[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR254.2]

[Page 80-81]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 254_POSTAL SERVICE STANDARDS FOR FACILITY ACCESSIBILITY PURSUANT 
 
Sec.  254.2  Definition of primary function area and criteria used to 

determine whether an alteration has an effect on an area containing a 
primary function 
          that is disproportionate to the overall alterations.

    (a) Terminology. The new accessibility guidelines require that 
certain terms be defined by the participating federal agencies. In the 
U.S. Access Board's 36 CFR part 1191, Appendix C, ABA chapter 2, section 
F202.6.2 requires that ``primary function areas'' be defined and Section 
F202.4 contains requirements for alterations affecting ``primary 
function areas'' stating, ``* * *an alteration that affects or could 
affect the usability of or access to an area containing a primary 
function shall be made so as to ensure that, to the maximum extent 
feasible, the path of travel to the altered area, including the rest 
rooms, telephones, and drinking fountains serving the altered area, are 
readily accessible to and usable by individuals with disabilities, 
unless such alterations are disproportionate to the overall alterations 
in terms of cost and scope as determined under criteria established by 
the Administrator of * * * the United States Postal Service.''
    (b) Primary function areas. For purposes of this part, the primary 
function of the Postal Service is to provide mail service for its 
customers, that is to accept, distribute, transport and deliver the 
mail. Two essential facilities for fulfilling these functions are 
customer lobby areas where customers conduct their retail transactions, 
access mail depositories and post office boxes and work room areas where 
postal employees distribute the mail and perform other core postal 
operations. Therefore, for purposes of the accessibility guidelines 
applicable to the Postal Service under the Architectural Barriers Act, 
two primary function areas are identified: Customer Lobbies and Workroom 
Areas.
    (c) Disproportionality. (1) According to Section F202.6.2, 
``alteration'' of elements in a primary function area can trigger a 
requirement to make accessibility improvements along the path of travel 
to the area and improvements to rest rooms, telephones, and drinking 
fountains that serve the altered area if the alteration ``affects or 
could affect the usability of or access to an area containing a primary 
function.'' It is conceivable that almost any repair or alteration 
project in a ``primary function area'' could affect the usability of the 
area. Therefore a literal interpretation of this provision could require 
an expansion of the scope of virtually any alteration in a primary 
function area, regardless of the size and scope of the original project. 
According to Section F202.6.2, accessibility improvements must be made 
to the path of travel to the altered area and to rest rooms, telephones, 
and drinking fountains that serve the altered area ``unless such 
alterations are disproportionate to the overall alterations in terms of 
cost and scope''.
    (2) For purposes of the accessibility guidelines applicable to the 
Postal Service under the Architectural Barriers Act, two criteria must 
be considered in making a determination whether accessibility 
improvements are disproportionate to the cost and scope of the original 
alteration: a magnitude threshold for the original alteration and a 
maximum ``percentage threshold'' for the accessibility alteration.
    (d) Magnitude threshold. It is anticipated that, in most cases, a 
significant additional effort would be required to assess physical 
conditions along the path of travel and for rest rooms, telephones, and 
drinking fountains that serve the altered area, and to determine the 
scope, budget and appropriate design requirements for any corrective 
alterations. Unless the original alteration is of substantial magnitude, 
a disproportionate effort would be devoted to such investigation, 
design, and administration leaving few, if any funds to accomplish 
corrective work. Accordingly, a ``magnitude threshold'' is established 
such that no accessibility improvements to the path of travel, nor to 
any associated facilities, shall be required under F202.6.2 for 
alterations that have an estimated total cost less than 20 percent of 
the fair market value of the facility.

[[Page 81]]

    (e) Percentage threshold. For alterations subject to F202.6.2 that 
meet or exceed the ``magnitude threshold,'' the maximum cost for 
accessibility improvements to the path of travel, including all costs 
for accessibility improvements to rest rooms, telephones, and drinking 
fountains that serve the altered area, shall not exceed 20 percent of 
the total cost of the original alteration. Costs for accessibility 
improvements in excess of the 20 percent threshold shall be deemed 
``disproportionate.''