Sunday, October 21, 2007

DOJ ADA Accessiblity Guidelines

Published in the Federal Register November 23, 1998.
DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 36
A.G. ORDER NO. 2191-98
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Part 1191
RIN 3014 - AA24
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 37
Americans with Disabilities Act Accessibility Guidelines; Detectable Warnings

AGENCIES: Architectural and Transportation Barriers Compliance Board, Department of Justice, and Department of Transportation.

ACTION: Joint final rule.

SUMMARY: The Architectural and Transportation Barriers Compliance Board (Access Board), the Department of Justice, and the Department of Transportation are continuing the suspension of the requirements for detectable warnings at curb ramps, hazardous vehicular areas, and reflecting pool edges in the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the Standards for Accessible Design. The Access Board plans to issue a separate notice of proposed rulemaking to revise and update ADAAG and will address detectable warnings in that rulemaking. The Department of Justice and the Department of Transportation will issue separate notices of proposed rulemaking to revise and update the Standards for Accessible Design, which must be consistent with ADAAG. The agencies are continuing the suspension of the detectable warning requirements to July 26, 2001, when it is expected that the rulemakings to revise and update ADAAG and the Standards for Accessible Design will be completed.

EFFECTIVE DATE: December 23, 1998

FOR FURTHER INFORMATION CONTACT:
Access Board: James J. Raggio, General Counsel, Architectural and Transportation Barriers Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-1111. Telephone (202) 272-5434 extension 16 or (800) 872- 2253 extension 16 (voice), and (202) 272-5449 (TTY) or (800) 993-2822 (TTY).

Department of Justice: John L. Wodatch, The ADA Information Line, Disability Rights Section, Civil Rights Division, U.S. Department of Justice, Washington DC 20530. Telephone (800) 514-0301 (voice) or (800) 514-0383 (TTY).

Department of Transportation: Robert C. Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, Department of Transportation, 400 7th Street, SW., room 10424, Washington, DC 20590. Telephone (202) 366-9306 (voice) or (202) 755-7687 (TTY).

SUPPLEMENTARY INFORMATION:
Availability of Copies and Electronic Access
Copies of this final rule are available in the following formats: standard print, large print, Braille, audio cassette tape, and computer disk. Single copies may be obtained at no cost by calling the Access Board's automated publications order line (202) 272-5434 or (800) 872-2253, pressing 1 on the telephone keypad, then 1 again, and requesting publication S40 (Detectable Warnings Final Rule). Persons using a TTY should call (202) 272-5449 or (800) 993-2822. Please provide your name, address, and telephone number when ordering publications. Persons who want a copy in large print, Braille, audio cassette tape, or computer disk should specify the type of format they want.

The final rule is available on the Access Board's web site (http://www.access- board.gov/rules/dw.htm), the Department of Justice's web site (http://www.usdoj.gov/crt/ada/adahom1.htm), and the Department of Transportation's web site (http://dms.dot.gov). The final rule is also available on electronic bulletin board at (202) 514-6193 (Department of Justice). This telephone number is not toll- free.

Background
On June 1, 1998, the Access Board, the Department of Justice, and the Department of Transportation published a joint notice of proposed rulemaking (NPRM) to continue the suspension of the requirements for detectable warnings at certain locations within sites in ADAAG and the Standards for Accessible Design from July 26, 1998 to July 26, 2000. (1) 63 FR 29924. The suspension applies to detectable warning requirements at curb ramps (4.7.7), hazardous vehicular areas (4.29.5), and reflecting pool edges (4.29.6). The suspension does not affect detectable warning requirements at platform edges in transportation facilities (10.3.1(8)).

As explained in the NPRM, the detectable warning requirements were suspended initially in 1994, pending review of a research project on the need for detectable warnings at vehicular-pedestrian intersections in the public right-of-way. 59 FR 17442 (April 12, 1994). The research project showed that vehicular-pedestrian intersections are very complex environments and that pedestrians who are blind or visually impaired use a combination of cues to detect intersections. The research project found that detectable warnings helped some pedestrians who are blind or visually impaired locate and identify curb ramps. However, the detectable warnings had only a modest impact on overall performance because, in their absence, pedestrians who are blind or visually impaired used other cues that might be available to detect the intersection. The research project indicated that there may be a need for additional cues at some types of intersections. The research project did not identify the specific conditions where such cues should be provided. The research project suggested that other technologies, which may be less costly and equally or more effective than detectable warnings, be explored for providing information about intersections.

The Access Board subsequently established an advisory committee to conduct a comprehensive review of ADAAG and make recommendations for revising and updating the guidelines. The suspension of the detectable warning requirements was continued in 1996, pending review of the advisory committee's recommendations. 61 FR 39323 (July 29, 1996). The advisory committee recommended that the detectable warning requirements at platform edges in transportation facilities be retained and that equivalent tactile surfaces or other means be permitted to provide equivalent detectability of platform edges. The advisory committee did not make any recommendations regarding detectable warnings at other locations within a site. The advisory committee suggested that the appropriateness of providing detectable warnings at vehicular-pedestrian intersections in the public right-of-way should be established first, and the application to other locations within a site should be considered afterwards.

The Access Board is preparing an NPRM to revise and update ADAAG based on the advisory committee's recommendations, as well as research and other available information, and will address provisions for detectable warnings within sites in that NPRM. The Department of Justice and the Department of Transportation will issue separate NPRMs to revise and update the Standards for Accessible Design, which must be consistent with ADAAG. In the NPRM announcing the continuation of the suspension of the detectable warning requirements, the agencies noted that the rulemakings to revise and update ADAAG and the Standards for Accessible Design were expected to be completed by July 26, 2000, and the agencies proposed to continue the suspension through that date. The Access Board is also preparing an NPRM to revise and update the guidelines for the Architectural Barriers Act, which requires certain federally financed facilities to be accessible. The Access Board has recently decided to combine the rulemakings to update and revise ADAAG and the guidelines for the Architectural Barriers Act and to include provisions for housing in the rulemakings. This action is expected to extend the rulemakings for six to twelve months.

Three comments were received in response to the NPRM. One commenter expressed concern about the amount of time it is taking to revise and update ADAAG and the Standards for Accessible Design, and the resulting delay in addressing detectable warnings. The rulemaking process can be lengthy, especially when revising and updating major rules like ADAAG and the Standards for Accessible Design. There are many important issues that will be addressed in these rulemakings. It would not be efficient to address each issue through separate rulemakings. Another commenter identified himself as an individual who is blind and recommended that detectable warnings should be required at the locations covered by the suspension. When detectable warning provisions were initially proposed in ADAAG, a large number of individuals who are blind commented on the proposal. There was no consensus among the group regarding detectable warnings. The agencies expect to receive many comments on detectable warnings when the NPRMs to revise and update ADAAG and the Standards for Accessible Design are issued and will consider all the comments before issuing final rules.

The other commenter recommended that the Access Board issue guidelines addressing public sidewalks and street crossings. The Access Board issued proposed and interim guidelines addressing public rights-of-way in 1992 and 1994. 57 FR 60612 (December 21, 1992); 59 FR 31676 (June 20, 1994). The Access Board received a large number of comments on the guidelines from public works agencies, transportation departments, and traffic consultants. The comments showed a disparate understanding of pedestrian accessibility criteria generally and the application of the guidelines in particular. Based on the comments, the Access Board decided to reserve the guidelines in favor of working with other governmental and private sector organizations in the transportation industry to promote the incorporation of pedestrian accessibility criteria into industry guidelines, standards, and recommended practices. 63 FR 2000 (January 13, 1998). The Access Board periodically reviews its rulemaking agenda and will evaluate the impact of its efforts in this area and whether further rulemaking is warranted.

As explained earlier, the Access Board, the Department of Justice, and the Department of Transportation will address the provisions for detectable warnings within sites in the rulemakings to update and revise ADAAG and the Standards for Accessible Design. Continuing the suspension of the requirements for detectable warnings at certain locations within sites to July 26, 2001 will maintain the status-quo until the planned rulemakings are completed.

Regulatory Process Matters
The Access Board, the Department of Justice, and the Department of Transportation have independently determined that this final rule is not a significant regulatory action under Executive Order 12866. It is not a significant rule under the Department of Transportation's regulatory policies and procedures. The Department of Transportation expects the economic impacts to be minimal and has not prepared a full regulatory evaluation.

The Access Board, the Department of Justice, and the Department of Transportation also independently certify under section 605(b) of the Regulatory Flexibility Act that this final rule is not expected to have a significant economic impact on a substantial number of small entities because it continues the suspension of an existing regulatory requirement and does not impose any new requirement.

The Unfunded Mandates Reform Act does not apply to proposed or final rules that enforce constitutional rights of individuals or establish or enforce any statutory rights that prohibit discrimination on the basis of race, color, religion, sex, national origin, age, handicap, or disability. Since the final rule is issued under the authority of the Americans with Disabilities Act, an assessment of the rule's effects on State, local, and tribal governments, and the private sector is not required by the Unfunded Mandates Reform Act.

Text of Final Common Rule
The text of the common rule is revised to read as follows:

§_____._____ Temporary suspension of certain detectable warning requirements.

The detectable warning requirements contained in sections 4.7.7, 4.29.5, and 4.29.6 of appendix A to this part are suspended temporarily until July 26, 2001.

Adoption of Final Common Rule
The agency specific proposals to adopt the final common rule, which appears at the end of the common preamble, are set forth below.

DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 36
List of Subjects in 28 CFR Part 36
Administrative practice and procedure, Alcoholism, Buildings and facilities, Business and industry, Civil rights, Consumer protection, Drug abuse, Historic preservation, HIV/AIDS, Individuals with disabilities, Penalties, Reporting and recordkeeping requirements, Transportation.

Authority and Issuance
By the authority vested in me as Attorney General by 28 U.S.C. 509, 510; 5 U.S.C. 301; and 42 U.S.C. 12186, and for the reasons set forth in the common preamble, part 36 of chapter I of title 28 of the Code of Federal Regulations is amended as follows:

PART 36 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES

1. The authority citation for 28 CFR part 36 continues to read as follows:

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12186(b).

2. Section 36.407 is revised to read as set forth at the end of the common preamble.

Janet Reno,

Attorney General.

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Part 1191
List of Subjects In 36 CFR Part 1191
Buildings and facilities, Civil rights, Individuals with disabilities, Transportation.

Authority and Issuance
For the reasons set forth in the common preamble, 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.

2. Section 1191.2 is revised to read as set forth at the end of the common preamble.

Authorized by vote of the Access Board on July 15, 1998.

Thurman M. Davis,

Chair, Architectural and Transportation Barriers Compliance Board.

DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 37
List of Subjects in 49 CFR Part 37
Buildings and facilities, Buses, Civil rights, Individuals with disabilities, Mass transportation, Railroads, Reporting and recordkeeping requirements, Transportation.

Authority and Issuance
For the reasons set forth in the common preamble, part 37 of title 49 of the Code of Federal Regulations is amended as follows:

PART 37 - TRANSPORTATION SERVICES FOR INDIVIDUALS WITH DISABILITIES (ADA)

1. The authority citation for 49 CFR part 37 is revised to read as follows:

Authority: 42 U.S.C. 12101 - 12213; 49 U.S.C. 322.

2. Section 37.15 is revised to read as set forth at the end of the common preamble.

Rodney E. Slater,

Secretary of Transportation.



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(1) The Access Board is responsible for issuing guidelines to assist the Department of Justice and the Department of Transportation in establishing accessibility standards for newly constructed and altered facilities under the Americans with Disabilities Act. In 1991, the Access Board issued the Americans with Disabilities Act Accessibility Guidelines, which is commonly referred to as ADAAG. 36 CFR part 1191, appendix A. The Department of Justice and the Department of Transportation have adopted sections 1 through 10 of ADAAG as the Standards for Accessible Design for the Americans with Disabilities Act. 28 CFR part 36, appendix A; 49 CFR part 37, appendix A. (back)

Dept. of Transportation Memo on ADAAG Detectable Warnings

U.S. Department of Transportation
Federal Highway Administration


Memorandum

Subject: INFORMATION: ADAAG Detectable Warnings
(Truncated Domes) Date: May 6, 2002
From: (Original signed by)
Dwight A. Horne
Director, Office of Program Administration In reply, refer to: HIPA-20
To: Resource Center Managers
Division Administrators
Federal Lands Highway Division Engineers


Recently a number of questions have been raised by people from various agencies concerning the use of detectable warnings, specifically truncated domes, when constructing or altering curb ramps. Truncated domes are the standard design requirement for detectable warnings for determining the boundary between the sidewalk and street by people with visual disabilities.

The Department of Justice (DOJ) is the lead agency that oversees the Americans with Disabilities Act (ADA)(1990). The U.S. Access Board develops the minimum design standards for complying with the ADA. The Department of Transportation is a designated agency responsible for enforcing the standards and implementing regulations of the ADA's Title II (State and Local Government Services). The Federal Highway Administration (FHWA) is the enforcement authority for overseeing pedestrian discrimination issues under the Title II implementing regulations.

Detectable warnings were required in 1991 by the Americans with Disabilities Act Accessible Guideline (ADAAG) (regulatory standards) for hazardous vehicular ways, transit platform edges, and curb ramps. A suspension was placed on requiring detectable warnings at curb ramps and hazardous vehicular ways, but not for transit platform edges. The reason for the suspension was to conduct research on the performance of their detectability. The DOJ continued the suspension through July 26, 2001, which allowed 10 years for conducting research. The research determined that other designs used in place of truncated domes such as grooves, striations, and exposed aggregate, were not detectable in the sidewalk and roadway environment because of the similarities to other surface textures and defects. Truncated domes have a unique design that can be detected underfoot and with a cane, and other surfaces are not considered ADA equivalent and therefore do not comply with the ADA requirements.

The DOJ had the option of allowing the suspension to expire on July 26, 2001 or publish a Federal Register Notice to continue the suspension. They decided to let the suspension expire. Consequently, since July 26, 2001 detectable warnings are again required. FHWA is obligated to enforce the requirements, and State and local governments are required to apply the minimum design standards when constructing and altering pedestrian facilities, though we encourage higher than minimum standards where possible.

The original ADA design standard for truncated domes is found in ADAAG (4.29.2). After the research was conducted, a new design recommendation was made for the dimension and placement of the domes on curb ramps. Both FHWA and the U.S. Access Board are encouraging the use of the new design over the original. Information on the recommended design and other useful information are included in the attachment.


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Attachment

Information on Detectable Warnings (truncated domes)
Detectable warnings are an Americans with Disabilities Act (ADA) requirement in the current Americans with Disabilities Act Accessibility Guidelines (ADAAG) for the use of detecting the boundary between the sidewalk and the street. The original requirement in ADAAG was suspended for a time to conduct further research. Research was conducted, and the suspension of the requirement was lifted on July 26, 2001, and are now required when constructing and altering curb ramps. Truncated domes are the only detectable warnings allowed by ADAAG. Grooves, exposed aggregate, and other designs intended for use as detectable warning are too similar to pavement textures, cracks and joints and are not considered equivalent facilitation. Truncated domes are a unique design and have proven to be the most detectable surface.

Where to find information on detectable warnings:

Where to find the regulation on the suspension and requirement:

The US Department of Justice website, www.usdoj.gov/crt/ada/detwarn.htm, or visit the US Access Board's website, www.access-board.gov, click on "publications," go to "facilities," go to "Detectable Warnings: Final Rule"

Where to find the design and application requirement in ADAAG:

Visit the US Access Board's website, www.access-board.gov, click on "publications," go to "facilities," go to "ADA Accessibility Guidelines (ADAAG)" -the provision is in 4.7.7 under Curb Ramps

Where to find technical information and a list of manufactures:

Visit the US Access Board's website, www.access-board.gov, click on "publications," go to "Public Rights-of-Way," go to Detectable Warnings: Synthesis of US and International Practice

Where to find the recommended design for curb ramps:

Visit the US Access Board's website, www.access-board.gov, click on "publications," go to "Public Rights-of-Way," go to Building A True Community: Accessible Public Rights-of-Ways, sections X02.5.6.2 through X02.5.7.3. After a number of years of research there is a new recommended design for detectable warning/truncated dome. Both the US Access Board and FHWA recommend the new design pattern and application over the original ADAAG design. FHWA's Designing Sidewalks and Trails for Access, Part II, Best Practices Design Guide has comparable information to the Building A True Community report. At the time the FHWA Designing Sidewalks and Trails for Access, went to print, the suspension had not been lifted, so the text in Chapter 6 does not mention that detectable warnings are required.

ADAAG Requirements

The ADAAG Requirements provide the standard for detectable warnings.

ADAAG Requirement for Detectable Warnings *as published

March 2003
Detectable warnings, a distinctive surface pattern of domes detectable by cane or underfoot, are used to alert people with vision impairments of their approach to streets and hazardous drop-offs. The ADA Accessibility Guidelines (ADAAG) require these warnings on the surface of curb ramps, which remove a tactile cue otherwise provided by curb faces, and at other areas where pedestrian ways blend with vehicular ways. They are also required along the edges of boarding platforms in transit facilities and the perimeter of reflecting pools.

Suspension of Requirements (1994 - 2001)
The Board temporarily suspended the requirements for detectable warnings in 1994 due to concerns raised about the specifications, the availability of complying products, maintenance issues such as snow and ice removal, usefulness, and safety. This suspension applied to all requirements for detectable warnings except those at boarding platforms in transit stations. The departments of Justice (DOJ) and Transportation (DOT), which maintain enforceable standards based on ADAAG, joined the Board in this action. As a result, the requirements for detectable warnings were temporarily removed from the ADA standards. The suspension expired on July 26, 2001. Consequently, the requirements for detectable warnings at curb ramps and other areas are again part of ADAAG and the enforceable standards. Questions regarding the enforceability of these requirements should be directed to DOJ or DOT.

Update of the ADA Accessibility Guidelines
During the suspension, the Board sponsored further research on detectable warnings. The Board also conducted a comprehensive review of ADAAG in an effort to update its requirements. In addition, it resumed work on developing a supplement to ADAAG specific to public rights-of-ways. Because issues concerning the use of detectable warnings are most relevant to public streets and sidewalks, the Board determined that provisions for detectable warnings on curb ramps should be addressed in rulemaking on public rights-of-ways rather than facilities on sites. As a result, the Board did not include requirements for detectable warnings at curb ramps (or hazardous vehicular areas and reflecting pools) in its proposal to update ADAAG.

Rulemaking on Public Rights-of-Ways
Currently, the Board is in the process of developing guidelines on public rights-of-ways that, once finalized, will supplement the new ADAAG. While ADAAG covers various features common to public streets and sidewalks, such as curb ramps and crosswalks, further guidance is necessary to address conditions unique to public rights-of-way. Constraints posed by space limitations at sidewalks, roadway design practices, slope, and terrain raise valid questions on how and to what extent access can be achieved. Guidance on providing access for blind pedestrians at street crossings is also considered essential.

In June 2002, the Board released guidelines on public rights-of-way in draft form and made them available for public comment. Through this release, the Board sought information and feedback, including usability and cost data, for its use in developing a proposed rule, which will provide an additional opportunity for comment in the future. The Board released a revised draft in November 2005 based on the comments received. The guidelines are based on recommendations the Board received from an advisory body it had chartered, the Public Rights-of-Way Access Advisory Committee. This committee included representation from disability organizations, public works departments, transportation and traffic engineering groups, design professionals and civil engineers, government agencies, and standards-setting bodies. The committee’s recommendations, which are contained in a report, "Building a True Community," include new specifications for detectable warnings.

The draft guidelines, consistent with the advisory committee’s recommendations, would revise the technical criteria. The revised specifications are responsive to concerns that had been raised about the impact of the truncated dome surface on wheelchair maneuvering. The Board believes that the draft revised specifications, which permit wider dome spacing, an in-line grid pattern, and smaller surface coverage at curb ramps (24 inches instead of the full ramp length, set back from the curbline) will improve usability of surfaces without affecting detectability.

Additional rulemaking steps, including another public comment period, must be completed before the Board can finalize the rights-of-way guidelines. At this time, the original detectable warning specifications in the current ADAAG remain in effect. However, ADAAG does include an “equivalent facilitation” clause (section 2.2) which permits departures from the guidelines that provide equal or greater access. The Board believes that the specifications for detectable warnings in the draft rights-of-way guidelines provide a level of access substantially equal to or greater than that currently specified by ADAAG. However, the Board does not have the statutory authority to officially make such a determination. This authority resides with the DOT and DOJ, the agencies which enforce the design requirements of the ADA. DOT, which also enforces certain ADA provisions concerning access for pedestrians, has issued guidance consistent with the Board's position.

Related Board Materials
Suspension Notice - Extension (1998)
ADAAG [see sections 4.1.3(15) 4.7.7, 4.29, 10.3.1(8)]
Draft Guidelines for Public Rights-of-Ways (2005) [see sections R207 and R304]
Advisory Committee Report: "Building a True Community" (2001)
Status of Rulemaking on Public Rights-of-Ways
Detectable Warnings: Synthesis of U.S. and International Practice (2000)
List of Manufacturers
Guidance Material on Accessible Public Rights-of-Way
Other Resources

Department of Transportation www.fta.dot.gov (888) 446-4511 (voice/relay)
See DOT memorandum on compliance with detectable warning requirements (May 2002)
See DOT's ADA regulations (49 CFR Part 37.9) for determinations on equivalent facilitation
Department of Justice www.ada.gov (800) 514-0301 (voice) (800) 514-0383 (TTY)
Accessible Design for the Blind www.accessforblind.org (978) 838-2307

Sunday, October 7, 2007

Detectile Launches New Blog

Detectile Corporation is excited to announce that it is launching a new blog for everything realted to ADA compliant detectable warnings. Detectile is aiming to create the web's most comprehensive information portal for ADA compliant dectable warning products. Bookmark our page today and spread the word about the internet's new guide to ADA detectabl warning tiles, including, news, ADA and ADAAG guidelines, issues, information, and research. If you are searching for information regarding detectable warnings you have found the right place