[Federal Register: May 22, 2006 (Volume 71, Number 98)]
[Notices]
[Page 29294-29301]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my06-21]
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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 issuance of final directive.
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SUMMARY: The Forest Service is issuing a final directive as an
amendment to Forest Service Manual 2350, Trail, River, and Similar
Recreation Opportunities to ensure that new or altered trails designed
for hiker/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 amendment
guides Forest Service employees regarding compliance with the Forest
Service Trail Accessibility Guidelines (FSTAG) and directs that these
trails comply with the FSTAG and applicable Federal laws, regulations,
and guidelines. In addition, the amendment clarifies agency procedures
and policies related to the accessibility of trails. The FSTAG is
linked to and referenced in this amendment.
The Architectural and Transportation Barriers Compliance Board
(Access Board) is preparing to publish for public notice and comment
proposed accessibility guidelines for outdoor developed areas that
would apply to Federal agencies subject to the Architectural Barriers
Act. When the Access Board finalizes its accessibility guidelines for
outdoor developed areas, the Forest Service will revise the FSTAG to
incorporate the Access Board's standards where those provisions are a
higher standard, as supplemented by the Forest Service. The
supplementation will ensure the agency's application of equivalent or
higher guidelines and universal design, as well as consistent use of
agency terminology and processes.
DATES: This final directive is effective May 22, 2006.
ADDRESSES: The full text of the amendment is available electronically
on the World Wide Web at http://www.fs.fed.us/im/directives. The
administrative record for this final amendment is available for
inspection and copying at the office of the Director, Recreation and
Heritage Resources Staff, USDA Forest Service, 4th Floor Central,
Sidney R. Yates Federal Building, 1400 Independence Avenue, SW.,
Washington, DC, from 8:30 a.m. to 4 p.m., Monday through Friday, except
holidays. Those wishing to inspect the administrative record are
encouraged to call Janet Zeller at (202) 205-9597 beforehand to
facilitate access to the building.
FOR FURTHER INFORMATION CONTACT: Janet Zeller, Recreation and Heritage
Resources Staff, USDA Forest Service, (202) 205-9597.
SUPPLEMENTARY INFORMATION:
1. Background
Although the Forest Service is committed to ensuring accessibility
of agency facilities and programs to serve all employees and visitors,
as well as to comply with the Architectural Barriers Act of 1968 and
section 504 of the Rehabilitation Act of 1973, agency
[[Page 29295]]
accessibility requirements for outdoor recreation areas have not been
integrated into the Forest Service Directives System. In addition, no
accessibility guidelines have completed the rulemaking process that
apply to the construction or alteration of trails designed hiker/
pedestrian use within the National Forest System (NFS), while
considering the uniqueness of the setting and maximizing accessibility
for persons with disabilities.
In 1999, using a regulatory negotiation committee (Reg Neg
Committee), the Access Board completed draft accessibility guidelines
to address outdoor developed areas, including trails. However, the
Access Board was not able to complete the rulemaking process for the
guidelines at that time. The Forest Service determined that it needed
accessibility guidelines for trails that would comply with the public
notice and comment process for Forest Service directives pursuant to 36
CFR part 216. Based on the Reg Neg Committee's draft accessibility
guidelines, the Forest Service developed the FSTAG. Application of the
FSTAG will ensure that the full range of trail opportunities continues
to be provided, from primitive, long-distance trails to highly
developed trails and popular scenic overlooks. All Interagency Trail
Data Standards trail classes and terminology will remain unchanged. The
FSTAG will apply only in the NFS.
Like the Reg Neg Committee's draft guidelines, the FSTAG applies to
trails designed for hiker/pedestrian use, establishes only one level of
accessibility, and includes specific conditions for departure and
exceptions when necessary to preserve the uniqueness of each trail or
when application of the technical provisions would cause a change in a
trail's setting or in the purpose or function for which a trail was
designed. Thus, most 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. In
addition, the FSTAG requires accessibility to special features where
possible.
The Access Board plans to publish a notice of proposed rulemaking
(NPRM) seeking public comment on proposed accessibility guidelines for
outdoor developed areas. The NPRM will contain the Reg Neg Committee's
draft accessibility guidelines and will apply to Federal agencies
subject to the Architectural Barriers Act. The Forest Service will work
with the Access Board and the other federal land management agencies as
the Access Board develops final accessibility guidelines for outdoor
developed areas. When the Access Board finalizes its accessibility
guidelines for outdoor developed areas, the Forest Service will revise
the FSTAG to incorporate the Access Board's standards, as supplemented
by the Forest Service. The supplementation will ensure the agency's
application of equivalent or higher guidelines and universal design, as
well as consistent use of agency terminology and processes.
In a related notice published elsewhere in this part of today's
Federal Register, the agency is publishing notice of a final directive
to require compliance with the Forest Service Outdoor Recreation
Accessibility Guidelines (FSORAG), which apply to new or reconstructed
outdoor developed recreation areas. The FSTAG and 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, Stop 1125, 1400 Independence Avenue, SW., Washington, DC 20250-
0003.
2. Public Comments on the Proposed Interim Directive
On February 17, 2005, the Forest Service published the proposed
interim directive in the Federal Register (70 FR 32) for public notice
and comment. The proposed interim directive was also posted
electronically on the World Wide Web on the Federal Register site at
http://www.fs.fed.us/ programs/recreation/accessibility. The Forest
Service received 79 letters or electronic messages in response to the
proposed interim directive. Each respondent was grouped in one of the
following categories:
Nonprofit Organizations: 38
Businesses: 1
Federal Agencies: 6
Federal Agency Employees: 21
Individuals (unaffiliated or unidentifiable): 13
Most respondents generally supported the FSTAG. One respondent was
not supportive. One respondent opposed access by people with
disabilities on Federally managed lands. Another respondent expressed
general opposition to any improved access based on the belief that
improved access would lead to more hunting. Many respondents commented
on specific sections of the FSTAG. The spelling, pagination, and other
similar nonsubstantive comments that respondents shared were
appreciated and have been incorporated into the FSTAG.
General Comments
Many respondents commented that the FSTAG is superior in its
recognition of situations encountered in trail building and its
detailed explanations, use of terminology employed by the trails
community, and step-by-step implementation processes. All respondents
who commented on format strongly supported separating the FSTAG from
the FSORAG, as well as integration of the scoping and technical
provisions in each document. Respondents appreciated the appendices
containing the overview of the FSTAG implementation process, related
technical provisions from the FSORAG, and provisions from the
Architectural Barriers Act Accessibility Standards cited in the FSTAG.
Comment: Many respondents expressed the need for a more user-
friendly document that details the process of applying the FSTAG.
Response: The Forest Service Accessibility Guidebook for Outdoor
Recreation and Trails (Guidebook) is expected to be available on the
Forest Service's Web site by the spring of 2006 at http://www.fs.fed.us/recreation/programs/accessibility.
The Guidebook will
explain the FSTAG in simple terms, with examples of how to apply the
guidelines, helpful graphics and photographs, and design tips.
Comment: Several respondents expressed a concern that the FSTAG
would be changed to apply to all trails in the NFS as well as trail
maintenance.
Response: The Architectural Barriers Act applies only to new or
altered facilities, elements, and constructed features and to the
routes that connect them. Although section 504 of the Rehabilitation
Act applies to all agency programs, it also requires that there be no
fundamental alteration of those programs for purposes of making them
accessible. Therefore, the scope of the FSTAG, which applies to new or
altered trails as long as the character or experience of the trail is
not changed, will not be broadened to include all trails in the NFS or
trail maintenance.
Comment: Several respondents commented on the need for supplemental
educational materials and training opportunities for the FSTAG, both
for Forest Service employees and trail volunteers.
Response: The Forest Service has offered centralized training on
the
[[Page 29296]]
FSTAG and FSORAG. However, attendance revealed that cooperators and
volunteers had difficulty meeting the travel and time constraints for
the training. Therefore, in addition to developing the Guidebook, the
Forest Service will offer to provide training locally when trail
cooperators provide the opportunity at a meeting or training session.
Because the FSTAG applies only to construction or alteration of trails,
not to trail maintenance, the FSTAG will be used in designing,
constructing, and altering trails. The FSTAG will not be used by
cooperators and volunteers performing trail maintenance.
Comment: Several respondents expressed the concern that an
accessible trailhead or trails will allow all-terrain and other motor
vehicles to be used on nonmotorized trails.
Response: Nothing in the FSTAG permits the use of a motorized
vehicle on a trail restricted to nonmotorized use. However, a person
who uses a wheelchair as defined in 36 CFR 212.1 (70 FR 68264, November
9, 2005) is permitted anywhere foot travel is permitted.
To prevent use of motor vehicles in nonmotorized areas and on
nonmotorized trails on NFS lands, gates, rocks, berms, posts, or other
restrictive devices may be used. However, under section 504 of the
Rehabilitation Act, people with disabilities may not be denied
participation in an agency program open to all other people. Thus, when
foot travel is allowed beyond a restrictive device, as at a trailhead,
at least 32 inches of clearing width must be provided around or through
the device to ensure that a person in a wheelchair can travel beyond
the restriction. Thirty-two inches of clearing width has been deemed
sufficient, since that is the minimum width required for a door under
the Architectural Barriers Act Accessibility Standards. If the trail
beyond the entry point does not meet the criteria for applicability of
the FSTAG, there is no requirement to make the trail accessible simply
because there is a clearing width of 32 inches at the trailhead.
A wheelchair or mobility device, including one that is battery-
powered, is a device that is designed solely for use by a mobility-
impaired person for locomotion and that is suitable for use in an
indoor pedestrian area. ``Designed solely for use by a mobility-
impaired person for locomotion'' means that the wheelchair was designed
and manufactured solely for use for mobility by a person with a
disability. Thus, ``wheelchair or mobility device'' does not include a
motorized unit that has been retrofitted to make it useable by a person
with a disability. ``Suitable for use in an indoor pedestrian area''
means useable inside a home, mall, courthouse, or other indoor
pedestrian area.
Comment: Several respondents questioned how the FSTAG will affect
trail maintenance backlogs.
Response: Since the FSTAG does not apply to trail maintenance, the
FSTAG will not affect trail maintenance backlogs.
Comment: Several respondents expressed concern that the FSTAG will
require increased maintenance on trails.
Response: Routine maintenance on a trail that is accessible is not
required to occur more frequently solely because the trail was
constructed in compliance with the FSTAG. Trail maintenance is
conducted in accordance with the standards established for each trail
based on its trail class and designed use. While accessible trails are
likely to be within the trail classes that receive more frequent
maintenance based on the established maintenance standards for those
trail classes, there may be a period when a trail segment does not meet
conditions for accessibility or availability due to normally occurring
conditions in the outdoor environment, such as fallen branches.
Comment: Several respondents expressed concern that the Interagency
Trail Data Standards (ITDS) designation of managed use of hiker/
pedestrian was not correct because managed use does not address the
technical aspects of a trail's design and construction. These
respondents believed that the ITDS designation of designed use of
hiker/pedestrian would be more appropriate.
Response: ``Managed use'' and ``designed use'' are terms used in
the Interagency Trail Data Standards and the Forest Service's trail
classification system. Managed uses of a trail are the modes of travel
for which the trail is actively managed. The designed use of a trail is
determined by the managed use that requires the most demanding design,
construction, and maintenance parameters. The Forest Services agrees
that the FSTAG should apply to trails with a designed use, rather than
a managed use, of hiker/pedestrian because the FSTAG applies to
construction and alteration of trails, not to management of trails.
Accordingly, the FSTAG has been revised to provide that it applies to
trails with a designed use of hiker/pedestrian.
Comment: All comments on the requirement that buildings (such as
toilets and shelters) be accessible if they are constructed in
conjunction with a trail subject to the FSTAG were supportive.
Response: The construction of any building is a disturbance to the
setting. Designing a building that is appropriate to the setting and is
accessible takes planning, but ensures that all people can use it. The
resulting structure is large enough for any person to fit through the
door and turn around inside while carrying a backpack. As one
respondent stated, ``Hiking is challenge by choice. Using a toilet is
not a choice, so it shouldn't be a challenge.''
Comments on Specific Sections of the FSTAG
Section 7.1.1 Conditions for Departure. This section enumerates the
conditions that would permit departure from a specific FSTAG technical
provision for the distance those conditions impact a trail.
Comment: Several respondents expressed a concern that the FSTAG
would change the fundamental character of trails.
Response: The Forest Service firmly believes that the primitive
character of trails designed as simple footpaths must not be
compromised. The FSTAG reflects this belief through the use of tight
criteria for triggering the technical provisions and the use of
conditions for departure and exceptions from the technical provisions.
The FSTAG applies only to trails within the National Forest System that
(1) are new or altered (an alteration to a existing trail is a change
in the original purpose, intent, or design of a trail); (2) have a
designed use of hiker/pedestrian under the Interagency Trail Data
Standards and Forest Service Trail Planning and Management
Fundamentals; and (3) connect directly to a currently accessible trail
or to a trailhead. A trailhead is a site designed and developed by the
Forest Service, a trail association, trail maintaining club, trail
partners, or other cooperators to provide staging for trail use. For
purposes of the FSTAG, the following are not trailheads: (1) Junctions
between trails where there is no other access and (2) intersections
where a trail crosses a road or users have developed an access point,
but no improvements have been provided by the Forest Service, a trail
association, a trail maintaining club, trail partners, or other
cooperators beyond minimal signage for public safety.
In addition, the FSTAG includes four specific conditions for
departing from the guidelines if meeting a technical provision, such as
trail width, would change the character or experience of the trail at a
specific point. If one or more of those conditions exist, then
[[Page 29297]]
exceptions to the technical provisions, on a case-by-case basis, are
provided.
By applying the guidelines, but allowing for exceptions if applying
the guidelines would change the character or experience of a trail,
trails that are designed to meet the full range of visitor choice will
be available, from the paved trails at a visitor center to long-
distance, primitive footpaths. Visitors can then choose the type of
recreation they want to pursue and the setting for that experience.
Comment: All respondents who commented on the distinction in the
FSORAG between developed recreation sites and general forest areas were
supportive.
Response: The Forest Service distinguishes in its land management
between developed recreation sites and general forest areas. The Forest
Service's Infrastructure database defines a developed recreation site
as ``a discrete place containing a concentration of facilities and
services used to provide recreation opportunities to the public and
evidencing a significant investment in facilities and management under
the direction of an administrative unit in the National Forest
System.'' Developed recreation sites provide visitor convenience and
comfort without adversely impacting natural resources. Most of the
agency's recreational improvements are located at developed recreation
sites.
In contrast, general forest areas are ``all lands available for
recreation use and outside of Wilderness, developed sites, trails and
administrative sites. Amenities or constructed features inside general
forest areas are primarily for resource protection rather than for
visitor comfort.'' While some constructed features (such as picnic
tables, fire rings, and toilet buildings) may be provided in general
forest areas, these constructed features are usually for resource
protection rather than visitor convenience. Any constructed features in
general forest areas must be designed appropriately for the setting and
must comply with the FSORAG's accessibility requirements.
It is important to the recreating public that not all NFS lands be
developed to the same extent, level, or intensity.
Comment: All but one respondent who commented on the provision in
the FSORAG exempting general forest areas from the requirement for
outdoor recreation access routes (ORARs) supported the exemption.
Response: The FSORAG states that ORARs are not required in general
forest areas. In general forest areas, a path connecting associated
constructed facilities, as well as a path connecting them to a trail,
must comply with the technical provisions for a trail enumerated in
section 7.0 of the FSTAG. These paths are not ORARs and are not
required to meet the technical provisions for ORARs in the FSORAG.
ORARs are not required in general forest areas because the resulting
additional construction and site modification would substantially alter
the nature of the setting.
Comment: A number of respondents requested that ``infeasible'' be
replaced with ``impractical'' in the fourth condition for departure.
Response: The American Heritage Dictionary of the English Language,
4th edition, (2000), cites ``impractical'' as the definition for
``infeasible.'' Since the words are interchangeable and ``impractical''
is used more commonly, the Forest Service has changed ``would not be
feasible'' to ``would be impractical'' in the section-by-section
analysis for the fourth condition for departure and the fourth
condition for departure.
Comment: One respondent expressed concern that the second condition
for departure in the FSTAG differs from the Reg Neg Committee's draft
guidelines in citing inconsistency with the applicable land management
plan as a basis for allowing utilization of an exception in the
technical provisions.
Response: The National Forest Management Act requires each national
forest and national grassland to develop a land management plan. These
plans are developed through extensive public participation and
generally are in effect for 10 to 15 years. These plans guide forest
management, and the Forest Service is prohibited from authorizing
actions that are inconsistent with the plans.
Comment: All except one respondent expressed support for inclusion
of the Interagency Trail Data Standards (ITDS) trail classes in the
second condition for departure.
Response: The second condition for departure in the Reg Neg
Committee's draft guidelines permits deviation from the guidelines
``[w]here compliance would substantially alter the nature of the
setting or the purpose of the facility, or portion of the facility.''
Trails are very different from campgrounds and picnic areas, where
there is a high degree of development due to the nature of the use.
Trails generally cause little change to the nature of the setting
because trails merely traverse an area. This difference should be
reflected in the conditions for departure that, when met, allow
utilization of an exception to the technical provisions.
When the first draft of the FSTAG was posted on the Forest Service
website in late 2002, the trails community immediately requested
clarification of the phrase the ``nature of the setting'' of the trail
for purposes of applying the second condition for departure. The trails
community suggested that the ITDS trail classes be added to that
condition for departure because they take into account user
preferences, setting, protection of sensitive resources, and other
management activities. The ITDS trail classes match the Forest
Service's trail classes, which range from minimally developed (Trail
Class 1) to fully developed (Trail Class 5). There are substantial
differences among the five trail classes. In addition, respondents
suggested that the ITDS trail class chart and terminology be added to
the FSTAG as a reference tool. The Forest Service agrees with these
comments and has added trail class as a factor to consider in applying
the second condition for departure. The agency also has added the ITDS
trail class chart as an appendix to the FSTAG.
If compliance with a specific technical provision of the FSTAG
would trigger a change in the ITDS trail class, the trail designer is
alerted to the potential for a substantial change in the setting of the
trail if that provision is applied. A substantial change in the setting
of the trail would constitute a condition for departure from the
technical provisions. However, the presence of a condition for
departure does not exempt a trail from the FSTAG. An exception is
permitted only where one or more conditions for departure exist and an
exception applies (see section 7.1.1). Moreover, some exceptions in the
FSTAG provide for applicability of a technical provision with
modifications (see, e.g., section 7.3.4, Clear Tread Width, Exception
1, and section 7.3.7, Protruding Objects, Exception 1).
Section 7.1.2 General Exceptions. This section contains the two
general exceptions to applicability of the FSTAG.
Comment: One respondent asked why there were two general exceptions
instead of one.
Response: The first general exception addresses four trail
characteristics or limiting factors that may make complying with the
technical provisions difficult or impractical. The second general
exception addresses the reasonableness of applying the technical
provisions when one or more conditions for departure result in
deviations from the technical provisions for over 15 percent of the
length of a trail. When
[[Page 29298]]
either of these two exceptions applies, the trail would not need to
comply with the technical provisions beyond a certain point. However,
since these exceptions address different situations, they are not
interchangeable nor can they be combined. The loss of either one would
result in different coverage of the technical provisions.
Comment: Several respondents requested that direction be added to
the FSTAG concerning the impact or cumulative effects of applying the
technical provisions and resulting change to the user experience and
physical characteristics of the trail.
Response: The second general exception addresses the reasonableness
of applying the technical provisions if deviations from the provisions
occur on over 15 percent of the length of a trail due to conditions for
departure. This situation could result in trails that have a few
segments that comply with all the technical provisions interspersed
with segments that do not comply with one or more provisions. The
second exception provides a means of quantifying the cumulative effect
of many deviations from the guidelines on the overall trail experience.
The overview of the FSTAG implementation process in Appendix A of the
FSTAG can be used when laying out the flag line on a trail to tally the
segments of the trail where one ore more conditions for departure
result in deviations from the technical provisions. If one or more
conditions for departure result in deviations from the technical
provisions for over 15 percent of the length of the trail, then the
second general exception does not require compliance with the technical
provisions beyond a certain point.
Comment: The third limiting factor in the first general exception
allows for deviation from all the technical provisions (provided one or
more conditions for departure exist) when the minimum trail width is 18
inches or less for a distance of at least 20 feet. These narrow
segments of trail are referred to as ``pinch points.'' One respondent
believed that no one with a disability would be able to get through an
18-inch-wide pinch point, even if it extended a short distance.
Response: A person with a disability may be able to get over or
around a pinch point that extends for a short distance. However, if a
pinch point extends for a long distance, it is less likely that the
pinch point can be negotiated successfully. The Reg Neg Committee
established the limit of over 20 feet for a nonnegotiable pinch point.
The Reg Neg Committee also determined the minimum width of that pinch
point to be 12 inches. The Forest Service increased the minimum width
of a nonnegotiable pinch point to 18 inches in the FSTAG because any
passageway with no possibility of a detour, such as a path along the
side of a cliff, that is narrower than 18 inches should not be
considered passable.
Comment: The fourth limiting factor in the first general exception
allows for deviation from all the technical provisions (provided one or
more conditions for departure exist) when a trail obstacle of at least
30 inches in height extends across the full width of the trail. One
respondent suggested that the minimum height of 30 inches in this
limiting factor be reduced to 10 to 12 inches.
Response: The Reg Neg Committee established the minimum height of
30 inches in the fourth limiting factor because a trail obstacle at
that height would be extremely difficult for a person with a mobility
impairment to navigate. At a height of 10 to 12 inches, a person with a
disability could maneuver over the obstacle, albeit with considerable
effort.
Section 7.1.3 Documentation. This section addresses the requirement
for documentation of a determination that the FSTAG does not apply to a
trail.
Comment: Respondents shared both support and concern regarding the
requirement to document a decision that the FSTAG does not apply to
construction or alteration of a trail that is designed for hiker/
pedestrian use.
Response: Often when trail managers leave their positions, they
take with them the institutional knowledge and memory for a particular
project. Therefore, the Forest Service needs to require documentation
of a determination that the FSTAG does not apply to construction or
alteration of a trail that is designed for hiker/pedestrian use. If a
determination is made that the FSTAG does not apply to the entire trail
or cannot be met on portions of the trail, a brief statement must be
written and retained in the project file enumerating the rationale for
that determination, which conditions for departure and exceptions
apply, the date of the determination, and the name of the individuals
who made the determination. There is no standard format for this
documentation; each administrative unit may develop its own format to
meet its specific needs. This documentation need not be lengthy; one
page should be sufficient. This documentation will show that
applicability of the FSTAG was considered at the onset of the project
and that a good-faith effort was made to consider accessibility.
Section 7.2 Definitions. This section includes definitions of terms
used in the FSTAG.
Alteration
Comment: All respondents who commented on terminology supported the
definition of the term ``alteration.''
Response: The definition for alteration is taken from page 5 of the
Reg Neg Committee's draft guidelines (1999 Committee Report), which
distinguish maintenance from alteration: ``This type of work
[maintenance] is not an alteration; it does not change the original
purpose, intent, or design of the trail.'' Accordingly, the FSTAG
defines ``alteration'' as ``a change in the original purpose, intent,
or design of a trail.''
Trail Terminus and Trail Segment
Comment: Several respondents requested that definitions for ``trail
terminus'' and ``trail segment'' be added to the FSTAG.
Response: The Forest Service agrees. Both definitions now appear in
section 7.2 of the FSTAG. A trail terminus is defined as ``the
beginning or ending point of a trail or trail segment, where the trail
assessment or trail work begins or ends.'' A trail segment is defined
as ``the portion of a trail being planned, evaluated, or constructed.''
Trailhead
Comment: Several respondents expressed confusion concerning the two
definitions for ``trailhead,'' i.e., the definitions for ``designated
trailhead'' and ``developed trailhead.'' Respondents requested that the
definitions be clarified so that a dirt road crossing a trail where
there is no developed parking area or other facilities would not be
considered a trailhead.
Response: The Forest Service agrees that clarification and
consolidation of these definitions are needed. The two definitions have
been revised and combined to reflect the definition for a trailhead in
the Recreation and Heritage Resources Integrated Business Systems and
the level of development required to constitute a trailhead. In
addition, the definition now specifies what is not a trailhead. The
resulting single definition for a trailhead is: ``A site designed and
developed by the Forest Service, a trail association, a trail
maintaining club, trail partners, or other cooperators to provide
staging for trail use. For purposes of the FSTAG the following are not
trailheads:
Junctions between trails where there is no other access.
[[Page 29299]]
Intersections where a trail crosses a road or users have
developed an access point, but no improvements have been provided by
the Forest Service, a trail association, a trail maintaining club,
trail partners, or other cooperators beyond minimal signage for public
safety.''
Section 7.3.1 Trail Grade and Cross Slope. This section includes
the technical requirements for trail grade and cross slope.
Comment: Several respondents requested more specific guidance on
the distance between points of measurement when determining trail
grade, cross slope, and other trail features.
Response: The distance between points of measurement has not been
specified because it will vary greatly depending on the area being
evaluated for construction or alteration of a trail. When laying out
the flag line for construction or alteration of a trail, the trail
designer can best determine how frequently measurements need to be made
to obtain the needed level of detail, depending on the terrain, changes
in soil type, and other trail characteristics. Appendix A of the FSTAG
contains an overview of the FSTAG implementation process that may be
used when laying out flag line for construction or alteration of a
trail.
Section 7.3.2 Resting Interval. This section includes the technical
specifications for a resting interval, where one is required.
No comments were received on this section.
Section 7.3.3 Surface. This section includes the technical
requirements for trail surface.
Comment: All respondents who commented on the method for evaluating
a firm and stable surface in the FSTAG expressed strong support for the
practicality of the method.
Response: While the Forest Service supports the scientific approach
to the evaluation of a firm and stable surface, the agency also
recognizes that the expense of the equipment required for that approach
may be prohibitive. Therefore, trail designers must have a mental tool
to use to evaluate trail surface.
Comment: Several respondents expressed concern that a firm and
stable surface may not remain that way in all weather conditions.
Response: The FSTAG recognizes that various types of weather can
have a significant effect on trail surface. Page 19 of the FSTAG
states: ``Surface firmness should be determined and documented during
the planning process for the primary seasons for which a trail is
managed, under normally occurring weather conditions.'' If it is not
clear what those seasons are, the determination of surface firmness may
be based on the primary seasons for which similar trails in the area
are managed.
Comment: One respondent recommended adding to the examples of types
of actions that constitute maintenance the hardening of trail surfaces
under certain conditions, such as installation of a boardwalk in an
area that has become wet. The respondent believed that this addition
was needed to clarify that this type of work would not trigger
application of the FSTAG.
Response: The agency does not believe that this change is
necessary. The FSTAG specifically states that it applies only to trails
within the National Forest System that (1) are new or altered (an
alteration is a change in the original purpose, intent, or design of a
trail; (2) have a designed use of hiker/pedestrian under the ITDS and
Forest Service Trail Planning and Management Fundamentals; and (3)
connect directly to a currently accessible trail or to a trailhead.
Constructing a boardwalk over a wet area of a trail would not
constitute construction or alteration of a trail. Therefore, this type
of work would not trigger the FSTAG.
Section 7.3.4 Tread Width. This section includes the technical
requirements for tread width.
Comment: Several respondents were confused about the terms
``minimum tread width'' and ``minimum trail width.''
Response: The tread width is the width of a constructed trail. The
minimum tread width is the width of the useable part of the tread width
(i.e., that is not blocked by obstructions) at the narrowest point on a
trail. The tread width does not include usable area adjacent to the
constructed trail tread.
The trail width is the width of the trail tread and the adjacent
useable area. The minimum trail width is the width of the trail tread
and the adjacent useable area at the narrowest point on a trail. An
example of minimum trail width is where there is a rock outcropping on
both sides of a trail that narrows the width of the trail tread as well
as the adjacent useable area, and there is no way around the
obstruction.
Clear tread width is the width of the useable trail tread and
adjacent usable surface.
Comment: All except one respondent expressed support for the
FSTAG's approach to trail bridges, boardwalks, and puncheon.
Response: In accordance with the Forest Service Trail Planning and
Management Fundamentals, trail bridges, boardwalks, and puncheon are
constructed features of a trail and part of the trail tread. Therefore,
they must be constructed in accordance with the width and other
features of a trail. Thus, if a segment of a trail designed for hiker/
pedestrian use is subject to the FSTAG's technical provisions, the
trail bridges, boardwalks, and puncheon on that trail segment are also
subject to those provisions.
Section 7.3.5 Passing Space. This section includes the technical
specifications for passing space, where it is required.
No comments were received on this section.
Section 7.3.6 Tread Obstacles. This section includes the technical
specifications for allowable tread obstacles.
No comments were received on this section.
Section 7.3.7 Protruding Objects. This section includes the
technical requirements for clear headroom on a trail.
Comment: All respondents who commented on protruding objects
supported the exception to the requirement for clear headroom or a
warning barrier.
Response: The FSTAG requires that if the vertical clearance of a
trail is reduced to less than 80 inches because of a condition for
departure, a barrier to warn people who are blind or visually impaired
must be provided. However, the FSTAG also recognizes that in the
outdoor recreation environment there are some areas, such as pathways
through caves or specific types of trees, where the natural environment
precludes both 80 inches of clear headroom and placement of a warning
barrier. Therefore, the FSTAG allows an exception to these requirements
where a condition for departure prevents providing 80 inches of clear
headroom and installation of a warning barrier without changing the
character of the setting.
Section 7.3.8 Openings. This section includes the technical
specifications for allowable openings in the trail tread.
No comments were received on this section.
Section 7.3.9 Edge Protection. This section includes the technical
requirements for the height of edge protection provided along trail
tread.
Comment: All respondents who commented on the use of edge
protection strongly agreed with the approach taken in the FSTAG that it
should not be required for trails or tent pads and platforms.
[[Page 29300]]
Response: Under the FSTAG, edge protection, where provided, must be
at least 3 inches high. However, edge protection is not required. The
trail designer determines where edge protection should be provided for
safety and where it should be eliminated because it would preclude full
access. The FSTAG also provides for flexibility in determining the use
of edge protection because of concerns regarding accessibility of
trails and tent pads and platforms in general forest areas adjacent to
trails.
Section 7.3.10 Signs. This section requires posting information
signs at the trailhead of new or altered trails and trail segments that
fall into Trail Class 4 or 5 and trails that have been evaluated for
accessibility.
Comment: All respondents strongly supported the requirement to post
information signs at the trailhead of new or altered trails and trail
segments that fall into Trail Class 4 or 5 and trails that have been
evaluated for accessibility. One respondent recommended that the
requirements for information signs be extended to all trails.
Response: The Forest Service strongly supports providing trail
information that is useful to all visitors. Providing information about
the typical and maximum trail grade, typical and maximum cross slope,
typical and minimum tread width, surface type and firmness, and
obstacles helps visitors choose their own hiking experience. While it
would be desirable to post this information at the trailhead of all
trails, the Forest Service cannot require this type of signage at this
time.
Appendices. The appendices provide additional information to assist
trail designers and managers in determining when and how to apply the
FSTAG.
Comment: Several respondents requested inclusion in the FSTAG of
the ITDS and Forest Service trail class chart and related information.
Response: In response to these requests, the Forest Service has
added the ITDS and Forest Service trail class chart and related
information as an appendix to the FSTAG.
3. Regulatory Certifications
Environmental Impact
Section 31.12, paragraph 2, of Forest Service Handbook (FSH)
1909.15 (67 FR 54622, August 23, 2002) 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 concludes
that this amendment 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 amendment 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 amendment is significant because of its
relationship to the accessibility guidelines to be established by the
Access Board. Accordingly, this amendment has been reviewed by OMB
pursuant to Executive Order 12866. A cost and benefits analysis of this
action was developed and is available at http://www.fs.fed.us/programs/recreation/accessibility.
The remaining portions of the proposed
amendment, which addressed other aspects of the agency's accessibility
program not related to the accessibility guidelines, were not deemed
significant by OMB and were issued as a final interim directive on July
13, 2005.
Moreover, this amendment has been considered in light of the
Regulatory Flexibility Act (5 U.S.C. 602 et seq.). It has been
determined that this amendment will not have a significant economic
impact on a substantial number of small entities as defined by the act
because the amendment will not impose record-keeping requirements on
them; it will not affect their competitive position in relation to
large entities; and it will not affect their cash flow, liquidity, or
ability to remain in the market. The amendment will establish
accessibility guidelines that will apply internally to the Forest
Service and that will have no direct effect on small businesses. No
small businesses have been awarded contracts for construction or
reconstruction of recreation facilities covered by these accessibility
guidelines.
No Takings Implications
This amendment has been analyzed in accordance with the principles
and criteria contained in Executive Order 12630. The agency has
determined that this amendment does not pose the risk of a taking of
private property.
Civil Justice Reform
This amendment has been reviewed under Executive Order 12988 on
civil justice reform. After adoption of this amendment, (1) all State
and local laws and regulations that conflict with this amendment or
that impede its full implementation will be preempted; (2) no
retroactive effect will be given to this amendment; and (3) it will 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 amendment on State,
local, and Tribal governments and the private sector. This amendment
will 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 amendment under the requirements of
Executive Order 13132 on federalism and has made an assessment that the
amendment conforms with the federalism principles set out in this
Executive Order; will not impose any compliance costs on the States;
and will 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 amendment 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 amendment 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
amendment does not constitute a significant energy action as defined in
the Executive Order.
Controlling Paperwork Burdens on the Public
This amendment does not contain any record-keeping or reporting
requirements or other information collection requirements as defined in
5 CFR 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
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its implementing regulations at 5 CFR part 1320 do not apply.
Dated: April 10, 2006.
Dale N. Bosworth,
Chief, Forest Service.
[FR Doc. E6-7753 Filed 5-19-06; 8:45 am]
BILLING CODE 3410-11-P