Review: Notice of Proposed Rulemaking Nondiscrimination on the Basis of Disability (Department of Justice Revision of the Americans with Disabilities Act Regulations for State and Local Governments and for Public Accommodations and Commercial Facilities

UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240
http://www.blm.gov

July 16, 2008

In Reply Refer To:
8330/9102 (250) P
EMS TRANSMISSION 07/16/2008
Instruction Memorandum 2008-150
Expires: 09/30/09

To: All Field Office Officials
Attn: State Recreation, National Landscape Conservation System, and Engineering Leads

From: Assistant Director, Renewable Resources and Planning

Subject: Review: Notice of Proposed Rulemaking – Nondiscrimination on the Basis of
Disability (Department of Justice Revision of the Americans with Disabilities Act
Regulations for State and Local Governments and for Public
Accommodations and Commercial Facilities – 28 CFR Parts 35 and 36)
DD: 07/30/2008

Program Areas: Recreation and Visitor Services, National Landscape Conservation System,
and Engineering and Asset Management

Purpose: This Instruction Memorandum (IM) serves as a request for comments on the Proposed Revision of the Americans with Disabilities Act (ADA) Regulations released by the Department of Justice (DOJ) on June 17, 2008.

Policy/Action: The Department of the Interior (DOI) has asked each Bureau to review and comment on these proposed regulations in order to develop a coordinated response to DOJ. BLM state and field staff are asked to review and comment on the NPRM which is posted at: http://www.ada.gov/NPRM2008/ADAnprm08.htm. Of particular attention are the section-by-section analyses and the rules pertaining to the definitions and uses by people with disabilities of wheelchairs, other power driven mobility devices, service animals, and accessible recreation facilities (boat docks/fishing piers). The DOJ is also seeking comment on the various related questions they have posed throughout the NPRM.

Timeframe: Please forward comments to Kay Ellis, BLM National Accessibility Coordinator, Recreation and Visitor Services Program (WO-250) at kay_ellis@blm.gov by July 30, 2008, for consolidation into the BLM response to DOI. Any questions regarding this guidance should also be directed to Kay Ellis at 202- 452-7799.
Budget Impact: None.

Background: The DOJ has released for public comment proposed rules to adopt accessibility guidelines developed by the U.S. Access Board in 2004. The General Services Administration finalized adoption of the Federal sections of the guidelines for the Department of the Interior in 2006. At the same time, the DOJ has proposed to also update regulatory guidance on several issues that have come up over the years, specifically the use of service animals and the use of power driven mobility devices, such as the Segway personal transporter, in areas without defined pedestrian routes by people with disabilities. Although the ADA does not apply directly to the Federal government, new definitions and/or new rules that are approved as a result of this NPRM can be expected to have an impact on operations at Federal facilities and recreation areas.

Manual/Handbook Sections Affected: None.

Coordination: This IM was coordinated with the Washington Office Engineering and Asset Management Group and the National Landscape Conservation System.

Contact: For additional information or assistance, contact the BLM National Accessibility Coordinator (WO-250), Kay Ellis at 202-452-7799.

Signed by: Authenticated by:
Edwin L. Roberson Robert M. Williams
Assistant Director Division of IRM Governance,WO-560
Renewable Resources and Planning