The US Access Board
Washington, DC
Submitted to:
United States House and Senate
Appropriations Committees
Subcommittees on Transportation,
Housing and Urban Development,
and Related
Agencies
February 2012
This document presents the Access Board’s budget justification for fiscal year (FY) 2013. We are requesting a total budget authority of $7,400,000 (See Appendix A).
In March 2009, the Access Board approved its most recent strategic plan (we are in the process of updating the plan and expect to approve a new one by March 2012). The plan includes a vision statement (achieve a fully accessible America for all) and mission statement (lead the development, advancement, and implementation of accessibility requirements). The plan includes four goals:
The Board has established long and short range goals and annual objectives that describe the strategies it will implement to achieve the goals. This discussion and budget justification presents information under each of the Board’s program areas and reports on the results from FY 2011 activities, reviews the planned FY 2012 activities, and presents the FY 2013 objectives.
In developing objectives and strategies for achieving its goals, the Board seeks to work together with its stakeholders toward common objectives. The Board’s plan is simple: work with its stakeholders to establish consensus-based guidelines and standards that are fair, reasonable, and acceptable to all interests; where the Board has enforcement responsibilities over federal agencies, assist those agencies to achieve full compliance; and involve its stakeholders in developing and disseminating materials and manuals that will help them understand and comply with our guidelines and standards.
The Board was established in 1973 under section 502 of the Rehabilitation Act and is the only federal agency whose primary mission is accessibility for people with disabilities. The Board is responsible for developing guidelines under the Americans with Disabilities Act, the Architectural Barriers Act, and the Communications Act for ensuring that buildings and facilities, transportation vehicles, and telecommunications equipment covered by these laws are readily accessible to and usable by people with disabilities. The Board is also responsible for developing standards under section 508 of the Rehabilitation Act for accessible electronic and information technology procured by federal agencies and standards for accessible medical diagnostic equipment under section 510 of the Rehabilitation Act.
Additionally, under the Help America Vote Act, the Board serves on the Board of Advisors and the Technical Guidelines Development Committee which assist the Election Assistance Commission in developing voluntary guidelines for voting systems, including accessibility for people with disabilities.
The Board also enforces the Architectural Barriers Act and provides training and technical assistance on each of its guidelines and standards, and on a variety of other accessibility issues. Additionally, the Board maintains a research program that develops technical assistance materials and provides information needed for rulemaking.
The Board’s programs will result in accessible buildings and facilities, transportation vehicles, medical diagnostic equipment, telecommunications equipment, and information and communications technology across our country and, ultimately, the full economic and social integration of people with disabilities into our society. Achieving these results will depend not only on the Board’s activities, but also on the level of commitment and action taken by other federal agencies, State and local governments, and businesses that are required to comply with or enforce the various laws that guarantee the civil rights of people with disabilities.
The Board will continue to develop and update accessibility guidelines and standards and work cooperatively with organizations that develop codes and standards affecting accessibility through FY 2013 and beyond. A report on the Board’s current and completed rulemakings is attached as Appendix B. We have the following two objectives for this program area:
The status of current guidelines and standards efforts is presented below.
In June 2007, the Board released proposed guidelines for public comment that address access to new or altered trails, beaches, and picnic and camping areas on sites managed by the federal government. The guidelines would apply to sites developed or altered by federal land management agencies, including the U.S. Forest Service, the National Park Service, the Fish and Wildlife Service, the Bureau of Land Management, and the Army Corps of Engineers, among others. The Board has been working with an ad hoc committee of Board members, staff, and representatives of the federal land management agencies to finalize this rule. In October 2009, the Board released draft final rules for outdoor developed areas and provided a comment period, which closed in December 2009. A final rule is planned for FY 2012. Proposed guidelines for non-federal sites will be published for comment at a future date.
When the Board approved the draft final accessibility guidelines for trails, coverage of shared use paths was deferred to a future rulemaking. Commenters on the outdoor developed areas rule had previously raised concerns about the need for differing guidelines for shared use paths. Commenters noted that shared use paths differ from trails and typically are located in more developed outdoor areas, as opposed to the more primitive trail settings. Unlike trails, they are designed to serve both bicyclists and pedestrians and are used for transportation and recreation purposes. As a result, the Board initiated separate rulemaking to cover shared use paths and published an advance notice of proposed rulemaking for shared use paths in March 2011.
The Board’s guidelines will apply to passenger vessels that are permitted to carry more than 150 passengers or more than 49 overnight passengers, ferries that carry 100 or more passengers, and certain tenders that carry 60 or more passengers. In June 2008, we published revised draft guidelines for the purpose of holding information meetings to collect data necessary for a regulatory assessment. Meetings were held in August 2008 to collect this data. In 2009, we contracted with the Volpe National Transportation Systems Center to assist the Board in finalizing the regulatory assessment. The Board’s Passenger Vessel Emergency Alarms Advisory Committee completed its work and presented its report to the Board in October 2008. The committee’s recommendations will advance the Board’s development of new guidelines for passenger vessels, which are to include criteria for emergency alarm systems. At its May 2010 meeting, the Board approved the Passenger Vessel Accessibility Guidelines text and preamble. Since then, staff has been working to complete the rulemaking package that will be submitted to the Office of Management and Budget (OMB) for review. To complete the package, the Regulatory Impact Analysis and the Initial Regulatory Flexibility Act Analysis need to be finished. These documents will be available for Board review and approval at the January 2012 Board meeting.
In 2009, we contracted with the Volpe National Transportation Systems Center to assist the Board in finalizing a regulatory assessment for this rulemaking. The Board has been working with an ad hoc committee of Board members and staff to develop a notice of proposed rulemaking (NPRM). A proposed rule was published for public comment in July 2011; two hearings were held and the comment period closes in February 2012.
In July 2006, the Board created an advisory committee to update and revise the Section 508 standards and the Telecommunications Act Accessibility Guidelines. Forty-one organizations served on the Telecommunications and Electronic and Information Technology Advisory Committee. The committee’s membership included representatives from industry, disability groups, standard-setting bodies in the U.S. and abroad, and government agencies, among others. The committee completed its work and presented its report to the Board in April 2008. In March 2010, the Board published an Advance Notice of Proposed Rulemaking (ANPRM) to update the Board’s Information and Communications Technologies (ICT) guidelines and standards based on the committee’s report. We received almost 400 comments from the public, including industry, disability groups, consumers, government entities, research and trade organizations, accessibility consultants, and others.
In response to this input, the Board published a second ANPRM in December 2011. This new document simplified and streamlined the earlier draft for greater usability. The revised draft further harmonizes the rule with other guidelines and standards and eliminates redundancy by referencing the Web Content Accessibility Guidelines 2.0. In addition, revisions have been made to clarify the relationship between performance and technical criteria, coverage of electronic content, and clearer requirements for ICT with closed functionality. Two hearings are planned and the comment period closes in March 2012.
At its November 2010 meeting, the Board decided to separate the rulemaking on ADA self-service transaction machines from the rulemaking on information and communication technology. The Departments of Transportation (DOT) and Justice (DOJ) are undertaking related rulemakings that present an opportunity to work collaboratively to develop a single set of technical requirements that would be referenced and scoped by each participating agency. A proposed rule is planned for FY 2013.
In November 2008, the Board released for public comment a second draft of revisions updating its accessibility guidelines for buses and vans covered by the Americans with Disabilities Act. The second draft was issued because the format was significantly changed, provisions for over-the-road buses were added, and changes were made in response to comments on a first draft that was published in April 2007. In 2009, we contracted with the Volpe National Transportation Systems Center to assist the Board in finalizing the regulatory assessment for this rulemaking. The Board has been working with an ad hoc committee of Board members and staff to develop this rulemaking. An NPRM to revise and update the accessibility guidelines for buses, over-the-road buses, and vans was published in July 2010. Two public hearings were held and the comment period has closed. A final rule is planned for FY 2013.
An advisory committee on emergency transportable housing was created in September 2007. The Board organized this committee, which included representation from disability groups, industry and code groups, and government agencies, to provide recommendations on supplementing its guidelines to cover emergency transportable housing. Access to such housing proved problematic in the aftermath of Hurricane Katrina. After verifying and examining the issues involved, the Board determined that supplementary guidelines were needed. The committee completed its work and presented its report to the Board in November 2008. The Board approved a proposed rule at its March 2011 meeting; the rule is expected to be submitted to OMB for review in early 2012.
The Board was petitioned in 1997 to include classroom acoustics provisions in revisions then underway to ADAAG; lack of notice precluded this. Instead, in 1998 the Board published a Request for Information that was strongly supported in comment by parents and by audiology and acoustics professionals. Opposition was largely based upon assumed cost increases when weighed against undemonstrated efficacy. The Board has worked hard to resolve these issues.
Instead of pursuing rulemaking at the time, the Board participated in the development of a voluntary consensus standard on the topic. In 2002, the ANSI/ASA S12.60 Classroom Acoustics Standard was finalized. However, the standard is voluntary until it is required to be complied with. In 2009, the Board worked to revise the standard to make it easier to reference in the International Building Code to make the voluntary standard mandatory. Revisions to the ANSI/ASA S12.60 Classroom Acoustics Standard were finalized in late April 2010 and the standard was approved by ANSI immediately thereafter. The Board then sought to have the new standard adopted by the International Code Council (ICC) so that it would be a required part of the International Building Code. However, the Board’s proposal was not supported at the ICC meetings in mid-May. Therefore, at its July 2010 meeting, the Board approved a motion to go forward with rulemaking to reference the ANSI/ASA standard for new classroom construction and for alterations of significant scope.
At its November 2010 meeting, a Board ad hoc committee reviewed draft text for a Notice of Proposed Rulemaking on classroom acoustics. The next step is to develop a regulatory assessment and preamble to accompany the NPRM. At the end of FY 2011, we contracted with the National Institute for Building Sciences to complete the regulatory assessment. A proposed rule is planned for FY 2013.
The Access Board is developing accessibility standards for medical diagnostic equipment, including examination tables and chairs, weight scales, radiological equipment, and mammography equipment. The Patient Protection and Affordable Care Act signed into law in March 2010 requires the Board to issue these standards in two years in consultation with the Food and Drug Administration. The standards are to address independent access to, and use of, equipment by people with disabilities to the maximum extent possible.
In July 2010, the Board held a public information meeting on this rulemaking to gather information from stakeholders, including consumers, equipment manufacturers, the health care industry, government agencies, and others with an interest in the new standards. The Board approved a proposed rule at its November 2011 meeting and submitted it to OMB for review. We expect to publish the proposed rule in early 2012.
In order for the Board’s accessibility guidelines to become enforceable, other federal agencies must generally complete rulemaking to adopt the guidelines as standards. The Department of Housing and Urban Development, the Department of Defense, the General Services Administration, and the U.S. Postal Service use the Board’s guidelines to develop enforceable standards under the Architectural Barriers Act. The Departments of Justice and Transportation use the Board’s guidelines to develop enforceable standards under the Americans with Disabilities Act. The U.S. Postal Service, General Services Administration, the Department of Defense, and the Departments of Justice and Transportation have adopted the Board’s guidelines as standards. The Department of Housing and Urban Development has not acted yet to adopt the Board’s guidelines.
Our long-range goal is to take a leadership role in the development of codes and standards for accessibility. The Board works with model codes organizations and voluntary consensus standards groups that develop and periodically revise codes and standards affecting accessibility. We have voting membership in several codes and standards organizations, and monitor or are actively involved in the development or revision of dozens of other codes and standards affecting accessibility. Some of the codes and standards groups that we work with include the International Code Council (ICC)/American National Standards Institute (ANSI) A117 Committee; American Society of Mechanical Engineers (ASME) A18 Platform Lift and Stairway Chair Lift Committee; National Fire Protection Association (NFPA), Disability Access Review Advisory Committee; and the American Society for Testing and Materials (ASTM) Committee on Playground Surfacing Systems.
We believe this goal enhances the Board’s credibility as a knowledgeable source of information regarding technical aspects of accessibility. Additionally, by working cooperatively with model codes organizations and standards-setting organizations, federal and private codes and standards will be more similar, or harmonized, and the Board will be more alert to non-federal influences affecting its constituencies. Harmonization between federal and private requirements will make it more likely that buildings and facilities will be accessible, thus reducing the necessity for complaints and litigation.
Two Access Board members serve as members of the Technical Guidelines Development Committee and the Board of Advisors, which provide recommendations to the Election Assistance Commission (EAC) under the Help America Vote Act. We are also a member of the Interagency Committee on Standards Policy, which is the body that is responsible for overseeing the use of standards by federal agencies in accordance with the National Technology Transfer and Advancement Act.
In FY 2012, it is our objective to issue one final guideline and three proposed rules:
In FY 2012 and FY 2013 we plan to allocate the majority of our research budget to aid in the development of regulatory assessments to advance our rulemaking agenda. We have funded regulatory assessments for the following proposed guidelines: Passenger Vessels, Public Rights-of-Way, Information and Communications Technology, Self-Service Transaction Machines, Medical Diagnostic Equipment, Shared Use Paths, and Classroom Acoustics. The Access Board will use funds from its FY 2012 and 2013 budgets to complete these assessments.
In FY 2013, it is our objective to issue five final guidelines and four proposed rules:
At the conclusion of FY 2013 we will have completed all of our planned rulemaking except finalizing the rules for information and communications technology, self-service transaction machines, classroom acoustics, and shared use paths. New rulemaking is planned to extend coverage of outdoor developed areas to non-federal sites and to revise and update the vehicle guidelines for rail vehicles.
In FY 2012, the Board will continue to work with the private sector codes community to harmonize the Board’s guidelines with model codes and standards and with the Election Assistance Commission (EAC) in the development of updated voluntary voting system guidelines under the Help America Vote Act.
The EAC adopted the Voluntary Voting System Guidelines (VVSG) in December 2005. The EAC is working on the next version of the Voluntary Voting System Guidelines based on draft guidelines from the Technical Guidelines Development Committee (TGDC). The TGDC draft guidelines were delivered to the EAC in August 2007. The TGDC’s draft is a complete rewrite of the 2005 guidelines and is intended to address the next generation of voting systems. The guidelines contain new and expanded material in the areas of reliability and quality, usability and accessibility, security, and testing.
In FY 2013, the Board will continue to collaborate with the Election Assistance Commission and will continue our efforts to harmonize the Board’s guidelines with model codes and standards, including the ICC/ANSI A117.1 Standard for Accessible and Usable Buildings and Facilities and the Acoustical Society of America’s Committee on Noise.
The Board provides technical assistance to a wide variety of people regarding the accessibility guidelines and standards it issues. The Board’s customers include architects, builders, designers, manufacturers, people with disabilities, State and local governments, and federal agencies. The Board’s technical assistance program has four components:
We have the following two objectives in this program area:
The Board’s long-range goal is to be known as the leading source of information about accessibility and to disseminate information to our customers in effective ways. As we develop guidelines for new areas there will be increased demands for technical assistance from existing and new customer groups. The Board has informal partnerships with organizations such as the National Association of ADA Coordinators and the National Network of ADA Centers to disseminate information about the Board’s programs. Many of the Board’s guidelines and publications are available through these organizations’ on-line networks. The Board also provides training for these organizations. As we develop new guidelines and standards, there will be opportunities to use existing partnerships and establish new partnerships with customer groups to disseminate information about the Board’s rulemaking.
Technical assistance, research, regulatory assessments, and training projects funded in FY 2011 included:
The Board responded to 12,673 customer inquiries, distributed 1,225 information packets, and conducted 87 training sessions that were attended by approximately 7,340 people. An information packet usually contains several publications. Since we do not collect data on publications disseminated through partner organizations, the actual number of publications disseminated to our customers is greater than our current data indicate.
We have used our website to provide copies of the Board’s guidelines and answers to frequently asked questions about the guidelines so that more customers can get the information they need. The usage of our website continues to grow. There were approximately 3.5 million user sessions and 48 million “hits”. At the end of FY 2011, we awarded a contract to redo our website and create an intranet site. We also published and distributed six issues of AccessCurrents, a free newsletter the Board issues every other month by e-mail.
We also offer monthly webinars and audio conferences through a partnership with the National Network of ADA Centers. We hosted 10 sessions where participants learned more about the work of the Access Board, its guidelines and standards, and accessible design. Sessions also provide an opportunity to earn continuing education credits (CEUs). General attendance is free, but a $25 fee is charged for processing CEUs.
The Board is developing an online guide on the ADA and ABA Accessibility Guidelines that will consist of illustrated technical bulletins covering all sections of the guidelines and a supplementary series of short animations that will dynamically explain various requirements and the rationale behind them. We have developed technical bulletins for four chapters and supplementary animations are also in development. Work is nearing completion on the second animation in the series which will cover wheelchair maneuvering and fundamental specifications for clear floor space, accessible routes, and reach requirements. This follows an animation on maneuvering at doors that has been completed. We plan to release the completed materials in July 2012.
We will continue to offer our very successful monthly webinar series. In December 2009, the Board launched the first in a series of webinars and audio conferences on different topics of accessibility in cooperation with the Great Lakes ADA Center. The series covers a variety of topics on accessibility pertaining to the built environment, information and communication technologies, and transportation. Two early sessions in 2012 are planned on accessible courthouses and courtrooms and training on the 2010 ADA Standards for Accessible Design. Sessions are conducted on a monthly basis with most scheduled for 90 minutes.
The Board has upgraded its news distribution services to provide enhanced features and options for email subscribers. Implemented through GovDelivery, a firm specializing in email subscription services for government entities, the new system offers more choices in receiving news updates on Board initiatives and activities. In addition to its email newsletter, Access Currents, subscribers can sign-up to receive instant news updates. Subscription lists also are available for updates specific to Board rulemaking initiatives. Those interested in the Board’s development of a particular guideline or standard can subscribe to a dedicated list to be kept apprised of progress on that rulemaking. We will continue to use GovDelivery in FY 2012 and 2013.
We are redesigning our website and implementing a content management system to aid in the ability to more easily update the site on a regular basis. We expect to unveil the new website in July 2012. Our last redesign was in June 2005.
The following research and technical assistance projects are planned for FY 2012:
In FY 2013 and beyond, we will develop training and technical assistance materials on final rules. As we publish final rules, we make every effort to ensure that training and technical assistance materials are available to organizations and individuals that must apply the new requirements. The Board will continue to improve its website including releasing additional modules for the web-based guide on the ADA and ABA Accessibility Guidelines.
The Board enforces the Architectural Barriers Act (ABA), which requires that most buildings designed, constructed, altered, or leased by the federal government and certain other federally financed facilities be accessible to people with disabilities. Complaints received by the Board concern post offices, national parks, military facilities, veterans hospitals, courthouses, and a variety of other facilities. When the Board has jurisdiction and finds that the applicable accessibility standards were not followed, we request a corrective action plan and monitor the case until the barrier is removed. Even when the Board does not have jurisdiction or no violation is found, we attempt to negotiate voluntary barrier removal.
We currently have the following three objectives in this program area:
In addition to enforcement, the Board works with federal agencies and others to ensure compliance with the Architectural Barriers Act and make the federal government a model of accessibility. Our experience with resolving complaints is that most violations are not intentional. When violations are found, it is usually because the people responsible for designing buildings, reviewing plans, and on-site construction did not have a good understanding of the accessibility standards and how to apply them. People responsible for building planning and design at headquarters, regional and field offices, and local sites must have a working knowledge of the accessibility standards if compliance is to be achieved. As federal agencies are reorganized and personnel assignments and responsibilities change, it is important that agencies have effective systems for training new people responsible for applying the accessibility standards and for monitoring compliance with the Architectural Barriers Act. Training has become even more important now that new accessibility standards for the Architectural Barriers Act are being implemented by the standard-setting agencies.
In FY 2011, the Board received 161 written complaints. These included complaints investigated under the Architectural Barriers Act, and also those concerning facilities not covered by that law but potentially covered by other laws, such as the Americans with Disabilities Act and the Rehabilitation Act. Of the 161 complaints, we opened 76 as new Architectural Barriers Act cases. Although the Board did not have authority under the Architectural Barriers Act in the other 85 complaints, we responded to the complainants, usually by referring them to the appropriate enforcement agency. In addition, we referred another 18 complainants to other agencies for action when our investigations revealed there was no violation of the Architectural Barriers Act or we did not have jurisdiction.
The Board responds quickly to all new complaints. In FY 2011, the Board sent initial letters to complainants acknowledging receipt of their complaint or began an investigation of the issues they raised within an average of 2.9 days. It is Board practice to keep complainants informed on a regular basis throughout the course of our investigations. In FY 2011, we contacted 108 complainants to provide updates on the status of their complaints. We find that these contacts can be helpful in obtaining additional information about actions being taken that may not have been provided by respondent agencies. Upon completing investigations, we always give complainants an opportunity to comment on determinations we have made and actions that have been taken before closing complaints.
In FY 2011, we worked with General Services Administration headquarters staff to develop and conduct webinar training of its regional and field staff on requirements of the Architectural Barriers Act Accessibility Standards. We also worked with U.S. Postal Service headquarters staff on the development of a presentation on its Architectural Barriers Act compliance program to Access Board federal member agencies, public Board members and the public. We continued ongoing work with Department of Defense agencies to ensure compliance of facilities covered by its Architectural Barriers Act standards and with the Department of Housing and Urban Development on development of its new standards under the Architectural Barriers Act.
In FY 2012, the Board will continue to investigate complaints under the Architectural Barriers Act. We anticipate responding to complaints in an average of 3 or fewer business days and will continue to provide periodic updates to complainants on the status of their complaints. Based on previous experience, we expect to receive 120 new complaints in FY 2012. Of this total, we estimate that 60 will be opened as new Architectural Barriers Act cases and 60 will be referred to other agencies for enforcement under other laws, such as the Americans with Disabilities Act and the Rehabilitation Act.
As part of our efforts to implement the President’s Open Government principles, the Board plans to gather views from the public through a series of customer satisfaction surveys and focus groups. We plan to customize each survey or focus group to cover an existing Access Board program. We have devised, as the first in the customer satisfaction series, a survey instrument to collect satisfaction data from individuals filing complaints under the Architectural Barriers Act compliance and enforcement program. We will begin administering this survey in the near future.
In FY 2012 we will continue to refine program processes based on performance measures developed in 2010 to better increase efficiency in the operation of the compliance and enforcement program. We are updating and revising our computer system for managing and tracking ABA complaints as well. The system we use now is extremely outdated and is cumbersome when running anything but the most routine reports.
We will continue to work with the Department of Defense, U.S. Postal Service, and agencies covered by the General Services Administration accessibility standards to ensure that covered facilities are in compliance with requirements in the ABA standards. We will continue to work with the Department of Housing and Urban Development through the development and adoption of its accessibility standards under the ABA. We will work with federal agency contacts to increase their agency customers’ awareness of the ABA and the availability of the ABA complaint process.
In FY 2013, the Board will continue to investigate complaints under the Architectural Barriers Act. We estimate that we will receive 120 new complaints. We expect to open 60 new Architectural Barriers Act cases and refer 60 complaints to other agencies for enforcement under other laws. We will continue to provide good customer service and increase efficiency in the operation of the Compliance and Enforcement program.
We will continue working with the ABA standard-setting agencies to ensure that new construction, alterations, and leases are in compliance with the requirements under the ABA. In addition, we will participate in a government-wide review of ways to improve the effectiveness of disability programs through better coordination and alignment of priorities and strategies. This will build on previous efforts that have sought to better coordinate policies and programs across federal, state and local governments, the service provider community and employers to improve the effectiveness and efficiency of programs serving individuals with disabilities. While some significant coordination efforts have proven successful, the Administration expects collaboration and innovation to improve efficiency and effectiveness as well as reduce costs even further. The focus of the upcoming review will be to work with agencies authorized to run disability-specific programs and those programs that impact and affect people with disabilities to explore how they can achieve better results for this population by sharing data; defining shared objectives; coordinating goal-setting, integration, implementation and measurement to track progress; and improving management response time when adjustments are needed.
This is a new program area for the Board. In July 2009, the Board formed a new ad hoc committee to address “frontier” technologies not currently addressed by the Board’s guidelines and standards or elsewhere. We have the following two objectives in this program area:
The ad hoc committee on frontier issues has served as a mechanism to examine the new accessibility needs of the upcoming generations of people with disabilities with regard to emerging technologies issues. Issues brought to the committee come from staff, the Board, or another ad hoc committee. One of the Board’s objectives in this area was to work with appropriate agencies within the Administration to clarify the authority of the Americans with Disabilities Act with respect to information and communication technology. That issue was largely addressed in July 2010 with the publication of an advance notice of proposed rulemaking by the Department of Justice on the application of accessibility to the internet, outside of the federal sector.
In FY 2011 the Board partnered with the Federal Chief Information Officers Council and the Chief Acquisition Officers Council in conducting four listening sessions on ways to promote access to information technology in the federal sector under Section 508 of the Rehabilitation Act. Listening sessions were held in Chicago, Washington, DC, San Diego, and Stanford, CA. The Board’s Executive Director moderated all of the listening sessions. Members of the public, technology company representatives, and federal employees discussed ways the federal government can use technology in new and better ways to influence technology accessibility as well as how technology can improve access and opportunities for people with disabilities and enhance their interaction with the federal government. The administration is planning to release a strategic plan on ways to improve section 508 implementation based on the results of the listening sessions.
We plan to invite speakers to our regularly scheduled Board meetings to brief the Board and staff on new and emerging technology issues and will seek input from the public during our yearly out-of-town events. The committee had previously expressed concern about lack of standards for video interpreting services. Issues include audio quality, slow service, and screen size. We have arranged for a presentation on videophone technology and video interpreting services for the January Board meeting from Dr. Christian Vogler, Director of the Gallaudet University Technology Access Program. Other concerns that the committee would like to explore include ways to address the access needs of people with autism.
In FY 2013 we will continue to invite speakers to our regularly scheduled Board meetings to brief the Board and staff on new and emerging technology issues and will seek input from the public during our yearly out-of-town events.
| Description | FY 2011 | FY 2012 | FY 2013 Request |
|---|---|---|---|
| [1] We expect to receive this amount in reimbursements for travel associated with training. | |||
| Budget Total | 7,285,400 | 7,400,000 | 7,400,000 |
| Personnel | 4,560,700 | 4,795,000 | 4,788,550 |
| Salary | 3,619,700 | 3,807,900 | 3,801,900 |
| Staff | 3,376,300 | 3,558,900 | 3,558,900 |
| Board | 243,400 | 249,000 | 243,000 |
| Personnel Benefits | 941,000 | 987,100 | 986,650 |
| Travel | 307,100 | 307,100 | 280,220 |
| Board Meetings and Public Hearings | 227,100 | 227,100 | 253,220 |
| Advisory Committee Meetings | 5,000 | 5,000 | 0 |
| Training, Site Visits, Conferences, Other | 75,000 | 75,000 | 27,000 |
| Rent | 682,600 | 698,000 | 704,823 |
| Research | 400,000 | 400,000 | 400,000 |
| Technical Assistance and Research | 180,000 | 180,000 | 200,000 |
| Regulatory Assessments | 220,000 | 220,000 | 200,000 |
| Facilitators / Contractors | 119,000 | 77,000 | 10,000 |
| Administrative Support Services | 476,500 | 448,800 | 503,407 |
| IT Support Services | 499,700 | 428,500 | 520,200 |
| Printing | 60,000 | 60,000 | 50,000 |
| Miscellaneous Operating Expenses | 179,800 | 185,600 | 142,800 |
| Postage, Courier, and Mailing Services | 53,100 | 48,900 | 15,000 |
| Phones | 30,000 | 30,000 | 30,000 |
| Staff Training | 8,000 | 8,000 | 8,000 |
| Equipment | 22,000 | 22,000 | 22,000 |
| Supplies | 15,000 | 25,000 | 15,000 |
| Drug Testing | 700 | 700 | 800 |
| Audit | 27,000 | 27,000 | 28,000 |
| Books | 9,000 | 9,000 | 9,000 |
| Other | 15,000 | 15,000 | 15,000 |
| Receipts for Publications and Training [1] | 43,650 | 40,000 | 45,000 |
Public Law 112-10 provided the Board with $7,285,400 in spending authority for FY 2011; our spending authority was $7,400,000 in FY 2012 under Public Law 112-55. The Board is requesting a total budget authority in FY 2013 of $7,400,000.
| Personnel | We anticipate the Board will use 30.5 FTE
in 2012. We do not expect to add any new staff positions in FY
2013. We are planning on 5 days per public (Presidentially appointed) Board member for each of the 5 regular Board meetings and one out-of-town meeting. In addition we have included funds for the following:
|
|
|---|---|---|
| FY 2012 | $4,795,000 | |
| FY 2013 | $4,788,550 | |
| Travel | The largest portion of our travel budget is devoted to the cost of travel for 13 public Board members. We continue to save on our travel expenses for Board meetings due to not having to pay for audio visual equipment at hotels and by reducing food and beverage costs by not using hotel space for most of our meetings since we acquired new meeting space in 2010. We plan to reduce travel by conducting the November 2012 Board meeting by conference call as a means of implementing Executive Order 13589 (Promoting Efficient Spending). We contract with a certified court reporter to provide transcripts of all Board and most advisory committee meetings and provide real time transcription as a job accommodation for a Board member. We provide sign language interpreters at all Board and most advisory committee meetings at a cost of approximately $750 per day. | |
| FY 2012 | $ 307,100 | |
| FY 2013 | $ 280,220 | |
| Rent | In 2010 the Board acquired additional space for the purpose of providing conference space for its 5 in-town Board meetings and for advisory committee meetings, public forums, and other large meetings. This additional space ensures that the Access Board’s meetings are fully accessible to people with disabilities, which is imperative, given the agency’s mission. Our rent is set by the General Services Administration. | |
| FY 2012 | $ 698,000 | |
| FY 2013 | $ 704,823 | |
| Research | Contracting for research to assist in our guideline development and to provide technical assistance materials is crucial to the Board’s mission. Funds are also used to conduct required regulatory assessments for our rulemaking. | |
| FY 2012 | $ 400,000 | |
| FY 2013 | $ 400,000 | |
| Facilitator / Contractors | We use contractors to assist the Board in benchmarking performance measures and in other activities such as improving the electronic distribution of electronic media, technology consulting services, and having compliant Federal Personal Identity Verifications under HSPD-12. | |
| FY 2012 | $ 77,000 | |
| FY 2013 | $ 10,000 | |
| Administrative Support Services | The Board contracts with the Bureau of Public Debt in the Department of the Treasury to provide procurement, financial, payroll, and personnel services. | |
| FY 2012 | $ 448,800 | |
| FY 2013 | $ 503,407 | |
| Information Technology Support Services | This is the yearly cost of the Board’s telephone and desktop computing needs including desktop and laptop computers, assistive technology, local area network server, software, printers, maintenance and support services, including website hosting and internet service. In late January of 2012 we will move our email system to the “cloud”. Included in this are the costs for implementing and maintaining our electronic records management system. | |
| FY 2012 | $ 428,500 | |
| FY 2013 | $ 520,200 | |
| Printing | Publishing proposed and final rules in the Federal Register is a relatively high cost for the Board. Printing in the Federal Register costs $477 per page (and $522 for camera ready pages). Other items in this category include printing our final rules in the Code of Federal Regulations. | |
| FY 2012 | $ 60,000 | |
| FY 2013 | $ 50,000 | |
| Miscellaneous Operating Expenses | Expenditures in this category include postage for the publications we send out to our customers, overnight shipping for mailing meeting materials to Board members, in-town delivery service, and postage meter rental. We have lowered our postage costs since we plan to phase out delivery of print publications in FY 2013 as a means of implementing Executive Order 13589 (Promoting Efficient Spending). Our phone system costs are included here too and include costs for our toll-free lines and local calls. Other costs include staff training, maintenance contracts for our office entry and security system and a copier. We contract with the Department of the Interior to provide services for the mandatory drug testing program. Other expenditures are for employee health services, a reader to provide audio tapes as alternate format publications, and attendant services as a reasonable job accommodation when an employee who needs this service travels. Our yearly financial audit is included along with book purchases for our library collection of accessible design materials, office supplies, and equipment purchases. | |
| FY 2012 | $ 185,600 | |
| FY 2013 | $ 142,800 | |
| Receipts for Publications and Training | We expect to receive $40,000 in FY 2012 and $45,000 in FY 2013 in reimbursements for travel associated with training. P.L. 111-117 provides that there may be credited to the Board’s appropriation, funds received for publications and training expenses. | |
The Board created a 26-member Outdoor Developed Areas Regulatory Negotiation Committee to achieve a consensus approach and requirements for making outdoor developed areas accessible. The Committee presented its report to the Board in September 1999. In October 2001 the Board sponsored an information meeting on the final report on Accessibility Guidelines for Outdoor Developed Areas. The meeting was attended by about 50 individuals and was held in Denver, CO during the annual meeting of the National Recreation and Park Association. The meeting was informal and provided an opportunity for a dialogue with Board members about the report.
A Notice of Proposed Rulemaking for federal facilities covered by the Architectural Barriers Act was published in June 2007. The Board held three public hearings on the proposed guidelines in Denver, CO; Washington, DC; and Indianapolis, IN (in conjunction with the National Recreation and Park Association’s annual congress). In October 2009 the Board released draft final guidelines for public comment. Approximately 80 comments were received. Proposed guidelines for non-federal sites will be published for comment at a future date.
This rulemaking will address access to ferries, cruise ships, excursion boats, and other vessels. In 1994, the Access Board and the Department of Transportation funded a research project to assess the feasibility and impact of providing access to a variety of vessels. This project was completed in July 1996 and provided valuable information for rulemaking. The Board and DOT also held an information meeting with organizations representing people with disabilities and the marine industry to determine the scope and complexity of the rulemaking.
In August 1998, the Board created a 22-member Passenger Vessel Access Advisory Committee to provide recommendations for a proposed rule addressing accessibility guidelines for newly constructed and altered passenger vessels covered by the Americans with Disabilities Act. The committee presented its report with its recommendations to the Board in November 2000.
The Board held public meetings in New Orleans (August 2003) and Seattle (September 2003) to gather information and input on viable access solutions that will allow persons with disabilities independent access onto and off of large vessels such as cruise ships, dinner boats, ferries, and gaming boats. Over 150 vessel designers and operators, pier operators, persons with disabilities, and others attended the meetings. In advance of the meetings, the Board toured vessels and boarding facilities at area ports. In November 2004, the Board published for public comment an advance notice of proposed rulemaking (ANPRM) on access to and in smaller passenger vessels and a notice of availability (NOA) releasing draft guidelines on access to and in larger passenger vessels.
In July 2006, the Board made available for public comment revised draft accessibility guidelines for passenger vessels, which are permitted to carry more than 150 passengers or more than 49 overnight passengers. The revised draft guidelines will also apply to all ferries and certain tenders which carry 60 or more passengers. We received approximately 175 comments on the draft guidelines.
Passenger vessel operators, individuals with disabilities, and organizations representing the various interest groups commented that a provision in the draft guidelines, which required emergency alarm systems to comply with “principles of best practice”, was vague and requested additional guidance. The Board agreed that additional guidance would be helpful and in August 2007 created a Passenger Vessel Emergency Alarms Advisory Committee to assist in this matter. The committee’s membership included representatives from disability organizations, the vessel and cruise ship industry and trade groups, and the National Fire Protection Association, among others. The committee presented its report with its recommendations to the Board in October 2008. In June 2008, we published revised draft guidelines for the purpose of holding information meetings to collect data necessary for a regulatory assessment. Meetings were held in August 2008 to collect this data.
The Access Board decided to reinitiate rulemaking on accessible pedestrian facilities by convening a federal advisory committee to develop recommendations for guidelines for public rights-of-way. When the Board issued final rules for State and local governments in 1998, it decided to reserve provisions for public rights-of-way, due in large measure to the concerns of the transportation community expressed in comment to the Board on proposed and interim final rules for entities covered by title II of the ADA. Rather than finalizing the guidelines for public rights-of-way, the Board embarked upon an ambitious outreach plan to the highway industry. We produced a videotape, an accessibility checklist, and a design guide on accessible public rights-of-way.
In October 1999, the Board created a 31-member Public Rights-of-Way Access Advisory Committee to assist it in developing an NPRM for public rights-of-way access requirements. Representatives of a wide range of stakeholders, including transportation industry organizations and disability and pedestrian advocates developed recommendations for scoping and technical provisions addressing access to sidewalks, street crossings, and related pedestrian facilities. The committee presented its report with its recommendations to the Board in January 2001.
In June 2002, the Board released for public comment draft guidelines on accessible public rights-of-way. The draft guidelines were made available for public review and comment prior to issuing a notice of proposed rulemaking. A public meeting on the draft guidelines was held in Portland, OR, in October 2002.
In November 2005, the Board revised the draft guidelines based on public comments on the initial draft and released them as a notice of availability. This action was done to assist the Board in preparing a regulatory assessment of the impacts of the rule on State and local governments. A proposed rule was published for public comment in July 2011; two hearings were held and the comment period closes in February 2012.
A new Board advisory committee on emergency transportable housing was created to provide recommendations on supplementing our guidelines to specifically cover emergency transportable housing. Access to such housing proved problematic in the after-math of Hurricane Katrina and, after verifying and examining the issues involved, the Board has determined that supplementary guidelines may be needed. The committee included representation from disability groups, industry and code groups, and government agencies. The committee presented its report with its recommendations to the Board in November 2008.
In April 2007, the Board released for public comment a preliminary draft of revisions updating its accessibility guidelines for buses and vans covered by the Americans with Disabilities Act. The Board received approximately 90 comments. The Board used this input to refine the draft and published a second draft in November 2008 for additional comment.
An NPRM to revise and update the accessibility guidelines for buses, over-the-road buses, and vans was published in July 2010. Two public hearings were held during the comment period.
The Board will also issue draft updates at a later date for other sections of the vehicles guidelines, which, in addition to buses and vans, cover rail cars, trams, and other modes of transportation.
In July 2006, the Board created an advisory committee to update and revise the Section 508 standards and the Telecommunications Act Accessibility Guidelines. Forty-one organizations served on the Telecommunications and Electronic and Information Technology Advisory Committee. The committee’s membership included representatives from industry, disability groups, standard-setting bodies in the U.S. and abroad, and government agencies, among others. The committee completed its work and presented its report to the Board in April 2008. In March 2010, the Board published an Advance Notice of Proposed Rulemaking and held two public hearings during the comment period. In response to this input, the Board published a second ANPRM in December 2011. Two hearings are planned and the comment period closes in March 2012.
At its November 2010 meeting, the Board decided to separate the rulemaking on ADA self-service transaction machines from the rulemaking on information and communication technology. The Departments of Transportation (DOT) and Justice (DOJ) are undertaking related rulemakings that present an opportunity to work collaboratively to develop a single set of technical requirements that would be referenced and scoped by each participating agency.
When the Board approved the draft final accessibility guidelines for trails, coverage of shared use paths was deferred to a future rulemaking. Commenters on the outdoor developed areas rule had previously raised concerns about the need for differing guidelines for shared use paths. Commenters noted that shared use paths differ from trails and typically are located in more developed outdoor areas, as opposed to the more primitive trail settings. Unlike trails, they are designed to serve both bicyclists and pedestrians and are used for transportation and recreation purposes.
As a result, the Board will initiate separate rulemaking to cover shared use paths. On September 13, 2010, the Board held a public information meeting in conjunction with the ProWalk/ProBike 2010 Conference. This meeting provided an opportunity for individuals with disabilities, designers of shared use paths, and others with expertise in this area to share information with the Board to assist in the development of new accessibility guidelines. We published an advance notice of proposed rulemaking for shared use paths in March 2011.
The Board was petitioned in 1997 to include classroom acoustics provisions in revisions then underway to ADAAG; lack of notice precluded this. Instead, in 1998 the Board published a Request for Information that was strongly supported in comment by parents and by audiology and acoustics professionals. Opposition was largely based upon assumed cost increases when weighed against undemonstrated efficacy. The Board has worked hard to resolve these issues.
Instead of pursuing rulemaking at the time, the Board participated in the development of a voluntary consensus standard on the topic. In 2002 the ANSI/ASA S12.60 Classroom Acoustics Standard was finalized. However, the standard is voluntary until it is required to be complied with. In 2009 the Board worked to revise the standard to make it easier to reference in the International Building Code to make the voluntary standard mandatory.
Revisions to the ANSI/ASA S12.60 Classroom Acoustics Standard were finalized in late April 2010 and the standard was approved by ANSI immediately thereafter. The Board then sought to have the new standard adopted by the International Code Council (ICC) so that it would be a required part of the International Building Code. However, the Board’s proposal was not supported at the ICC meetings in mid-May. Therefore, at its July 2010 meeting, the Board approved a motion to go forward with rulemaking under the ADA and Architectural Barriers Act (ABA) to reference the ANSI/ASA standard for new classroom construction and for alterations of significant scope.
The Access Board is developing accessibility standards for medical diagnostic equipment, including examination tables and chairs, weight scales, radiological equipment, and mammography equipment. The Patient Protection and Affordable Care Act signed into law in March 2010 requires the Board to issue these standards in two years in consultation with the Food and Drug Administration. The standards are to address independent access to, and use of, equipment by people with disabilities to the maximum extent possible.
On July 29, 2010, the Board held a public information meeting on this rulemaking to gather information from stakeholders, including consumers, equipment manufacturers, the health care industry, government agencies, and others with an interest in the new standards.
| Next Action | ANPRM | Public Hearing |
Information Meeting |
Advisory Committee |
Regulatory Negotiation |
NPRM | Final Rule |
|---|---|---|---|---|---|---|---|
◊ next rulemaking action The first date for Advisory Committee meetings and Regulatory Negotiation meetings reflects the first meeting; the second date reflects the last meeting. Dates in parentheses indicate the release of a draft rule. |
|||||||
| Outdoor Developed Areas | 10/04/01 | 06/26/97 | 06/20/07 | (10/19/09) | |||
| 07/16/99 | ◊ | ||||||
| Passenger Vessels | 04/15/96 | 09/24/98 | (11/26/04) | ||||
| 08/20/03 | 09/22/00 | (07/07/06) | |||||
| 09/09/03 | (06/26/08) | ||||||
| 08/11/08 | 09/19/07 | ◊ | |||||
| 10/14/08 | |||||||
| Public Rights-of-Way | 10/08/02 |
|
◊ | ||||
| 12/02/99 | (06/17/02) | ||||||
| 10/20/00 | (11/23/05) | ||||||
| 07/26/11 | |||||||
| Emergency Transportable Housing | 09/24/07 | ◊ | |||||
11/18/08 |
|||||||
| Transportation Vehicles Guidelines Update | 09/30/10 | (04/11/07) | ◊ | ||||
11/08/10 |
(11/19/08) |
||||||
| Information Communications Technology | 03/22/10 | 03/25/10 |
|
||||
| 12/08/11 | 05/10/10 | 09/27/06 | ◊ | ||||
| 04/03/08 | |||||||
| Shared Use Paths | 03/28/11 | 09/13/10 | ◊ | ||||
| Classroom Acoustics | ◊ | ||||||
| Medical Diagnostic Equipment | 07/29/10 | ◊ | |||||
| Self-Service Transaction Machines | ◊ | ||||||
This rulemaking makes revisions to the Americans with Disabilities Act Accessibility Guidelines (ADAAG), updates the Minimum Guidelines and Requirements for Accessible Design (MGRAD) for federal facilities covered by the Architectural Barriers Act (ABA), and creates new guidelines for accessible housing.
The rulemaking consists of separate scoping and application sections for each law and one set of technical requirements for both the ADA and the ABA. The ADA scoping section is based on recommendations of the Board’s ADAAG Review Advisory Committee and covers private facilities (places of public accommodation and commercial facilities) and state and local government facilities. The other scoping section addresses federally funded facilities covered by the ABA. New scoping and technical provisions for accessible housing are included in this rule and are based on requirements for “Type A” dwelling units contained in the 1998 edition of the ICC/ANSI A117.1 standard, “Accessible and Usable Buildings and Facilities.”
The Board established a 22-member ADAAG Review Advisory Committee to review and make recommendations for updating ADAAG to ensure that it remains consistent with technological developments and changes in model codes and national standards and continues to meet the needs of people with disabilities. The committee developed a comprehensive set of recommendations for changes to sections 1-10 of ADAAG. The recommendations address the format of the guidelines, its numbering system, and changes to the scoping provisions and technical requirements. Cited as an outstanding example of reinventing government, the committee and the Board received the Vice Presidential Hammer Award in July 1996.
The Board issued a proposed rule in November 1999. The comment period closed on May 15, 2000. Over 2,500 comments were received on the proposed rule. The Board held two public hearings on the proposed rule. One hearing was held in Los Angeles, CA on January 31, 2000; the second hearing was held in Arlington, VA on March 13, 2000. The Board also held informational meetings in Washington, DC in October 2000 to hear from industry associations and disability groups on issues regarding automated teller machines, reach ranges, and captioning equipment for movie theaters. The Board required further information on these issues before deciding on how they will be addressed in the final rule. On April 2, 2002, the Board placed in the docket for public review a draft of the final guidelines to promote the harmonization of the Board’s guidelines with the International Code Council (ICC)/American National Standards Institute (ANSI) A117.1 Standard on Accessible and Usable Buildings and Facilities and the International Building Code. The ANSI Committee and the ICC are currently in the process of revising the private sector accessibility provisions. Without taking this step, an important opportunity would have been missed to harmonize the Board’s guidelines with those of the private sector.
ADAAG initially consisted of nine sections. Sections 1 through 4 contain general sections, scoping provisions, and technical specifications applicable to all types of buildings and facilities. The scoping provisions specify which and how many elements and spaces of a building or facility must be accessible (e.g., parking spaces, entrances, toilet rooms). The technical specifications describe how to design the elements and spaces covered by the scoping provisions so that they are accessible to and usable by individuals with disabilities. Sections 5 through 9 contain additional scoping provisions and technical specifications for the following facilities: restaurants and cafeterias (section 5); medical care facilities (section 6); mercantile establishments (section 7); libraries (section 8); and hotels, motels, and transient lodging (section 9). The Department of Justice adopted ADAAG sections 1 through 9 on July 26, 1991 as the standard for accessible design in its regulations for title III of the ADA.
This rulemaking added section 10 to ADAAG which contains additional scoping provisions and technical specifications for transportation facilities.
This rulemaking added two special application sections to ADAAG for certain State and local government facilities covered by title II of the ADA. The two sections are 11 — Judicial, Legislative, and Regulatory Facilities, and 12 — Detention and Correctional Facilities. The rule also covers miscellaneous provisions that apply to State and local government facilities.
The Board published a notice of proposed rulemaking and conducted five public hearings on the proposed rule. Following an analysis of the comments, the Board published an interim final rule asking for additional comments. Provisions regarding accessible residential housing and public rights-of-way were proposed as part of the NPRM and the interim final rule. However, no action was taken on either of these subjects in the final rule. Provisions for accessible residential housing were proposed as part of the Board’s ADAAG Revision and ABA Accessibility Guidelines rulemaking. The Board convened a federal advisory committee to develop recommendations on access to public rights-of-way. The Board published the final rule on January 13, 1998.
In response to a petition for rulemaking, on July 15, 1993, the Board issued a joint final rule with the Department of Transportation amending the reach range requirements for accessible automated teller machines and fare vending machines. The Department of Justice adopted the amended requirements on January 18, 1994.
This rulemaking added provisions to ADAAG for building elements designed for children’s use. The Board published an advance notice of proposed rulemaking in February 1993 seeking comment on general issues, such as the scope of the guidelines and the ages or grades that should be covered. Following an analysis of the comments, the Board published a notice of proposed rulemaking in July 1996. The Board published the final rule on January 13, 1998.
The Board convened a 27-member advisory committee to make recommendations on issues related to making various recreation areas accessible. The committee met from July 1993 – May 1994. Some issues remained where consensus was needed for play areas including the extent to which an accessible surface is provided in an exterior play area and what the specific requirements for accessible play equipment should be.
The Board created a 17-member Play Areas Regulatory Negotiation Committee to achieve consensus requirements for access to play areas. The committee presented its consensus report to the Board in July 1997. At the same meeting, the Board approved an NPRM on access to play areas. The Board published the NPRM in April 1998 and held one public hearing in Denver, CO to receive additional feedback during the comment period. The final rule was published on October 18, 2000. On November 20, 2000 the Board published an amended advisory note to the accessibility guidelines for play areas in the Federal Register. 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 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.
This rulemaking addresses recreation facilities including sports facilities, places of amusement, golf, and boating and fishing facilities. The Board convened a 27-member advisory committee to make recommendations on issues related to making these areas accessible. The committee met from July 1993 – May 1994. After receiving the committee’s report, the Board published it as an advance notice of proposed rulemaking (ANPRM). Over 600 comments were received on the report and questions asked in the ANPRM. The Board also sponsored an information meeting on access to miniature golf facilities in September 1996 to obtain additional information on some issues related to access to miniature golf courses.
The Board published an NPRM for sports facilities, places of amusement, golf, and boating and fishing facilities in July 1999 and held two public hearings to receive feedback during the comment period. The NPRM was based on the recommendations of the advisory committee and public comments received in response to the ANPRM and information meeting. The comment period closed on December 8, 1999. Over 300 comments were received on the proposed rule. The Board also sponsored an information meeting on access to amusement rides in December 1999 to clarify concerns raised by the amusement industry during the public comment period.
In an effort to provide the public with more opportunities for input into the provisions for a final rule, in July 2000, the Board placed in the docket for review and comment, a summary of recommendations made by an ad hoc committee of the Access Board for the final recreation facilities guidelines. The summary reflected the ad hoc committee’s consideration of comments on the proposed rule and information gathered at meetings sponsored by the committee. The Board held two informational meetings in Washington, DC and San Francisco, CA to discuss the summary. On September 3, 2002, the Board issued a final rule.
In response to a petition for rulemaking, in 1994 the Board, DOJ, and DOT suspended temporarily until July 26, 1996, the requirements for detectable warnings at curb ramps, hazardous vehicular areas, and reflecting pools so that a research project on this subject could be considered in determining whether any changes in the requirements are warranted. The research showed that intersections are complex environments and that blind and visually impaired travelers use a combination of cues to detect and cross intersections. Although detectable warnings helped these individuals locate and identify curb ramps and provided a useful cue, the research suggested that detectable warnings may be redundant at most intersections. Other technologies may be as effective and less costly.
In March and April 1995, the Board received petitions from two transit agencies and an organization of blind persons to review the requirements for detectable warnings at transit platform edges. The Board’s ADAAG Review Advisory Committee also considered the requirements for detectable warnings within the context of the committee’s complete review of ADAAG provisions. The committee recommended that the requirements for detectable warnings at curb ramps, hazardous vehicular areas, and reflecting pools that are currently suspended be eliminated. The committee recommended requiring detectable warnings at platform edges in transit stations, and allowing an “equivalent tactile surface,” and “equivalent detectability.” Since any amendment to the detectable warning requirements will be done as part of the scheduled review and update of ADAAG, in July 1996, the Board, DOJ, and DOT published a final rule to extend the temporary suspension until July 26, 1998 to allow the ADAAG revision process to be completed. Because the ADAAG revision rulemaking was not completed by July 1998, the temporary suspension was continued until July 26, 2001.
A separate ADAAG was issued for transportation vehicles which covers the following vehicles and systems: buses and vans, rapid rail vehicles, light rail vehicles, commuter rail cars, intercity rail cars, over-the-road buses, automated guideway transit vehicles, high-speed rail cars, monorails, and trams and similar vehicles. The Department of Transportation adopted ADAAG for transportation vehicles on September 6, 1991 as the standard for accessible design in its ADA regulations.
The ADA requires the Board and the Department of Transportation (DOT) to issue guidelines and regulations for access to over-the-road buses. The Board and DOT co-sponsored an information meeting on over-the-road bus issues and in March 1998, the Board published an NPRM to amend the technical provisions for over-the-road buses to include provisions for wheelchair access and other miscellaneous provisions. The Department of Transportation also published an NPRM on accessible over-the-road bus service. After reviewing the comments received in response to the NPRM, the Board issued final guidelines which include technical provisions for lifts, ramps, wheelchair securement devices, moveable aisle armrests, and revisions to specifications for doors and lighting. The Department of Transportation adopted the Board’s guidelines on September 28, 1998 as the standard for accessible design in its ADA regulations.
The Telecommunications Act of 1996 requires the Board to issue accessibility guidelines, in conjunction with the Federal Communications Commission, for telecommunications equipment and customer premises equipment. The Board is also required to review and update the guidelines periodically. The Board convened a 33-member Telecommunications Access Advisory Committee to assist the Board in fulfilling its mandate to issue these guidelines. The committee presented its recommendations to the Board in January 1997. Based on the committee’s recommendations, the Board published a notice of proposed rulemaking in April 1997. The Board published a final rule on February 3, 1998.
On August 7, 1998 the Workforce Investment Act of 1998, which includes the Rehabilitation Act Amendments of 1998, was signed into law. Section 508 of the Rehabilitation Act Amendments requires that when federal departments or agencies develop, procure, maintain, or use electronic and information technology, they shall ensure that the technology is accessible to people with disabilities, unless an undue burden would be imposed on the department or agency.
Section 508 required the Board to publish standards setting forth a definition of electronic and information technology and the technical and functional performance criteria for such technology. The Board and the General Services Administration are required to provide technical assistance to individuals and federal departments and agencies concerning the requirements of section 508.
In developing its standards, the Board was required to consult with various federal agencies, the electronic and information technology industry, and appropriate public or nonprofit agencies or organizations, including organizations representing individuals with disabilities. The Board is also required to periodically review and, as appropriate, amend the standards to reflect technological advances or changes in electronic and information technology. The Board convened a 27-member Electronic and Information Technology Access Advisory Committee to assist it in developing its standards. The Committee presented its report with recommendations to the Board in May 1999. The Board issued a notice of proposed rulemaking on access to electronic and information technology in March 2000. A final rule was published on December 21, 2000. On April 25, 2001, the Federal Acquisition Regulatory Council incorporated the Board’s standards into revisions to the Federal Acquisition Regulations.
| Access Board Completed Rules | ANPRM | Public Hearing |
Information Meeting |
Advisory Committee |
Regulatory Negotiation | NPRM | SNPRM | Final Rule |
Enforceable Standard |
|---|---|---|---|---|---|---|---|---|---|
| ADA and ABA Accessibility Guidelines | 01/31/00 | 10/24/00 | 10/24/94 | 11/16/99 | 07/23/04 | 05/17/05 | |||
| 03/13/00 | 10/25/00 | 08/28/96 | 11/08/05 | ||||||
| 10/30/06 | |||||||||
| 10/31/08 | |||||||||
| 07/23/10 | |||||||||
| ADAAG (Sections 1-9) | 08/31/90 | 02/11/91 | 01/22/91 | 07/26/91 | 07/26/91 | ||||
| 03/07/91 | 09/06/91 |
||||||||
| ADAAG (Section 10) | 03/20/91 | 09/06/91 | 09/06/91 | ||||||
| 01/18/94 | |||||||||
| State and Local Government Facilities (Sections 11-12) | 02/22/93 | 12/21/92 | (06/20/94) | 07/23/10 | |||||
| 03/15/93 | 01/13/98 | ||||||||
| ATMs | 05/06/92 | 05/28/92 | 09/08/92 | 07/15/93 | 07/15/93 | ||||
| 01/18/94 | |||||||||
| Children’s Elements | 02/03/93 | 07/22/96 | 01/13/98 | 07/23/10 | |||||
| Play Areas | 06/03/98 | 03/05/96 | 04/30/98 | 10/18/00 | 07/23/10 | ||||
| 07/09/97 | 11/20/00 | ||||||||
| Recreation Facilities — Sports, Amusement, Golf, Boating and Fishing Facilities | 09/21/94 | 08/26/99 | 09/16/96 | 07/15/93 | 07/09/99 | 09/03/02 | 07/23/10 | ||
| 11/17/99 | 12/01/99 | 07/13/94 | |||||||
| 08/21/00 | |||||||||
| 09/06/00 | |||||||||
| Detectable Warnings — Temporary Suspension | 07/09/93 | 04/12/94 | 04/12/94 | ||||||
| 04/12/96 | 07/29/96 | 07/29/96 | |||||||
| 06/01/98 | 11/23/98 | 11/23/98 | |||||||
| ADAAG for Vehicles | 03/20/91 | 09/06/91 | 09/06/91 | ||||||
| Over-the-Road Buses | 10/21/93 | 03/25/98 | 09/28/98 | 09/28/98 | |||||
| Telecommunications Equipment | 06/10/96 | 04/18/97 | 02/03/98 | 11/19/99 | |||||
| 01/14/97 | |||||||||
| Electronic and Information Technology | 10/15/98 | 03/31/00 | 12/21/00 | 04/25/01 | |||||
05/12/99 |
| FY 2009 | FY 2010 | FY 2011 | FY 2012 | FY 2013 Estimated |
|---|---|---|---|---|
| 97 | 124 | 147 | 142 | 135 |
| FY 2009 | FY 2010 | FY 2011 | FY 2012 Estimated |
FY 2013 Estimated |
|
|---|---|---|---|---|---|
| * Does not include telephone referrals. | |||||
| ABA Cases Opened | 51 | 52 | 76 | 60 | 60 |
| Referrals* / Other Action | 60 | 37 | 85 | 60 | 60 |
| Total Complaints | 111 | 89 | 161 | 120 | 120 |
| FY 2009 | FY 2010 | FY 2011 | |
|---|---|---|---|
| [2] Data has been
collected since March 1998. [3] An information packet usually contains several publications. We do not collect data on publications disseminated through partner organizations; therefore the actual number of publications disseminated to our customers is greater than our current data indicates. |
|||
| Technical Assistance Calls and Faxes | 13,595 | 12,425 | 12,673 |
| Website User Sessions[2] | 2,905,654 | 3,000,195 | 3,501,250 |
| Information Packets[3] | 1,092 | 1,250 | 1,225 |
| Training Sessions | 86 | 81 | 87 |
| Training Participants | 6,968 | 7,125 | 7,340 |