Forest Service Outdoor Recreation Accessibility Guidelines and Integration of Direction on Accessibility Into Forest Service Manual 2330, 8060-8066 [05-3069]
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8060
Federal Register / Vol. 70, No. 32 / Thursday, February 17, 2005 / Notices
Standard Deviations above a running
mean average. As a complement to such
SPC criteria, the 80th and 98th
percentile results can be used as an
additional ‘‘early warning’’ for taking
corrective action.
at the time (62 FR 26219, May 13, 1997;
64 FR 66549, Nov. 29, 1999). These E.
coli results can complement SPC by
providing establishments with an
additional measure of process control.
For example, SPC principles require
corrective action when sample results
reach a certain threshold, such as three
through their use in tandem with SPC,
as required by the PR/HACCP Rule, to
help define when a process may be out
of control. SPC for generic E. coli is
required with products that were not
represented in the PR/HACCP Rule by a
performance standard, because no
relevant baseline studies were available
TABLE 1.—GENERIC E. COLI BASELINE RESULTSa
Class of product
Method
80th percentile
98th percentile
Cattle carcasses .....................................................................................
Swine carcasses ....................................................................................
Turkey carcasses ...................................................................................
Turkey carcasses ...................................................................................
Goose carcasses ...................................................................................
Young Chicken carcasses .....................................................................
sponge ..............
sponge ..............
sponge ..............
rinse ..................
sponge ..............
rinse ..................
0.0 CFU/cm2 .................................
0.46 CFU/cm2 ...............................
7.8 CFU/cm2 .................................
89 CFU/ml .....................................
7.0 CFU/cm2 .................................
35 CFU/ml .....................................
3.1 CFU/cm2
400 CFU/cm2
190 CFU/cm2
1,700 CFU/ml
43 CFU/cm2
390 CFU/ml
a The corresponding 80th and 98th percentile values for the previously published baseline studies were defined as the performance criteria m
and M for generic E. coli. The criteria defined a marginal range of values in which no more than 3 out of 13 samples were allowed to fall.
the regulations (9 CFR 310.25(b)(1) and
381.94(b)(1)). As with E. coli, the
Salmonella baseline results provide new
information for young turkeys and
geese, and more recent data for
categories of livestock carcasses that are
already partially covered by PR/HACCP
The Salmonella baseline results are
for cattle, swine, young turkey, and
goose carcasses by sponge sampling,
and for young chickens by whole bird
rinse sampling (see Table 2). These
baseline results do not replace the
Salmonella standards incorporated in
Rule performance standards. Although
FSIS, rather than the industry, takes
Salmonella samples under the
regulations, the Agency believes that
establishments can benefit from
comparing data obtained about their
processes to the national baseline data.
TABLE 2.—SALMONELLA BASELINE RESULTS
Class of product
Method
Young Turkey carcasses ..............................................................................
Goose carcasses ..........................................................................................
Cattle carcasses ...........................................................................................
Swine carcasses ...........................................................................................
Young Chicken carcasses ............................................................................
Baseline prevalence (percent postive
for salmonella)
sponge ..............
sponge ..............
sponge ..............
sponge ..............
rinse ..................
Additional Public Notification
Public awareness of all segments of
rulemaking and policy development is
important. Consequently, in an effort to
ensure that the public and in particular
minorities, women, and persons with
disabilities, are aware of this notice,
FSIS will announce it on-line through
the FSIS web page located at https://
www.fsis.usda.gov/regulations/
2005_Notices_Index/.
FSIS also will make copies of this
Federal Register publication available
through the FSIS Constituent Update,
which is used to provide information
regarding FSIS policies, procedures,
regulations, Federal Register notices,
FSIS public meetings, recalls, and other
types of information that could affect or
would be of interest to our constituents
and stakeholders. The update is
communicated via Listserv, a free e-mail
subscription service consisting of
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industry, trade, and farm groups,
consumer interest groups, allied health
professionals, scientific professionals,
and other individuals who have
requested to be included. The update
also is available on the FSIS web page.
Through Listserv and the web page,
FSIS is able to provide information to a
much broader, more diverse audience.
In addition, FSIS offers an e-mail
subscription service which provides an
automatic and customized notification
when popular pages are updated,
including Federal Register publications
and related documents. This service is
available at https://www.fsis.usda.gov/
news_and_events/email_subscription/
and allows FSIS customers to sign up
for subscription options across eight
categories. Options range from recalls to
export information to regulations,
directives and notices. Customers can
add or delete subscriptions themselves
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Number of
samples to
test if implemented as a
standard
19.6
13.7
1.2
6.9
8.7
Maximum
number of
positives to
achieve if
used as a
standard
56
54
68
57
55
13
9
1
5
6
and have the option to password protect
their account.
Done at Washington, DC on February 7,
2005.
Barbara J. Masters,
Acting Administrator.
[FR Doc. 05–3030 Filed 2–16–05; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596–AB93
Forest Service Outdoor Recreation
Accessibility Guidelines and
Integration of Direction on
Accessibility Into Forest Service
Manual 2330
AGENCY:
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Forest Service, USDA.
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Notice of proposed interim
directive; request for comment.
ACTION:
SUMMARY: The Forest Service is
proposing to issue an interim directive
to guide its employees regarding
compliance with the draft Forest Service
Outdoor Recreation Accessibility
Guidelines (FSORAG). The interim
directive would ensure that new or
reconstructed developed outdoor
recreation areas on National Forest
System lands are developed to
maximize accessibility, while
recognizing and protecting the unique
characteristics of the natural setting.
The interim directive, to be issued to
Forest Service Manual 2330, Publicly
Managed Recreation Opportunities,
would direct that new or reconstructed
outdoor developed recreation areas,
including campgrounds, picnic areas,
beach access routes, and outdoor
recreation access routes, comply with
these agency guidelines and applicable
Federal accessibility laws, regulations,
and guidelines.
The Architectural and Transportation
Barriers Compliance Board (Access
Board) is preparing to publish for public
comment proposed accessibility
guidelines for outdoor developed areas
that would apply to Federal agencies
subject to the Architectural Barriers Act.
The Forest Service will finalize the
direction in this interim directive
regarding compliance with the FSORAG
when the Access Board finalizes its
accessibility guidelines for outdoor
developed areas. The final FSORAG
would contain the Access Board’s final
accessibility guidelines for outdoor
developed areas managed by Federal
agencies, as supplemented by the Forest
Service to ensure the agency’s
continued application of universal
design, as well as agency terminology
and processes.
The America the Beautiful—The
National Parks and Federal Recreational
Lands Pass established by the Federal
Lands Recreation Enhancement Act
replaced the Golden Access Passport
authorized by the Land and Water
Conservation Fund Act. The proposed
interim directive would enumerate
eligibility requirements for the new pass
for people with permanent disabilities.
In addition, the proposed interim
directive would clarify existing internal
agency procedures and policies related
to the accessibility of outdoor developed
recreation areas.
Comments received in response to
this notice will be considered in
development of the final interim
directive. In a related notice published
elsewhere in this part of today’s Federal
Register, the Forest Service is requesting
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comment on a proposed interim
directive to guide its employees
regarding compliance with the Forest
Service Trail Accessibility Guidelines
(FSTAG).
DATES: Comments must be received in
writing by April 18, 2005.
ADDRESSES: Send written comments by
mail to USDA Forest Service, Attn:
Director, Recreation and Heritage
Resources Staff, Mail Stop 1125, 1400
Independence Avenue, SW.,
Washington, DC 20250–0003; by
electronic mail to rhwrdevrec@fs.fed.us;
or by facsimile to (202) 205–1145.
Comments also may be submitted by
following the instructions at the Federal
e-Rulemaking portal, https://
www.regulations.gov. If comments are
sent by electronic means or by facsimile,
the public is requested not to send
duplicate comments via regular mail.
All comments, including names and
addresses when provided, will be
placed in the record and will be
available for public inspection and
copying. The public may inspect
comments received on this proposed
interim directive in the Office of the
Director, Recreation and Heritage
Resources Staff, USDA, Forest Service,
4th Floor-Central, Sidney R. Yates
Federal Building, 201 14th Street, SW.,
Washington DC, between 8:30 a.m. and
4 p.m. on business days. Those wishing
to inspect comments are encouraged to
call ahead at (202) 205–1706 to facilitate
entry into the building.
FOR FURTHER INFORMATION CONTACT:
Janet Zeller, Recreation and Heritage
Resources Staff, USDA, Forest Service,
(202) 205–9597.
SUPPLEMENTARY INFORMATION:
Background
Although the Forest Service is
committed to ensuring the accessibility
of agency facilities and programs in
order to serve all employees and
visitors, as well as to comply with the
Architectural Barriers Act of 1968
(ABA) and Section 504 of the
Rehabilitation Act of 1973, agency
accessibility requirements for outdoor
developed recreation areas have not
been integrated into the Forest Service
Directives System.
The ABA requires facilities that are
designed, constructed, altered, or leased
by, for, or on behalf of a Federal agency
to be accessible. To emphasize the need
for accessibility guidelines for outdoor
recreation areas, in 1993 the Forest
Service developed Universal Access to
Outdoor Recreation, A Design Guide.
This guidebook blended accessibility
into the recreation opportunity
spectrum, ranging from urban areas in
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full compliance with the Uniform
Federal Accessibility Standard, the ABA
accessibility standards in place at that
time, to primitive and Congressionally
designated wilderness areas.
The Architectural and Transportation
Barriers Compliance Board (Access
Board) is the agency responsible for
issuing accessibility guidelines for
newly constructed and altered facilities
subject to the ABA. The Forest Service
served on the Access Board’s Regulatory
Negotiation Committee on Outdoor
Developed Areas (Reg Neg Committee).
In 1999, the Reg Neg Committee
proposed accessibility guidelines for
outdoor recreation facilities and trails.
While awaiting the completion of the
rulemaking process for these guidelines,
the Forest Service began developing
internal guidelines for both trails and
outdoor recreation facilities that would
apply only within National Forest
System boundaries and that would
comply with the public notice and
comment process for Forest Service
directives pursuant to 36 CFR part 216.
This action was undertaken to meet the
agency’s need to provide a consistent
and reliable method for determining
application and design of accessible
outdoor recreation facilities and trails
and is based on the Reg Neg
Committee’s proposed guidelines. These
internal guidelines incorporate the
Forest Service’s terminology and
processes, and establish greater
accessibility requirements for certain
areas. The Forest Service’s proposed
guidelines are in two parts, the Forest
Service Outdoor Recreation
Accessibility Guidelines (FSORAG) and
the Forest Service Trail Accessibility
Guidelines (FSTAG), both of which are
available at https://www.fs.fed.us/
recreation/programs/accessibility.
The Access Board plans to publish a
notice of proposed rulemaking (NPRM)
in the spring of 2005 seeking public
comment on proposed accessibility
guidelines for outdoor developed areas.
The NPRM will contain proposed
accessibility guidelines developed by
the Reg Neg Committee, and will apply
to Federal agencies subject to the ABA.
The Forest Service is proposing to
issue an interim directive to Forest
Service Manual (FSM) 2330, Publicly
Managed Recreation Opportunities, that
would require compliance with the
FSORAG. The FSORAG would apply to
newly constructed or altered camping
facilities, picnic areas, beach access
routes, outdoor recreation access routes,
and other constructed features,
including benches, trash and recycling
containers, viewing areas at overlooks,
telescopes and periscopes, mobility
device storage, pit toilets, warming huts,
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and outdoor rinsing showers in the
National Forest System.
The FSORAG would maximize the
accessibility of outdoor developed
recreation areas for all people, while
recognizing and protecting the unique
characteristics of the natural setting of
each outdoor developed recreation area
within the National Forest System. The
FSORAG would integrate the Forest
Service policy of universal design to
ensure the development of programs
and facilities to serve all people, to the
greatest extent possible. Universal
design requires that all new or
reconstructed facilities and associated
constructed features, rather than only a
certain percentage of those facilities, be
accessible to all people. Universal
design provides for the integration of all
people in outdoor developed recreation
areas, without separate or segregated
access for people with disabilities. In
addition, the proposed interim directive
would clarify internal agency
procedures and policies related to the
accessibility of outdoor developed
recreation areas, including compliance
with the FSORAG.
Like the proposed accessibility
guidelines developed by the regulatory
negotiation committee established by
Access Board, the FSORAG establishes
only one level of accessibility for all
outdoor developed recreation areas. The
FSORAG would provide for application
of specific conditions of departure and
exceptions, also contained in the
proposed accessibility guidelines
developed by the regulatory negotiation
committee established by the Access
Board, when necessary to preserve the
uniqueness of each recreation area and
when application of the FSORAG would
cause a change in the area’s setting.
Compliance with the FSORAG,
however, would not always result in
facilities that are accessible to all
persons with disabilities, because at
some locations the natural environment
might prevent full compliance with
some of the FSORAG’s technical
provisions.
The Forest Service will work with the
Access Board as it develops final
accessibility guidelines for outdoor
developed areas. The Forest Service will
finalize the direction in this interim
directive regarding compliance with the
FSORAG when the Access Board
finalizes its accessibility guidelines for
outdoor developed areas. The final
FSORAG will contain the Access
Board’s final accessibility guidelines for
outdoor developed areas managed by
Federal agencies, as supplemented by
the Forest Service to ensure the agency’s
continued application of universal
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design, as well as agency terminology
and processes.
In a related notice published
elsewhere in this part of today’s Federal
Register, the agency is requesting
comment on a proposed interim
directive to guide its employees
regarding compliance with the Forest
Service Trail Accessibility Guidelines
(FSTAG), which would apply to
pedestrian hiking trails. The FSORAG
and the FSTAG are both available
electronically on the World Wide Web
at https://www.fs.fed.us/recreation/
programs/accessibility. Copies may also
be obtained by writing to USDA, Forest
Service, Attn: Accessibility Program
Manager, Recreation and Heritage
Resources Staff, Mail Stop 1125, 1400
Independence Avenue, SW.,
Washington, DC 20250–0003.
602 et seq.). It has been determined that
this proposed interim directive would
not have a significant economic impact
on a substantial number of small entities
as defined by the act because the
proposed interim directive would not
impose record-keeping requirements on
them; it would not affect their
competitive position in relation to large
entities; and it would not affect their
cash flow, liquidity, or ability to remain
in the market. The proposed interim
directive would establish accessibility
guidelines that would apply internally
to the Forest Service and that would
have no direct effect on small
businesses. No small businesses have
been awarded contracts for construction
or reconstruction of recreation facilities
covered by these accessibility
guidelines.
Regulatory Certifications
No Takings Implications
This proposed interim directive has
been analyzed in accordance with the
principles and criteria contained in
Executive Order 12630. It has been
determined that this proposed interim
directive would not pose the risk of a
taking of private property.
Environmental Impact
Section 31.1b of Forest Service
Handbook (FSH) 1909.15 (57 FR 43180,
September 18, 1992) excludes from
documentation in an environmental
assessment or environmental impact
statement ‘‘rules, regulations, or policies
to establish Service-wide administrative
procedures, program processes, or
instructions.’’ The agency’s preliminary
conclusion is that this proposed interim
directive falls within this category of
actions and that no extraordinary
circumstances exist which would
require preparation of an environmental
assessment or environmental impact
statement.
Regulatory Impact
This proposed interim directive has
been reviewed under USDA procedures
and Executive Order 12866 on
regulatory planning and review. The
Office of Management and Budget
(OMB) has determined that the
accessibility guidelines portion of the
proposed interim directive is not
economically significant because it
would not have an annual economic
impact of $100 million or more.
However, the accessibility guidelines
portion of the proposed interim
directive was determined by OMB to be
significant because of its relationship to
the accessibility guidelines to be issued
by the Access Board. Accordingly, this
proposed interim directive has been
reviewed by OMB pursuant to Executive
Order 12866. The regulatory impact
analysis is available at https://
www.fs.fed.us/recreation/programs/
accessibility.
Moreover, this proposed interim
directive has been considered in light of
the Regulatory Flexibility Act (5 U.S.C.
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Civil Justice Reform
This proposed interim directive has
been reviewed under Executive Order
12988 on civil justice reform. After
adoption of this proposed interim
directive, (1) all State and local laws
and regulations that conflict with this
interim directive or that impede its full
implementation would be preempted;
(2) no retroactive effect would be given
to this interim directive; and (3) it
would not require administrative
proceedings before parties may file suit
in court challenging its provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
1531–1538), which the President signed
into law on March 22, 1995, the agency
has assessed the effects of this proposed
interim directive on State, local, and
Tribal governments and the private
sector. This proposed interim directive
would not compel the expenditure of
$100 million or more by any State, local,
or Tribal government or anyone in the
private sector. Therefore, a statement
under section 202 of the act is not
required.
Federalism and Consultation and
Coordination With Indian Tribal
Governments
The agency has considered this
proposed interim directive under the
requirements of Executive Order 13132
on federalism, and has made an
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assessment that the proposed interim
directive conforms with the federalism
principles set out in this Executive
Order; would not impose any
compliance costs on the States; and
would not have substantial direct effects
on the States, the relationship between
the Federal government and the States,
or the distribution of power and
responsibilities among the various
levels of government. Therefore, the
agency has determined that no further
assessment of federalism implications is
necessary.
Moreover, this proposed interim
directive does not have Tribal
implications as defined by Executive
Order 13175, ‘‘Consultation and
Coordination with Indian Tribal
Governments,’’ and therefore advance
consultation with Tribes is not required.
Energy Effects
This proposed interim directive has
been reviewed under Executive Order
13211 of May 18, 2001, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. It has been
determined that this proposed interim
directive does not constitute a
significant energy action as defined in
the Executive Order.
Controlling Paperwork Burdens on the
Public
The information an applicant for an
America the Beautiful—The National
Parks and Federal Recreational Lands
Pass would have to submit to document
eligibility for receiving the pass free of
charge pursuant to Forest Service
Manual (FSM) 2331.21b, paragraph 4,
constitutes an information collection
requirement as defined by the
Paperwork Reduction Act and its
implementing regulations at 5 CFR part
1320. Information collection
requirements require OMB approval
before their adoption. This information
collection requirement was approved by
OMB on December 22, 2003, and was
assigned OMB control number 0596–
0173.
Dated: February 11, 2005.
Sally Collins,
Acting Chief.
Text of Proposed Interim Directive
Note: The Forest Service organizes its
directives system by alphanumeric codes and
subject headings. Only those sections of the
FSM that are the subject of this notice are set
out here. The intended audience for this
proposed interim direction is agency
employees charged with management of
Forest Service outdoor recreation facilities.
Only new and revised direction from FSM
2330 is set out in the proposed interim
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directive. The asterisks indicate that parent
text direction unchanged by this proposed
interim directive is not set out in this notice.
The full text of FSM 2330 is available
electronically on the World Wide Web at
https://www.fs.fed.us/im/directives.
Forest Service Manual
Chapter 2330—Publicly Managed
Recreation Opportunities
2330.1—Authority
See FSM 2301 for general authorities
on developing and managing Forest
Service recreation sites and facilities.
For direction on authorities and
technical guidelines related to
accessibility of trails, see FSM 2353.01c.
2330.11—Recreation Fees
The Federal Lands Recreation
Enhancement Act, Title VIII, Div. J., of
the Consolidated Appropriations Act for
2005, Pub. L. 108–447, authorizes the
Forest Service to charge standard
amenity recreation fees and expanded
amenity recreation fees at certain sites
or for certain recreational services and
retain and spend revenues collected
under the act without further
appropriation, in accordance with the
provisions of the act.
2330.12—Federal and Agency
Requirements for Accessibility of
Recreation Programs, Sites, and
Facilities
Additional information regarding
laws, regulations, standards, guidelines,
and publications relating to accessibility
is available electronically on the World
Wide Web at the Access Board’s Web
site
(https://www.access-board.gov) and at
the Forest Service’s Web site (https://
www.fs.fed.us/recreation/programs/
accessibility).
1. Architectural Barriers Act (ABA) of
1968, as amended (42 U.S.C. 4151 et
seq.). This act requires that all facilities
designed, constructed, altered, or leased
by a Federal agency be accessible to
persons with disabilities.
2. Architectural Barriers Act
Accessibility Guidelines (36 CFR part
1191, Appendices C and D). These
guidelines were issued by the
Architectural and Transportation
Barriers Compliance Board (Access
Board) in 2004 and apply to buildings
and facilities subject to the
Architectural Barriers Act of 1968.
When adopted as standards by the
General Services Administration, they
will apply to Forest Service buildings
and facilities.
3. Architectural Barriers Act
Accessibility Guidelines for Outdoor
Developed Areas (36 CFR part 1190).
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These guidelines will be issued by the
Architectural and Transportation
Barriers Compliance Board (Access
Board) in 2005 and apply to outdoor
developed areas managed by Federal
agencies subject to the Architectural
Barriers Act of 1968. When adopted as
standards by the General Services
Administration, they will apply to
outdoor developed areas managed by
the Forest Service.
4. Rehabilitation Act of 1973, as
amended, sections 504 and 508 (29
U.S.C. 794 and 794d). Section 504 of
this act (29 U.S.C. 794) prohibits Federal
agencies and recipients of Federal
financial assistance from discriminating
against any person with a disability.
Section 508 of this act (29 U.S.C. 794d)
requires that all electronic and
information technology purchased or
developed by a Federal agency allow
persons with disabilities to have access
to and use of the information and data
that is comparable to that provided to
persons without disabilities.
5. Enforcement of Nondiscrimination
on the Basis of Disability in Programs or
Activities of USDA (7 CFR parts 15e and
15b). The USDA regulations
implementing section 504 of the
Rehabilitation Act as it applies to
programs and activities conducted by
USDA are found at 7 CFR part 15e. The
USDA regulations implementing section
504 of the Rehabilitation Act as it
applies to USDA-assisted programs are
found at 7 CFR part 15b. These
provisions address program
accessibility; requirements for
accessible programs in new, altered, or
existing facilities; accessibility
transition planning; accessible
communication requirements; and
compliance procedures.
6. Americans with Disabilities Act of
1990 (ADA) (42 U.S.C. 12101 et seq.).
This act prohibits discrimination on the
basis of disability by State or local
governments, public accommodations,
and public transportation. The ADA
does not apply to Federal agencies, with
the exception of Title V, section 507c.
This section clarifies that the
Wilderness Act of 1964 is preeminent in
federally designated wilderness areas,
contains a definition of a wheelchair,
and states that a device that meets that
definition can be used wherever foot
travel is permitted in federally
designated wilderness areas.
7. Forest Service Outdoor Recreation
Accessibility Guidelines (FSORAG). The
FSORAG contains the accessibility
guidelines for outdoor developed areas
issued by the Architectural and
Transportation Barriers Compliance
Board (Access Board), as supplemented
by the Forest Service to ensure the
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agency’s continued application of
universal design, as well as agency
terminology and processes. The
FSORAG is available electronically on
the World Wide Web at https://
www.fs.fed.us/recreation/programs/
accessibility. Copies may also be
obtained by writing to the Accessibility
Program Manager, Recreation and
Heritage Resources Staff, Washington
Office.
*
*
*
*
*
[FSM 2330.2 is unchanged.]
2330.3—Policy
*
*
*
*
*
[Paragraphs 1–7 are unchanged.]
8. Ensure that all new or rehabilitated
facilities, sites, and programs comply
with Federal and Forest Service
accessibility guidelines and standards
(FSM 2330.12, para. 1–7). Facilities,
sites, and programs are to utilize
universal design (FSM 2330.5) to
accommodate the abilities of all people,
to the greatest extent possible, including
people with disabilities.
*
*
*
*
*
[Paragraph 9 and exhibit 01 of FSM
2330.3 and FSM 2330.4–2330.42c are
unchanged.]
2330.5—Definitions
Accessible. In compliance with the
Federal or Forest Service accessibility
guidelines and standards at the time of
construction or alteration, whichever is
higher.
Universal design. Designing programs
and facilities so that all new or
reconstructed facilities and associated
constructed features, rather than only a
certain percentage of those facilities, are
accessible to all people, thereby
providing for the integration of all
people in outdoor developed recreation
areas, without separate or segregated
access for people with disabilities.
*
*
*
*
*
[FSM 2331–2331.21a, paragraph 3, are
unchanged.]
2331.21b—Recreation Passes
4. America the Beautiful—The
National Parks and Federal
Recreational Lands Pass.
a. Privileges. The America the
Beautiful—The National Parks and
Federal Recreational Lands Pass (Pass)
is a lifetime, nontransferable pass that
allows the holder to use any National
Forest System lands for which a
standard amenity recreation fee is
charged in accordance with the Federal
Lands Recreation Enhancement Act
(Title VIII, Div. J, of the Consolidated
Appropriations Act for 2005, Pub. L.
108–447).
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Jkt 205001
b. Eligibility. The Pass may be issued
free of charge only to citizens of, or
persons domiciled in, the United States
who have been medically determined to
be permanently disabled for purposes of
section 7(20)(B)(i) of the Rehabilitation
Act of 1973 (29 U.S.C. 705(20)(B)(i)) and
who apply for the Pass and provide
adequate documentation of a permanent
disability and citizenship or residency.
c. Requirements for Issuance. Issue
the Pass only to applicants who apply
in person and who sign the Pass in the
presence of the issuing officer. Inform
applicants that they are required to
provide one of the following forms of
documentation to establish proof of
permanent disability:
(1) A document issued by a Federal
agency providing Federal benefits, such
as the Veteran’s Administration, which
attests that the applicant has been
medically determined to be eligible to
receive Federal benefits as a result of a
permanent disability. Other acceptable
Federal agency documents include
proof of receipt of Social Security
Disability Income (SSDI) or
Supplemental Security Income (SSI);
(2) A statement signed by a licensed
physician attesting that the applicant
has been medically determined to have
a permanent physical, mental, or
sensory impairment that severely limits
one or more major life activities, and
specifying the nature of the impairment;
(3) A document issued by a State
agency, such as a vocational
rehabilitation agency, which attests that
the applicant is eligible to receive
vocational rehabilitation agency benefits
or services as a result of medically
determined permanent disability.
Showing a State motor vehicle
department disability sticker, license
plate, or hang tag is not acceptable
documentation for purposes of
obtaining the Pass;
(4) A signed Statement of Disability
on Forest Service Form FS–2300–42.
*
*
*
*
*
(FSM 2331.21c–2332.5 are
unchanged.]
2333—Site and Facility Planning and
Design
The direction in this section applies
to all Federal recreation sites and
facilities on National Forest System
lands.
2333.03—Policy
*
*
*
*
*
[Paragraphs 1–4e are unchanged.]
4. Design and install facilities that are:
f. In compliance with the authorities
at FSM 2330.12 setting out Federal and
agency requirements related to the
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accessibility and design of recreation
programs, sites, and facilities.
*
*
*
*
*
[Paragraphs 4g and 4h are
unchanged.]
5. Comply with the Forest Service
Outdoor Recreation Accessibility
Guidelines (FSORAG) (FSM 2330.12,
para. 7):
a. When agency programs, sites, and
facilities are not addressed in Federal
accessibility standards (FSM 2330.12,
para. 2 and 3) or
b. When the FSORAG establishes a
higher standard than Federal
accessibility standards (FSM 2330.12,
para. 2 and 3).
*
*
*
*
*
[FSM 2333.1–2333.32 are unchanged.]
2333.33—Integrated Accessibility/
Universal Design
Ensure that new or rehabilitated
recreation sites, facilities, and elements
utilize universal design to accommodate
all people, to the greatest extent
possible, including persons with
disabilities. Eliminate architectural
barriers that limit use or enjoyment of
recreation opportunities (FSM 2330.3,
para. 8, and FSM 2333.03, para. 4f).
*
*
*
*
*
[FSM 2333.34–2333.48 are
unchanged.]
2333.5—Design Criteria
Use the criteria in FSM 2333.51
through 2333.58 to determine need,
location, and type of recreation site
improvements.
2333.51—Toilets
1. Locate toilets conveniently; the
maximum distance a user should have
to travel to a toilet is 500 feet.
2. Provide a sufficient number of
toilets. As a general rule, provide one
toilet for every 35 persons.
3. Design each toilet to prevent
unsanitary conditions and pollution
with a minimum of maintenance and to
comply with FSM 2330.3, paragraph 8,
and FSM 2333.03, paragraph 4f. The
design narrative must address the type
of toilet facility desirable for a particular
site. In determining the type of toilet
facility to install, consider initial cost,
future operation and maintenance costs,
accessibility, and the recreation
opportunity spectrum class of the site
(FSM 2330.3, ex.01).
2333.52—Recreational Vehicle Sanitary
Stations and Waste Water Disposal
Design and install Forest Service
recreational vehicle (RV) dump stations
only where there is environmental
pollution from indiscriminate roadside
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dumping by persons using Forest
Service facilities and/or where
commercial RV dump stations are not
available within a reasonable driving
distance. Encourage the private sector to
develop these facilities, and provide the
private sector with every opportunity to
do so before the Forest Service develops
them. Gray water collection and
handling systems may be provided onsite when necessary to prevent
environmental pollution. Comply with
the accessibility requirements for such
facilities (FSM 2330.12, para. 7, FSM
2330.3, para. 8, and FSM 2333.03, para.
4f).
2333.53—Refuse and Garbage Disposal
Provide adequate numbers of
receptacles, and position them to
facilitate litter control. Large,
centralized containers or clusters of
containers are usually more costeffective than scattered small
containers; use large or clustered
containers where practical. Comply
with the accessibility requirements for
such receptacles and containers (FSM
2330.3, para. 8, and FSM 2333.03, para.
4f).
2333.54—Drinking Water
All water facilities where water is
intended for human consumption must
meet the standards in FSM 7421, FSM
2330.3, paragraph 8, and FSM 2333.03,
paragraph 4f.
*
*
*
*
*
[FSM 2333.55–2333.56 are
unchanged.]
2333.57—Convenience Facilities
Convenience facilities serve as a
source of comfort to forest visitors,
rather than meeting their health and
safety needs or protecting resources.
Design and install convenience facilities
to be suitable for the site where they
will be located and the use they will
receive. FSM 2330.3, exhibit 01,
displays the types of convenience
facilities normally provided, depending
on the planned recreation opportunity
spectrum class and development scale.
Facilities must comply with FSM
2330.3, paragraph 8, and FSM 2333.03,
paragraph 4f.
2333.58—Information Facilities
Install signs and posters where
necessary or helpful to visitors, but keep
them to a minimum. Provide bulletin
boards at a central location for rules,
regulations, time limits, and other
special information. Information
facilities shall comply with FSM 2330.3,
paragraph 8, and FSM 2333.03,
paragraph 4f.
*
*
*
*
*
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[FSM 2333.6–2334.22 are unchanged.]
2334.23—Parking Areas and Spurs
Each campground unit must be served
by a parking spot or spur that allows
safe vehicle parking off the main
campground loop road. The last 25 feet
of each parking spur should be level,
except for the 1-to-2-percent slope
necessary for drainage, and as close to
the natural grade as possible. Parking
spurs required to be accessible shall
comply with section 5.0 of the Forest
Service Outdoor Recreation
Accessibility Guidelines (FSORAG) and
other applicable authorities set out at
FSM 2330.12, paragraph 7, FSM 2330.3,
paragraph 8, and FSM 2333.03,
paragraph 4f.
2334.24—Water Access Facilities
Install facilities for boat moorings
when campgrounds and picnic grounds
are accessible only by boats and when
lake bottom and shoreline
characteristics do not permit boats to be
drawn up safely on the beach for shortterm or overnight storage. Boat moorings
consisting of docks, piers, jetties, or tieup anchorages located along the shore
shall be in compliance with Federal and
Forest Service boating and fishing
accessibility guidelines (FSM 2330.3,
para. 8, and FSM 2333.03, para. 4f).
*
*
*
*
*
[FSM 2334.25 is unchanged.]
2334.26—Camping Units
A standard camping unit consists of a
table, fire grill or ring, parking spur, and
space for a tent or expansion space to
accommodate a recreational vehicle.
Locate units at least 25 feet from the
edge of the campground road and at
least 100 feet from lakes, streams,
toilets, and main roads.
Camping units must provide for use of
the maximum variety of camping
equipment without separate loops or
areas for tent or recreational vehicle use,
except where local terrain or patterns of
use indicate that segregation is practical
and desirable. All site furnishings
provided in camping units shall comply
with the Forest Service Outdoor
Recreation Accessibility Guidelines
(FSORAG) (FSM 2330.12, para. 7, FSM
2330.3, para. 8, and FSM 2333.03, para.
4f).
1. Tent Camping Units. Tent camping
units are appropriate where terrain
restrictions preclude development of a
spur to accommodate recreational
vehicles (RVs). The parking spur is not
the focal point of use. A tent camping
unit normally should include a 30-foot
parking spur, 12-by-16-foot, level tent
pad, table, and fireplace. Parking and all
tent camping elements shall comply
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Fmt 4703
Sfmt 4703
8065
with the FSORAG (FSM 2330.12, para.
7, FSM 2330.3, para. 8, and FSM
2333.03, para. 4f).
2. RV Camping Units. The parking
spur is the focal point of use for RV
camping units. Provide at least 210
square feet of usable camping space next
to the spur.
a. RV camping units should include a
parking spur that is at least 50 feet long
or a pull-through spur, a picnic table,
and a stove, grill, or fire ring. Parking
and all camping unit elements shall
comply with the FSORAG (FSM
2330.12, para. 7, FSM 2330.3, para. 8,
and FSM 2333.03, para. 4f).
b. Where feasible and appropriate to
the setting, the remaining parking spurs
not included in figure 5.1 of the
FSORAG (FSM 2330.12, para. 7, FSM
2330.3, para. 8, and FSM 2333.03, para.
4f) should be at least 16 feet wide.
*
*
*
*
*
[FSM 2334.26, paragraph 3, is
unchanged.]
2334.27—Picnic Units
A standard single picnic unit consists
of one picnic table and, in some cases,
a stove, grill, or fireplace. All site
furnishings provided in picnic units
shall comply with the FSORAG (FSM
2330.12, para. 7, FSM 2330.3, para. 8,
and FSM 2333.03, para. 4f). Some of the
sites may be provided with 16-foot
stationary tables to accommodate twofamily use. Space picnic units to permit
privacy and prevent overuse.
2334.28—Group Campgrounds and
Picnic Grounds
*
*
*
*
*
[The unnumbered introductory
paragraph and paragraph 1 are
unchanged.]
2. Cooking Facilities. Provide each
site or component in a group
campground or picnic area with a large,
open fire grill. A food preparation table
may be needed in most group
campgrounds, and a food service table
is needed in both group campgrounds
and picnic areas. All site furnishings
provided in group use sites shall
comply with the FSORAG (FSM
2330.12, para. 7, FSM 2330.3, para. 8,
and FSM 2333.03, para. 4f ).
*
*
*
*
*
[The text from paragraph 3 of FSM
2334.28 through FSM 2334.33 are
unchanged.]
2334.34—Special Public Services
In general, do not permit stores,
restaurants, and other commercial
developments within campgrounds and
picnic grounds. If the public requires
special services, such as equipment
rental (for example, rental of boats,
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bathing suits, or towels), clothes lockers,
or shuttle transportation, they may be
authorized under a special use
authorization (FSM 2343.7). Before
these services are authorized, a
determination shall be made that there
is a need for them that cannot be met
on nearby private lands, that it would be
financially viable to provide these
services, and that they can be furnished
at reasonable rates. If facilities are
provided, they shall comply with FSM
2330.3, paragraph 8, and FSM 2333.03,
paragraph 4f.
*
*
*
*
*
[FSM 2334.35 is unchanged.]
2335—Development of Sites Other Than
Campgrounds and Picnic Areas
2335.1—Boating Sites
Develop suitable boating sites along
lakes, reservoirs, and rivers primarily to
launch boats. Sites may also offer
boating services, including mooring
space, repair services, boat rental, and
the sale of gasoline, oil, and
miscellaneous items. When these types
of services are desirable, allow
concessionaires to provide them under
a special use authorization (FSM 2343.2
and 2721.52). Facilities that are
provided shall comply with the Federal
and Forest Service accessibility
guidelines for boating and fishing (FSM
2330.3, para. 8, and FSM 2333.03, para.
4f).
2335.11—Design
*
*
*
*
*
[Paragraphs 1–5 are unchanged.]
6. Design facilities in accordance with
FSM 2330.3, paragraph 8, and FSM
2333.03, paragraph 4f.
*
*
*
*
*
[FSM 2335.12–2335.13 and the
unnumbered paragraph in FSM 2335.2,
Swimming Sites, are unchanged.]
2335.21—Design
5. Ensure that new or reconstructed
beach access routes comply with the
beach access routes section of the
FSORAG (FSM 2330.12, para. 7, and
FSM 2333.03, para. 4f).
*
*
*
*
*
[The remainder of the chapter (FSM
2335.22–2336) is unchanged.]
[FR Doc. 05–3069 Filed 2–16–05; 8:45 am]
BILLING CODE 3410–11–P
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14:41 Feb 16, 2005
Jkt 205001
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596–AB92
Forest Service Trail Accessibility
Guidelines and Integration of Direction
on Accessibility Into Forest Service
Manual 2350
Forest Service, USDA.
Notice of proposed interim
directive; request for comment.
AGENCY:
ACTION:
SUMMARY: The Forest Service is
proposing to issue an interim directive
to guide its employees regarding
compliance with the Forest Service
Trail Accessibility Guidelines (FSTAG).
The interim directive would ensure that
new or altered trails managed for
pedestrian use on National Forest
System lands are developed to
maximize accessibility for all people,
including people with disabilities,
while recognizing and protecting the
unique characteristics of the natural
setting of each trail. The interim
directive, to be issued to Forest Service
Manual 2350, Trail, River, and Similar
Recreation Opportunities, would direct
that these trails comply with the FSTAG
and applicable Federal laws,
regulations, and guidelines. The interim
directive also would incorporate the
definition of a wheelchair and clarify
that a mobility device meeting this
definition may be used anywhere foot
travel is permitted. In addition, the
interim directive would clarify existing
internal agency procedures and policies
related to the accessibility of trails.
The Architectural and Transportation
Barriers Compliance Board (Access
Board) is preparing to publish for public
comment proposed accessibility
guidelines for outdoor developed areas
that would apply only to Federal
agencies subject to the Architectural
Barriers Act. The Forest Service will
finalize the direction in this interim
directive regarding compliance with the
FSTAG when the Access Board finalizes
its accessibility guidelines for outdoor
developed areas. The final FSTAG
would contain the Access Board’s final
accessibility guidelines for outdoor
developed areas managed by Federal
agencies, as supplemented by the Forest
Service.
Comments received in response to
this notice will be considered in
development of the final interim
directive. In a related notice published
elsewhere in this part of today’s Federal
Register, the Forest Service is requesting
comment on a proposed interim
directive to guide its employees
regarding compliance with the Forest
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Service Outdoor Recreation
Accessibility Guidelines (FSORAG).
DATES: Comments must be received in
writing by April 18, 2005.
ADDRESSES: Send written comments by
mail to USDA Forest Service, Attn:
Director, Recreation and Heritage
Resources Staff, Mail Stop 1125, 1400
Independence Avenue, SW.,
Washington, DC 20250–0003; by
electronic mail to rhwrtrail@fs.fed.us; or
by facsimile to (202) 205–1145.
Comments also may be submitted by
following the instructions at that
Federal e-Rulemaking portal, https://
www.regulations.gov. If comments are
sent by electronic means or by facsimile,
the public is requested not to send
duplicate comments via regular mail.
All comments, including names and
addresses when provided, will be
placed in the record and will be
available for public inspection and
copying. The public may inspect
comments received on this proposed
interim directive in the Office of the
Director, Recreation and Heritage
Resources Staff, USDA, Forest Service,
4th Floor-Central, Sidney R. Yates
Federal Building, 201 14th Street, SW.,
Washington, DC, between 8:30 a.m. and
4 p.m. on business days. Those wishing
to inspect comments are encouraged to
call ahead at (202) 205–1706 to facilitate
entry into the building.
FOR FURTHER INFORMATION CONTACT:
Janet Zeller, Recreation and Heritage
Resources Staff, USDA, Forest Service,
(202) 205–9597.
SUPPLEMENTARY INFORMATION:
Background
Although the Forest Service is
committed to ensuring the accessibility
of agency facilities and programs in
order to serve all employees and
visitors, as well as to comply with the
Architectural Barriers Act of 1968
(ABA) and Section 504 of the
Rehabilitation Act of 1973, agency
accessibility requirements for outdoor
recreation areas have not been
integrated into the Forest Service
Directives System.
The ABA requires facilities that are
designed, constructed, altered, or leased
by, for, or on behalf of a Federal agency
to be accessible. To emphasize the need
for accessibility guidelines for outdoor
recreation areas, in 1993 the Forest
Service developed Universal Access to
Outdoor Recreation, A Design Guide.
This guidebook blended accessibility
into the recreation opportunity
spectrum, ranging from urban areas in
full compliance with the Uniform
Federal Accessibility Standard, the ABA
accessibility standards in place at that
E:\FR\FM\17FEN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 32 (Thursday, February 17, 2005)]
[Notices]
[Pages 8060-8066]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3069]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AB93
Forest Service Outdoor Recreation Accessibility Guidelines and
Integration of Direction on Accessibility Into Forest Service Manual
2330
AGENCY: Forest Service, USDA.
[[Page 8061]]
ACTION: Notice of proposed interim directive; request for comment.
-----------------------------------------------------------------------
SUMMARY: The Forest Service is proposing to issue an interim directive
to guide its employees regarding compliance with the draft Forest
Service Outdoor Recreation Accessibility Guidelines (FSORAG). The
interim directive would ensure that new or reconstructed developed
outdoor recreation areas on National Forest System lands are developed
to maximize accessibility, while recognizing and protecting the unique
characteristics of the natural setting. The interim directive, to be
issued to Forest Service Manual 2330, Publicly Managed Recreation
Opportunities, would direct that new or reconstructed outdoor developed
recreation areas, including campgrounds, picnic areas, beach access
routes, and outdoor recreation access routes, comply with these agency
guidelines and applicable Federal accessibility laws, regulations, and
guidelines.
The Architectural and Transportation Barriers Compliance Board
(Access Board) is preparing to publish for public comment proposed
accessibility guidelines for outdoor developed areas that would apply
to Federal agencies subject to the Architectural Barriers Act. The
Forest Service will finalize the direction in this interim directive
regarding compliance with the FSORAG when the Access Board finalizes
its accessibility guidelines for outdoor developed areas. The final
FSORAG would contain the Access Board's final accessibility guidelines
for outdoor developed areas managed by Federal agencies, as
supplemented by the Forest Service to ensure the agency's continued
application of universal design, as well as agency terminology and
processes.
The America the Beautiful--The National Parks and Federal
Recreational Lands Pass established by the Federal Lands Recreation
Enhancement Act replaced the Golden Access Passport authorized by the
Land and Water Conservation Fund Act. The proposed interim directive
would enumerate eligibility requirements for the new pass for people
with permanent disabilities. In addition, the proposed interim
directive would clarify existing internal agency procedures and
policies related to the accessibility of outdoor developed recreation
areas.
Comments received in response to this notice will be considered in
development of the final interim directive. In a related notice
published elsewhere in this part of today's Federal Register, the
Forest Service is requesting comment on a proposed interim directive to
guide its employees regarding compliance with the Forest Service Trail
Accessibility Guidelines (FSTAG).
DATES: Comments must be received in writing by April 18, 2005.
ADDRESSES: Send written comments by mail to USDA Forest Service, Attn:
Director, Recreation and Heritage Resources Staff, Mail Stop 1125, 1400
Independence Avenue, SW., Washington, DC 20250-0003; by electronic mail
to rhwrdevrec@fs.fed.us; or by facsimile to (202) 205-1145. Comments
also may be submitted by following the instructions at the Federal e-
Rulemaking portal, https://www.regulations.gov. If comments are sent by
electronic means or by facsimile, the public is requested not to send
duplicate comments via regular mail.
All comments, including names and addresses when provided, will be
placed in the record and will be available for public inspection and
copying. The public may inspect comments received on this proposed
interim directive in the Office of the Director, Recreation and
Heritage Resources Staff, USDA, Forest Service, 4th Floor-Central,
Sidney R. Yates Federal Building, 201 14th Street, SW., Washington DC,
between 8:30 a.m. and 4 p.m. on business days. Those wishing to inspect
comments are encouraged to call ahead at (202) 205-1706 to facilitate
entry into the building.
FOR FURTHER INFORMATION CONTACT: Janet Zeller, Recreation and Heritage
Resources Staff, USDA, Forest Service, (202) 205-9597.
SUPPLEMENTARY INFORMATION:
Background
Although the Forest Service is committed to ensuring the
accessibility of agency facilities and programs in order to serve all
employees and visitors, as well as to comply with the Architectural
Barriers Act of 1968 (ABA) and Section 504 of the Rehabilitation Act of
1973, agency accessibility requirements for outdoor developed
recreation areas have not been integrated into the Forest Service
Directives System.
The ABA requires facilities that are designed, constructed,
altered, or leased by, for, or on behalf of a Federal agency to be
accessible. To emphasize the need for accessibility guidelines for
outdoor recreation areas, in 1993 the Forest Service developed
Universal Access to Outdoor Recreation, A Design Guide. This guidebook
blended accessibility into the recreation opportunity spectrum, ranging
from urban areas in full compliance with the Uniform Federal
Accessibility Standard, the ABA accessibility standards in place at
that time, to primitive and Congressionally designated wilderness
areas.
The Architectural and Transportation Barriers Compliance Board
(Access Board) is the agency responsible for issuing accessibility
guidelines for newly constructed and altered facilities subject to the
ABA. The Forest Service served on the Access Board's Regulatory
Negotiation Committee on Outdoor Developed Areas (Reg Neg Committee).
In 1999, the Reg Neg Committee proposed accessibility guidelines for
outdoor recreation facilities and trails. While awaiting the completion
of the rulemaking process for these guidelines, the Forest Service
began developing internal guidelines for both trails and outdoor
recreation facilities that would apply only within National Forest
System boundaries and that would comply with the public notice and
comment process for Forest Service directives pursuant to 36 CFR part
216. This action was undertaken to meet the agency's need to provide a
consistent and reliable method for determining application and design
of accessible outdoor recreation facilities and trails and is based on
the Reg Neg Committee's proposed guidelines. These internal guidelines
incorporate the Forest Service's terminology and processes, and
establish greater accessibility requirements for certain areas. The
Forest Service's proposed guidelines are in two parts, the Forest
Service Outdoor Recreation Accessibility Guidelines (FSORAG) and the
Forest Service Trail Accessibility Guidelines (FSTAG), both of which
are available at https://www.fs.fed.us/recreation/programs/
accessibility.
The Access Board plans to publish a notice of proposed rulemaking
(NPRM) in the spring of 2005 seeking public comment on proposed
accessibility guidelines for outdoor developed areas. The NPRM will
contain proposed accessibility guidelines developed by the Reg Neg
Committee, and will apply to Federal agencies subject to the ABA.
The Forest Service is proposing to issue an interim directive to
Forest Service Manual (FSM) 2330, Publicly Managed Recreation
Opportunities, that would require compliance with the FSORAG. The
FSORAG would apply to newly constructed or altered camping facilities,
picnic areas, beach access routes, outdoor recreation access routes,
and other constructed features, including benches, trash and recycling
containers, viewing areas at overlooks, telescopes and periscopes,
mobility device storage, pit toilets, warming huts,
[[Page 8062]]
and outdoor rinsing showers in the National Forest System.
The FSORAG would maximize the accessibility of outdoor developed
recreation areas for all people, while recognizing and protecting the
unique characteristics of the natural setting of each outdoor developed
recreation area within the National Forest System. The FSORAG would
integrate the Forest Service policy of universal design to ensure the
development of programs and facilities to serve all people, to the
greatest extent possible. Universal design requires that all new or
reconstructed facilities and associated constructed features, rather
than only a certain percentage of those facilities, be accessible to
all people. Universal design provides for the integration of all people
in outdoor developed recreation areas, without separate or segregated
access for people with disabilities. In addition, the proposed interim
directive would clarify internal agency procedures and policies related
to the accessibility of outdoor developed recreation areas, including
compliance with the FSORAG.
Like the proposed accessibility guidelines developed by the
regulatory negotiation committee established by Access Board, the
FSORAG establishes only one level of accessibility for all outdoor
developed recreation areas. The FSORAG would provide for application of
specific conditions of departure and exceptions, also contained in the
proposed accessibility guidelines developed by the regulatory
negotiation committee established by the Access Board, when necessary
to preserve the uniqueness of each recreation area and when application
of the FSORAG would cause a change in the area's setting. Compliance
with the FSORAG, however, would not always result in facilities that
are accessible to all persons with disabilities, because at some
locations the natural environment might prevent full compliance with
some of the FSORAG's technical provisions.
The Forest Service will work with the Access Board as it develops
final accessibility guidelines for outdoor developed areas. The Forest
Service will finalize the direction in this interim directive regarding
compliance with the FSORAG when the Access Board finalizes its
accessibility guidelines for outdoor developed areas. The final FSORAG
will contain the Access Board's final accessibility guidelines for
outdoor developed areas managed by Federal agencies, as supplemented by
the Forest Service to ensure the agency's continued application of
universal design, as well as agency terminology and processes.
In a related notice published elsewhere in this part of today's
Federal Register, the agency is requesting comment on a proposed
interim directive to guide its employees regarding compliance with the
Forest Service Trail Accessibility Guidelines (FSTAG), which would
apply to pedestrian hiking trails. The FSORAG and the FSTAG are both
available electronically on the World Wide Web at https://www.fs.fed.us/
recreation/programs/accessibility. Copies may also be obtained by
writing to USDA, Forest Service, Attn: Accessibility Program Manager,
Recreation and Heritage Resources Staff, Mail Stop 1125, 1400
Independence Avenue, SW., Washington, DC 20250-0003.
Regulatory Certifications
Environmental Impact
Section 31.1b of Forest Service Handbook (FSH) 1909.15 (57 FR
43180, September 18, 1992) excludes from documentation in an
environmental assessment or environmental impact statement ``rules,
regulations, or policies to establish Service-wide administrative
procedures, program processes, or instructions.'' The agency's
preliminary conclusion is that this proposed interim directive falls
within this category of actions and that no extraordinary circumstances
exist which would require preparation of an environmental assessment or
environmental impact statement.
Regulatory Impact
This proposed interim directive has been reviewed under USDA
procedures and Executive Order 12866 on regulatory planning and review.
The Office of Management and Budget (OMB) has determined that the
accessibility guidelines portion of the proposed interim directive is
not economically significant because it would not have an annual
economic impact of $100 million or more. However, the accessibility
guidelines portion of the proposed interim directive was determined by
OMB to be significant because of its relationship to the accessibility
guidelines to be issued by the Access Board. Accordingly, this proposed
interim directive has been reviewed by OMB pursuant to Executive Order
12866. The regulatory impact analysis is available at https://
www.fs.fed.us/recreation/programs/accessibility.
Moreover, this proposed interim directive has been considered in
light of the Regulatory Flexibility Act (5 U.S.C. 602 et seq.). It has
been determined that this proposed interim directive would not have a
significant economic impact on a substantial number of small entities
as defined by the act because the proposed interim directive would not
impose record-keeping requirements on them; it would not affect their
competitive position in relation to large entities; and it would not
affect their cash flow, liquidity, or ability to remain in the market.
The proposed interim directive would establish accessibility guidelines
that would apply internally to the Forest Service and that would have
no direct effect on small businesses. No small businesses have been
awarded contracts for construction or reconstruction of recreation
facilities covered by these accessibility guidelines.
No Takings Implications
This proposed interim directive has been analyzed in accordance
with the principles and criteria contained in Executive Order 12630. It
has been determined that this proposed interim directive would not pose
the risk of a taking of private property.
Civil Justice Reform
This proposed interim directive has been reviewed under Executive
Order 12988 on civil justice reform. After adoption of this proposed
interim directive, (1) all State and local laws and regulations that
conflict with this interim directive or that impede its full
implementation would be preempted; (2) no retroactive effect would be
given to this interim directive; and (3) it would not require
administrative proceedings before parties may file suit in court
challenging its provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), which the President signed into law on March 22,
1995, the agency has assessed the effects of this proposed interim
directive on State, local, and Tribal governments and the private
sector. This proposed interim directive would not compel the
expenditure of $100 million or more by any State, local, or Tribal
government or anyone in the private sector. Therefore, a statement
under section 202 of the act is not required.
Federalism and Consultation and Coordination With Indian Tribal
Governments
The agency has considered this proposed interim directive under the
requirements of Executive Order 13132 on federalism, and has made an
[[Page 8063]]
assessment that the proposed interim directive conforms with the
federalism principles set out in this Executive Order; would not impose
any compliance costs on the States; and would not have substantial
direct effects on the States, the relationship between the Federal
government and the States, or the distribution of power and
responsibilities among the various levels of government. Therefore, the
agency has determined that no further assessment of federalism
implications is necessary.
Moreover, this proposed interim directive does not have Tribal
implications as defined by Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' and therefore advance
consultation with Tribes is not required.
Energy Effects
This proposed interim directive has been reviewed under Executive
Order 13211 of May 18, 2001, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use. It has been
determined that this proposed interim directive does not constitute a
significant energy action as defined in the Executive Order.
Controlling Paperwork Burdens on the Public
The information an applicant for an America the Beautiful--The
National Parks and Federal Recreational Lands Pass would have to submit
to document eligibility for receiving the pass free of charge pursuant
to Forest Service Manual (FSM) 2331.21b, paragraph 4, constitutes an
information collection requirement as defined by the Paperwork
Reduction Act and its implementing regulations at 5 CFR part 1320.
Information collection requirements require OMB approval before their
adoption. This information collection requirement was approved by OMB
on December 22, 2003, and was assigned OMB control number 0596-0173.
Dated: February 11, 2005.
Sally Collins,
Acting Chief.
Text of Proposed Interim Directive
Note: The Forest Service organizes its directives system by
alphanumeric codes and subject headings. Only those sections of the
FSM that are the subject of this notice are set out here. The
intended audience for this proposed interim direction is agency
employees charged with management of Forest Service outdoor
recreation facilities. Only new and revised direction from FSM 2330
is set out in the proposed interim directive. The asterisks indicate
that parent text direction unchanged by this proposed interim
directive is not set out in this notice. The full text of FSM 2330
is available electronically on the World Wide Web at https://
www.fs.fed.us/im/directives.
Forest Service Manual
Chapter 2330--Publicly Managed Recreation Opportunities
2330.1--Authority
See FSM 2301 for general authorities on developing and managing
Forest Service recreation sites and facilities. For direction on
authorities and technical guidelines related to accessibility of
trails, see FSM 2353.01c.
2330.11--Recreation Fees
The Federal Lands Recreation Enhancement Act, Title VIII, Div. J.,
of the Consolidated Appropriations Act for 2005, Pub. L. 108-447,
authorizes the Forest Service to charge standard amenity recreation
fees and expanded amenity recreation fees at certain sites or for
certain recreational services and retain and spend revenues collected
under the act without further appropriation, in accordance with the
provisions of the act.
2330.12--Federal and Agency Requirements for Accessibility of
Recreation Programs, Sites, and Facilities
Additional information regarding laws, regulations, standards,
guidelines, and publications relating to accessibility is available
electronically on the World Wide Web at the Access Board's Web site
(https://www.access-board.gov) and at the Forest Service's Web site
(https://www.fs.fed.us/recreation/programs/accessibility).
1. Architectural Barriers Act (ABA) of 1968, as amended (42 U.S.C.
4151 et seq.). This act requires that all facilities designed,
constructed, altered, or leased by a Federal agency be accessible to
persons with disabilities.
2. Architectural Barriers Act Accessibility Guidelines (36 CFR part
1191, Appendices C and D). These guidelines were issued by the
Architectural and Transportation Barriers Compliance Board (Access
Board) in 2004 and apply to buildings and facilities subject to the
Architectural Barriers Act of 1968. When adopted as standards by the
General Services Administration, they will apply to Forest Service
buildings and facilities.
3. Architectural Barriers Act Accessibility Guidelines for Outdoor
Developed Areas (36 CFR part 1190). These guidelines will be issued by
the Architectural and Transportation Barriers Compliance Board (Access
Board) in 2005 and apply to outdoor developed areas managed by Federal
agencies subject to the Architectural Barriers Act of 1968. When
adopted as standards by the General Services Administration, they will
apply to outdoor developed areas managed by the Forest Service.
4. Rehabilitation Act of 1973, as amended, sections 504 and 508 (29
U.S.C. 794 and 794d). Section 504 of this act (29 U.S.C. 794) prohibits
Federal agencies and recipients of Federal financial assistance from
discriminating against any person with a disability. Section 508 of
this act (29 U.S.C. 794d) requires that all electronic and information
technology purchased or developed by a Federal agency allow persons
with disabilities to have access to and use of the information and data
that is comparable to that provided to persons without disabilities.
5. Enforcement of Nondiscrimination on the Basis of Disability in
Programs or Activities of USDA (7 CFR parts 15e and 15b). The USDA
regulations implementing section 504 of the Rehabilitation Act as it
applies to programs and activities conducted by USDA are found at 7 CFR
part 15e. The USDA regulations implementing section 504 of the
Rehabilitation Act as it applies to USDA-assisted programs are found at
7 CFR part 15b. These provisions address program accessibility;
requirements for accessible programs in new, altered, or existing
facilities; accessibility transition planning; accessible communication
requirements; and compliance procedures.
6. Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. 12101
et seq.). This act prohibits discrimination on the basis of disability
by State or local governments, public accommodations, and public
transportation. The ADA does not apply to Federal agencies, with the
exception of Title V, section 507c. This section clarifies that the
Wilderness Act of 1964 is preeminent in federally designated wilderness
areas, contains a definition of a wheelchair, and states that a device
that meets that definition can be used wherever foot travel is
permitted in federally designated wilderness areas.
7. Forest Service Outdoor Recreation Accessibility Guidelines
(FSORAG). The FSORAG contains the accessibility guidelines for outdoor
developed areas issued by the Architectural and Transportation Barriers
Compliance Board (Access Board), as supplemented by the Forest Service
to ensure the
[[Page 8064]]
agency's continued application of universal design, as well as agency
terminology and processes. The FSORAG is available electronically on
the World Wide Web at https://www.fs.fed.us/recreation/programs/
accessibility. Copies may also be obtained by writing to the
Accessibility Program Manager, Recreation and Heritage Resources Staff,
Washington Office.
* * * * *
[FSM 2330.2 is unchanged.]
2330.3--Policy
* * * * *
[Paragraphs 1-7 are unchanged.]
8. Ensure that all new or rehabilitated facilities, sites, and
programs comply with Federal and Forest Service accessibility
guidelines and standards (FSM 2330.12, para. 1-7). Facilities, sites,
and programs are to utilize universal design (FSM 2330.5) to
accommodate the abilities of all people, to the greatest extent
possible, including people with disabilities.
* * * * *
[Paragraph 9 and exhibit 01 of FSM 2330.3 and FSM 2330.4-2330.42c
are unchanged.]
2330.5--Definitions
Accessible. In compliance with the Federal or Forest Service
accessibility guidelines and standards at the time of construction or
alteration, whichever is higher.
Universal design. Designing programs and facilities so that all new
or reconstructed facilities and associated constructed features, rather
than only a certain percentage of those facilities, are accessible to
all people, thereby providing for the integration of all people in
outdoor developed recreation areas, without separate or segregated
access for people with disabilities.
* * * * *
[FSM 2331-2331.21a, paragraph 3, are unchanged.]
2331.21b--Recreation Passes
4. America the Beautiful--The National Parks and Federal
Recreational Lands Pass.
a. Privileges. The America the Beautiful--The National Parks and
Federal Recreational Lands Pass (Pass) is a lifetime, nontransferable
pass that allows the holder to use any National Forest System lands for
which a standard amenity recreation fee is charged in accordance with
the Federal Lands Recreation Enhancement Act (Title VIII, Div. J, of
the Consolidated Appropriations Act for 2005, Pub. L. 108-447).
b. Eligibility. The Pass may be issued free of charge only to
citizens of, or persons domiciled in, the United States who have been
medically determined to be permanently disabled for purposes of section
7(20)(B)(i) of the Rehabilitation Act of 1973 (29 U.S.C. 705(20)(B)(i))
and who apply for the Pass and provide adequate documentation of a
permanent disability and citizenship or residency.
c. Requirements for Issuance. Issue the Pass only to applicants who
apply in person and who sign the Pass in the presence of the issuing
officer. Inform applicants that they are required to provide one of the
following forms of documentation to establish proof of permanent
disability:
(1) A document issued by a Federal agency providing Federal
benefits, such as the Veteran's Administration, which attests that the
applicant has been medically determined to be eligible to receive
Federal benefits as a result of a permanent disability. Other
acceptable Federal agency documents include proof of receipt of Social
Security Disability Income (SSDI) or Supplemental Security Income
(SSI);
(2) A statement signed by a licensed physician attesting that the
applicant has been medically determined to have a permanent physical,
mental, or sensory impairment that severely limits one or more major
life activities, and specifying the nature of the impairment;
(3) A document issued by a State agency, such as a vocational
rehabilitation agency, which attests that the applicant is eligible to
receive vocational rehabilitation agency benefits or services as a
result of medically determined permanent disability. Showing a State
motor vehicle department disability sticker, license plate, or hang tag
is not acceptable documentation for purposes of obtaining the Pass;
(4) A signed Statement of Disability on Forest Service Form FS-
2300-42.
* * * * *
(FSM 2331.21c-2332.5 are unchanged.]
2333--Site and Facility Planning and Design
The direction in this section applies to all Federal recreation
sites and facilities on National Forest System lands.
2333.03--Policy
* * * * *
[Paragraphs 1-4e are unchanged.]
4. Design and install facilities that are:
f. In compliance with the authorities at FSM 2330.12 setting out
Federal and agency requirements related to the accessibility and design
of recreation programs, sites, and facilities.
* * * * *
[Paragraphs 4g and 4h are unchanged.]
5. Comply with the Forest Service Outdoor Recreation Accessibility
Guidelines (FSORAG) (FSM 2330.12, para. 7):
a. When agency programs, sites, and facilities are not addressed in
Federal accessibility standards (FSM 2330.12, para. 2 and 3) or
b. When the FSORAG establishes a higher standard than Federal
accessibility standards (FSM 2330.12, para. 2 and 3).
* * * * *
[FSM 2333.1-2333.32 are unchanged.]
2333.33--Integrated Accessibility/Universal Design
Ensure that new or rehabilitated recreation sites, facilities, and
elements utilize universal design to accommodate all people, to the
greatest extent possible, including persons with disabilities.
Eliminate architectural barriers that limit use or enjoyment of
recreation opportunities (FSM 2330.3, para. 8, and FSM 2333.03, para.
4f).
* * * * *
[FSM 2333.34-2333.48 are unchanged.]
2333.5--Design Criteria
Use the criteria in FSM 2333.51 through 2333.58 to determine need,
location, and type of recreation site improvements.
2333.51--Toilets
1. Locate toilets conveniently; the maximum distance a user should
have to travel to a toilet is 500 feet.
2. Provide a sufficient number of toilets. As a general rule,
provide one toilet for every 35 persons.
3. Design each toilet to prevent unsanitary conditions and
pollution with a minimum of maintenance and to comply with FSM 2330.3,
paragraph 8, and FSM 2333.03, paragraph 4f. The design narrative must
address the type of toilet facility desirable for a particular site. In
determining the type of toilet facility to install, consider initial
cost, future operation and maintenance costs, accessibility, and the
recreation opportunity spectrum class of the site (FSM 2330.3, ex.01).
2333.52--Recreational Vehicle Sanitary Stations and Waste Water
Disposal
Design and install Forest Service recreational vehicle (RV) dump
stations only where there is environmental pollution from
indiscriminate roadside
[[Page 8065]]
dumping by persons using Forest Service facilities and/or where
commercial RV dump stations are not available within a reasonable
driving distance. Encourage the private sector to develop these
facilities, and provide the private sector with every opportunity to do
so before the Forest Service develops them. Gray water collection and
handling systems may be provided on-site when necessary to prevent
environmental pollution. Comply with the accessibility requirements for
such facilities (FSM 2330.12, para. 7, FSM 2330.3, para. 8, and FSM
2333.03, para. 4f).
2333.53--Refuse and Garbage Disposal
Provide adequate numbers of receptacles, and position them to
facilitate litter control. Large, centralized containers or clusters of
containers are usually more cost-effective than scattered small
containers; use large or clustered containers where practical. Comply
with the accessibility requirements for such receptacles and containers
(FSM 2330.3, para. 8, and FSM 2333.03, para. 4f).
2333.54--Drinking Water
All water facilities where water is intended for human consumption
must meet the standards in FSM 7421, FSM 2330.3, paragraph 8, and FSM
2333.03, paragraph 4f.
* * * * *
[FSM 2333.55-2333.56 are unchanged.]
2333.57--Convenience Facilities
Convenience facilities serve as a source of comfort to forest
visitors, rather than meeting their health and safety needs or
protecting resources. Design and install convenience facilities to be
suitable for the site where they will be located and the use they will
receive. FSM 2330.3, exhibit 01, displays the types of convenience
facilities normally provided, depending on the planned recreation
opportunity spectrum class and development scale. Facilities must
comply with FSM 2330.3, paragraph 8, and FSM 2333.03, paragraph 4f.
2333.58--Information Facilities
Install signs and posters where necessary or helpful to visitors,
but keep them to a minimum. Provide bulletin boards at a central
location for rules, regulations, time limits, and other special
information. Information facilities shall comply with FSM 2330.3,
paragraph 8, and FSM 2333.03, paragraph 4f.
* * * * *
[FSM 2333.6-2334.22 are unchanged.]
2334.23--Parking Areas and Spurs
Each campground unit must be served by a parking spot or spur that
allows safe vehicle parking off the main campground loop road. The last
25 feet of each parking spur should be level, except for the 1-to-2-
percent slope necessary for drainage, and as close to the natural grade
as possible. Parking spurs required to be accessible shall comply with
section 5.0 of the Forest Service Outdoor Recreation Accessibility
Guidelines (FSORAG) and other applicable authorities set out at FSM
2330.12, paragraph 7, FSM 2330.3, paragraph 8, and FSM 2333.03,
paragraph 4f.
2334.24--Water Access Facilities
Install facilities for boat moorings when campgrounds and picnic
grounds are accessible only by boats and when lake bottom and shoreline
characteristics do not permit boats to be drawn up safely on the beach
for short-term or overnight storage. Boat moorings consisting of docks,
piers, jetties, or tie-up anchorages located along the shore shall be
in compliance with Federal and Forest Service boating and fishing
accessibility guidelines (FSM 2330.3, para. 8, and FSM 2333.03, para.
4f).
* * * * *
[FSM 2334.25 is unchanged.]
2334.26--Camping Units
A standard camping unit consists of a table, fire grill or ring,
parking spur, and space for a tent or expansion space to accommodate a
recreational vehicle. Locate units at least 25 feet from the edge of
the campground road and at least 100 feet from lakes, streams, toilets,
and main roads.
Camping units must provide for use of the maximum variety of
camping equipment without separate loops or areas for tent or
recreational vehicle use, except where local terrain or patterns of use
indicate that segregation is practical and desirable. All site
furnishings provided in camping units shall comply with the Forest
Service Outdoor Recreation Accessibility Guidelines (FSORAG) (FSM
2330.12, para. 7, FSM 2330.3, para. 8, and FSM 2333.03, para. 4f).
1. Tent Camping Units. Tent camping units are appropriate where
terrain restrictions preclude development of a spur to accommodate
recreational vehicles (RVs). The parking spur is not the focal point of
use. A tent camping unit normally should include a 30-foot parking
spur, 12-by-16-foot, level tent pad, table, and fireplace. Parking and
all tent camping elements shall comply with the FSORAG (FSM 2330.12,
para. 7, FSM 2330.3, para. 8, and FSM 2333.03, para. 4f).
2. RV Camping Units. The parking spur is the focal point of use for
RV camping units. Provide at least 210 square feet of usable camping
space next to the spur.
a. RV camping units should include a parking spur that is at least
50 feet long or a pull-through spur, a picnic table, and a stove,
grill, or fire ring. Parking and all camping unit elements shall comply
with the FSORAG (FSM 2330.12, para. 7, FSM 2330.3, para. 8, and FSM
2333.03, para. 4f).
b. Where feasible and appropriate to the setting, the remaining
parking spurs not included in figure 5.1 of the FSORAG (FSM 2330.12,
para. 7, FSM 2330.3, para. 8, and FSM 2333.03, para. 4f) should be at
least 16 feet wide.
* * * * *
[FSM 2334.26, paragraph 3, is unchanged.]
2334.27--Picnic Units
A standard single picnic unit consists of one picnic table and, in
some cases, a stove, grill, or fireplace. All site furnishings provided
in picnic units shall comply with the FSORAG (FSM 2330.12, para. 7, FSM
2330.3, para. 8, and FSM 2333.03, para. 4f). Some of the sites may be
provided with 16-foot stationary tables to accommodate two-family use.
Space picnic units to permit privacy and prevent overuse.
2334.28--Group Campgrounds and Picnic Grounds
* * * * *
[The unnumbered introductory paragraph and paragraph 1 are
unchanged.]
2. Cooking Facilities. Provide each site or component in a group
campground or picnic area with a large, open fire grill. A food
preparation table may be needed in most group campgrounds, and a food
service table is needed in both group campgrounds and picnic areas. All
site furnishings provided in group use sites shall comply with the
FSORAG (FSM 2330.12, para. 7, FSM 2330.3, para. 8, and FSM 2333.03,
para. 4f ).
* * * * *
[The text from paragraph 3 of FSM 2334.28 through FSM 2334.33 are
unchanged.]
2334.34--Special Public Services
In general, do not permit stores, restaurants, and other commercial
developments within campgrounds and picnic grounds. If the public
requires special services, such as equipment rental (for example,
rental of boats,
[[Page 8066]]
bathing suits, or towels), clothes lockers, or shuttle transportation,
they may be authorized under a special use authorization (FSM 2343.7).
Before these services are authorized, a determination shall be made
that there is a need for them that cannot be met on nearby private
lands, that it would be financially viable to provide these services,
and that they can be furnished at reasonable rates. If facilities are
provided, they shall comply with FSM 2330.3, paragraph 8, and FSM
2333.03, paragraph 4f.
* * * * *
[FSM 2334.35 is unchanged.]
2335--Development of Sites Other Than Campgrounds and Picnic Areas
2335.1--Boating Sites
Develop suitable boating sites along lakes, reservoirs, and rivers
primarily to launch boats. Sites may also offer boating services,
including mooring space, repair services, boat rental, and the sale of
gasoline, oil, and miscellaneous items. When these types of services
are desirable, allow concessionaires to provide them under a special
use authorization (FSM 2343.2 and 2721.52). Facilities that are
provided shall comply with the Federal and Forest Service accessibility
guidelines for boating and fishing (FSM 2330.3, para. 8, and FSM
2333.03, para. 4f).
2335.11--Design
* * * * *
[Paragraphs 1-5 are unchanged.]
6. Design facilities in accordance with FSM 2330.3, paragraph 8,
and FSM 2333.03, paragraph 4f.
* * * * *
[FSM 2335.12-2335.13 and the unnumbered paragraph in FSM 2335.2,
Swimming Sites, are unchanged.]
2335.21--Design
5. Ensure that new or reconstructed beach access routes comply with
the beach access routes section of the FSORAG (FSM 2330.12, para. 7,
and FSM 2333.03, para. 4f).
* * * * *
[The remainder of the chapter (FSM 2335.22-2336) is unchanged.]
[FR Doc. 05-3069 Filed 2-16-05; 8:45 am]
BILLING CODE 3410-11-P
