69840 Federal Register / Vol. 165, No. 224 / Monday, November 20, 2000 / Rules and Regulations

ARCHITECTURAL AND

TRANSPORTATION BARRIERS

COMPLIANCE BOARD

36 CFR Part 1191

[Docket No. 98–2]

RIN 3014–AA21

Americans with Disabilities Act (ADA)

Accessibility Guidelines for Buildings

and Facilities; Play Areas

AGENCY: Architectural and

Transportation Barriers Compliance

Board.

ACTION: Amendment to advisory note.

SUMMARY: The Architectural and

Transportation Barriers Compliance

Board (Access Board) is amending an

advisory note to the accessibility

guidelines for play areas. The amended

advisory note clarifies that play

components that are attached to a

composite play structure and can be

approached from a platform or deck

(e.g., climbers and overhead play

components), are elevated play

components. These play components

are not considered ground level play

components also, and do not count

toward meeting the number of ground

level play components that must be

located on an accessible route.

DATES: The amendment is effective

December 20, 2000.

FOR FURTHER INFORMATION CONTACT:

Peggy Greenwell, Office of Technical

and Information Services, Architectural

and Transportation Barriers Compliance

Board, 1331 F Street, NW., suite 1000,

Washington, DC 20004–1111.

Telephone number (202) 272–5434

extension 134 (Voice); (202) 272–5449

(TTY). E-mail address:

greenwell@access-board.gov.

SUPPLEMENTARY INFORMATION:

Availability of Copies and Electronic

Access

Single copies of this document may

be obtained at no cost by calling the

Access Board’s automated publications

order line (202) 272–5434, by pressing

2 on the telephone keypad, then 1, and

requesting publication S–42 (Play Areas

Final Rule, Amended Appendix Note).

Persons using a TTY should call (202)

272–5449. Please record a name,

address, telephone number and request

publication S–42. This document is

available in alternate formats upon

request. Persons who want a copy in an

alternate format should specify the type

of format (cassette tape, Braille, large

print, or ASCII disk). This document is

also available on the Board’s Internet

site (http://www.access-board.gov/play/

finalrule-aan.htm).

Background

On October 18, 2000, the Access

Board issued final accessibility

guidelines for play areas. 65 FR 62498

(October 18, 2000). The guidelines serve

as the basis for enforceable standards to

be adopted by the Department of Justice

for new construction and alterations of

play areas covered by the Americans

with Disabilities Act. The guidelines

distinguish between ground level and

elevated play components, and provide

that a minimum number of ground level

and elevated play components must be

located on an accessible route.

The appendix to the guidelines

contains advisory notes to assist in

understanding the guidelines. Advisory

note A15.6.3 addresses elevated play

components that are attached to a

composite play structure. As originally

issued, the advisory note used the

example of a climber attached to a

composite play structure. The advisory

note stated that the climber may be

considered either a ground level or

elevated play component. The advisory

note explained that if an accessible

route is provided to the base of the

climber and to the top of the climber,

and the climber is counted toward

meeting the number of elevated play

components on an accessible route, the

same climber cannot be counted toward

meeting the number of ground level

play components on an accessible route.

The purpose of the advisory note was to

clarify that such play components

cannot be ‘‘double-counted’’ as both

ground level and elevated play

components. However, if climbers and

other overhead play components that

are attached to a composite play

structure are counted as ground level

play components, instead of elevated

play components, it would result in

significantly less access in play areas.

Fewer ground level and elevated play

components would have to be located

on an accessible route; ramp access

would be more limited; and there would

be less diversity in the types of ground

level play components provided. The

advisory note was not intended to create

a ‘‘loophole’’ for evading the guidelines.

The economic assessment, which

analyzed the impact of the guidelines,

counted climbers and overhead play

components attached to a composite

play structure as elevated play

components. Play equipment

manufacturers and operators, who have

followed the guidelines on a voluntary

basis prior to their adoption as

enforceable standards by the

Department of Justice, have counted

climbers and overhead play components

attached to a composite play structure

as elevated play components.

Accordingly, the amended advisory note

states that play components that are

attached to a composite play structure

and can be approached from a platform

or deck (e.g., climbers or overhead play

components), are considered elevated

play components. The amended

advisory note further states that these

play components are not considered

ground level play components also, and

do not count toward meeting the

number of ground level play

components that must be located on an

accessible route.

List of Subjects in 36 CFR Part 1191

Buildings and facilities, Civil rights,

Individuals with disabilities,

Transportation.

Thurman M. Davis, Sr.,

Chair, Architectural and Transportation

Barriers Compliance Board.

For the reasons set forth above, part

1191 of Title 36 of the Code of Federal

Regulations is amended as follows:

PART 1191—AMERICANS WITH

DISABILITIES ACT (ADA)

ACCESSIBILITY

Guidelines for Buildings and Facilities

1. The authority citation for 36 CFR

part 1191 continues to read as follows:

Authority: 42 U.S.C. 12204.

1191 Appendix A [Amended]

2. In Part 1191, the appendix to

Appendix A is amended by revising

pages A22, A23 and A24 to read as

follows:

Appendix A to Part 1191—Americans

with Disabilities Act (ADA)

Accessibility Guidelines for Buildings

and Facilities

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BILLING CODE 8150–01–P

Federal Register / Vol. 165, No. 224 / Monday, November 20, 2000 / Rules and Regulations 69841

69842 Federal Register / Vol. 165, No. 224 / Monday, November 20, 2000 / Rules and Regulations

Federal Register / Vol. 165, No. 224 / Monday, November 20, 2000 / Rules and Regulations 69843

[FR Doc. 00–29599 Filed 11–17–00; 8:45 am]

BILLING CODE 8150–01–C