Amendatory Language

For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows:

PART 1191 – AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY GUIDELINES FOR BUILDINGS AND FACILITIES; ARCHITECTURAL BARRIERS ACT (ABA) ACCESSIBILITY GUIDELINES

1. The authority citation for 36 CFR part 1191 continues to read as follows:

Authority: 29 U.S.C. 792 (b) (3); 42 U.S.C. 12204.

2-3. In §1191.1, redesignate Note 1 to paragraph (a) as Note 3 and add new Notes 1 and 2 to paragraph (a) and redesignate Notes 1 and 2 to paragraph (b) as Notes 2 and 3 and add new Notes 1 and 4 to paragraph (b) to read as follows:

Note 1 to paragraph (a): 1. Advisory sections and figures that illustrate the technical requirements in Appendix D are available on the Internet at: www.access-board.gov. The advisory sections provide guidance only and do not contain mandatory requirements.

Note 2 to paragraph (a): 2. The Department of Justice adopted the 2010 ADA Standards for Accessible Design (2010 Standards) as the regulatory standards for the new construction and alteration of facilities subject to its regulations under the Americans with Disabilities Act (ADA), effective March 15, 2012. 28 CFR 35.151 (c) (3), as amended at 75 FR 56163, September 15, 2010; and 28 CFR 36.406 (a) (3), as amended at 75 FR 56236, September 15, 2010. For state and local governments, the 2010 Standards consist of the regulations at 28 CFR 35.151 and the versions of Appendices B and D to this part published in the 2009 edition of the Code of Federal Regulations. 28 CFR 35.104. For public accommodations and commercial facilities, the 2010 Standards consist of the regulations at 28 CFR part 36, subpart D and the versions of Appendices B and D to this part published in the 2009 edition of the Code of Federal Regulations. 28 CFR 36.104. Because Appendices B and D to this part, as published in the 2009 edition of the Code of Federal Regulations, were adopted by reference by the Department of Justice as part of the 2010 Standards for new construction and alteration of facilities subject to its ADA regulations, subsequent revisions to Appendices B and D by the Access Board are not included in the 2010 Standards and have no legal effect for facilities subject to its ADA regulations until adopted by the Department of Justice. Therefore, the public is cautioned not to use Appendices B and D to this part published in any edition of the Code of Federal Regulations after 2013, until such time as the later edition is adopted by the Department of Justice as a regulatory standard. Complete copies of the 2010 Standards can be obtained from the Department of Justice’s ADA website at: http://www.ada.gov/2010ADAstandards_index.htm, or by contacting the DOJ Information Line, at: 800-514-0301 (Voice) or 800-514-0383 (TTY).

Note 1 to paragraph (b): 1. Advisory sections and figures that illustrate the technical requirements in Appendix D are available on the Internet at: www.access-board.gov. The advisory sections provide guidance only and do not contain mandatory requirements.

Note 4 to paragraph (b): 4. The Department of Defense adopted by reference Appendices B and D to this part as accessibility standards for the new construction and alteration of its facilities subject to the Architectural Barriers Act, effective October 31, 2008. Deputy Secretary of Defense Memorandum dated October 31, 2008, Access for People with Disabilities [available on the Internet at: http://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-aba-standards/background/dod-memorandum].

4. Revise Appendix A to this part to read as follows:

APPENDIX A TO PART 1191 – TABLE OF CONTENTS

[Appendix A revises the Table of Contents for ABA Chapter 2 and Chapter 10 to include the new sections added by the final rule for outdoor developed areas. Appendix A can be viewed at: http://www.ecfr.gov/cgi-bin/ECFR?page=browse by clicking on Title 36, Part 1191.]

5. Revise Appendix B to this part to read as follows:

APPENDIX B TO PART 1191 – AMERICANS WITH DISABILITIES ACT: SCOPING

[Appendix B contains ADA Chapters 1 and 2 without advisory sections and figures. The final rule for outdoor developed areas does not otherwise change ADA Chapters 1 and 2. Appendix B can be viewed at: http://www.ecfr.gov/cgi-bin/ECFR?page=browse by clicking on Title 36, Part 1191.]

6. Revise Appendix C to this part to read as follows:

APPENDIX C TO PART 1191 – ARCHITECTURAL BARRIERS ACT: SCOPING

[Appendix C contains ABA Chapters 1 and 2, as amended by the final rule for outdoor developed areas, without advisory sections and figures. Appendix C can be viewed at: http://www.ecfr.gov/cgi-bin/ECFR?page=browse by clicking on Title 36, Part 1191.]

7. Revise Appendix D to this part to read as follows:

APPENDIX D TO PART 1191 – TECHNICAL

[Appendix D contains Chapters 3 through 10, as amended by the final rule for outdoor developed areas, without advisory sections and figures (except for mandatory figures). Appendix D can be viewed at: http://www.ecfr.gov/cgi-bin/ECFR?page=browse by clicking on Title 36, Part 1191.]

APPENDIX E TO PART 1191 [Removed and Reserved]

8. Remove and reserve Appendix E to this part.