[Federal Register: June 20, 2007 (Volume 72, Number 118)] [Proposed Rules] [Page 34073-34155] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr20jn07-41] [[Page 34073]] ----------------------------------------------------------------------- Part II Architectural and Transportation Barriers Compliance Board ----------------------------------------------------------------------- 36 CFR Part 1195 Architectural Barriers Act (ABA) Accessibility Guidelines for Outdoor Developed Areas; Proposed Rule [[Page 34074]] ----------------------------------------------------------------------- ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD 36 CFR Part 1195 [Docket No. 2007-02] RIN 3014-AA22 Architectural Barriers Act (ABA) Accessibility Guidelines for Outdoor Developed Areas AGENCY: Architectural and Transportation Barriers Compliance Board. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Architectural and Transportation Barriers Compliance Board (Access Board) is proposing to issue accessibility guidelines for outdoor developed areas designed, constructed, or altered by Federal agencies subject to the Architectural Barriers Act of 1968. The guidelines cover trails, outdoor recreation access routes, beach access routes, and picnic and camping facilities. DATES: Comments should be received by October 18, 2007. The Access Board will hold hearings on July 24, 2007 from 2 p.m. until 5 p.m. and on September 6, 2007 from 2 p.m. until 5 p.m. ADDRESSES: You may submit comments, identified by Docket No. 2007-02, by any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. E-mail: outdoor@access-board.gov. Include Docket No. 2007- 02 in the subject line of the message. Fax: (202) 272-0081. Mail or Hand Delivery: Office of Technical and Information Services, Architectural and Transportation Barriers Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-1111. All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to http://www.access-board.gov, including any personal information provided. Comments will also be available for inspection at the above address from 9 a.m. to 5 p.m. on regular business days. The hearing on July 24, 2007 will be held at the Westin Westminster, 10600 Westminster Boulevard, Westminster, CO 80020; the hearing on September 6, 2007 will be held at the Madison Hotel, 1177 Fifteenth Street, NW., Washington, DC 20005. FOR FURTHER INFORMATION CONTACT: Bill Botten, Office of Technical and Information Services, Architectural and Transportation Barriers Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004- 1111. Telephone number (202) 272-0014 (Voice); (202) 272-0082 (TTY). These are not toll-free numbers. E-mail address: botten@access- board.gov. SUPPLEMENTARY INFORMATION: Availability of Copies and Electronic Access Single copies of this publication may be obtained at no cost by calling the Access Board's automated publications order line (202) 272- 0080, by pressing 2 on the telephone keypad, then 1 and requesting publication S-65 (Outdoor Developed Areas Notice of Proposed Rulemaking). Please record your name, address, city, State, zip code, telephone number and request publication code S-65. Persons using a TTY should call (202) 272-0082. This document is available in alternate formats upon request. Persons who want this publication in an alternate format should specify the type of format (cassette tape, Braille, large print, or ASCII disk). This document is also available on the Board's Web site (http://www.access-board.gov). Background The Architectural and Transportation Barriers Compliance Board (Access Board) is responsible for developing accessibility guidelines to ensure that new construction and alterations of facilities subject to the Americans with Disabilities Act of 1990 and the Architectural Barriers Act of 1968 are readily accessible to and usable by individuals with disabilities. The Americans with Disabilities Act applies to State and local government facilities, places of public accommodation, and commercial facilities. The Architectural Barriers Act applies to federally financed facilities. The Access Board has developed accessibility guidelines for buildings and various other facilities subject to the Americans with Disabilities Act and the Architectural Barriers Act. The Access Board recently revised the Americans with Disabilities Act and the Architectural Barriers Act Accessibility Guidelines in 2004. 69 FR 44084 (July, 23, 2004). The revised accessibility guidelines are codified at 36 CFR Part 1191, Appendices A through E, and are available at the Access Board's Web site (http://www.access-board.gov/ada-aba/final.htm ). The revised accessibility guidelines include scoping and technical provisions for several types of recreation facilities, including recreational boating facilities, fishing piers and platforms, golf facilities, play areas, and swimming pools. However, the revised accessibility guidelines do not address access to such outdoor developed areas as trails, beaches, and picnic and camping facilities. The Access Board convened a Recreation Access Advisory Committee in 1993 as the first step in developing accessibility guidelines for outdoor developed areas and other recreation facilities. The advisory committee presented its report in 1994, and the Access Board issued an Advance Notice of Proposed Rulemaking (ANPRM) the same year requesting public comment on the committee's recommendations. 59 FR 48542 (September 21, 1994). The public comments revealed a lack of consensus on some major issues regarding outdoor developed areas. The Access Board subsequently established a regulatory negotiation committee in 1997 to propose accessibility guidelines for outdoor developed areas.\1\ Regulatory negotiation is a supplement to the traditional rulemaking process that allows for face to face negotiations among representatives of affected interests, including the agency, with a goal of reaching consensus on a proposed rule. The proposed rule is then published in the Federal Register and the public has an opportunity to comment. Based on public comments received, the final rule may differ from the proposed rule. The regulatory negotiation committee reached consensus on proposed accessibility guidelines for outdoor developed areas, and presented its report to the Access Board in 1999. The regulatory negotiation committee's report is available at the Access Board's Web site (http://www.access-board.gov/outdoor/outdoor-rec-rpt.htm ). --------------------------------------------------------------------------- \1\ The following organizations were represented on the regulatory negotiation committee: American Society of Landscape Architects; American Camping Association; American Trails; Appalachian Trail Conference; Association of Blind Athletes; Hawaii Commission on Persons with Disabilities; KOA, Inc.; National Association of State Park Directors; National Association of State Trail Administrators; National Center on Accessibility; National Council on Independent Living; National Recreation and Park Association; National Spinal Cord Injury Association; New York State Department of Environmental Conservation; Paralyzed Veterans of America; Partners for Access to the Woods; Rails to Trails Conservancy; State of Washington, Interagency Committee for Outdoor Recreation; TASH; U.S. Army Corps of Engineers; U.S. Department of Agriculture, Forest Service; U.S. Department of Interior, National Park Service; U.S. Department of Transportation, Federal Highway Administration; U.S. Access Board; and Whole Access. --------------------------------------------------------------------------- Federal agencies are required to assess the impacts of proposed rules and final rules, and prepare detailed analyses of [[Page 34075]] the costs and benefits of the rules if the impacts are economically significant.\2\ Sufficient data is not presently available for the Access Board to assess the impacts of the proposed accessibility guidelines for outdoor developed areas on State and local governments and private entities. Consequently, the Access Board has decided to limit this proposed rule to outdoor developed areas designed, constructed, or altered by Federal agencies subject to the Architectural Barriers Act. At a future date, when an assessment of the impacts on State and local governments and private entities can be prepared, the Access Board will conduct a separate rulemaking for outdoor developed areas subject to the Americans with Disabilities Act. --------------------------------------------------------------------------- \2\ A rule is considered economically significant if it may have ``an annual effect on the economy of $100 million or more, or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities.'' Executive Order 12866, section (f)(1). --------------------------------------------------------------------------- The proposed rule will primarily affect the following Federal land management agencies and their components: Department of Agriculture (Forest Service); Department of Interior (National Park Service, Fish and Wildlife Service, Bureau of Land Management, and Bureau of Reclamation), and Department of Defense (Army Corps of Engineers). In May 2006, the Forest Service published a notice of a final directive that requires compliance with the Forest Service Outdoor Recreation Accessibility Guidelines (FSORAG), 71 FR 29288 (May 22, 2006), and the Forest Service Trail Accessibility Guidelines (FSTAG) 71 FR 29294 (May 22, 2006). The FSORAG and FSTAG provide accessibility direction for outdoor developed recreation areas in the National Forest System. When the Board finalizes its accessibility guidelines for outdoor developed areas, the Forest Service will revise the FSORAG and FSTAG as needed to incorporate the Board's guidelines. The proposed accessibility guidelines in the regulatory negotiation committee's report followed the format and numbering system of the Americans with Disabilities Act Accessibility Guidelines that was initially issued by the Access Board in 1991. As indicated earlier, the Access Board revised the Americans with Disabilities Act and the Architectural Barriers Act Accessibility Guidelines in 2004. The revised accessibility guidelines use a new format and numbering system. The proposed rule follows the new format and numbering system of the revised accessibility guidelines. The proposed rule has also been edited to conform to the style of the revised accessibility guidelines. The substance of the proposed rule is the same as in the regulatory negotiation committee's report. The proposed rule is presented as a ``stand alone'' document. The proposed rule consists of four chapters. Chapter T1 contains general provisions. Chapter T2 contains scoping provisions for trails, outdoor recreation access routes, beach access routes, picnic and camping facilities, and elements associated with those facilities. Chapter T3 contains technical provisions that are unique to the items scoped in Chapter T2. Chapter T4 contains supplementary technical provisions that are common to all facilities such as turning space, reach ranges, operable parts, and doors, and are also applicable to the items scoped in Chapter T2. Chapter T4 also adapts the technical provisions for toilet facilities to apply to pit toilets. Facilities and elements such as visitor centers, parking lots, plumbed toilets and bathing facilities, drinking fountains, recreational boating facilities, and fishing piers and platforms that are covered by the Architectural Barriers Act Accessibility Guidelines issued in 2004 are not included in this proposed rule. A provision has been added to Chapter T2 (T201.4) requiring facilities and elements covered by the Architectural Barriers Act Accessibility Guidelines to comply with those guidelines. The Board invites comment on the format of the proposed rule and other format recommendations for the final rule. Access Board Questions The Board requests comments on the following questions related to the accessibility guidelines proposed by the Regulatory Negotiation Committee. Question 1: The Board acknowledges the difficulty in reaching consensus on proposed accessibility guidelines for newly constructed and altered trails and appreciates the hard work of the regulatory negotiation committee. Throughout the committee's deliberations, several alternative approaches to addressing trail accessibility were considered. Some of the approaches considered and rejected included applying different provisions to ``front'' country and ``back'' country trails; general exemptions from accessibility in some areas; different provisions based on levels of development; and requiring only a certain percentage of new trails to be accessible. A summary of the committee's deliberations on these approaches is included in the preamble under the section on trails (T203). The committee reached consensus on the approach presented in this proposed rule. Should the approaches that were rejected be reconsidered? Are there other approaches the Board should consider? If so, please provide information on how the alternative approaches would be applied and their rationale. Question 2: The proposed guidelines include conditions for exceptions from the technical provisions (T302). Condition 4 permits specific exceptions to the technical provisions for trails where compliance would not be feasible due to terrain or prevailing construction practices. The term ``not feasible'' is used in Condition 4 to specify what is ``reasonably do-able.'' It does not refer to the technical infeasibility or possibility of full compliance with the technical provisions. Should the word ``practicable'' also be used in this condition? That is, are there situations where it would be ``reasonably do-able'' to comply with the guidelines, but it is not ``practicable'' to do so? Should there be more guidance for determining what is or is not feasible or practicable in applying Condition 4? If so, what type of guidance should be provided? Should the guidance give specific examples of situations where certain provisions such as maximum running slope may not be feasible or practicable for a portion of a trail? Question 3: A newly constructed trail that complies with the technical provisions for trails would be considered an accessible trail and is required to display a symbol designating the trail as accessible. The committee did not reach consensus on what symbol should be displayed on the sign. Some suggested that the International Symbol of Accessibility that is used to designate accessible features in buildings was not appropriate to designate accessible trails because the technical provisions for trails differ from the technical provisions for accessible routes in buildings, and using the International Symbol of Accessibility for accessible trails may convey the message that accessible trails meet the same technical provisions as accessible routes in buildings. Others suggested that the International Symbol of Accessibility be paired with the International Hiker Symbol. Comments on this suggestion or other suggested symbols are welcome. The committee also recommended that trail signs provide detailed information about the trails' running [[Page 34076]] slope, width, cross slope, and other characteristics. This would enable people to make informed decisions about using trails based on the characteristics of the trails. On the other hand, it was noted that this approach might result in signs that would be too elaborate and complicated, and some hikers might not be able to distinguish between the various characteristics to make appropriate choices. The Board requests comment on this issue. Information is provided in the advisory note to T321.2 showing examples of signs and other details. Question 25 also requests further comment on trail signage. Question 4: The committee proposed that a beach access route be required where pedestrian routes are provided to or along the edge of a beach. Several exceptions to this general requirement are included in the proposed rule. Section T205.2.3 Exception 6 provides an exception for pedestrian routes that are developed along the edge of an existing beach, such as a boardwalk. Under this exception, beach access routes would not be required if the pedestrian route or boardwalk is elevated 6 inches or higher above the beach surface. The Board is concerned that this exception will not provide sufficient access for persons with disabilities, especially where lengthy elevated boardwalk systems are provided. In view of this, the Board requests comments on whether a higher threshold than 6 inches should be used. Question 5: The proposed rule requires beach access routes to be a minimum of 36 inches in width. Should this width be increased? When beach access routes are less than 60 inches in width, a passing space of 60 inches by 60 inches would be required every 200 feet. Should the passing space be larger? Should passing spaces be provided more frequently than every 200 feet? The Board is interested in information from designers or operators who have provided beach access routes. Question 6: The proposed rule requires beach access routes to extend to the water. The Board requests comments on whether beach access routes should connect managed elements and spaces often located on a beach such as beach volleyball courts, first aid stations, beach rental equipment facilities, and concession stands. Question 7: The proposed rule (T308.3) requires the height of the cooking surface of a grill to be 15 inches minimum to 34 inches maximum above the floor or ground surface. Is the 15 inch minimum height too low? If so, what dimension should be used and why? Question 8: The number of picnic tables, grills, benches, and other elements required to be accessible in this proposed rule is based on what is provided in an area. While no definition of area is provided, several examples are included in the advisory note to T206.2.2 to give guidance on what is intended. Areas may be ``designated locations'', separated and identified by a name or connected to a separate entrance road. Areas may also be separated and include different settings on the same site. For example, a picnic area located next to a lake in a park is considered a separate picnic area from a pavilion with numerous picnic tables within the same park. Does the term ``area'' need to be defined? If so, please provide a recommended definition. Question 9: Extensive information is included in the advisory note to T303.3 (Table A) on the degree of firmness and stability of a trail surface. The Board is seeking comment on whether the recommendations for the degree of surface firmness and stability should be based on the length of travel, the intended use, or the direction of traffic. For example, surfaces that are moderately firm or stable may be appropriate in areas where a cushioned surface is preferred (e.g., for a multi-use trail that includes equestrians). The Board requests comment on the concept of having a range of requirements for what will qualify as firm and stable. For example, is it acceptable for a trail under .5 miles in length to be only ``moderately'' firm? Is it acceptable for a trail less than .1 miles in length to be only ``moderately'' firm and ``moderately'' stable? Further, is it appropriate to consider a surface firm if the wheel of a wheelchair sinks into it by .5 inch? And, is it appropriate to measure both firmness and stability by the same wheelchair penetration test? While this information is only advisory, the Board requests comments on whether it should be included in the advisory at all. Question 10: Should the number of required accessible outdoor elements such as picnic tables, fire rings, and benches be increased from the scoping provisions in Chapter T2? In most cases, 50% of the elements provided are required to be accessible. Of those elements required to be accessible, 40% are also required to be connected by an outdoor recreation access route. The Board is interested in comments and alternatives to the scoping provisions for these elements. Question 11: The guidelines issued by the Board in 2004 include changes to the technical provisions for reach ranges. The high side reach was changed from 54 inches to 48 inches maximum. Additionally, the low reach was changed from 9 inches to 15 inches minimum. These revised reach range provisions are included in Chapter T4. However, the proposed low reach for the fire building surface on fire rings was unchanged. The Board did not modify this provision since the regulatory negotiation committee specifically addressed the 9 inch minimum for this element. The Board is interested in comment on the application of the revised reach ranges to the various controls and operating mechanisms addressed in this proposed rule. General Issues The remainder of the preamble is from the report of the Regulatory Negotiation Committee. Alterations and Maintenance Alterations and maintenance of trails were discussed extensively by the committee. As a result of these discussions, guidance in determining when actions would be considered ``maintenance'' or an ``alteration'' was needed. Where actions are considered an alteration, certain technical provisions will apply. There are no obligations to follow any technical provisions where the actions are considered maintenance or repair. Routine or periodic maintenance or repair of existing trails or trail segments is exempt from scoping and technical provisions for accessible trails. Maintenance and repair is performed to return a trail or trail segment back to the standards or conditions to which it was originally designed and built. In outdoor environments, the ability to maintain a facility is generally more limited, occurring relatively infrequently, except in highly developed areas. This type of work is not an alteration; it does not change the original purpose, intent, or design of the trail. The act of maintenance and repair includes, but is not limited to: Removal of debris and vegetation such as downed trees or broken branches in the trailway, clearing a trail of encroaching brush or grasses, and removing rock slides; Maintenance of the trail tread such as filling ruts and entrenchments, reshaping trail beds, repairing trail surfaces and washouts; installing rip rap (rock placed to retain cut and fill slopes), and constructing retaining walls or cribbing to support the trail tread; Erosion control and drainage, replacing or installing necessary drainage structures such as drainage dips, water bars, or culverts, and [[Page 34077]] realigning sections of trail to deter erosion or avoid boggy or marshy areas; and Repair of trail or trailhead structures, including replacing deteriorated, damaged, or vandalized parts of structures such as sections of bridges, boardwalks, information kiosks, fencing, railings, and painting or removing graffiti. Where practicable and feasible, resource managers are encouraged to maximize the opportunity to improve accessibility on trails through trail maintenance and repair activities. Every time a trail is maintained, the opportunity to improve access is present. Question 12: The committee recognized that the distinction between alterations and maintenance activities is as critical to picnic areas, campgrounds, and beaches as it is to trails. Although the previous discussion specifically refers to trails, the examples could be extrapolated to include other outdoor elements. How should alteration and maintenance activities be defined for picnic areas, campgrounds, and beaches, including outdoor recreation access and beach access routes? Question 13: Should there be different construction tolerances for the outdoor environment? For example, should the construction tolerances be greater with respect to trails, picnic areas, camping facilities, and beach access routes than interior accessible routes? If so, how should those tolerances be defined? Relationship Between Use of All Terrain Vehicles (ATVs) and the Proposed Accessibility Guidelines for Trails During the committee deliberations, some individuals expressed concern that applying the proposed accessibility guidelines to trails in the ``back country'' or lesser developed portions of outdoor recreation areas would make it more difficult for public land managing agencies to appropriately manage the use of all terrain vehicles (ATVs) and off highway vehicles (OHVs) in these areas. One concern was that requiring land managing agencies to consider making trails in lesser developed areas accessible according to the proposed guidelines would make it more difficult to control and restrict where these types of devices may be used. The proposed guidelines for trails address their design, construction, and alteration in the same manner that other accessibility provisions address fixed facilities. They are similarly based on the dimensions and use patterns of those assistive devices commonly referenced throughout the Board's guidelines. While in the outdoor environment it may be possible to encompass a wider variety of mobility enhancing equipment, the necessity of protecting the environment and maintaining the appropriateness of the setting might exclude certain devices, particularly ATVs or OHVs. That decision is reserved for the administrative agency or owner of the affected property and is beyond the scope of these guidelines. Trails Used as Transportation Facilities (Shared Use Paths) Many trails are used as non-motorized transportation facilities. Users may include bicyclists and skaters as well as pedestrians. These accessibility guidelines apply to these trails. However, bicyclists and skaters have design needs which exceed the minimum guidelines for trails. A trail designed only to meet the proposed accessibility guidelines for trails may not be adequate, and possibly hazardous for bicyclists or skaters. The primary design guide for bicycle and shared use facilities is the ``Guide for the Development of Bicycle Facilities'' from the American Association of State Highway and Transportation Officials (AASHTO), 1999. The AASHTO Guide defines a ``shared use path'' as a facility on exclusive right-of-way and minimal cross flow by motor vehicles. Users generally include bicyclists, skaters, and pedestrians. (In areas with heavy snow, shared use paths may be used by cross- country skiers or snowmobilers.) A summary of how the AASHTO Guide relates to the proposed accessibility guidelines for trails is provided. In most cases, the AASHTO Guide requires a greater level of accessibility when designing trails for pedestrians, including bicyclists and skaters. Shared use paths provide non-motorized transportation connections between neighborhoods and communities. They may be along old railroad corridors or rivers, or pass through parks. Shared use paths are usually separated from adjoining roadways or streets either by distance or a barrier, and are usually distinct from sidewalks. They generally have relatively few driveways or street crossings. A summary of how the AASHTO Guide relates to the proposed accessibility guidelines for trails is included below. Trails designed for recreational use by mountain bicyclists are not expected to meet AASHTO Guidelines. Comparison of American Association of State Highway and Transportation Officials (AASHTO) Guidelines for Bicycle Facilities and the Proposed Guidelines for Trails ------------------------------------------------------------------------ AASHTO guide for the Outdoor developed areas accessibility development of bicycle guidelines facilities ------------------------------------------------------------------------ T303.3 Surface: Firm and stable........ Bicycles need the same firmness and stability as wheelchairs; skaters usually require a smooth, paved surface. Most shared use paths are paved, although crushed aggregate surfaces are used on some paths. T303.4 Clear Tread Width: 36 inches (3 Shared use paths usually feet; 915 mm); exception for 32 inches require a minimum 3 meter (10 (815 mm). foot) width, plus a 0.6 meter (2 foot) safety buffer on both sides. A 2.4 m (8 foot) width may be allowed in low use facilities. Posts or bollards installed to restrict motor vehicle traffic should be spaced 1.5 m (5 feet) apart. Posts or bollards should be brightly painted and reflectorized for visibility. When more than one post is used, use an odd number, with one on the centerline to help direct opposing traffic. T303.5 Openings (Gaps): To prevent The AASHTO Guide does not wheelchair wheels and cane tips from specify a maximum dimension being caught in surface openings or for a surface opening, but gaps, openings in trail surfaces shall openings should be minimized. be of a size which does not permit Openings should not permit a passage of a \1/2\ inch (13 mm) bicycle wheel to enter. Grates diameter sphere; elongated openings should be flush with the must be perpendicular or diagonal to surface, and elongated the direction of travel; exception to openings should be permit parallel direction elongated perpendicular to the direction openings if openings do not permit of travel (diagonal openings passage of a \1/4\ inch (6 mm) sphere; are more difficult for second exception to permit openings bicyclists to negotiate). which do not permit passage of a \3/4\ Where openings are inch (19 mm) sphere. unavoidable, they should be clearly marked. [[Page 34078]] T322.1 Protruding Objects:T405 provide Protruding objects should not a warning if vertical clearance is exist within the clear tread less than 80 inches (2030 mm). width of a shared use path. Vertical clearance on shared use paths should be a minimum of 3 m (10 feet) or the full clear width including safety buffers. Where vertical barriers and obstructions, such as abutments, piers, and other features are unavoidable, they should be clearly marked. T303.6 Tread Obstacles (Changes in Tread obstacles are hazardous level, roots, rocks, ruts): Up to 2 to bicyclists and skaters. The inches (50 mm); exception up to 3 surface of a shared use path inches (75 mm). should be smooth and should not have tread obstacles. T303.7 Passing Space: At least 60 Shared use paths should have a inches (1525 mm) width within 1,000 minimum clear width of 3 m (10 foot (300 m) intervals. Advisory feet); exception for 2.4 m (8 recommends more frequent intervals for feet). some trail segments. T303.8.1 Cross Slope: 1:20 (5%) For drainage, shared use paths maximum; exceptions for open drains up should have a minimum 2 to 1:10 (10%). percent (1:50) cross slope on a paved surface. On unpaved shared use paths, particular attention should be paid to drainage to avoid erosion. Curves on shared use paths may require super elevation beyond 2% (1:50) for safety reasons. The Guide suggests limited cross slope for accessibility reasons. T303.8.2 Running Slope: 1:20 (5%), any Running slopes on shared use length; 1:12 (8.33%), for up to 200 paths should be kept to a feet; 1:10 (10%), for up to 30 feet; minimum; grades greater than 5 1:8 (12.5%), for up to 10 feet. No percent are undesirable. more than 30% of the total trail Grades steeper than 3 percent length shall exceed 1:12. may not be practical for shared use paths with crushed stone or other unpaved surfaces. Where terrain dictates, grade lengths are recommended as follows: < 5% (< 1:20), any length; 5-6% (1:20-16.7), for up to 240 m (800 feet); 7% (1:14.3), for up to 120 m (400 feet); 8% (1:12.5), for up to 90 m (300 feet); 9% (1:11.1), for up to 60 m (200 feet); 10% (1:10), for up to 30 m (100 feet); 11+% (1:9.1), for up to 15 m (50 feet). T303.9 Resting Intervals: Size: 60 inch The Guide does not address (1525 mm) length, at least as wide as resting intervals. the widest trail segment adjacent to the rest area. Less than 1:20 (5%) slope in all directions. Resting areas are required where trail running slopes exceed 1:20 (5%), at intervals no greater than the lengths permitted under running slope (see T302.6.2 above). T303.10 Edge Protection: Where The Guide does not address edge provided, 3 inch (75 mm) minimum protection. Some kinds of edge height. Handrails are not required. protection may be hazardous to bicyclists and skaters. The Guide has minimum railing height recommendations when needed for safety reasons. T222 Trail Signs: Accessible trails Guidance on signing and marking require designation with a symbol of is provided in the Manual on accessibility, and information on Uniform Traffic Control total length of the accessible Devices (MUTCD), incorporated segment. No traffic control sign by reference as a Federal information. regulation (23 CFR 655.601). A proposed amendment for Part 9 (Traffic Controls for Bicycle Facilities) was published in the Federal Register on June 24, 1999 (64 FR 33802). ------------------------------------------------------------------------ The ``Guide for the Development of Bicycle Facilities'' is available through the American Association of State Highway and Transportation Officials (AASHTO), 444 North Capitol Street, NW., Suite 249, Washington, DC 20001, (202) 624-5800, fax (202) 624-5806, https:// bookstore.transportation.org/ Section-by-Section Analysis This section of the preamble contains a summary of the proposed accessibility guidelines for trails, outdoor recreation access routes, beach access routes, and picnic and camping facilities. The text of the proposed rule follows this section. Chapter T1: Application and Administration This chapter states general principles that recognize the purpose of the guidelines (T101), modification and waivers (T102), conventions (T103), and definitions (T104). T102 Modifications and Waivers The Architectural Barriers Act (ABA) authorizes certain agencies to grant a modification or waiver from the scoping and technical provisions upon a case-by-case determination. T103 Conventions All dimensions not stated as a ``maximum'' or ``minimum'' are absolute and are subject to conventional industry tolerances except where a range is provided. Rules are provided for calculations of percentages. T104 Definitions Definitions for ``alterations'' and ``facility'' have been added by the Board to this proposed rule and are based on definitions in the Architectural Barriers Act Accessibility Guidelines issued in 2004. The other definitions are from the regulatory negotiation committee's report. The definition of ``beach access route'' and ``designated trailhead'', ``outdoor recreation access route'', and ``tread width'' are included as a part of the final report. The term ``beach access route'' is defined as a continuous unobstructed path designated for pedestrian use that crosses the surface of the beach. Beaches can be found in three general aquatic environments: coastal areas, along rivers, and along lakes and ponds. Although the term ``beach'' is not defined, the committee broadly considered this to include designated areas along a shore of a body of water providing pedestrian entry for the purposes of water play, swimming, or other water shoreline activities. A beach access route is a designated path and different from an area where entry into the water is possible, but not provided. [[Page 34079]] A beach access route is a pathway over the surface of the beach itself, not the route leading to the edge of the beach surface. When a beach is fronted by a park or other outdoor developed area, the route over the surface to the edge and beginning of the beach surface may be considered an outdoor recreation access route addressed by section T204. A ``designated trailhead'' is defined as a designated point of access that may contain parking areas, information kiosks, restrooms, water hydrants, and may be reached by vehicular or pedestrian access. A designated trailhead is a ``point of access'' to a trail intended for public use where information may be provided. The designated trailhead may include a vehicle parking area for the public to access the trail or may connect from a sidewalk or from a street or road in an area where pedestrian access from a nearby neighborhood may be expected. It does not include a junction between trails where there is no other access or a location where a trail crosses a road and public access from the road is not expected or is discouraged. It also does not include an access point not open to the public. An ``outdoor recreation access route'' is a continuous unobstructed path designated for pedestrian use that connects accessible elements within a picnic area, camping area, or designated trailhead. The term ``trail'' is defined as a route that is designed, constructed, or designated for recreational pedestrian use or provided as a pedestrian alternative to vehicular routes within a transportation system. A trail designed, constructed, or designated for pedestrian use may also have other uses, such as bicycling or in-line skating. It is recognized that pedestrians use all trails. However, these guidelines apply only to trails where travel on foot is one of the designated uses for which the trail was created. For example, a trail designated for mountain biking will not be considered a ``pedestrian trail'' whether or not pedestrians actually use the trail. However, a multi-use trail specifically designed and designated for hiking and bicycling would be considered a pedestrian trail. Trails include, but are not limited to, a trail through a forested park, a shared-use path, or a back country trail. Trails do not include pathways such as sidewalks, pathways in amusement parks, commercial theme parks, carnivals, or between buildings on college campuses. These exterior accessible routes are already covered by the Architectural Barriers Act Accessibility Guidelines issued in 2004. The accessibility guidelines for trails apply to those which are designed and constructed for pedestrian use. These guidelines are not applicable to trails primarily designed and constructed for recreational use by equestrians, mountain bicyclists, snowmobile users, or off-road vehicle (ORV) users, even if pedestrians may occasionally use the same trails. People use these categories of trails by means of transportation other than foot travel or personal mobility device. Design and construction requirements for equestrians, mountain bikes, ORVs, and snowmobiles are based on the specific requirements for the intended mode of transportation. For the safety of trail users, pedestrian use may not always be permitted on these trails in order to minimize conflicts between motorized and non-motorized recreation. These trails do not preclude use by a person with a disability since it is planned that all trail users would be using the one or more alternative means of transportation for which the trail is designed and constructed. The design and construction of pedestrian trails without consideration of these proposed guidelines, by contrast, could present barriers to some trail users because the intended use is by foot or personal mobility device. For these reasons, the committee intentionally limited the application of the proposed guidelines to pedestrian use trails. The definition used in these proposed guidelines is not the only definition used by trail designers and managers. Rather, it was developed to specifically define the scope of these guidelines. Additionally, it is intended that trails and side trails leading to elements related to the trail, such as campsites and restrooms, should meet the accessibility guidelines for trails, not outdoor recreation access routes. The term ``tread width'' is defined as the width of the usable trail tread measured perpendicular to the direction of travel and on or parallel to the surface of the usable trail tread. The minimum clear tread width is the narrowest measurement on the usable trail tread with respect to a specific trail segment. Clear tread width differs from clear width in that the latter is the amount of land potentially available for the trail. Chapter T2: Scoping Requirements Chapter T2 contains scoping provisions that specify which elements and spaces are required to comply with the technical requirements in Chapters T3 and T4. T201 Application This section provides that these guidelines apply to all newly designed and constructed trails, outdoor recreation access routes, beach access routes, and picnic and camping facilities and altered portions of existing trails that connect to an accessible trail or designated trailhead. The requirements apply to both permanent and temporary facilities. It is recognized that compliance with this section will not always result in facilities that will be accessible to all persons with disabilities. These guidelines recognize that often the natural environment will prevent full compliance with certain technical provisions. T202 Additions and Alterations to Existing Facilities This section requires that each addition to an existing facility comply with the requirements for new construction. T202.3 Alterations This section requires that where existing trails connecting to designated trailheads or accessible trails are altered, they shall comply with the requirements of Chapters T2 and T3. Committee members sought to limit the application of these guidelines where existing trails are not connected to a designated trailhead or an accessible trail. Further discussion is included under T203 Trails. The section also provides that where existing outdoor recreation access routes, beach access routes, and picnic and camping facilities are altered, each altered element or space must comply with the applicable requirements of Chapter T2. Additionally, an alteration is prohibited from decreasing or having the effect of decreasing the level of accessibility below the requirements for new construction or imposing a requirement for accessibility greater than that required for new construction. Exception 1 addresses the circulation path to an altered element or space. Where the circulation path to the altered element or space is not altered, an outdoor recreation access route is not required. Exception 2 addresses altered picnic and camping elements. Where picnic or camping elements are altered and the ground surface is not, the ground surface is not required to comply with provisions for clear space, surface slope, and accessible surfaces. T203 Trails This section requires that where trails connect to designated trailheads or accessible trails, they shall comply with T303. Where elements or spaces are [[Page 34080]] provided on trails complying with T303, they shall comply with the applicable requirements of Chapter T2. Committee members were concerned about the application of these proposed accessibility guidelines to new and altered trails connecting to portions of existing trails. They were concerned about the development of newly constructed trails connecting to an existing trail, where it was highly unlikely that the existing portion could ever be made accessible. They were specifically concerned about newly constructed and altered trails in the ``middle of nowhere''. To address this concern, section T203 clarifies that the technical provisions apply only to newly designed and constructed trails, and altered portions of an existing trail that connects to an accessible trail or a designated trailhead. Where new trails connect to an existing trail that is not accessible, the technical provisions do not apply. Additionally, the technical provisions do not apply where the new or altered portion is not connected to a designated trailhead. Section T203 also requires elements provided on trails to comply with the applicable requirements of Chapters T2 and T3. For example, if a bench is provided along a trail complying with T303, the bench must meet the applicable provisions of T313. Where elements are provided along trails, they are not required to be connected by an outdoor recreation access route. Question 14: Where trails are not accessible, the committee could not agree on whether elements such as benches, picnic tables, or toilet rooms located on a trail should be required to be accessible. For example, an element such as a picnic table may be located on a trail too steep to be accessible. The committee considered how future and existing technology will allow assistive devices to get over more difficult terrain. The committee discussed options to minimize scoping (e.g., one of each element) requirements or limit the requirement to certain elements such as sanitary facilities. Should elements located on inaccessible trails be required to be accessible? The committee considered many different approaches to developing accessibility guidelines for newly constructed and altered trails. Each approach balanced accessibility with the uniqueness of the outdoor environment. The following are examples of the approaches considered for trails throughout the committee's deliberations. Requiring a percentage of the miles of trails provided to be accessible. Using this approach, it was agreed that some trails, such as paved urban and suburban transportation routes, should usually be accessible. But the committee could not agree on the types of trails, other than the type mentioned above, that should be accessible and to what percent. The committee determined that this approach would be too arbitrary and too difficult to follow. Requiring a percentage of the total number of trails to be accessible. The committee could not agree on a percentage. A significant issue was the difficulty in separating existing trails and new trails when determining the total number of trails. Dividing trails into different categories (i.e., front country and back country) and requiring certain accessibility guidelines to be followed. The committee could not agree on the categories, nor could it agree that a trail in one category would always be different than a trail in another category. A concern was that only ``easy'' trails would be made accessible, thereby eliminating the ability for people with disabilities to use more difficult trails. Requiring a certain level of access dependent on the location of the trail in terms of the type of setting (i.e., highly developed, moderately developed, or minimally developed). Definitions must be agreed to and understood by the trails community, people with disabilities, and land management agencies that are a part of the Federal government. The committee could not find acceptable definitions for a ``settings'' approach. Committee members evaluated each approach through extensive discussion and analysis. Within each proposal, the committee weighed the balance between accessibility and the uniqueness of the outdoor environment. Trails are often designed for a certain experience, or for the user or types of use within the setting. Primitive or back country trails for example, are usually found in remote locations or in a natural state with limited development. Throughout the discussions, committee members were concerned that providing access would change the experience or result in a significant environmental impact. Even providing accessible trails in a highly developed setting raised concerns that all trails would begin to look alike. Committee members did not want the proposed guidelines to impede the creativity of planners or designers. As this discussion evolved, some concerns common to each approach arose regarding the potential impact on the natural environment. The committee attempted to clarify and define these concerns so that all involved could agree. The result is that section T302 defines four conditions where trail construction projects can depart from the technical provisions. This departure is allowed for the duration of the existence of the condition, or unless the condition is such that it makes it impractical to make the remainder of the trail accessible. When designed and constructed, an accessible trail is a trail that meets the technical provisions included within these proposed guidelines. It is also considered accessible where one of the exceptions within the technical provisions is used to address a specific condition. This is limited to certain exceptions, and does not include those that allow for departure from the entire provision based on the conditions in T302. T204 Outdoor Recreation Access Route An outdoor recreation access route is a continuous unobstructed path designated for pedestrian use that connects accessible elements within a picnic area, camping area, or designated trailhead. Outdoor recreation access routes do not include pathways such as sidewalks, pathways in amusement parks, visitor centers, commercial theme parks, or carnivals and between buildings on college campuses already addressed by the Architectural Barriers Act Accessibility Guidelines issued in 2004. Outdoor recreation access routes are required to connect elements required to be accessible. For example, where a cooking grill and a picnic table are provided in an accessible camp site, the outdoor recreation access route is required to connect these elements. Elements such as benches or picnic tables located along a trail, however, are not required to be connected by an outdoor recreation access route. At least one outdoor recreation access route must connect accessible elements and spaces within the area. Five exceptions are added to this provision. Elements located on trails are not required to be connected by an outdoor recreation access route. Where multiple picnic tables, fire rings, cooking surfaces or benches are provided, at least 40 percent (of the accessible elements), but not less than two, must be located along an outdoor recreation access route. For example, if ten picnic tables are provided in a picnic area, T206.2.2 requires five tables to be accessible. Of the five tables required to be accessible, 40 percent, or two, would need to be located along an outdoor recreation access route. In the outdoor recreation environment, the natural terrain often [[Page 34081]] presents a real obstacle. Although this would not affect the accessibility of elements such as picnic tables and fire rings, it could impact getting to them. The committee realized that in many areas, it might not be possible to locate all accessible elements along an outdoor recreation access route. Rather than decreasing the number of accessible elements, the decision was made to reduce the scoping for outdoor recreation access route connections. While some committee members wanted all accessible elements to be located along an outdoor recreation access route, other committee members felt that would be unrealistic in the outdoor environment given constraints of the natural terrain. The committee finally reached consensus on requiring 40 percent of the accessible elements to be located along the outdoor recreation access route. T205 Beach Access Routes Section T205.2 addresses the location of beach access routes. Beach access routes shall coincide with or be located in the same area as general circulation paths. The proposed accessibility guidelines for beaches include two scoping provisions. Section T205.2 addresses new beaches and section T205.3 addresses existing beaches. A ``new beach'' refers to sites where a beach is created through the importation of sand or other beach surface to create a new beach where none previously existed. The proposed guidelines treat ``new beaches'' differently from ``existing beaches''. A beach access route is required in new construction. The committee agreed that the opportunity to provide access is greater with a newly constructed beach. The committee also considered the option of a scoping requirement based upon the volume of new beach created, but due to the difficulty in measuring a changing volume of sand, did not include that option. Section T205.2 requires that where a new beach is constructed, a minimum of one beach access route must be provided for every one half mile of linear feet of new beach. The committee considered that one half mile was a reasonable distance between beach access routes on a new beach. Question 15: Comment is sought on the impact of constructing a beach access route every \1/2\ mile along a new beach. If this distance is not appropriate, other specific distances are requested. Question 16: The committee outlined several exceptions to the application of the technical provisions for beach access routes in T305. Comment is sought about whether there are any other situations for which site infeasibility would preclude compliance with the technical provisions for a beach access route. If so, are there specific technical provisions (T305) where departures may be necessary due to site constraints? Section T205.3 addresses beach access routes for an existing beach. Where a pedestrian route is provided from a developed site to the edge of an existing beach surface, a beach access route must be provided. This provision addresses a situation when an entity decides to construct a pedestrian route which is used by everyone to access a beach. In that situation, the action will trigger an obligation to address access for persons with disabilities. The committee did not limit the obligation to only when an entity constructs a path perpendicular to a beach edge because few such paths are developed. The committee also intended to include pedestrian sidewalks or boardwalks along the beach as ``pedestrian routes'' to the edge of an ``existing beach.'' Question 17: The committee considered beach sites where constructed parking spaces or a parking lot is provided adjoining the beach. Should the provision of constructed parking spaces adjoining the beach, trigger a beach access route? If so, should the trigger be based on the number of parking spaces or some other measure? The committee discussed several options and decided that the obligation to provide a beach access route over the surface of the beach would be triggered when a pedestrian access route to the edge of the beach surface is provided. The committee recognized that this would obligate an entity to extend a path further than they might have originally intended. However, the committee felt strongly that a developed path which ends at the edge of the beach surface would be of little use to a person with a disability who wishes to traverse the beach itself. They also believed that this requirement was reasonable since the provision allows the beach access route to be either temporary or permanent. Designers and operators can decide the type of route appropriate given the different environments. The committee determined that the beach route would be required to the same point appropriate for an ocean, river, lake, or reservoir. Several exceptions are permitted for routes on existing beaches. Exception 1 permits the use of a ``temporary'' beach access route where one is required. The committee believed that requiring a permanent structure was far too restrictive from a design or environmental perspective. In particular, constraints of the environment may limit or preclude the construction of permanent structures. Permanent structures may also require additional permits in coastal and shoreline areas. Wave action can also cause significant erosion which can shortly turn a permanent structure into a hazard. Therefore, entities can choose to use a temporary structure for administrative and operational reasons. Vehicular access or access provided by an assistive device would not meet the technical provisions of a beach access route. While these options may enhance access to the beach for persons with disabilities, they are not considered alternatives to providing a beach access route. The committee intended that temporary beach access routes be in place during all hours where the public has access to the beach. Exception 2 exempts routes created solely for shoreline maintenance from complying with T205. The committee recommended exempting those routes which are strictly established for shoreline maintenance personnel, particularly if accessed by a vehicle. Exception 3 exempts routes created solely as undeveloped public easements from complying with section T205. The committee recommended an exemption if a ``route'' is merely an open public easement and right of way, an undeveloped space or opening created between developments where a developer leaves space open under the requirements of State or local laws for shoreline access. Exception 4 exempts a beach access route from being required where another beach access route exists within one-half mile and is within the beach of the same jurisdiction. The committee recommended that if a beach access route already exists to the beach in close proximity, there should be no requirement to create another beach access route. The committee considered one-half mile to be a reasonable distance so long as the existing beach route is served by the same beach. This is similar to the philosophy that all entrances into the same building do not have to be accessible. The one-half mile is also consistent with the requirement for scoping for a second route with construction of a new beach. Exception 5 distinguishes beach replenishment from alterations. Nourishment is the process of replenishing a beach. While it can occur naturally with the depositing of sand from wave action, it is more commonly [[Page 34082]] accomplished artificially by mechanically depositing sand on the beach. A beach may completely erode before it is artificially nourished, or it may be nourished on a periodic schedule to maintain the desired amount of beach for use or to act as a barrier for adjoining buildings and facilities. Exception 5 permits the process of beach nourishment without triggering the alteration provision. The committee did not believe that such activities should trigger any obligations for a beach access route over the surface of the beach. Question 18: Comment is sought on whether there is a need to distinguish between certain beach nourishment projects. Should certain beach nourishment activities or projects trigger the requirements of a beach access route? If so, how should these projects be identified or defined? Exception 6 provides an exception where the pedestrian route which is developed along the edge of an existing beach is elevated higher than 6 inches above the beach surface. This exception is intended to address those situations where a lengthy pedestrian route such as a sidewalk fronts the length of a beach and the route is elevated higher than 6 inches. The committee recognized that those areas would be drop- offs where the creation of a beach access route would require 6 feet of ramp to be constructed to meet the beach surface. T206 Picnic Tables Section T206.2.1 requires that where one fixed picnic table is provided in a picnic area, it must be accessible. The table must also be located along an outdoor recreation access route. This provision is included in order to ensure that a picnic area with only one table is accessible to and usable by people with disabilities. If only one table is provided, and it is not accessible, people with disabilities would not have the option of choosing another table. This provision applies only to picnic tables that are ``fixed'' to the ground, (i.e., permanently attached such as by a chain from the table to a concrete footing below ground). Section T206.2.2 requires that where two or more picnic tables are provided in a picnic area, at least 50 percent, but no less than two, must be accessible. Some committee members initially proposed 100 percent scoping, requiring all tables to be accessible. Other members considered 100 percent too high and more than what is required for the built environment. After much debate, committee members agreed that 50 percent scoping would adequately accommodate the demand for accessible tables. Committee members considered this to be realistic and feasible for most outdoor recreation providers, and would result in a higher number of accessible tables in smaller picnic areas. The proposed scoping provision addresses picnic tables located in an ``area.'' An ``area'' refers to a designated location where picnic related elements are located. For instance, a picnic ``area'' is a designated location where picnic related elements are located. Areas may be separated and include different settings on the same site. For example, a picnic area located next to a lake in a park is considered a separate picnic area from a pavilion with numerous picnic tables within the same park. Picnic ``areas'' may also be separated and designated by a name or connected to a separate entrance road. Section T206.3 requires accessible tables to be dispersed among the various types of picnic settings or opportunities provided. For example, a particular picnic area may offer picnic sites near the lake, in the woods, or in the open sunny portion of the area. This provision requires that the number of accessible tables be distributed throughout the area, so that people with disabilities would have a choice of picnic locations similar to what other visitors to the area have. This section would not increase the total number of accessible tables required in T206.2. Section T206.4 addresses wheelchair spaces and requires at least one wheelchair space at an accessible picnic table. Where the table top perimeter exceeds 24 linear feet, the number of wheelchair spaces must comply with Table T206.4. More wheelchair spaces would be required where the perimeter of the table top (not including the bench) exceeded 24 linear feet. The location of the wheelchair space(s) would be left to the discretion of the designer, although an advisory note (T306.2) recommends that the wheelchair spaces be dispersed rather than clustered in one location. Committee members discussed the issue of wheelchair spaces at length, finally basing the number of spaces on an average table dimensioned at ten-feet long by 2 and one half feet wide. Such a table has a perimeter of 25 linear feet and is designed to accommodate up to ten people. The committee decided tables of that size should provide two wheelchair spaces, while smaller tables should only require one space. Tables with a perimeter of 45 to 64 linear feet (i.e., two ten- foot long tables joined together) would require three wheelchair spaces. Tables with 65 to 84 linear feet would require four wheelchair spaces, and so on. T207 Fire Rings Section T207.2.1 requires that where only one fire ring is provided in an area, it must be accessible. S