| Initiative | Advance Notice of Proposed Rulemaking (ANPRM) |
| Comment Number | OL-100652 |
| Status | Catalogued |
| Classification | Undetermined |
| Submitted Type | CW Web Form |
| Commenter Type | Undetermined Organization |
| Organization | ADA Build it Right, Inc. |
| Received | 05/31/2005 09:07:37 PM |
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| Category | Web Form - Undetermined |
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| Commenter |
| First Name | Last Name | State/Province |
| Wayne | Yarnall | OR |
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| Comment Period Start | 9/30/2004 |
| Comment Period End | 5/31/2005 |
| Phase | Advance Notice of Proposed Rulemaking (ANPRM) |
| Comment Instructions | NEW ALTERNATIVE PROCESS AVAILABLE: As described in its Announcement of Alternative ADA ANPRM Comment Process, as of May 16, 2005, the Department permits commenters who wish to restrict access to their identity to send their comments to a special new mailing or electronic address. At this address, commenters’ business and personal names and addresses will be removed before their comments enter the comment processing system. Comments must initially include the sender’s name and address and must follow all of the instructions set forth in the announcement.
The Department of Justice (Department) is issuing this ANPRM in order to begin the process of adopting revised ADA standards consistent with Parts I and III of the revised guidelines implementing the Americans with Disabilities Act of 1990 (ADA) and the Architectural Barriers Act of 1968 (ABA), published by the Architectural and Transportation Barriers Compliance Board (Access Board) on July 23, 2004, at 69 FR 44083. You may submit electronic comments though this form or through www.regulations.gov. The Department strongly encourages you to read the ANPRM before submitting your comments. Unless you use the new alternative process, you may address all written comments concerning this ANPRM to P.O. Box 1032, Merrifield, VA. 22116-1032; please note that courier and overnight deliveries will not be accepted at this address. Unless you use the new alternative process, comments submitted in written or electronic form are available to the public in their entirety, including personal information.
Using this form: The fields for your full name and address, marked with asterisks, are required fields. You cannot proceed with your comment unless you fill in these fields. You may select one or more of the 54 questions posed by the Department in the ANPRM and type your answer to the question in the space provided. There are two ways to select a question: you may either enter the number of the question that you want in the box provided and click on the "Retrieve Question" button, or you may scroll through the questions listed by topic, click the question you want to select, and then click on the "Retrieve Question" button. In addition, you may choose to type a comment in the "General Comments" box provided below (4,000 characters available). You may also submit a comment as an attachment at the end of this form.
Inspection of Comments: All comments will be available throughout the comment period to the public online at WWW.ADAANPRM.ORG and, by appointment, during normal business hours, at the office of the Disability Rights Section, Civil Rights Division, U.S. Department of Justice, located at 1425 New York Avenue, Suite 4039, Washington, D.C. 20005. To arrange an appointment to review the comments, please contact the ADA Information Line at (800) 514-0301 (voice) and (800) 514-0383 (TTY). |
| Initiative Type | Federal Rulemaking |
| Agency | U. S. Department of Justice |
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| Initiative | Advance Notice of Proposed Rulemaking (ANPRM) |
| Subject | Advance Notice of Proposed Rulemaking (ANPRM) |
| Docket ID | CRT Docket No. 2004-DRS01 |
| Short Title | Nondiscrimination on the Basis of Disability in State and Local Government Services; Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities |
| Rule | Nondiscrimination on the Basis of Disability in State and Local Government Services; Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities |
| Rule Citation | 28 CFR Parts 35 and 36 |
| Published Info | September 30, 2004
View Announcement of Alternative ADA ANPRM Comment Process (HTML)
View ANPRM (HTML) View ANPRM (PDF)
View Notice to Extend Comment Period (HTML) View Notice to Extend Comment Period (PDF)
(Download Adobe Reader) |
| Description | Description??? |
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| File Name | OL-100652.htm |
| File Extension | .txt |
| File Size | 3437 |
| Comments | Answers to Specific Questions
9-Question 9 Barrier Removal – General affects of revised ADA Standards Reference Van Accessible parking Figure 502.2 of the new ADAAG Section 502. Since backing into a van accessible parking space is quite difficult for some people I think it is very bad form to show a figure illustrating the more difficult to use configuration. It is true that the model codes and new ADA/ABA AG do permit back-in van accessible parking configurations. The following Advisory in the new document makes a case for this also. "Advisory 502.3.4 Location. Wheelchair lifts typically are installed on the passenger side of vans. Many drivers, especially those who operate vans, find it more difficult to back into parking spaces than to back out into comparatively unrestricted vehicular lanes. For this reason, where a van and car share an access aisle, consider locating the van space so that the access aisle is on the passenger side of the van space." Figure 502.2 from new ADA/ABA Access Guide Page 186. – See PDF document I prefer the corresponding figure 502.2 from ICC/ANSI A117.1-2003 which has the van in a pull-in configuration. Please consider using the ANSI version in the new document. Or consider swapping the new AG figures 502.2 and 502.3 around so the pull-in version is first in Section 502. Figure 502.2 from ICC/ANSI A117.1-2003 Page 39 - copyright ICC. – See PDF document Another issue is the change of first choice specification for van accessible parking to have a 132” wide parking space with a 60” access isle from the old (and still permitted) standard of 96” wide parking space with a 96” access isle. I think this is a major mistake leading to even lower compliance and understanding by the layman, drivers, and business owners. They won’t even notice the distinction of the wider parking spot and the access aisles will look the same. The old standard had the clearly obvious difference in access aisle widths which are quite noticeable to the layman. As a van driver in the drivers seat it will difficult to notice the 36” difference in parking spot width to know if it can provide the 96” required clear space for the wheel chair to exit the side lift platform. The narrower access aisle may prevent a van backing into the right hand spot if a car (probably not a van) parks in the left hand spot closer than 36” to the center access aisle. Consensus prepared specifications by experts are wonderful, but there is a dire need for “usability research” to verify the experts opinions. Do the experts only think of wheel chair users when working with parking specifications? Do they consider other users of disabled parking spots who walk? Advisory 208.2.2 applies in any parking location not only to rehabilitation facilities. Advisory 208.2.2 Rehabilitation Facilities and Outpatient Physical Therapy Facilities. Conditions that affect mobility include conditions requiring the use or assistance of a brace, cane, crutch, prosthetic device, wheelchair, or powered mobility aid; arthritic, neurological, or orthopedic conditions that severely limit one's ability to walk; respiratory diseases and other conditions which may require the use of portable oxygen; and cardiac conditions that impose significant functional limitations. Thanks for reading this. Wayne Yarnall, President and Director, ADA Build it Right, Inc.
General Comments
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| Version Date | 6/7/2005 |
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| File MIME Type | text/html |
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