[Federal Register: February 17, 2005 (Volume 70, Number 32)]
[Notices]
[Page 8066-8069]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17fe05-20]
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DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AB92
Forest Service Trail Accessibility Guidelines and Integration of
Direction on Accessibility Into Forest Service Manual 2350
AGENCY: Forest Service, USDA.
ACTION: Notice of proposed interim directive; request for comment.
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SUMMARY: The Forest Service is proposing to issue an interim directive
to guide its employees regarding compliance with the Forest Service
Trail Accessibility Guidelines (FSTAG). The interim directive would
ensure that new or altered trails managed for pedestrian use on
National Forest System lands are developed to maximize accessibility
for all people, including people with disabilities, while recognizing
and protecting the unique characteristics of the natural setting of
each trail. The interim directive, to be issued to Forest Service
Manual 2350, Trail, River, and Similar Recreation Opportunities, would
direct that these trails comply with the FSTAG and applicable Federal
laws, regulations, and guidelines. The interim directive also would
incorporate the definition of a wheelchair and clarify that a mobility
device meeting this definition may be used anywhere foot travel is
permitted. In addition, the interim directive would clarify existing
internal agency procedures and policies related to the accessibility of
trails.
The Architectural and Transportation Barriers Compliance Board
(Access Board) is preparing to publish for public comment proposed
accessibility guidelines for outdoor developed areas that would apply
only to Federal agencies subject to the Architectural Barriers Act. The
Forest Service will finalize the direction in this interim directive
regarding compliance with the FSTAG when the Access Board finalizes its
accessibility guidelines for outdoor developed areas. The final FSTAG
would contain the Access Board's final accessibility guidelines for
outdoor developed areas managed by Federal agencies, as supplemented by
the Forest Service.
Comments received in response to this notice will be considered in
development of the final interim directive. In a related notice
published elsewhere in this part of today's Federal Register, the
Forest Service is requesting comment on a proposed interim directive to
guide its employees regarding compliance with the Forest Service
Outdoor Recreation Accessibility Guidelines (FSORAG).
DATES: Comments must be received in writing by April 18, 2005.
ADDRESSES: Send written comments by mail to USDA Forest Service, Attn:
Director, Recreation and Heritage Resources Staff, Mail Stop 1125, 1400
Independence Avenue, SW., Washington, DC 20250-0003; by electronic mail
to rhwrtrail@fs.fed.us; or by facsimile to (202) 205-1145. Comments
also may be submitted by following the instructions at that Federal e-
Rulemaking portal, http://www.regulations.gov. If comments are sent by
electronic means or by facsimile, the public is requested not to send
duplicate comments via regular mail.
All comments, including names and addresses when provided, will be
placed in the record and will be available for public inspection and
copying. The public may inspect comments received on this proposed
interim directive in the Office of the Director, Recreation and
Heritage Resources Staff, USDA, Forest Service, 4th Floor-Central,
Sidney R. Yates Federal Building, 201 14th Street, SW., Washington, DC,
between 8:30 a.m. and 4 p.m. on business days. Those wishing to inspect
comments are encouraged to call ahead at (202) 205-1706 to facilitate
entry into the building.
FOR FURTHER INFORMATION CONTACT: Janet Zeller, Recreation and Heritage
Resources Staff, USDA, Forest Service, (202) 205-9597.
SUPPLEMENTARY INFORMATION:
Background
Although the Forest Service is committed to ensuring the
accessibility of agency facilities and programs in order to serve all
employees and visitors, as well as to comply with the Architectural
Barriers Act of 1968 (ABA) and Section 504 of the Rehabilitation Act of
1973, agency accessibility requirements for outdoor recreation areas
have not been integrated into the Forest Service Directives System.
The ABA requires facilities that are designed, constructed,
altered, or leased by, for, or on behalf of a Federal agency to be
accessible. To emphasize the need for accessibility guidelines for
outdoor recreation areas, in 1993 the Forest Service developed
Universal Access to Outdoor Recreation, A Design Guide. This guidebook
blended accessibility into the recreation opportunity spectrum, ranging
from urban areas in full compliance with the Uniform Federal
Accessibility Standard, the ABA accessibility standards in place at
that
[[Page 8067]]
time, to primitive and Congressionally designated wilderness areas.
The Access Board is the agency responsible for issuing
accessibility guidelines for newly constructed and altered facilities
subject to the ABA. The Forest Service served on the Access Board's
Regulatory Negotiation Committee on Outdoor Developed Areas (Reg Neg
Committee). In 1999, the Reg Neg Committee proposed accessibility
guidelines for outdoor recreation facilities and trails. While awaiting
the completion of the rulemaking process for these guidelines, the
Forest Service began developing internal guidelines for both trails and
outdoor recreation facilities that would apply only within National
Forest System boundaries and that would comply with the public notice
and comment process for Forest Service directives pursuant to 36 CFR
part 216. This action was undertaken to meet the agency's need to
provide a consistent and reliable method for determining application
and design of accessible outdoor recreation facilities and trails and
is based on the Reg Neg Committee's proposed guidelines. These internal
guidelines incorporate the Forest Service's terminology and processes,
and establish greater accessibility requirements for certain areas. The
Forest Service's proposed guidelines are in two parts, the Forest
Service Outdoor Recreation Accessibility Guidelines (FSORAG) and the
Forest Service Trail Accessibility Guidelines (FSTAG), both of which
are available at http://www.fs.fed.us/recreation/programs/accessiblity.
The Access Board plans to publish a notice of proposed rulemaking
(NPRM) in the spring of 2005 seeking public comment on proposed
accessibility guidelines for outdoor developed areas, including trails.
The NPRM will contain proposed accessibility guidelines developed by
the Reg Neg Committee, and will apply to Federal agencies subject to
the ABA.
The Forest Service is proposing to issue an interim directive to
Forest Service Manual (FSM) 2350, Trail, River, and Similar Recreation
Opportunities, that would provide direction for maximizing the
accessibility of new or altered trails managed for pedestrian use
within the National Forest System, while recognizing and protecting the
unique characteristics of the natural setting of each trail. In
addition, the interim directive would define a wheelchair or mobility
device; would define an all-terrain vehicle and an off-highway vehicle;
and would clarify internal agency procedures and existing policies
related to the accessibility of outdoor recreation areas.
Application of the FSTAG would ensure that the full range of trail
opportunities continue to be provided, from primitive long-distance
trails to highly developed trails to popular scenic overlooks. All
Forest Service trail classes would remain intact.
The FSTAG would provide for the specific conditions of departure
and exceptions, also contained in the proposed accessibility guidelines
developed by the regulatory negotiation committee established by the
Access Board, when necessary to preserve the uniqueness of each trail
or when application of the accessibility standards would cause a change
in the trail's setting or in the purpose or function for which the
trail was designed. In all likelihood this means most existing
primitive trails would not be subject to the FSTAG. However, the FSTAG
could apply to portions of these trails where they pass through a more
urban area. The FSTAG contains exceptions that would prevent
accessibility from being pointlessly applied piecemeal throughout a
trail when access between segments is not possible, and requires
providing accessibility to special features where possible.
The Forest Service will work with the Access Board as it develops
final accessibility guidelines for outdoor developed areas. The Forest
Service will finalize the direction in this interim directive regarding
compliance with the FSTAG when the Access Board finalizes its
accessibility guidelines for outdoor developed areas. The final FSTAG
will contain the Access Board's final accessibility guidelines for
outdoor developed areas managed by Federal agencies, as supplemented by
the Forest Service to ensure the agency's continued application of
universal design, as well as agency terminology and processes.
In a related notice published elsewhere in this part of today's
Federal Register, the agency is requesting comment on a proposed
interim directive to guide its employees regarding compliance with the
FSORAG, which would apply to new or reconstructed outdoor developed
recreation areas. The FSTAG and the FSORAG are both available
electronically on the World Wide Web at http://www.fs.fed.us/recreation/programs/accessibility.
Copies also may be obtained by
writing to the USDA, Forest Service, Attn: Accessibility Program
Manager, Recreation and Heritage Resources Staff, Mail Stop 1125, 1400
Independence Avenue, SW., Washington, DC 20250-0003.
Regulatory Certifications
Environmental Impact
Section 31.1b of Forest Service Handbook (FSH) 1909.15 (57 FR
43180, September 18, 1992) excludes from documentation in an
environmental assessment or environmental impact statement ``rules,
regulations, or policies to establish Service-wide administrative
procedures, program processes, or instructions.'' The agency's
preliminary conclusion is that this proposed interim directive falls
within this category of actions and that no extraordinary circumstances
exist which would require preparation of an environmental assessment or
environmental impact statement.
Regulatory Impact
This proposed interim directive has been reviewed under USDA
procedures and Executive Order 12866 on regulatory planning and review.
The Office of Management and Budget (OMB) has determined that the
accessibility guidelines portion of the proposed interim directive is
not economically significant because it would not have an annual
economic impact of $100 million or more. However, the accessibility
guidelines portion of the proposed interim directive was determined by
OMB to be significant because of its relationship to the accessibility
guidelines to be issued by the Access Board. Accordingly, this proposed
interim directive has been reviewed by OMB pursuant to Executive Order
12866. The regulatory impact analysis is available at http://www.fs.fed.us/recreation/programs/accessibility
.
Moreover, this proposed interim directive has been considered in
light of the Regulatory Flexibility Act (5 U.S.C. 602 et seq.). It has
been determined that this proposed interim directive would not have a
significant economic impact on a substantial number of small entities
as defined by the act because the proposed interim directive would not
impose recordkeeping requirements on them; it would not affect their
competitive position in relation to large entities; and it would not
affect their cash flow, liquidity, or ability to remain in the market.
The proposed interim directive would establish accessibility guidelines
that would apply internally to the Forest Service and that would have
no direct effect on small businesses. No small businesses have been
awarded contracts for construction or reconstruction of recreation
facilities
[[Page 8068]]
covered by these accessibility guidelines.
No Takings Implications
This proposed interim directive has been analyzed in accordance
with the principles and criteria contained in Executive Order 12630. It
has been determined that this proposed interim directive would not pose
the risk of a taking of private property.
Civil Justice Reform
This proposed interim directive has been reviewed under Executive
Order 12988 on civil justice reform. After adoption of this proposed
interim directive, (1) all State and local laws and regulations that
conflict with this interim directive or that impede its full
implementation would be preempted; (2) no retroactive effect would be
given to this interim directive; and (3) it would not require
administrative proceedings before parties may file suit in court
challenging its provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), which the President signed into law on March 22,
1995, the agency has assessed the effects of this proposed interim
directive on State, local, and Tribal governments and the private
sector. This proposed interim directive would not compel the
expenditure of $100 million or more by any State, local, or Tribal
government or anyone in the private sector. Therefore, a statement
under section 202 of the act is not required.
Federalism and Consultation and Coordination With Indian Tribal
Governments
The agency has considered this proposed interim directive under the
requirements of Executive Order 13132 on federalism, and has made an
assessment that the proposed interim directive conforms with the
federalism principles set out in this Executive Order; would not impose
any compliance costs on the States; and would not have substantial
direct effects on the States, the relationship between the Federal
government and the States, or the distribution of power and
responsibilities among the various levels of government. Therefore, the
agency has determined that no further assessment of federalism
implications is necessary.
Moreover, this proposed interim directive does not have Tribal
implications as defined by Executive Order 13175, ``Consultation and
Coordination With Indian Tribal Governments,'' and therefore advance
consultation with Tribes is not required.
Energy Effects
This proposed interim directive has been reviewed under Executive
Order 13211 of May 18, 2001, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use. It has been
determined that this proposed interim directive does not constitute a
significant energy action as defined in the Executive Order.
Controlling Paperwork Burdens on the Public
This proposed interim directive does not contain any recordkeeping
or reporting requirements or other information collection requirements
as defined in 5 U.S.C. part 1320 that are not already required by law
or not already approved for use. Accordingly, the review provisions of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its
implementing regulations at 5 CFR part 1320 do not apply.
Dated: February 11, 2005.
Sally Collins,
Acting Chief.
Text of Proposed Interim Directive
Note: The Forest Service organizes its directives system by
alphanumeric codes and subject headings. Only those sections of the
Forest Service Manual (FSM) that are the subject of this notice are
set out here. The intended audience for this proposed interim
direction is agency employees charged with the management of trails
on National Forest System lands. Only new and revised direction from
FSM 2350 is set out in the proposed interim directive. The asterisks
indicate that parent text direction unchanged by this proposed
interim directive is not set out in this notice. The full text of
the current FSM 2350 is available electronically on the World Wide
Web at http://www.fs.fed.us/im/directives.
Forest Service Manual
Chapter 2350--Trail, River, and Similar Recreation Opportunities
* * * * *
[The uncoded introductory paragraph to this Chapter and FSM 2350.2
are unchanged.]
2350.3--Policy
* * * * *
[Paragraphs 1-6 are unchanged.]
7. Comply with the FSTAG (FSM 2353.01c, para. 7) when the FSTAG
establishes a higher standard for trails than Federal accessibility
standards (FSM 2353.01c, para 3).
* * * * *
[FSM 2352-2352.1 are unchanged.]
2353--National Forest System Trails
2353.01--Authority
See FSM 2350.1 for general authorities on developing and managing
trails. For the authorities and technical guidelines related to the
accessibility of trails, see FSM 2353.01c.
* * * * *
[FSM 2353.01-2353.01b are unchanged.]
2353.01c--Federal and Agency Requirements for Accessibility of Trails
For related direction on the authorities for the accessibility of
recreation programs, sites, and facilities, see FSM 2330.12.
1. Architectural Barriers Act (ABA) of 1968, as amended (42 U.S.C.
4151 et seq.). This act requires that all facilities designed,
constructed, altered, or leased by a Federal agency be accessible to
persons with disabilities.
2. Architectural Barriers Act Accessibility Guidelines (36 CFR part
1191, Appendices C and D). These guidelines were issued by the
Architectural and Transportation Barriers Compliance Board (Access
Board) in 2004 and apply to buildings and facilities subject to the
Architectural Barriers Act of 1968. When adopted as standards by the
General Services Administration, they will apply to Forest Service
buildings and facilities.
3. Architectural Barriers Act Accessibility Guidelines for Outdoor
Developed Areas (36 CFR part 1190). These guidelines will be issued by
the Architectural and Transportation Barriers Compliance Board (Access
Board) in 2005 and apply to outdoor developed areas, including trails,
managed by Federal agencies subject to the Architectural Barriers Act
of 1968. When adopted as standards by the General Services
Administration, they will apply to outdoor developed areas, including
trails, managed by the Forest Service.
4. Rehabilitation Act of 1973, as amended, Sections 504 and 508 (29
U.S.C. 794 and 794d). Section 504 of this act (29 U.S.C. 794) prohibits
Federal agencies and recipients of Federal financial assistance from
discriminating against any person with a disability. Section 508 of
this act (29 U.S.C. 794d) requires that all electronic and information
technology purchased or developed by a Federal agency allow persons
with disabilities to have access to and use of the information and data
that is comparable to that provided to persons without disabilities.
[[Page 8069]]
5. Enforcement of Nondiscrimination on the Basis of Disability in
Programs or Activities of USDA (7 CFR parts 15e and 15b). The USDA
regulations implementing section 504 of the Rehabilitation Act as it
applies to programs and activities conducted by USDA are found at 7 CFR
part 15e. The USDA regulations implementing section 504 of the
Rehabilitation Act as it applies to USDA-assisted programs are found at
7 CFR part 15b. These provisions address program accessibility;
requirements for accessible programs in new, altered, or existing
facilities; accessibility transition planning; accessible communication
requirements; and compliance procedures.
6. Americans With Disabilities Act of 1990 (ADA) (42 U.S.C. 12101
et seq.). This act prohibits discrimination on the basis of disability
by State or local governments, public accommodations, and public
transportation. The ADA does not apply to Federal agencies, with the
exception of Title V, section 507c. This provision clarifies that the
Wilderness Act of 1964 is preeminent in federally designated wilderness
areas, contains a definition of a wheelchair, and states that a device
that meets that definition can be used wherever foot travel is
permitted in federally designated wilderness areas (FSM 2353.05, para.
10).
7. Forest Service Trail Accessibility Guidelines (FSTAG). The FSTAG
contains the accessibility guidelines for outdoor developed areas,
including trails, issued by the Architectural and Transportation
Barriers Compliance Board (Access Board), as supplemented by the Forest
Service to ensure the agency's continued application of universal
design, as well as agency terminology and processes. The FSTAG is
available electronically on the World Wide Web at http://www.fs.fed.
us/ recreation/programs/accessibility. Copies also may be obtained by
writing to the Accessibility Program Manager, Recreation and Heritage
Resources Staff, Washington Office.
* * * * *
[FSM 2353.02 and FSM 2553.03, paragraphs 1-6, are unchanged.]
2553.03--Policy
7. Ensure that all new or reconstructed trails comply with Federal
and Forest Service accessibility guidelines and standards for trails
managed for pedestrian use (FSM 2353.01c, para. 1-7). The FSTAG applies
to trails managed for pedestrian use when the FSTAG establishes a
higher standard for those trails than Federal accessibility standards
(FSM 2353.01c, para. 2 and 3).
* * * * *
[FSM 2353.04-2353.04g and FSM 2353.05, paragraphs 1-9, are
unchanged.]
2353.05--Definitions
10. Wheelchair or Mobility Device. A device, including one that is
battery-powered, that is designed solely for use by a mobility-impaired
person for locomotion, and that is suitable for use in an indoor
pedestrian area. A person whose disability requires use of a wheelchair
or mobility device may use a wheelchair or mobility device that meets
this definition anywhere foot travel is permitted (Title V, sec. 507c,
of the ADA).
* * * * *
[FSM 2353.1-2353.26 are unchanged.]
2353.27--Accessibility
Ensure that all new or reconstructed trails comply with Federal and
Forest Service accessibility guidelines and standards for trails
managed for pedestrian use (FSM 2353.01c, para. 1-7). The FSTAG applies
to trails managed for pedestrian use when the FSTAG establishes a
higher standard for those trails than Federal accessibility standards
(FSM 2353.01c, para. 2 and 3). The FSTAG is available electronically on
the World Wide Web at http://www.fs.fed.us/recreation/programs/accessibility.
Copies also may be obtained by writing to the
Accessibility Program Manager, Recreation and Heritage Resources Staff,
Washington Office.
* * * * *
[FSM 2353.3-2354 and FSM 2355.01-2355.04d are unchanged.]
2355--Management of Off-Highway Vehicle Use
[Alphabetize existing definitions, insert the following new
definitions for all-terrain vehicle, off-highway vehicle, and
wheelchair or mobility device, and renumber the paragraphs
accordingly.]
2355.05--Definitions
* * * * *
2. All-Terrain Vehicle (ATV). A type of off-highway vehicle that
travels on three or more low-pressure tires; has handle-bar steering;
and has a seat designed to be straddled by the operator.
* * * * *
8. Motor Vehicle. Any vehicle which is self-propelled, other than:
(1) a vehicle operated on rails; and
(2) any wheelchair or mobility device, including one that is
battery-powered, that is designed solely for use by a mobility-impaired
person for locomotion, and that is suitable for use in an indoor
pedestrian area.
9. Off-Highway Vehicle (OHV). Any motor vehicle designed for or
capable of cross-country travel on or immediately over land, water,
sand, snow, ice, marsh, swampland, or other natural terrain.
* * * * *
13. Wheelchair or Mobility Device. See the definition at FSM
2353.05, paragraph 10.
* * * * *
[The remainder of the chapter (FSM 2355.11-2356.6) is unchanged.]
[FR Doc. 05-3068 Filed 2-16-05; 8:45 am]
BILLING CODE 3410-11-P