| Initiative | Advance Notice of Proposed Rulemaking (ANPRM) |
| Comment Number | OL-100760 |
| Status | Catalogued |
| Classification | Undetermined |
| Submitted Type | CW Web Form |
| Commenter Type | Private Citizen |
| Organization | |
| Received | 06/20/2005 08:02:11 PM |
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| Category | Web Form - Undetermined |
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| Commenter |
| First Name | Last Name | State/Province |
| Sara | Boesser | AK |
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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-100760.htm |
| File Extension | .txt |
| File Size | 3155 |
| Comments | Answers to Specific Questions
General Comments Into Proposed Section 15.2, Boating Facilities, I strongly recommend a reminder be placed to remind Title II entities that they must go beyond the 80’ maximum gangway and provide “Program Access” when an 80’ gangway does not provide 1:12 slopes. For the City and Borough of Juneau, Alaska, in particular, I need a letter from DOJ clearly reminding Juneau that Title II entities must go beyond the 80' gangway minimum for disabled access to our city-owned harbors. Program access is not hard to provide here -- it's already been done at the “Wayside Park” fishing facility: via a drive-down gangway with accessible parking provided on the fishing float at the base of the drive-down gangway. The only adjustment for a small boat harbor would be to attach such a down/parking float to a harbor's boat floats. Juneau therefore already has that site’s Program Access for salt water shore-side fishers; and Juneau is in the process of installing a drive-down gangway with parking and working space at its base float for commercial fishers. What's missing is drive-down access with accessible parking on the base float for all other City Harbors services and activities: recreational boaters and boat fishers, commercial and recreational boat tie-ups, commercial small boating tours, and live- aboards. Our Harbors Department has recently purchased and soon will be remodeling an existing harbor, and now is the time to include a drive-down float with parking at its base in the design of that to-be-remodeled harbor. But without a very clear statement from DOJ that such Program Access is required, I know it will not be done because "program access" is not something most people are aware or, and/or are not responsive to without clear direction. So, can you help us out here? Can you provide a letter saying that equal access must go beyond the 80' gangway configuration here in Juneau for Title II, in our 25' tidal range area, in order to accomplish unassisted equal access (program access) for everyone in harbors? Otherwise, entire days will continue to go by with no 1:12 gangway slopes; and even for the very short periods of time in a day when an extra long gangway might achieve 1:12, there are no resting landings for that 80', so true ADA-equivalent access is not possible even momentarily. The drive-down gangway with accessible parking below is the tried and true method of getting program access here in Juneau, every day, at every tidal elevation. To offer staffing assistance as an option would not do in Juneau, in my opinion, because in Juneau the standard of equal access has already been set with the Wayside Park (and upcoming commercial facility) drive-down with parking option. To do less for a harbor would not be viewed as equal access, here, in my view. So -- can you help us out? A letter would be great (a letter attachment to an email would be fine). My hope is it would inspire our Harbors to get the design of the to-be-remodeled harbor to include the accessible parking float now, early on. Thank you very much, Sara Boesser 907-586-0769 (w) |
| Version Date | 6/24/2005 |
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| File MIME Type | text/html |
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