| 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 |
| Document Date | |
| Remarks | |
| Pages | |
| 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 60â€
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 36â€
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 |
| Remarks | |
| File MIME Type | text/html |
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