Federal Management Regulation; Accessibility Standard for Pedestrian Facilities in the Public Right-of-Way, 55072-55078 [2024-14424]
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Federal Register / Vol. 89, No. 128 / Wednesday, July 3, 2024 / Rules and Regulations
ANCSA Corporations indicates these
methods of harvest are not common, the
rule will not have a substantial direct
effect on federally recognized Tribes or
ANCSA Corporation lands, water areas,
or resources.
Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission to the Office of
Management and Budget under the
Paperwork Reduction Act is not
required. The NPS may not conduct or
sponsor and you are not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
National Environmental Policy Act
The NPS prepared the EA evaluating
the effects of this rule and issued the
FONSI concluding that this rule does
not constitute a major Federal action
significantly affecting the quality of the
human environment. A detailed
statement under the National
Environmental Policy Act of 1969 is not
required because of the FONSI. The EA
and FONSI considered new information
as appropriate and responded to
comments received during the public
comment period and during
consultation by analyzing impacts
under a range of alternatives.
Effects on the Energy Supply (Executive
Order 13211)
This rule is not a significant energy
action under the definition in Executive
Order 13211. The rule is not likely to
have a significant adverse effect on the
supply, distribution, or use of energy
and has not otherwise been designated
by the Administrator of Office of
Information and Regulatory Affairs as a
significant energy action. A Statement of
Energy Effects is not required.
List of Subjects in 36 CFR Part 13
Alaska, National parks.
In consideration of the foregoing, the
National Park Service amends 36 CFR
part 13 as set forth below:
GENERAL SERVICES
ADMINISTRATION
§ 13.1
41 CFR Part 102–76
Definitions.
*
*
*
*
*
Furbearer means one of the following
species: beaver, coyote, arctic fox, red
fox, lynx, marten, mink, least weasel,
short-tailed weasel, muskrat, land otter,
red squirrel, flying squirrel, ground
squirrel, Alaskan marmot, hoary
marmot, woodchuck, wolf, and
wolverine.
*
*
*
*
*
Trapping means taking furbearers
under a trapping license with a trap, or
with a firearm when a furbearer is:
(1) Ensnared in an intact trap;
(2) Ensnared in a trap that is no longer
anchored; or
(3) Mortally wounded by a trap but
that has broken free from the trap.
*
*
*
*
*
3. In § 13.42, add paragraphs (f) and
(k) to read as follows:
■
§ 13.42 Taking of wildlife in national
preserves.
*
*
*
*
*
(f) Using bait is prohibited except for
taking furbearers with a trap under a
trapping license. Using bait to attract or
take bears is prohibited.
*
*
*
*
*
(k) The paragraphs of this section are
separate and severable from one
another. If any paragraph or portion of
this section is stayed or determined to
be invalid, or the applicability of any
paragraph of this section to any person
or entity is held invalid, it is NPS’s
intention that the validity of the
remainder of those parts shall not be
affected, with the remaining sections to
continue in effect.
1. The authority citation for part 13
continues to read as follows:
Signing Authority: On June 28, 2024,
Shannon Estenoz, Assistant Secretary for
Fish and Wildlife and Parks, approved this
action for publication. On June 28, 2024,
Shannon Estenoz also authorized the
undersigned to sign this document
electronically and submit it to the Office of
the Federal Register for publication as an
official document of the Department of the
Interior.
Authority: 16 U.S.C. 3101 et seq.; 54
U.S.C. 100101, 100751, 320102; Sec. 13.1204
also issued under Pub. L. 104–333, Sec. 1035,
110 Stat. 4240, November 12, 1996.
Maureen Foster,
Chief of Staff, Office of the Assistant Secretary
for Fish and Wildlife and Parks.
PART 13—NATIONAL PARK SYSTEM
UNITS IN ALASKA
■
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The addition and revision read as
follows:
2. In § 13.1:
a. Add in alphabetical order the
definition ‘‘Furbearer’’; and
■ b. Revise the definition of ‘‘Trapping’’.
■
■
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[FMR Case 2023–102–03; Docket No. GSA–
FMR–2023–0012; Sequence No. 1]
RIN 3090–AK76
Federal Management Regulation;
Accessibility Standard for Pedestrian
Facilities in the Public Right-of-Way
Office of Government-wide
Policy (OGP), U.S. General Services
Administration (GSA).
ACTION: Final rule with 60-day comment
period.
AGENCY:
GSA is issuing a final rule
amending the Federal Management
Regulation (FMR) regarding real
property design and construction to
adopt the new accessibility guidelines
issued by the Architectural and
Transportation Barriers Compliance
Board (Access Board).
DATES:
Effective date: September 3, 2024.
Comment date: Interested parties
should submit written comments to the
Regulatory Secretariat Division at the
address shown below on or before
September 3, 2024, to be considered in
the formation of future rulemaking.
ADDRESSES: Submit comments in
response to FMR case 2023–102–03 to:
Regulations.gov at https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FMR Case 2023–102–03.’’
Select the link ‘‘Comment Now’’ that
corresponds with FMR Case 2023–102–
03. Follow the instructions provided at
the ‘‘Comment Now’’ screen. Please
include your name, company name (if
any), and ‘‘FMR Case 2023–102–03’’ on
your attached document. If your
comment cannot be submitted using
https://www.regulations.gov, call or
email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
Instructions: Please submit comments
only and cite FMR Case 2023–102–03 in
all correspondence related to this case.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal or business confidential
information, or both, provided. To
confirm receipt of your comment(s),
please check https://
www.regulations.gov approximately two
to three days after submission to verify
posting.
FOR FURTHER INFORMATION CONTACT: Mr.
Chris Coneeney, Director, Real Property
Policy Division, Office of GovernmentSUMMARY:
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wide Policy, at 202–208–2956 or
chris.coneeney@gsa.gov, for clarification
of content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755 or GSARegSec@gsa.gov.
Please cite FMR Case 2023–102–03.
SUPPLEMENTARY INFORMATION:
I. Background
GSA is revising its Architectural
Barriers Act Accessibility Standard to
adopt the accessibility guidelines for
pedestrian facilities in the public rightof-way dedicated to transportation, as
defined in 41 CFR 102–76.100
(hereafter, pedestrian facilities in the
public right-of-way), issued by the
Access Board in its final rule
‘‘Accessibility Guidelines for Pedestrian
Facilities in the Public Right-of-Way’’
that became effective on October 7, 2023
(36 CFR part 1190).1 That final rule
provides minimum guidelines for all
newly constructed pedestrian facilities
and altered portions of existing
pedestrian facilities for pedestrian
circulation and use in the public rightof-way. These guidelines, once adopted,
will serve as the technical basis of
enforceable standards issued by GSA
under the Architectural Barriers Act of
1968, as amended (ABA), and would
ensure that facilities used by
pedestrians that are subject to the ABA,
such as sidewalks and crosswalks
constructed or altered in the public
right-of-way by Federal, state, and local
governments using Federal funds, are
readily accessible to and usable by
pedestrians with disabilities.
The purpose of the guidelines issued
by the Access Board is to ensure that
pedestrian facilities located in the
public right-of-way to which the ABA
applies (as defined in § 102–76.60) are
readily accessible to and usable by
persons with disabilities. As noted by
the Access Board, these guidelines were
developed with public input from
disability advocacy organizations,
technical experts, individual members
of the public with disabilities, and
Federal agencies.
The Federal Government, which seeks
to be a leader in accessibility, has been
without clear, specific, enforceable
technical accessibility standards for
pedestrian facilities in the public rightof-way that are subject to the ABA. The
adoption of the Access Board’s
guidelines as part of GSA’s
Architectural Barriers Act Accessibility
Standard will create and support a
1 88 FR 53604, August 8, 2023 (https://
www.federalregister.gov/documents/2023/08/08/
2023-16149/accessibility-guidelines-for-pedestrianfacilities-in-the-public-right-of-way).
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consistent Federal standard to ensure
accessibility in the public right-of-way.
The statutory underpinning for this
rule is 42 U.S.C. 4152, which directs the
Administrator of General Services to
prescribe standards for the design,
construction, and alteration of buildings
(other than certain residential
structures, and facilities of the
Department of Defense and the United
States Postal Service) to ensure, to the
maximum extent feasible, that persons
with disabilities have ready access to,
and use of, such buildings.
The GSA standard would ensure that
pedestrian facilities covered by the ABA
in the public right-of-way would adhere
to the Access Board’s accessibility
guidelines for pedestrian facilities in the
public right-of-way. All other facilities
that are referenced in 41 CFR 102–76.65
would be covered by the ABA standard
previously issued by GSA.
Key accessibility features of
pedestrian facilities in the public rightof-way covered by the GSA standard
would include:
• Pedestrian Routes
• Alternate Pedestrian Routes
• Pedestrian Signals
• Crosswalks
• On-Street Parking
• Transit Stops
• Passenger Loading Zones
The GSA standard is applicable to
new construction and alterations of
pedestrian facilities subject to the ABA
as stated in 41 CFR 102–76.60 that are
on public land acquired for or dedicated
to transportation purposes, or on other
land where there is a legally established
right for use by the public for
transportation purposes.2
Adopting this standard is another way
for GSA to formalize its commitment to
ensure accessibility for persons with
disabilities by creating more accessible
features in the public right-of-way.
Also, adopting this standard as part of
its Architectural Barriers Act
Accessibility Standard furthers GSA’s
commitment to Diversity, Equity,
Inclusion, and Accessibility, as
included in GSA’s Strategic Plan 3 and
implementation of Executive Orders
13985,4 14035,5 and 14091.6 GSA’s plan
2 See 36 CFR part 1190, appendix, section R104.3
(definition of ‘‘public right-of-way’’).
3 https://www.gsa.gov/system/files/GSA_
Strategic_Plan_FY_2022_-_2026_FINAL_508.pdf.
4 https://www.whitehouse.gov/briefing-room/
presidential-actions/2021/01/20/executive-orderadvancing-racial-equity-and-support-forunderserved-communities-through-the-federalgovernment/.
5 https://www.whitehouse.gov/briefing-room/
presidential-actions/2021/06/25/executive-orderon-diversity-equity-inclusion-and-accessibility-inthe-federal-workforce/.
6 https://www.whitehouse.gov/briefing-room/
presidential-actions/2023/02/16/executive-order-
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advances accessibility in many ways,
but, in particular, through outreach to
persons with disabilities. By adopting
the guidelines for pedestrian facilities in
the public right-of-way as part of its
Architectural Barriers Act Accessibility
Standard, GSA is directly addressing its
policy of outreach to persons with
disabilities by requiring enhanced
accessible features to help ensure a
more welcoming and accessible path to
Federal facilities covered under § 102–
76.65(a).
II. Discussion of the Final Rule
A. Summary of Significant Changes
GSA is adding §§ 102–76.100 through
102–76.125 to subpart C of part 102–76
of the FMR to incorporate the Access
Board’s ‘‘Accessibility Guidelines for
Pedestrian Facilities in the Public Rightof-Way’’ final rule, which became
effective on October 7, 2023 (36 CFR
part 1190), as part of its Architectural
Barriers Act Accessibility Standard. If
GSA did not adopt the Access Board’s
guidelines into its ABA standard, the
status quo would be that GSA and every
other entity that is subject to the ABA
would continue to work with the
various state and local guidelines and
standards. By adopting these guidelines,
GSA is endorsing a consistent standard
applied to pedestrian facilities in the
public right-of-way. This will reduce
confusion and enhance accessibility for
facilities subject to the ABA.
B. Regulatory Impact Analysis
During the first and subsequent years
after publication of the rule, new
construction employees and alteration
and renovation employees (which
include a combination of project
managers and subject matter experts
(SME)) must comply with the standards
for pedestrian facilities in the public
right-of-way. These employees will
conduct an accessibility standards
comparison review on applicable
projects between state and local
accessibility standards and Federal
accessibility standards. GSA estimates
this cost by multiplying the time
required to review the regulation and
guidance implementing the rule by the
estimated hourly compensation. For the
following calculations, GSA calculates
the estimated hourly compensation 7
using the U.S. Office of Personnel
Management’s 2023 General Schedule
on-further-advancing-racial-equity-and-support-forunderserved-communities-through-the-federalgovernment/.
7 Computing Hourly Rates of Pay Using the 2,087Hour Divisor (https://www.opm.gov/policy-dataoversight/pay-leave/pay-administration/fact-sheets/
computing-hourly-rates-of-pay-using-the-2087hour-divisor/).
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(GS) Rest of United States Locality Pay
Table,8 a full fringe benefit cost factor of
36.25 percent 9 and an overhead cost
factor of 12 percent as provided by
Office of Management and Budget
(OMB) Circular A–76.10 GSA assumes
the new construction employees and the
alteration and renovation employees
will, on average, stay consistent in the
subsequent years.11 After publication of
the rule, GSA anticipates additional
construction costs will be incurred
related to the accessibility
improvements from this standard for
applicable projects. GSA estimates this
additional construction cost by
multiplying the average construction
costs by the accessibility improvements
cost as a percentage of total construction
cost. Below is a list of costs that GSA
anticipates the Government will incur.
GSA does not anticipate any costs to the
public.
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1. Governmentwide Training
The Government must educate its
new construction employees and
alteration and renovation employees on
projects where the standard may apply
through a governmentwide outreach to
increase their familiarity with the
standard. Below is a list of training and
communication activities related to
regulatory familiarization and
compliance that GSA anticipates will
occur. GSA assumes costs related to the
development and updating of training
materials are de minimis because the
training materials to be used are already
developed and updated and not as a
result of this rule.12
GSA assumes it will take 1 GSA
accessibility SME on average, with a
GS–14 step 5 (as presumed based on
prior experiences by the SME in the
National Accessibility Office of GSA)
with an average hourly rate of $93.70/
hour, 2 hours in year 1 to review the
Accessibility Guidelines for Pedestrian
Facilities in the Public Right-of-Way
training content for new construction
employees and alteration and
renovation employees on projects where
the standard applies. Therefore, GSA
estimates the total annual estimated cost
for this part of the rule for year 1 to be
$187 (= 1 × $93.70 GS–14 step 5 rate ×
2 hours).
GSA assumes it will take 1 GSA
accessibility SME on average, with a
GS–14 step 5 (as presumed based on
prior experiences by the SME in the
National Accessibility Office of GSA)
with an average hourly rate of $93.70/
hour, 0.5 hour in years 2 through 10 to
review the updated Accessibility
Guidelines for Pedestrian Facilities in
the Public Right-of-Way training content
for new construction employees and
alteration and renovation employees on
projects where the standard applies.
Therefore, GSA estimates the total
annual estimated cost for this part of the
rule for years 2 through 10 to be $47 (=
1 × $93.70 GS–14 step 5 rate × 0.5 hour).
GSA assumes it will take 1 GSA
attorney on average, with a Senior
Executive Level (SES) Level 3 (as
presumed based on prior experiences by
the SME in the National Accessibility
Office of GSA) with an average hourly
rate of $138.52/hour, 4 hours in year 1
to review the Accessibility Guidelines
for Pedestrian Facilities in the Public
Right-of-Way training content for new
construction employees and alteration
and renovation employees on projects
where the standard applies. Therefore,
GSA estimates the total annual
estimated cost for this part of the rule
for year 1 to be $554 (= 1 × $138.52 SES
Level 3 rate × 4 hours).
GSA assumes it will take 1 GSA
attorney on average, with an SES Level
3 with an average hourly rate of
$138.52/hour, 1 hour in years 2 through
10 to review the updated Accessibility
Guidelines for Pedestrian Facilities in
the Public Right-of-Way training content
for new construction employees and
alteration and renovation employees on
projects where the standard applies.
Therefore, GSA estimates the total
annual estimated cost for this part of the
rule for years 2 through 10 to be $139
(= 1 × $138.52 SES Level 3 rate × 1
hour).
GSA assumes it will take 2 Access
Board employees on average, with a GS–
13 step 5 with an average hourly rate of
$79.29/hour, 10 hours each in years 1
through 10 to deliver the Accessibility
Guidelines for Pedestrian Facilities in
the Public Right-of-Way training content
to GSA new construction employees
and alteration and renovation
employees on projects where the
standard applies. Therefore, GSA
estimates the total annual estimated cost
for this part of the rule for years 1
through 10 to be $1,586 (= 2 × $79.29
GS–13 step 5 rate × 10 hours).
GSA assumes it will take 200 Federal
project managers and SMEs on average,
with a GS–13 step 5 with an average
hourly rate of $79.29/hour, 5 hours each
in years 1 through 10 to receive the
Accessibility Guidelines for Pedestrian
Facilities in the Public Right-of-Way
training content 13 on projects where the
standard applies. Therefore, GSA
estimates the total annual estimated cost
for this part of the rule for years 1
through 10 to be $79,290 (= 200 ×
$79.29 GS–13 step 5 rate × 5 hours).
A breakdown of undiscounted total
annual estimated Government training
costs by year is provided in the table
below.
Year
1
2
3
4
5
6
7
8
9
10
Government wide
Training .................
$81,617
$81,061
$81,061
$81,061
$81,061
$81,061
$81,061
$81,061
$81,061
$81,061
2. New Construction
New construction employees on
projects where the Federal Government
scope of work extends into the public
right-of-way will need to conduct
activities in compliance with the new
standard. GSA anticipates additional
construction costs will be incurred
related to the accessibility requirements
from this standard for applicable
projects. Below is a list of compliance
activities that GSA anticipates will
occur.
GSA assumes it will take 200 Federal
project managers and SMEs on average,
with a GS–13 step 5 with an average
hourly rate of $79.29/hour, 1.5 hours
8 General Schedule (https://www.opm.gov/policydata-oversight/pay-leave/salaries-wages/2023/
general-schedule).
9 OMB Memo M–08–13, dated March 11, 2008
(https://www.whitehouse.gov/wp-content/uploads/
legacy_drupal_files/omb/memoranda/2008/m0813.pdf).
10 OMB Circular A–76 (https://georgewbushwhitehouse.archives.gov/omb/circulars/a076/a76_
incl_tech_correction.html).
11 GSA makes these assumptions based on
historical familiarization hours and SME judgment.
12 The ABA guidelines are nearly identical to the
ADA guidelines, which are already developed and
updated and based on historical familiarization
SME judgment. GSA assumes the ADA training
materials will be used for ABA guidelines
familiarization.
13 GSA makes these assumptions based on the
Access Board’s historical familiarization hours and
SME judgment.
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Federal Register / Vol. 89, No. 128 / Wednesday, July 3, 2024 / Rules and Regulations
each in years 1 through 10 to conduct
an accessibility standards comparison
review between state and local
accessibility requirements and Federal
accessibility requirements for federally
owned and leased-to-own new
construction projects where the
standard applies. Therefore, GSA
estimates the total annual estimated cost
for this part of the rule for years 1
through 10 to be $23,787 (= 200 ×
$79.29 GS–13 step 5 rate × 1.5 hours).
GSA assumes the additional
construction cost that will be incurred
related to the accessibility
improvements from this standard for
applicable projects by multiplying the
average construction costs by the
accessibility improvements cost as a
percentage of total construction cost.
Average construction costs are based on
internal GSA historical data sources.
GSA assumes, based on recently
completed projects of a similar nature
within the last 10 years, 1 large-scale
GSA facility project covered by ABA
will be newly constructed every 5 years
with an average construction cost of
$300,000,000. GSA estimates, based on
recently completed projects of a similar
nature within the last 10 years, on
average, the additional construction
costs related to the accessibility
improvements from this rule to be 0.35
percent of the total construction cost.
Therefore, GSA estimates the total
annual estimated cost for this part of the
rule for years 1 and 6 to be $1,050,000
(= $300,000,000 × 0.35 percent).
GSA assumes, based on recently
completed projects of a similar nature
Year
Accessibility Standards Comparison Review ........................................................
GSA large-scale facilities ..........................
GSA smaller-scale facilities ......................
Other Federal agency large-scale facilities
Other Federal agency smaller-scale facilities .........................................................
Total New Construction Costs ...........
2
3
4
5
6
7
8
9
10
$23,787
1,050,000
675,000
1,050,000
$23,787
................
675,000
................
$23,787
................
675,000
................
$23,787
................
675,000
1,050,000
$23,787
................
675,000
................
$23,787
1,050,000
675,000
................
$23,787
................
675,000
1,050,000
$23,787
................
675,000
................
$23,787
................
675,000
................
$23,787
................
675,000
1,050,000
1,350,000
1,350,000
1,350,000
1,350,000
1,350,000
1,350,000
1,350,000
1,350,000
1,350,000
1,350,000
4,148,787
2,048,787
2,048,787
3,098,787
2,048,787
3,098,787
3,098,787
2,048,787
2,048,787
3,098,787
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Alteration and renovation employees
on projects where the government’s
scope of work is affected by the
standard will need to conduct activities
in compliance with the new standard.
GSA anticipates additional construction
costs will be incurred related to the
accessibility requirements from this
standard for applicable projects. Below
14 GSA used the Fiscal Year 2023 FRPP Summary
Data Set at https://www.gsa.gov/policy-regulations/
policy/real-property-policy-division-overview/datacollection-and-reports/frpp-summary-report-library.
18:48 Jul 02, 2024
by applying the ratio of 2, other Federal
agencies will have an estimated 4 largescale Federal facility projects covered by
ABA newly constructed over a 10-year
period. GSA assumes other Federal
agencies impacted by this standard to
have a similar average construction cost
of $300,000,000 per project and a
similar additional construction cost
related to the accessibility
improvements from this standard of
0.35 percent of the total construction
cost. Therefore, GSA estimates the total
annual estimated cost for this part of the
rule for years 1, 4, 7, and 10 to be
$1,050,000 (= $300,000,000 × 0.35
percent).16
GSA extrapolates, on average, that if
GSA has 2 smaller-scale Federal facility
projects covered by ABA newly
constructed every year, then by
applying the ratio of 2, other Federal
agencies will have an estimated 4
smaller-scale Federal facility projects
covered by ABA newly constructed
every year. GSA assumes other Federal
agencies impacted by this standard to
have a similar average construction cost
of $45,000,000 per project and a similar
additional construction cost related to
the accessibility improvements from
this standard of 0.75 percent of the total
construction cost. Therefore, GSA
estimates the total annual estimated cost
for this part of the rule for years 1
through 10 to be $1,350,000 (= 4 ×
$45,000,000 × 0.75 percent).
A breakdown of the undiscounted
total annual estimated cost by year is
provided in the table below.17
1
3. Alteration and Renovation
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within the last 10 years, 2 smaller-scale
GSA facility projects covered by ABA
will be newly constructed every year
with an average construction cost of
$45,000,000. GSA estimates, based on
recently completed projects of a similar
nature within the last 10 years, on
average, the additional construction
costs related to the accessibility
improvements from this standard to be
0.75 percent of the total construction
cost. Therefore, GSA estimates the total
annual estimated cost for this part of the
rule for years 1 through 10 to be
$675,000 (= 2 × $45,000,000 × 0.75
percent).
Due to the lack of readily available
data that identifies the new construction
profile of other Federal agencies
impacted by this rule, GSA extrapolated
the burden to other Federal agencies
impacted by this rule. Based on GSA’s
Federal Real Property Profile
Management System (FRPP MS) data 14
GSA comprises 36 percent of civilian
building square footage. Therefore, GSA
assumes GSA comprises 36 percent of
Federal agency new construction and
other Federal agencies comprise the
remaining 64 percent of Federal agency
new construction. GSA calculates an
estimated new construction ratio of
other Federal agencies to GSA to be 2
(= 64 percent/36 percent).15 GSA
assumes other Federal agencies
impacted by this standard to have
similar average construction costs.
GSA extrapolates, on average, that if
GSA has 2 large-scale Federal facility
projects covered by ABA newly
constructed over a 10-year period, then
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is a list of compliance activities that
GSA anticipates will occur.
GSA assumes it will take 200 Federal
project managers and SMEs on average,
with a GS–13 step 5 with an average
hourly rate of $79.29/hour, 1.5 hours
each in years 1 through 10 to conduct
an accessibility standards comparison
review between state and local
accessibility requirements and Federal
accessibility requirements for federally
owned alteration and renovation
projects where the standard applies.
Therefore, GSA estimates the total
annual estimated cost for this part of the
rule for years 1 through 10 to be $23,787
(= 200 × $79.29 GS–13 step 5 rate × 1.5
hours).
GSA assumes the additional
construction cost that will be incurred
related to the accessibility
improvements from this standard for
15 This ratio is rounded to the nearest whole
number.
16 GSA assumes the estimated total number of
projects to be spread evenly over the 10-year period.
17 Costs in this table are presented in
undiscounted and constant dollars.
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applicable projects by multiplying the
average construction costs by the
accessibility improvements cost as a
percentage of total construction cost.
Average construction costs are based on
internal GSA historical data sources.
GSA assumes, on average, 1 GSA
alteration and renovation facility project
covered by ABA will be constructed
every 5 years with an average
construction cost of $5,000,000. GSA
estimates, based on recently completed
projects of a similar nature within the
last 10 years, on average, the additional
construction costs related to the
accessibility improvements from this
rule to be 5 percent of the total
construction cost. Therefore, GSA
estimates the total annual estimated cost
for this part of the rule for years 1 and
6 to be $250,000 (= $5,000,000 × 5
percent).18
Due to the lack of readily available
data that identifies the alteration and
renovation profile of other Federal
Year
1
Accessibility Standards Comparison Review ........................................................
GSA Alteration and Renovation ................
Other Federal agencies Alteration and
Renovation .............................................
Total Alteration and Renovation
Costs ..............................................
GSA extrapolates, on average, that if
GSA has 2 alteration and renovation
Federal facility projects covered by ABA
over a 10-year period, then by applying
the ratio of 2, other Federal agencies
will have an estimated 4 alteration and
renovation Federal facility projects
covered by ABA over a 10-year period.
GSA assumes other Federal agencies
impacted by this standard to have a
similar average construction cost of
$5,000,000 per project and a similar
additional construction cost related to
the accessibility improvements from
this standard of 5 percent of the total
construction cost. Therefore, GSA
estimates the total annual estimated cost
for this part of the rule for years 1, 4,
7, and 10 to be $250,000 (= $5,000,000
× 5 percent).21
A breakdown of the undiscounted
total annual estimated cost by year is
provided in the table below.22
agencies impacted by this rule, GSA
extrapolated the burden to other Federal
agencies impacted by this rule. To
estimate the aggregate burden to other
Federal agencies impacted by this rule,
GSA assumes other Federal agencies
impacted by this rule to have a similar
alteration and renovation profile to
GSA’s. Based on GSA’s FRPP MS data 19
GSA comprises 36 percent of civilian
building square footage. Therefore, GSA
assumes GSA comprises 36 percent of
Federal agency alteration and
renovation construction and other
Federal agencies comprise the
remaining 64 percent of Federal agency
alteration and renovation construction.
GSA calculates an estimated alteration
and renovation construction ratio of
other Federal agencies to GSA to be 2
(= 64 percent/36 percent).20 GSA
assumes other Federal agencies
impacted by this standard to have
similar average construction costs.
2
3
4
5
6
7
8
9
10
$23,787
250,000
$23,787
................
$23,787
................
$23,787
................
$23,787
................
$23,787
250,000
$23,787
................
$23,787
................
$23,787
................
$23,787
................
250,000
................
................
250,000
................
................
250,000
................
................
250,000
523,787
23,787
23,787
273,787
23,787
273,787
273,787
23,787
23,787
273,787
4. Total Government Costs
A breakdown of undiscounted total
estimated Government costs by year is
provided in the table below.
Year
1
2
3
4
5
6
7
8
9
10
Government wide Training ........................
New Construction ......................................
Alteration and Renovation .........................
$81,617
4,148,787
523,787
$81,061
2,048,787
23,787
$81,061
2,048,787
23,787
$81,061
3,098,787
273,787
$81,061
2,048,787
23,787
$81,061
3,098,787
273,787
$81,061
3,098,787
273,787
$81,061
2,048,787
23,787
$81,061
2,048,787
23,787
$81,061
3,098,787
273,787
Total Government Costs ....................
4,754,191
2,153,635
2,153,635
3,453,635
2,153,635
3,453,635
3,453,635
2,153,635
2,153,635
3,453,635
5. Total Overall Costs
The discounted estimated total overall
cost over a 10-year period is
$25,163,860 at a 3 percent discount rate
and $20,885,096 at a 7 percent discount
rate, as there is no direct cost to the
public under this rule. The following is
a summary of the estimated costs
calculated for a 10-year time horizon at
a 3 and 7 percent discount rate:
khammond on DSKJM1Z7X2PROD with RULES
Summary
Total costs
Present Value (3 percent) .................
Annualized Costs (3 percent) ............
Present Value (7 percent) .................
$25,163,860
2,949,972
20,885,096
18 This information is based on internal GSA
historical data sources.
19 GSA used the Fiscal Year 2023 FRPP Summary
Data Set at https://www.gsa.gov/policy-regulations/
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18:48 Jul 02, 2024
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Additional benefits that arise from
GSA adopting the guidelines issued by
the Access Board relate to safety and
accessibility for pedestrians. Shortening
travel distances from on-street parking
to building entrances will enhance the
accessibility of buildings for people
with mobility-related disabilities while
also being more efficient for everyone
who uses street parking. It will also
support the mobility of people with
disabilities by increasing the sidewalk
sizes and by regulating the ground slope
at passenger loading zones to prevent
them from being too steep. Wider
sidewalks will increase the ease of
maneuverability when passing people
on the sidewalk and, thereby, reduce
accidental collisions, as well as better
accommodate mobility aids, such as, but
not limited to, walkers, rollators, and
both manual and electric wheelchairs.
Further, requirements for better audio
and tactile warning systems, including,
but not limited to, audio signal
warnings, truncated domes, and
policy/real-property-policy-division-overview/datacollection-and-reports/frpp-summary-report-library.
20 This ratio is rounded to the nearest whole
number.
21 GSA assumes the estimated total number of
projects to be spread evenly over the 10-year period.
22 Costs in this table are presented in
undiscounted and constant dollars.
Summary
Total costs
Annualized Costs (7 percent) ............
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detectable warning pavers, will increase
safety for some pedestrians with
disabilities by alerting them to an
imminent street crossing or to when
they have the right-of-way to cross the
street. These improvements also reduce
anxiety for pedestrians when
transitioning from a sidewalk to a street
crosswalk.
In the Access Board final rule, section
7A, the Final Regulatory Impact
Analysis, concluded that the rule,
which covers state, local, and Federal
public rights-of-way, would result in
approximately $15.5 billion in
annualized benefits compared to $196.7
million in annualized costs, using a 7%
discounting rate.
khammond on DSKJM1Z7X2PROD with RULES
6. Analysis of the Alternatives
The preferred process is the process
laid out in the analysis above. However,
GSA has analyzed two alternatives to
the preferred process.
Alternative 1: GSA could decide to
take no regulatory action. No action
from the Government would prevent
GSA from adopting the guidelines
issued by the Access Board. The
Government would not incur the
additional costs associated with this
final rule; however, the benefits of
having a consistent Federal ABA
standard for the accessibility of
pedestrian facilities in the public rightof-way outweigh the costs. As a result,
GSA rejected this alternative.
Alternative 2: GSA could adopt as an
alternative more stringent accessibility
standards. However, adopting more
stringent accessibility standards would
result in a higher cost than what is
currently estimated. Multiple standards
may also cause confusion as to the
application of the Access Board’s
accessibility guidelines. As a result,
GSA rejected this alternative.
III. Executive Orders 12866, 13563, and
14904
E.O. 12866, ‘‘Regulatory Planning and
Review’’ (58 FR 51735, October 4, 1993),
directs agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563, ‘‘Improving
Regulation and Regulatory Review’’ (76
FR 3821, January 21, 2011), emphasizes
the importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. E.O. 14094, ‘‘Modernizing
Regulatory Review’’ (88 FR 21879, April
11, 2023), amends section 3(f) of E.O.
VerDate Sep<11>2014
18:48 Jul 02, 2024
Jkt 262001
12866 and supplements and reaffirms
the principles, structures and
definitions governing contemporary
regulatory review established in E.O.
12866 and E.O. 13563. The OMB Office
of Information and Regulatory Affairs
(OIRA) has determined that this rule is
a significant regulatory action and,
therefore, it was reviewed under
subsection 6(b) of E.O. 12866.
IV. Congressional Review Act
OIRA has determined that this rule is
not a ‘‘major rule’’ under 5 U.S.C.
804(2). Subtitle E of title II of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (codified at 5
U.S.C. 801–808), also known as the
Congressional Review Act or CRA,
generally provides that before a rule
may take effect, unless excepted, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. This rule is
excepted from CRA reporting
requirements prescribed under 5 U.S.C.
801, as it relates to agency management
or personnel under 5 U.S.C. 804(3)(B).
V. Regulatory Flexibility Act
This final rule will not have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq.,
because it applies to agency
management or personnel. This final
rule is also exempt from the
Administrative Procedure Act pursuant
to 5 U.S.C. 553(a)(2) because it applies
to agency management or personnel.
Therefore, a Final Regulatory Flexibility
Analysis was not performed.
VI. Administrative Procedure Act
This rulemaking is exempt from the
advance notice-and-comment and
delayed-effective-date requirements of
the Administrative Procedure Act
pursuant to 5 U.S.C. 553(a)(2) because
this rulemaking relates to agency
management or personnel or to public
property, loans, grants, benefits, or
contracts. This rulemaking applies to
public property and how it relates to the
public right-of-way so that the public
property is accessible for persons with
disabilities.
VII. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FMR do not impose recordkeeping or
information collection requirements, or
the collection of information from
offerors, contractors or members of the
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55077
public, that require the approval of
OMB under 44 U.S.C. 3501 et seq.
VIII. Severability
GSA is proposing to add a new
provision on severability at 41 CFR 102–
76.125, which states that all provisions
included in subpart C of part 102–76 are
separate and severable from one
another.
If any particular term or provision in
subpart C of part 102–76, or the
application thereof to any agency or
circumstance, is determined by a court
of competent jurisdiction to be invalid
or unenforceable, the remaining terms
or provisions, or the application of such
term or provision to agencies or
circumstances other than those to which
it is invalid or unenforceable, will not
be affected thereby, and each term and
provision of this rule will be valid and
be enforced to the fullest extent
permitted by law. For example, if any
provision relating to the Architectural
Barriers Act Accessibility Standard for
pedestrian facilities in the public rightof-way is determined to be invalid, the
other provisions of the Architectural
Barriers Act Accessibility Standard,
including the standards for pedestrian
facilities, would remain in full force and
effect.
Further, any cross-references that
appear throughout subpart C of part
102–76 are duplicative and are intended
only to make the regulations more userfriendly. Invalidation of a particular
provision that is cross-referenced
elsewhere will not materially alter the
provision that contains the crossreference.
In summary, removal of any particular
provision from subpart C of part 102–76
would not render the entire regulatory
scheme unworkable. Thus, GSA
considers each of the provisions in
subpart C of part 102–76 to be separate
and severable from one another. In the
event of a stay or invalidation of any
particular provision, it is GSA’s
intention that the remaining provisions
will continue in effect.
List of Subjects in 41 CFR Part 102–76
Energy conservation, Federal
buildings and facilities, Government
property management, Individuals with
disabilities, Rates and fares, Security
measures.
Robin Carnahan,
Administrator of General Services.
For the reasons set forth in the
preamble, GSA amends 41 CFR part
102–76 as set forth below:
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Federal Register / Vol. 89, No. 128 / Wednesday, July 3, 2024 / Rules and Regulations
PART 102–76—DESIGN AND
CONSTRUCTION
1. The authority citation for part 102–
76 is revised to read as follows:
■
Authority: 40 U.S.C. 121(c) (in furtherance
of the Administrator’s authorities under 40
U.S.C. 3301–3315 and elsewhere as included
under 40 U.S.C. 581 and 583); 42 U.S.C.
4152.
2. Add an undesignated center
heading and §§ 102–76.100 through
102–76.125 to subpart C to read as
follows:
■
Subpart C—Architectural Barriers Act
Sec.
*
*
*
*
*
Public Rights-of-Way
102–76.100 What definition applies to this
part?
102–76.105 What standard must public
rights-of-way subject to the Architectural
Barriers Act and covered under § 102–
76.65(a) meet?
102–76.110 Where pedestrian facilities
subject to the standard in § 102–
76.105(a) are altered, must an alteration
to a pedestrian facility be connected by
a compliant pedestrian access route to an
existing pedestrian circulation path?
102–76.115 Who has the authority to waive
or modify the standards in § 102–
76.105(a)?
102–76.120 What recordkeeping
responsibilities do Federal agencies
have?
102–76.125 What portions of this subpart
are severable?
*
*
*
*
*
Public Rights-of-Way
§ 102–76.100
this part?
What definition applies to
Public right-of-way means public land
acquired for or dedicated to
transportation purposes, or other land
where there is a legally established right
for use by the public for transportation
purposes.
khammond on DSKJM1Z7X2PROD with RULES
§ 102–76.105 What standard must public
rights-of-way subject to the Architectural
Barriers Act and covered under § 102–
76.65(a) meet?
(a) GSA adopts the appendix to 36
CFR part 1190 without additions or
modification as the accessibility
standard for pedestrian facilities in the
public right-of-way. Pedestrian facilities
in the public right-of-way subject to the
Architectural Barriers Act (other than
facilities in paragraphs (b) and (c) of this
section) must meet the accessibility
standard for pedestrian facilities in the
public right-of-way so that pedestrian
facilities located in the public right-ofway are readily accessible to and usable
by pedestrians with disabilities.
VerDate Sep<11>2014
18:48 Jul 02, 2024
Jkt 262001
Compliance with this accessibility
standard is mandatory; provided,
however, that this standard does not
address existing pedestrian facilities in
the public right-of-way under the
Architectural Barriers Act unless the
pedestrian facilities are altered at the
discretion of a covered entity.
(b) Residential public rights-of-way
subject to the Architectural Barriers Act
must meet the standards prescribed by
the Department of Housing and Urban
Development.
(c) Department of Defense and United
States Postal Service public rights-ofway subject to the Architectural Barriers
Act must meet the standards prescribed
by those agencies.
§ 102–76.110 Where pedestrian facilities
subject to the standard in § 102–76.105(a)
are altered, must an alteration to a
pedestrian facility be connected by a
compliant pedestrian access route to an
existing pedestrian circulation path?
Yes, pedestrian facilities in public
rights-of-way subject to the standard in
§ 102–76.105(a) that are altered must
always be connected by a compliant
pedestrian access route to an existing
pedestrian circulation path.
(3) The standard has been waived or
modified by the Administrator of
General Services, and a copy of the
waiver or modification is included with
the statement.
(b) If a determination is made that a
pedestrian facility in a public right-ofway is not subject to the standard in
§ 102–76.105(a) because the
Architectural Barriers Act does not
apply to the facility, the head of the
Federal agency must ensure that
documentation is maintained to justify
the determination.
§ 102–76.125 What portions of this subpart
are severable?
All provisions included in this
subpart are separate and severable from
one another. If any provision is stayed
or determined to be invalid, it is GSA’s
intention that the remaining provisions
will continue in effect.
[FR Doc. 2024–14424 Filed 7–2–24; 8:45 am]
BILLING CODE 6820–14–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
§ 102–76.115 Who has the authority to
waive or modify the standards in § 102–
76.105(a)?
[MB Docket Nos. 19–310, 17–105; FCC 24–
66; FR ID 228050]
The Administrator of General Services
has the authority to waive or modify the
accessibility standards for buildings and
facilities covered by the Architectural
Barriers Act (ABA) in § 102–76.105(a)
on a case-by-case basis if an agency
head or a GSA department head submits
a request for waiver or modification and
the Administrator determines that the
waiver or modification is clearly
necessary. The Administrator of General
Services must consult with the Access
Board to ensure that the waiver or
modification is based on findings of fact
and not inconsistent with the ABA.
Reinstatement of Radio NonDuplication Rule for Commercial FM
Stations
§ 102–76.120 What recordkeeping
responsibilities do Federal agencies have?
(a) The head of each Federal agency
must ensure that documentation is
maintained on each contract, grant or
loan for the design, construction, or
alteration of a pedestrian facility in a
public right-of-way subject to the
standard in § 102–76.105(a) containing
one of the following statements:
(1) The standard has been or will be
incorporated in the design, the
construction, or the alteration.
(2) The grant or loan has been or will
be made subject to a requirement that
the standard will be incorporated in the
design, the construction, or the
alteration.
PO 00000
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Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) adopted an Order on
Reconsideration that responds to a
petition requesting reinstatement of the
prohibition on the duplication of
commercial FM programming beyond a
25% threshold.
DATES: Effective August 2, 2024.
FOR FURTHER INFORMATION CONTACT: John
Bat, Media Bureau, Industry Analysis
Division, John.Bat@fcc.gov, (202) 418–
7921.
SUMMARY:
This is a
summary of the Commission’s Order on
Reconsideration (Order), in MB Docket
Nos. 19–310, 17–105, FCC 24–66,
adopted on June 5, 2024, and released
on June 10, 2024. The full text of this
document is available electronically via
the search function on the FCC’s
Electronic Document Management
System (EDOCS) web page at https://
docs.fcc.gov/public/attachments/FCC24-66A1.pdf. To request materials in
accessible formats for people with
SUPPLEMENTARY INFORMATION:
E:\FR\FM\03JYR1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 128 (Wednesday, July 3, 2024)]
[Rules and Regulations]
[Pages 55072-55078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14424]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-76
[FMR Case 2023-102-03; Docket No. GSA-FMR-2023-0012; Sequence No. 1]
RIN 3090-AK76
Federal Management Regulation; Accessibility Standard for
Pedestrian Facilities in the Public Right-of-Way
AGENCY: Office of Government-wide Policy (OGP), U.S. General Services
Administration (GSA).
ACTION: Final rule with 60-day comment period.
-----------------------------------------------------------------------
SUMMARY: GSA is issuing a final rule amending the Federal Management
Regulation (FMR) regarding real property design and construction to
adopt the new accessibility guidelines issued by the Architectural and
Transportation Barriers Compliance Board (Access Board).
DATES:
Effective date: September 3, 2024.
Comment date: Interested parties should submit written comments to
the Regulatory Secretariat Division at the address shown below on or
before September 3, 2024, to be considered in the formation of future
rulemaking.
ADDRESSES: Submit comments in response to FMR case 2023-102-03 to:
Regulations.gov at https://www.regulations.gov. Submit comments via the
Federal eRulemaking portal by searching for ``FMR Case 2023-102-03.''
Select the link ``Comment Now'' that corresponds with FMR Case 2023-
102-03. Follow the instructions provided at the ``Comment Now'' screen.
Please include your name, company name (if any), and ``FMR Case 2023-
102-03'' on your attached document. If your comment cannot be submitted
using https://www.regulations.gov, call or email the points of contact
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
Instructions: Please submit comments only and cite FMR Case 2023-
102-03 in all correspondence related to this case. Comments received
generally will be posted without change to https://www.regulations.gov,
including any personal or business confidential information, or both,
provided. To confirm receipt of your comment(s), please check https://www.regulations.gov approximately two to three days after submission to
verify posting.
FOR FURTHER INFORMATION CONTACT: Mr. Chris Coneeney, Director, Real
Property Policy Division, Office of Government-
[[Page 55073]]
wide Policy, at 202-208-2956 or [email protected], for
clarification of content. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755 or [email protected]. Please cite FMR Case 2023-102-03.
SUPPLEMENTARY INFORMATION:
I. Background
GSA is revising its Architectural Barriers Act Accessibility
Standard to adopt the accessibility guidelines for pedestrian
facilities in the public right-of-way dedicated to transportation, as
defined in 41 CFR 102-76.100 (hereafter, pedestrian facilities in the
public right-of-way), issued by the Access Board in its final rule
``Accessibility Guidelines for Pedestrian Facilities in the Public
Right-of-Way'' that became effective on October 7, 2023 (36 CFR part
1190).\1\ That final rule provides minimum guidelines for all newly
constructed pedestrian facilities and altered portions of existing
pedestrian facilities for pedestrian circulation and use in the public
right-of-way. These guidelines, once adopted, will serve as the
technical basis of enforceable standards issued by GSA under the
Architectural Barriers Act of 1968, as amended (ABA), and would ensure
that facilities used by pedestrians that are subject to the ABA, such
as sidewalks and crosswalks constructed or altered in the public right-
of-way by Federal, state, and local governments using Federal funds,
are readily accessible to and usable by pedestrians with disabilities.
---------------------------------------------------------------------------
\1\ 88 FR 53604, August 8, 2023 (https://www.federalregister.gov/documents/2023/08/08/2023-16149/accessibility-guidelines-for-pedestrian-facilities-in-the-public-right-of-way).
---------------------------------------------------------------------------
The purpose of the guidelines issued by the Access Board is to
ensure that pedestrian facilities located in the public right-of-way to
which the ABA applies (as defined in Sec. 102-76.60) are readily
accessible to and usable by persons with disabilities. As noted by the
Access Board, these guidelines were developed with public input from
disability advocacy organizations, technical experts, individual
members of the public with disabilities, and Federal agencies.
The Federal Government, which seeks to be a leader in
accessibility, has been without clear, specific, enforceable technical
accessibility standards for pedestrian facilities in the public right-
of-way that are subject to the ABA. The adoption of the Access Board's
guidelines as part of GSA's Architectural Barriers Act Accessibility
Standard will create and support a consistent Federal standard to
ensure accessibility in the public right-of-way.
The statutory underpinning for this rule is 42 U.S.C. 4152, which
directs the Administrator of General Services to prescribe standards
for the design, construction, and alteration of buildings (other than
certain residential structures, and facilities of the Department of
Defense and the United States Postal Service) to ensure, to the maximum
extent feasible, that persons with disabilities have ready access to,
and use of, such buildings.
The GSA standard would ensure that pedestrian facilities covered by
the ABA in the public right-of-way would adhere to the Access Board's
accessibility guidelines for pedestrian facilities in the public right-
of-way. All other facilities that are referenced in 41 CFR 102-76.65
would be covered by the ABA standard previously issued by GSA.
Key accessibility features of pedestrian facilities in the public
right-of-way covered by the GSA standard would include:
Pedestrian Routes
Alternate Pedestrian Routes
Pedestrian Signals
Crosswalks
On-Street Parking
Transit Stops
Passenger Loading Zones
The GSA standard is applicable to new construction and alterations
of pedestrian facilities subject to the ABA as stated in 41 CFR 102-
76.60 that are on public land acquired for or dedicated to
transportation purposes, or on other land where there is a legally
established right for use by the public for transportation purposes.\2\
---------------------------------------------------------------------------
\2\ See 36 CFR part 1190, appendix, section R104.3 (definition
of ``public right-of-way'').
---------------------------------------------------------------------------
Adopting this standard is another way for GSA to formalize its
commitment to ensure accessibility for persons with disabilities by
creating more accessible features in the public right-of-way.
Also, adopting this standard as part of its Architectural Barriers
Act Accessibility Standard furthers GSA's commitment to Diversity,
Equity, Inclusion, and Accessibility, as included in GSA's Strategic
Plan \3\ and implementation of Executive Orders 13985,\4\ 14035,\5\ and
14091.\6\ GSA's plan advances accessibility in many ways, but, in
particular, through outreach to persons with disabilities. By adopting
the guidelines for pedestrian facilities in the public right-of-way as
part of its Architectural Barriers Act Accessibility Standard, GSA is
directly addressing its policy of outreach to persons with disabilities
by requiring enhanced accessible features to help ensure a more
welcoming and accessible path to Federal facilities covered under Sec.
102-76.65(a).
---------------------------------------------------------------------------
\3\ https://www.gsa.gov/system/files/GSA_Strategic_Plan_FY_2022_-_2026_FINAL_508.pdf.
\4\ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/.
\5\ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/06/25/executive-order-on-diversity-equity-inclusion-and-accessibility-in-the-federal-workforce/.
\6\ https://www.whitehouse.gov/briefing-room/presidential-actions/2023/02/16/executive-order-on-further-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/.
---------------------------------------------------------------------------
II. Discussion of the Final Rule
A. Summary of Significant Changes
GSA is adding Sec. Sec. 102-76.100 through 102-76.125 to subpart C
of part 102-76 of the FMR to incorporate the Access Board's
``Accessibility Guidelines for Pedestrian Facilities in the Public
Right-of-Way'' final rule, which became effective on October 7, 2023
(36 CFR part 1190), as part of its Architectural Barriers Act
Accessibility Standard. If GSA did not adopt the Access Board's
guidelines into its ABA standard, the status quo would be that GSA and
every other entity that is subject to the ABA would continue to work
with the various state and local guidelines and standards. By adopting
these guidelines, GSA is endorsing a consistent standard applied to
pedestrian facilities in the public right-of-way. This will reduce
confusion and enhance accessibility for facilities subject to the ABA.
B. Regulatory Impact Analysis
During the first and subsequent years after publication of the
rule, new construction employees and alteration and renovation
employees (which include a combination of project managers and subject
matter experts (SME)) must comply with the standards for pedestrian
facilities in the public right-of-way. These employees will conduct an
accessibility standards comparison review on applicable projects
between state and local accessibility standards and Federal
accessibility standards. GSA estimates this cost by multiplying the
time required to review the regulation and guidance implementing the
rule by the estimated hourly compensation. For the following
calculations, GSA calculates the estimated hourly compensation \7\
using the U.S. Office of Personnel Management's 2023 General Schedule
[[Page 55074]]
(GS) Rest of United States Locality Pay Table,\8\ a full fringe benefit
cost factor of 36.25 percent \9\ and an overhead cost factor of 12
percent as provided by Office of Management and Budget (OMB) Circular
A-76.\10\ GSA assumes the new construction employees and the alteration
and renovation employees will, on average, stay consistent in the
subsequent years.\11\ After publication of the rule, GSA anticipates
additional construction costs will be incurred related to the
accessibility improvements from this standard for applicable projects.
GSA estimates this additional construction cost by multiplying the
average construction costs by the accessibility improvements cost as a
percentage of total construction cost. Below is a list of costs that
GSA anticipates the Government will incur. GSA does not anticipate any
costs to the public.
---------------------------------------------------------------------------
\7\ Computing Hourly Rates of Pay Using the 2,087-Hour Divisor
(https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/computing-hourly-rates-of-pay-using-the-2087-hour-divisor/).
\8\ General Schedule (https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2023/general-schedule).
\9\ OMB Memo M-08-13, dated March 11, 2008 (https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/memoranda/2008/m08-13.pdf).
\10\ OMB Circular A-76 (https://georgewbush-whitehouse.archives.gov/omb/circulars/a076/a76_incl_tech_correction.html).
\11\ GSA makes these assumptions based on historical
familiarization hours and SME judgment.
---------------------------------------------------------------------------
1. Governmentwide Training
The Government must educate its new construction employees and
alteration and renovation employees on projects where the standard may
apply through a governmentwide outreach to increase their familiarity
with the standard. Below is a list of training and communication
activities related to regulatory familiarization and compliance that
GSA anticipates will occur. GSA assumes costs related to the
development and updating of training materials are de minimis because
the training materials to be used are already developed and updated and
not as a result of this rule.\12\
---------------------------------------------------------------------------
\12\ The ABA guidelines are nearly identical to the ADA
guidelines, which are already developed and updated and based on
historical familiarization SME judgment. GSA assumes the ADA
training materials will be used for ABA guidelines familiarization.
---------------------------------------------------------------------------
GSA assumes it will take 1 GSA accessibility SME on average, with a
GS-14 step 5 (as presumed based on prior experiences by the SME in the
National Accessibility Office of GSA) with an average hourly rate of
$93.70/hour, 2 hours in year 1 to review the Accessibility Guidelines
for Pedestrian Facilities in the Public Right-of-Way training content
for new construction employees and alteration and renovation employees
on projects where the standard applies. Therefore, GSA estimates the
total annual estimated cost for this part of the rule for year 1 to be
$187 (= 1 x $93.70 GS-14 step 5 rate x 2 hours).
GSA assumes it will take 1 GSA accessibility SME on average, with a
GS-14 step 5 (as presumed based on prior experiences by the SME in the
National Accessibility Office of GSA) with an average hourly rate of
$93.70/hour, 0.5 hour in years 2 through 10 to review the updated
Accessibility Guidelines for Pedestrian Facilities in the Public Right-
of-Way training content for new construction employees and alteration
and renovation employees on projects where the standard applies.
Therefore, GSA estimates the total annual estimated cost for this part
of the rule for years 2 through 10 to be $47 (= 1 x $93.70 GS-14 step 5
rate x 0.5 hour).
GSA assumes it will take 1 GSA attorney on average, with a Senior
Executive Level (SES) Level 3 (as presumed based on prior experiences
by the SME in the National Accessibility Office of GSA) with an average
hourly rate of $138.52/hour, 4 hours in year 1 to review the
Accessibility Guidelines for Pedestrian Facilities in the Public Right-
of-Way training content for new construction employees and alteration
and renovation employees on projects where the standard applies.
Therefore, GSA estimates the total annual estimated cost for this part
of the rule for year 1 to be $554 (= 1 x $138.52 SES Level 3 rate x 4
hours).
GSA assumes it will take 1 GSA attorney on average, with an SES
Level 3 with an average hourly rate of $138.52/hour, 1 hour in years 2
through 10 to review the updated Accessibility Guidelines for
Pedestrian Facilities in the Public Right-of-Way training content for
new construction employees and alteration and renovation employees on
projects where the standard applies. Therefore, GSA estimates the total
annual estimated cost for this part of the rule for years 2 through 10
to be $139 (= 1 x $138.52 SES Level 3 rate x 1 hour).
GSA assumes it will take 2 Access Board employees on average, with
a GS-13 step 5 with an average hourly rate of $79.29/hour, 10 hours
each in years 1 through 10 to deliver the Accessibility Guidelines for
Pedestrian Facilities in the Public Right-of-Way training content to
GSA new construction employees and alteration and renovation employees
on projects where the standard applies. Therefore, GSA estimates the
total annual estimated cost for this part of the rule for years 1
through 10 to be $1,586 (= 2 x $79.29 GS-13 step 5 rate x 10 hours).
GSA assumes it will take 200 Federal project managers and SMEs on
average, with a GS-13 step 5 with an average hourly rate of $79.29/
hour, 5 hours each in years 1 through 10 to receive the Accessibility
Guidelines for Pedestrian Facilities in the Public Right-of-Way
training content \13\ on projects where the standard applies.
Therefore, GSA estimates the total annual estimated cost for this part
of the rule for years 1 through 10 to be $79,290 (= 200 x $79.29 GS-13
step 5 rate x 5 hours).
---------------------------------------------------------------------------
\13\ GSA makes these assumptions based on the Access Board's
historical familiarization hours and SME judgment.
---------------------------------------------------------------------------
A breakdown of undiscounted total annual estimated Government
training costs by year is provided in the table below.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year 1 2 3 4 5 6 7 8 9 10
--------------------------------------------------------------------------------------------------------------------------------------------------------
Government wide Training........ $81,617 $81,061 $81,061 $81,061 $81,061 $81,061 $81,061 $81,061 $81,061 $81,061
--------------------------------------------------------------------------------------------------------------------------------------------------------
2. New Construction
New construction employees on projects where the Federal Government
scope of work extends into the public right-of-way will need to conduct
activities in compliance with the new standard. GSA anticipates
additional construction costs will be incurred related to the
accessibility requirements from this standard for applicable projects.
Below is a list of compliance activities that GSA anticipates will
occur.
GSA assumes it will take 200 Federal project managers and SMEs on
average, with a GS-13 step 5 with an average hourly rate of $79.29/
hour, 1.5 hours
[[Page 55075]]
each in years 1 through 10 to conduct an accessibility standards
comparison review between state and local accessibility requirements
and Federal accessibility requirements for federally owned and leased-
to-own new construction projects where the standard applies. Therefore,
GSA estimates the total annual estimated cost for this part of the rule
for years 1 through 10 to be $23,787 (= 200 x $79.29 GS-13 step 5 rate
x 1.5 hours).
GSA assumes the additional construction cost that will be incurred
related to the accessibility improvements from this standard for
applicable projects by multiplying the average construction costs by
the accessibility improvements cost as a percentage of total
construction cost. Average construction costs are based on internal GSA
historical data sources.
GSA assumes, based on recently completed projects of a similar
nature within the last 10 years, 1 large-scale GSA facility project
covered by ABA will be newly constructed every 5 years with an average
construction cost of $300,000,000. GSA estimates, based on recently
completed projects of a similar nature within the last 10 years, on
average, the additional construction costs related to the accessibility
improvements from this rule to be 0.35 percent of the total
construction cost. Therefore, GSA estimates the total annual estimated
cost for this part of the rule for years 1 and 6 to be $1,050,000 (=
$300,000,000 x 0.35 percent).
GSA assumes, based on recently completed projects of a similar
nature within the last 10 years, 2 smaller-scale GSA facility projects
covered by ABA will be newly constructed every year with an average
construction cost of $45,000,000. GSA estimates, based on recently
completed projects of a similar nature within the last 10 years, on
average, the additional construction costs related to the accessibility
improvements from this standard to be 0.75 percent of the total
construction cost. Therefore, GSA estimates the total annual estimated
cost for this part of the rule for years 1 through 10 to be $675,000 (=
2 x $45,000,000 x 0.75 percent).
Due to the lack of readily available data that identifies the new
construction profile of other Federal agencies impacted by this rule,
GSA extrapolated the burden to other Federal agencies impacted by this
rule. Based on GSA's Federal Real Property Profile Management System
(FRPP MS) data \14\ GSA comprises 36 percent of civilian building
square footage. Therefore, GSA assumes GSA comprises 36 percent of
Federal agency new construction and other Federal agencies comprise the
remaining 64 percent of Federal agency new construction. GSA calculates
an estimated new construction ratio of other Federal agencies to GSA to
be 2 (= 64 percent/36 percent).\15\ GSA assumes other Federal agencies
impacted by this standard to have similar average construction costs.
---------------------------------------------------------------------------
\14\ GSA used the Fiscal Year 2023 FRPP Summary Data Set at
https://www.gsa.gov/policy-regulations/policy/real-property-policy-division-overview/data-collection-and-reports/frpp-summary-report-library.
\15\ This ratio is rounded to the nearest whole number.
---------------------------------------------------------------------------
GSA extrapolates, on average, that if GSA has 2 large-scale Federal
facility projects covered by ABA newly constructed over a 10-year
period, then by applying the ratio of 2, other Federal agencies will
have an estimated 4 large-scale Federal facility projects covered by
ABA newly constructed over a 10-year period. GSA assumes other Federal
agencies impacted by this standard to have a similar average
construction cost of $300,000,000 per project and a similar additional
construction cost related to the accessibility improvements from this
standard of 0.35 percent of the total construction cost. Therefore, GSA
estimates the total annual estimated cost for this part of the rule for
years 1, 4, 7, and 10 to be $1,050,000 (= $300,000,000 x 0.35
percent).\16\
---------------------------------------------------------------------------
\16\ GSA assumes the estimated total number of projects to be
spread evenly over the 10-year period.
---------------------------------------------------------------------------
GSA extrapolates, on average, that if GSA has 2 smaller-scale
Federal facility projects covered by ABA newly constructed every year,
then by applying the ratio of 2, other Federal agencies will have an
estimated 4 smaller-scale Federal facility projects covered by ABA
newly constructed every year. GSA assumes other Federal agencies
impacted by this standard to have a similar average construction cost
of $45,000,000 per project and a similar additional construction cost
related to the accessibility improvements from this standard of 0.75
percent of the total construction cost. Therefore, GSA estimates the
total annual estimated cost for this part of the rule for years 1
through 10 to be $1,350,000 (= 4 x $45,000,000 x 0.75 percent).
A breakdown of the undiscounted total annual estimated cost by year
is provided in the table below.\17\
---------------------------------------------------------------------------
\17\ Costs in this table are presented in undiscounted and
constant dollars.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year 1 2 3 4 5 6 7 8 9 10
--------------------------------------------------------------------------------------------------------------------------------------------------------
Accessibility Standards Comparison Review. $23,787 $23,787 $23,787 $23,787 $23,787 $23,787 $23,787 $23,787 $23,787 $23,787
GSA large-scale facilities................ 1,050,000 ......... ......... ......... ......... 1,050,000 ......... ......... ......... .........
GSA smaller-scale facilities.............. 675,000 675,000 675,000 675,000 675,000 675,000 675,000 675,000 675,000 675,000
Other Federal agency large-scale 1,050,000 ......... ......... 1,050,000 ......... ......... 1,050,000 ......... ......... 1,050,000
facilities...............................
Other Federal agency smaller-scale 1,350,000 1,350,000 1,350,000 1,350,000 1,350,000 1,350,000 1,350,000 1,350,000 1,350,000 1,350,000
facilities...............................
-------------------------------------------------------------------------------------------------------------
Total New Construction Costs.......... 4,148,787 2,048,787 2,048,787 3,098,787 2,048,787 3,098,787 3,098,787 2,048,787 2,048,787 3,098,787
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Alteration and Renovation
Alteration and renovation employees on projects where the
government's scope of work is affected by the standard will need to
conduct activities in compliance with the new standard. GSA anticipates
additional construction costs will be incurred related to the
accessibility requirements from this standard for applicable projects.
Below is a list of compliance activities that GSA anticipates will
occur.
GSA assumes it will take 200 Federal project managers and SMEs on
average, with a GS-13 step 5 with an average hourly rate of $79.29/
hour, 1.5 hours each in years 1 through 10 to conduct an accessibility
standards comparison review between state and local accessibility
requirements and Federal accessibility requirements for federally owned
alteration and renovation projects where the standard applies.
Therefore, GSA estimates the total annual estimated cost for this part
of the rule for years 1 through 10 to be $23,787 (= 200 x $79.29 GS-13
step 5 rate x 1.5 hours).
GSA assumes the additional construction cost that will be incurred
related to the accessibility improvements from this standard for
[[Page 55076]]
applicable projects by multiplying the average construction costs by
the accessibility improvements cost as a percentage of total
construction cost. Average construction costs are based on internal GSA
historical data sources.
GSA assumes, on average, 1 GSA alteration and renovation facility
project covered by ABA will be constructed every 5 years with an
average construction cost of $5,000,000. GSA estimates, based on
recently completed projects of a similar nature within the last 10
years, on average, the additional construction costs related to the
accessibility improvements from this rule to be 5 percent of the total
construction cost. Therefore, GSA estimates the total annual estimated
cost for this part of the rule for years 1 and 6 to be $250,000 (=
$5,000,000 x 5 percent).\18\
---------------------------------------------------------------------------
\18\ This information is based on internal GSA historical data
sources.
---------------------------------------------------------------------------
Due to the lack of readily available data that identifies the
alteration and renovation profile of other Federal agencies impacted by
this rule, GSA extrapolated the burden to other Federal agencies
impacted by this rule. To estimate the aggregate burden to other
Federal agencies impacted by this rule, GSA assumes other Federal
agencies impacted by this rule to have a similar alteration and
renovation profile to GSA's. Based on GSA's FRPP MS data \19\ GSA
comprises 36 percent of civilian building square footage. Therefore,
GSA assumes GSA comprises 36 percent of Federal agency alteration and
renovation construction and other Federal agencies comprise the
remaining 64 percent of Federal agency alteration and renovation
construction. GSA calculates an estimated alteration and renovation
construction ratio of other Federal agencies to GSA to be 2 (= 64
percent/36 percent).\20\ GSA assumes other Federal agencies impacted by
this standard to have similar average construction costs.
---------------------------------------------------------------------------
\19\ GSA used the Fiscal Year 2023 FRPP Summary Data Set at
https://www.gsa.gov/policy-regulations/policy/real-property-policy-division-overview/data-collection-and-reports/frpp-summary-report-library.
\20\ This ratio is rounded to the nearest whole number.
---------------------------------------------------------------------------
GSA extrapolates, on average, that if GSA has 2 alteration and
renovation Federal facility projects covered by ABA over a 10-year
period, then by applying the ratio of 2, other Federal agencies will
have an estimated 4 alteration and renovation Federal facility projects
covered by ABA over a 10-year period. GSA assumes other Federal
agencies impacted by this standard to have a similar average
construction cost of $5,000,000 per project and a similar additional
construction cost related to the accessibility improvements from this
standard of 5 percent of the total construction cost. Therefore, GSA
estimates the total annual estimated cost for this part of the rule for
years 1, 4, 7, and 10 to be $250,000 (= $5,000,000 x 5 percent).\21\
---------------------------------------------------------------------------
\21\ GSA assumes the estimated total number of projects to be
spread evenly over the 10-year period.
---------------------------------------------------------------------------
A breakdown of the undiscounted total annual estimated cost by year
is provided in the table below.\22\
---------------------------------------------------------------------------
\22\ Costs in this table are presented in undiscounted and
constant dollars.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year 1 2 3 4 5 6 7 8 9 10
--------------------------------------------------------------------------------------------------------------------------------------------------------
Accessibility Standards Comparison Review. $23,787 $23,787 $23,787 $23,787 $23,787 $23,787 $23,787 $23,787 $23,787 $23,787
GSA Alteration and Renovation............. 250,000 ......... ......... ......... ......... 250,000 ......... ......... ......... .........
Other Federal agencies Alteration and 250,000 ......... ......... 250,000 ......... ......... 250,000 ......... ......... 250,000
Renovation...............................
-------------------------------------------------------------------------------------------------------------
Total Alteration and Renovation Costs. 523,787 23,787 23,787 273,787 23,787 273,787 273,787 23,787 23,787 273,787
--------------------------------------------------------------------------------------------------------------------------------------------------------
4. Total Government Costs
A breakdown of undiscounted total estimated Government costs by
year is provided in the table below.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year 1 2 3 4 5 6 7 8 9 10
--------------------------------------------------------------------------------------------------------------------------------------------------------
Government wide Training.................. $81,617 $81,061 $81,061 $81,061 $81,061 $81,061 $81,061 $81,061 $81,061 $81,061
New Construction.......................... 4,148,787 2,048,787 2,048,787 3,098,787 2,048,787 3,098,787 3,098,787 2,048,787 2,048,787 3,098,787
Alteration and Renovation................. 523,787 23,787 23,787 273,787 23,787 273,787 273,787 23,787 23,787 273,787
-------------------------------------------------------------------------------------------------------------
Total Government Costs................ 4,754,191 2,153,635 2,153,635 3,453,635 2,153,635 3,453,635 3,453,635 2,153,635 2,153,635 3,453,635
--------------------------------------------------------------------------------------------------------------------------------------------------------
5. Total Overall Costs
The discounted estimated total overall cost over a 10-year period
is $25,163,860 at a 3 percent discount rate and $20,885,096 at a 7
percent discount rate, as there is no direct cost to the public under
this rule. The following is a summary of the estimated costs calculated
for a 10-year time horizon at a 3 and 7 percent discount rate:
------------------------------------------------------------------------
Summary Total costs
------------------------------------------------------------------------
Present Value (3 percent)................................. $25,163,860
Annualized Costs (3 percent).............................. 2,949,972
Present Value (7 percent)................................. 20,885,096
Annualized Costs (7 percent).............................. 2,973,568
------------------------------------------------------------------------
Additional benefits that arise from GSA adopting the guidelines
issued by the Access Board relate to safety and accessibility for
pedestrians. Shortening travel distances from on-street parking to
building entrances will enhance the accessibility of buildings for
people with mobility-related disabilities while also being more
efficient for everyone who uses street parking. It will also support
the mobility of people with disabilities by increasing the sidewalk
sizes and by regulating the ground slope at passenger loading zones to
prevent them from being too steep. Wider sidewalks will increase the
ease of maneuverability when passing people on the sidewalk and,
thereby, reduce accidental collisions, as well as better accommodate
mobility aids, such as, but not limited to, walkers, rollators, and
both manual and electric wheelchairs. Further, requirements for better
audio and tactile warning systems, including, but not limited to, audio
signal warnings, truncated domes, and
[[Page 55077]]
detectable warning pavers, will increase safety for some pedestrians
with disabilities by alerting them to an imminent street crossing or to
when they have the right-of-way to cross the street. These improvements
also reduce anxiety for pedestrians when transitioning from a sidewalk
to a street crosswalk.
In the Access Board final rule, section 7A, the Final Regulatory
Impact Analysis, concluded that the rule, which covers state, local,
and Federal public rights-of-way, would result in approximately $15.5
billion in annualized benefits compared to $196.7 million in annualized
costs, using a 7% discounting rate.
6. Analysis of the Alternatives
The preferred process is the process laid out in the analysis
above. However, GSA has analyzed two alternatives to the preferred
process.
Alternative 1: GSA could decide to take no regulatory action. No
action from the Government would prevent GSA from adopting the
guidelines issued by the Access Board. The Government would not incur
the additional costs associated with this final rule; however, the
benefits of having a consistent Federal ABA standard for the
accessibility of pedestrian facilities in the public right-of-way
outweigh the costs. As a result, GSA rejected this alternative.
Alternative 2: GSA could adopt as an alternative more stringent
accessibility standards. However, adopting more stringent accessibility
standards would result in a higher cost than what is currently
estimated. Multiple standards may also cause confusion as to the
application of the Access Board's accessibility guidelines. As a
result, GSA rejected this alternative.
III. Executive Orders 12866, 13563, and 14904
E.O. 12866, ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993), directs agencies to assess all costs and benefits of
available regulatory alternatives and, if regulation is necessary, to
select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety effects,
distributive impacts, and equity). E.O. 13563, ``Improving Regulation
and Regulatory Review'' (76 FR 3821, January 21, 2011), emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. E.O. 14094,
``Modernizing Regulatory Review'' (88 FR 21879, April 11, 2023), amends
section 3(f) of E.O. 12866 and supplements and reaffirms the
principles, structures and definitions governing contemporary
regulatory review established in E.O. 12866 and E.O. 13563. The OMB
Office of Information and Regulatory Affairs (OIRA) has determined that
this rule is a significant regulatory action and, therefore, it was
reviewed under subsection 6(b) of E.O. 12866.
IV. Congressional Review Act
OIRA has determined that this rule is not a ``major rule'' under 5
U.S.C. 804(2). Subtitle E of title II of the Small Business Regulatory
Enforcement Fairness Act of 1996 (codified at 5 U.S.C. 801-808), also
known as the Congressional Review Act or CRA, generally provides that
before a rule may take effect, unless excepted, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. This rule is excepted from CRA reporting requirements
prescribed under 5 U.S.C. 801, as it relates to agency management or
personnel under 5 U.S.C. 804(3)(B).
V. Regulatory Flexibility Act
This final rule will not have a significant economic impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because it applies to
agency management or personnel. This final rule is also exempt from the
Administrative Procedure Act pursuant to 5 U.S.C. 553(a)(2) because it
applies to agency management or personnel. Therefore, a Final
Regulatory Flexibility Analysis was not performed.
VI. Administrative Procedure Act
This rulemaking is exempt from the advance notice-and-comment and
delayed-effective-date requirements of the Administrative Procedure Act
pursuant to 5 U.S.C. 553(a)(2) because this rulemaking relates to
agency management or personnel or to public property, loans, grants,
benefits, or contracts. This rulemaking applies to public property and
how it relates to the public right-of-way so that the public property
is accessible for persons with disabilities.
VII. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FMR do not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors or members of the public, that require the approval of OMB
under 44 U.S.C. 3501 et seq.
VIII. Severability
GSA is proposing to add a new provision on severability at 41 CFR
102-76.125, which states that all provisions included in subpart C of
part 102-76 are separate and severable from one another.
If any particular term or provision in subpart C of part 102-76, or
the application thereof to any agency or circumstance, is determined by
a court of competent jurisdiction to be invalid or unenforceable, the
remaining terms or provisions, or the application of such term or
provision to agencies or circumstances other than those to which it is
invalid or unenforceable, will not be affected thereby, and each term
and provision of this rule will be valid and be enforced to the fullest
extent permitted by law. For example, if any provision relating to the
Architectural Barriers Act Accessibility Standard for pedestrian
facilities in the public right-of-way is determined to be invalid, the
other provisions of the Architectural Barriers Act Accessibility
Standard, including the standards for pedestrian facilities, would
remain in full force and effect.
Further, any cross-references that appear throughout subpart C of
part 102-76 are duplicative and are intended only to make the
regulations more user-friendly. Invalidation of a particular provision
that is cross-referenced elsewhere will not materially alter the
provision that contains the cross-reference.
In summary, removal of any particular provision from subpart C of
part 102-76 would not render the entire regulatory scheme unworkable.
Thus, GSA considers each of the provisions in subpart C of part 102-76
to be separate and severable from one another. In the event of a stay
or invalidation of any particular provision, it is GSA's intention that
the remaining provisions will continue in effect.
List of Subjects in 41 CFR Part 102-76
Energy conservation, Federal buildings and facilities, Government
property management, Individuals with disabilities, Rates and fares,
Security measures.
Robin Carnahan,
Administrator of General Services.
For the reasons set forth in the preamble, GSA amends 41 CFR part
102-76 as set forth below:
[[Page 55078]]
PART 102-76--DESIGN AND CONSTRUCTION
0
1. The authority citation for part 102-76 is revised to read as
follows:
Authority: 40 U.S.C. 121(c) (in furtherance of the
Administrator's authorities under 40 U.S.C. 3301-3315 and elsewhere
as included under 40 U.S.C. 581 and 583); 42 U.S.C. 4152.
0
2. Add an undesignated center heading and Sec. Sec. 102-76.100 through
102-76.125 to subpart C to read as follows:
Subpart C--Architectural Barriers Act
Sec.
* * * * *
Public Rights-of-Way
102-76.100 What definition applies to this part?
102-76.105 What standard must public rights-of-way subject to the
Architectural Barriers Act and covered under Sec. 102-76.65(a)
meet?
102-76.110 Where pedestrian facilities subject to the standard in
Sec. 102-76.105(a) are altered, must an alteration to a pedestrian
facility be connected by a compliant pedestrian access route to an
existing pedestrian circulation path?
102-76.115 Who has the authority to waive or modify the standards in
Sec. 102-76.105(a)?
102-76.120 What recordkeeping responsibilities do Federal agencies
have?
102-76.125 What portions of this subpart are severable?
* * * * *
Public Rights-of-Way
Sec. 102-76.100 What definition applies to this part?
Public right-of-way means public land acquired for or dedicated to
transportation purposes, or other land where there is a legally
established right for use by the public for transportation purposes.
Sec. 102-76.105 What standard must public rights-of-way subject to
the Architectural Barriers Act and covered under Sec. 102-76.65(a)
meet?
(a) GSA adopts the appendix to 36 CFR part 1190 without additions
or modification as the accessibility standard for pedestrian facilities
in the public right-of-way. Pedestrian facilities in the public right-
of-way subject to the Architectural Barriers Act (other than facilities
in paragraphs (b) and (c) of this section) must meet the accessibility
standard for pedestrian facilities in the public right-of-way so that
pedestrian facilities located in the public right-of-way are readily
accessible to and usable by pedestrians with disabilities. Compliance
with this accessibility standard is mandatory; provided, however, that
this standard does not address existing pedestrian facilities in the
public right-of-way under the Architectural Barriers Act unless the
pedestrian facilities are altered at the discretion of a covered
entity.
(b) Residential public rights-of-way subject to the Architectural
Barriers Act must meet the standards prescribed by the Department of
Housing and Urban Development.
(c) Department of Defense and United States Postal Service public
rights-of-way subject to the Architectural Barriers Act must meet the
standards prescribed by those agencies.
Sec. 102-76.110 Where pedestrian facilities subject to the standard
in Sec. 102-76.105(a) are altered, must an alteration to a pedestrian
facility be connected by a compliant pedestrian access route to an
existing pedestrian circulation path?
Yes, pedestrian facilities in public rights-of-way subject to the
standard in Sec. 102-76.105(a) that are altered must always be
connected by a compliant pedestrian access route to an existing
pedestrian circulation path.
Sec. 102-76.115 Who has the authority to waive or modify the
standards in Sec. 102-76.105(a)?
The Administrator of General Services has the authority to waive or
modify the accessibility standards for buildings and facilities covered
by the Architectural Barriers Act (ABA) in Sec. 102-76.105(a) on a
case-by-case basis if an agency head or a GSA department head submits a
request for waiver or modification and the Administrator determines
that the waiver or modification is clearly necessary. The Administrator
of General Services must consult with the Access Board to ensure that
the waiver or modification is based on findings of fact and not
inconsistent with the ABA.
Sec. 102-76.120 What recordkeeping responsibilities do Federal
agencies have?
(a) The head of each Federal agency must ensure that documentation
is maintained on each contract, grant or loan for the design,
construction, or alteration of a pedestrian facility in a public right-
of-way subject to the standard in Sec. 102-76.105(a) containing one of
the following statements:
(1) The standard has been or will be incorporated in the design,
the construction, or the alteration.
(2) The grant or loan has been or will be made subject to a
requirement that the standard will be incorporated in the design, the
construction, or the alteration.
(3) The standard has been waived or modified by the Administrator
of General Services, and a copy of the waiver or modification is
included with the statement.
(b) If a determination is made that a pedestrian facility in a
public right-of-way is not subject to the standard in Sec. 102-
76.105(a) because the Architectural Barriers Act does not apply to the
facility, the head of the Federal agency must ensure that documentation
is maintained to justify the determination.
Sec. 102-76.125 What portions of this subpart are severable?
All provisions included in this subpart are separate and severable
from one another. If any provision is stayed or determined to be
invalid, it is GSA's intention that the remaining provisions will
continue in effect.
[FR Doc. 2024-14424 Filed 7-2-24; 8:45 am]
BILLING CODE 6820-14-P
