[Federal Register Volume 70, Number 32 (Thursday, February 17, 2005)]
[Notices]
[Pages 8066-8069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3068]


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DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AB92


Forest Service Trail Accessibility Guidelines and Integration of 
Direction on Accessibility Into Forest Service Manual 2350

AGENCY: Forest Service, USDA.

ACTION: Notice of proposed interim directive; request for comment.

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SUMMARY: The Forest Service is proposing to issue an interim directive 
to guide its employees regarding compliance with the Forest Service 
Trail Accessibility Guidelines (FSTAG). The interim directive would 
ensure that new or altered trails managed for pedestrian use on 
National Forest System lands are developed to maximize accessibility 
for all people, including people with disabilities, while recognizing 
and protecting the unique characteristics of the natural setting of 
each trail. The interim directive, to be issued to Forest Service 
Manual 2350, Trail, River, and Similar Recreation Opportunities, would 
direct that these trails comply with the FSTAG and applicable Federal 
laws, regulations, and guidelines. The interim directive also would 
incorporate the definition of a wheelchair and clarify that a mobility 
device meeting this definition may be used anywhere foot travel is 
permitted. In addition, the interim directive would clarify existing 
internal agency procedures and policies related to the accessibility of 
trails.
    The Architectural and Transportation Barriers Compliance Board 
(Access Board) is preparing to publish for public comment proposed 
accessibility guidelines for outdoor developed areas that would apply 
only to Federal agencies subject to the Architectural Barriers Act. The 
Forest Service will finalize the direction in this interim directive 
regarding compliance with the FSTAG when the Access Board finalizes its 
accessibility guidelines for outdoor developed areas. The final FSTAG 
would contain the Access Board's final accessibility guidelines for 
outdoor developed areas managed by Federal agencies, as supplemented by 
the Forest Service.
    Comments received in response to this notice will be considered in 
development of the final interim directive. In a related notice 
published elsewhere in this part of today's Federal Register, the 
Forest Service is requesting comment on a proposed interim directive to 
guide its employees regarding compliance with the Forest Service 
Outdoor Recreation Accessibility Guidelines (FSORAG).

DATES: Comments must be received in writing by April 18, 2005.

ADDRESSES: Send written comments by mail to USDA Forest Service, Attn: 
Director, Recreation and Heritage Resources Staff, Mail Stop 1125, 1400 
Independence Avenue, SW., Washington, DC 20250-0003; by electronic mail 
to [email protected]; or by facsimile to (202) 205-1145. Comments 
also may be submitted by following the instructions at that Federal e-
Rulemaking portal, http://www.regulations.gov. If comments are sent by 
electronic means or by facsimile, the public is requested not to send 
duplicate comments via regular mail.
    All comments, including names and addresses when provided, will be 
placed in the record and will be available for public inspection and 
copying. The public may inspect comments received on this proposed 
interim directive in the Office of the Director, Recreation and 
Heritage Resources Staff, USDA, Forest Service, 4th Floor-Central, 
Sidney R. Yates Federal Building, 201 14th Street, SW., Washington, DC, 
between 8:30 a.m. and 4 p.m. on business days. Those wishing to inspect 
comments are encouraged to call ahead at (202) 205-1706 to facilitate 
entry into the building.

FOR FURTHER INFORMATION CONTACT: Janet Zeller, Recreation and Heritage 
Resources Staff, USDA, Forest Service, (202) 205-9597.

SUPPLEMENTARY INFORMATION: 

Background

    Although the Forest Service is committed to ensuring the 
accessibility of agency facilities and programs in order to serve all 
employees and visitors, as well as to comply with the Architectural 
Barriers Act of 1968 (ABA) and Section 504 of the Rehabilitation Act of 
1973, agency accessibility requirements for outdoor recreation areas 
have not been integrated into the Forest Service Directives System.
    The ABA requires facilities that are designed, constructed, 
altered, or leased by, for, or on behalf of a Federal agency to be 
accessible. To emphasize the need for accessibility guidelines for 
outdoor recreation areas, in 1993 the Forest Service developed 
Universal Access to Outdoor Recreation, A Design Guide. This guidebook 
blended accessibility into the recreation opportunity spectrum, ranging 
from urban areas in full compliance with the Uniform Federal 
Accessibility Standard, the ABA accessibility standards in place at 
that

[[Page 8067]]

time, to primitive and Congressionally designated wilderness areas.
    The Access Board is the agency responsible for issuing 
accessibility guidelines for newly constructed and altered facilities 
subject to the ABA. The Forest Service served on the Access Board's 
Regulatory Negotiation Committee on Outdoor Developed Areas (Reg Neg 
Committee). In 1999, the Reg Neg Committee proposed accessibility 
guidelines for outdoor recreation facilities and trails. While awaiting 
the completion of the rulemaking process for these guidelines, the 
Forest Service began developing internal guidelines for both trails and 
outdoor recreation facilities that would apply only within National 
Forest System boundaries and that would comply with the public notice 
and comment process for Forest Service directives pursuant to 36 CFR 
part 216. This action was undertaken to meet the agency's need to 
provide a consistent and reliable method for determining application 
and design of accessible outdoor recreation facilities and trails and 
is based on the Reg Neg Committee's proposed guidelines. These internal 
guidelines incorporate the Forest Service's terminology and processes, 
and establish greater accessibility requirements for certain areas. The 
Forest Service's proposed guidelines are in two parts, the Forest 
Service Outdoor Recreation Accessibility Guidelines (FSORAG) and the 
Forest Service Trail Accessibility Guidelines (FSTAG), both of which 
are available at http://www.fs.fed.us/recreation/programs/accessiblity.
    The Access Board plans to publish a notice of proposed rulemaking 
(NPRM) in the spring of 2005 seeking public comment on proposed 
accessibility guidelines for outdoor developed areas, including trails. 
The NPRM will contain proposed accessibility guidelines developed by 
the Reg Neg Committee, and will apply to Federal agencies subject to 
the ABA.
    The Forest Service is proposing to issue an interim directive to 
Forest Service Manual (FSM) 2350, Trail, River, and Similar Recreation 
Opportunities, that would provide direction for maximizing the 
accessibility of new or altered trails managed for pedestrian use 
within the National Forest System, while recognizing and protecting the 
unique characteristics of the natural setting of each trail. In 
addition, the interim directive would define a wheelchair or mobility 
device; would define an all-terrain vehicle and an off-highway vehicle; 
and would clarify internal agency procedures and existing policies 
related to the accessibility of outdoor recreation areas.
    Application of the FSTAG would ensure that the full range of trail 
opportunities continue to be provided, from primitive long-distance 
trails to highly developed trails to popular scenic overlooks. All 
Forest Service trail classes would remain intact.
    The FSTAG would provide for the specific conditions of departure 
and exceptions, also contained in the proposed accessibility guidelines 
developed by the regulatory negotiation committee established by the 
Access Board, when necessary to preserve the uniqueness of each trail 
or when application of the accessibility standards would cause a change 
in the trail's setting or in the purpose or function for which the 
trail was designed. In all likelihood this means most existing 
primitive trails would not be subject to the FSTAG. However, the FSTAG 
could apply to portions of these trails where they pass through a more 
urban area. The FSTAG contains exceptions that would prevent 
accessibility from being pointlessly applied piecemeal throughout a 
trail when access between segments is not possible, and requires 
providing accessibility to special features where possible.
    The Forest Service will work with the Access Board as it develops 
final accessibility guidelines for outdoor developed areas. The Forest 
Service will finalize the direction in this interim directive regarding 
compliance with the FSTAG when the Access Board finalizes its 
accessibility guidelines for outdoor developed areas. The final FSTAG 
will contain the Access Board's final accessibility guidelines for 
outdoor developed areas managed by Federal agencies, as supplemented by 
the Forest Service to ensure the agency's continued application of 
universal design, as well as agency terminology and processes.
    In a related notice published elsewhere in this part of today's 
Federal Register, the agency is requesting comment on a proposed 
interim directive to guide its employees regarding compliance with the 
FSORAG, which would apply to new or reconstructed outdoor developed 
recreation areas. The FSTAG and the FSORAG are both available 
electronically on the World Wide Web at http://www.fs.fed.us/recreation/programs/accessibility. Copies also may be obtained by 
writing to the USDA, Forest Service, Attn: Accessibility Program 
Manager, Recreation and Heritage Resources Staff, Mail Stop 1125, 1400 
Independence Avenue, SW., Washington, DC 20250-0003.

Regulatory Certifications

Environmental Impact

    Section 31.1b of Forest Service Handbook (FSH) 1909.15 (57 FR 
43180, September 18, 1992) excludes from documentation in an 
environmental assessment or environmental impact statement ``rules, 
regulations, or policies to establish Service-wide administrative 
procedures, program processes, or instructions.'' The agency's 
preliminary conclusion is that this proposed interim directive falls 
within this category of actions and that no extraordinary circumstances 
exist which would require preparation of an environmental assessment or 
environmental impact statement.

Regulatory Impact

    This proposed interim directive has been reviewed under USDA 
procedures and Executive Order 12866 on regulatory planning and review. 
The Office of Management and Budget (OMB) has determined that the 
accessibility guidelines portion of the proposed interim directive is 
not economically significant because it would not have an annual 
economic impact of $100 million or more. However, the accessibility 
guidelines portion of the proposed interim directive was determined by 
OMB to be significant because of its relationship to the accessibility 
guidelines to be issued by the Access Board. Accordingly, this proposed 
interim directive has been reviewed by OMB pursuant to Executive Order 
12866. The regulatory impact analysis is available at http://www.fs.fed.us/recreation/programs/accessibility.
    Moreover, this proposed interim directive has been considered in 
light of the Regulatory Flexibility Act (5 U.S.C. 602 et seq.). It has 
been determined that this proposed interim directive would not have a 
significant economic impact on a substantial number of small entities 
as defined by the act because the proposed interim directive would not 
impose recordkeeping requirements on them; it would not affect their 
competitive position in relation to large entities; and it would not 
affect their cash flow, liquidity, or ability to remain in the market. 
The proposed interim directive would establish accessibility guidelines 
that would apply internally to the Forest Service and that would have 
no direct effect on small businesses. No small businesses have been 
awarded contracts for construction or reconstruction of recreation 
facilities

[[Page 8068]]

covered by these accessibility guidelines.

No Takings Implications

    This proposed interim directive has been analyzed in accordance 
with the principles and criteria contained in Executive Order 12630. It 
has been determined that this proposed interim directive would not pose 
the risk of a taking of private property.

Civil Justice Reform

    This proposed interim directive has been reviewed under Executive 
Order 12988 on civil justice reform. After adoption of this proposed 
interim directive, (1) all State and local laws and regulations that 
conflict with this interim directive or that impede its full 
implementation would be preempted; (2) no retroactive effect would be 
given to this interim directive; and (3) it would not require 
administrative proceedings before parties may file suit in court 
challenging its provisions.

Unfunded Mandates

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1531-1538), which the President signed into law on March 22, 
1995, the agency has assessed the effects of this proposed interim 
directive on State, local, and Tribal governments and the private 
sector. This proposed interim directive would not compel the 
expenditure of $100 million or more by any State, local, or Tribal 
government or anyone in the private sector. Therefore, a statement 
under section 202 of the act is not required.

Federalism and Consultation and Coordination With Indian Tribal 
Governments

    The agency has considered this proposed interim directive under the 
requirements of Executive Order 13132 on federalism, and has made an 
assessment that the proposed interim directive conforms with the 
federalism principles set out in this Executive Order; would not impose 
any compliance costs on the States; and would not have substantial 
direct effects on the States, the relationship between the Federal 
government and the States, or the distribution of power and 
responsibilities among the various levels of government. Therefore, the 
agency has determined that no further assessment of federalism 
implications is necessary.
    Moreover, this proposed interim directive does not have Tribal 
implications as defined by Executive Order 13175, ``Consultation and 
Coordination With Indian Tribal Governments,'' and therefore advance 
consultation with Tribes is not required.

Energy Effects

    This proposed interim directive has been reviewed under Executive 
Order 13211 of May 18, 2001, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use. It has been 
determined that this proposed interim directive does not constitute a 
significant energy action as defined in the Executive Order.

Controlling Paperwork Burdens on the Public

    This proposed interim directive does not contain any recordkeeping 
or reporting requirements or other information collection requirements 
as defined in 5 U.S.C. part 1320 that are not already required by law 
or not already approved for use. Accordingly, the review provisions of 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its 
implementing regulations at 5 CFR part 1320 do not apply.

    Dated: February 11, 2005.
Sally Collins,
Acting Chief.

Text of Proposed Interim Directive

    Note: The Forest Service organizes its directives system by 
alphanumeric codes and subject headings. Only those sections of the 
Forest Service Manual (FSM) that are the subject of this notice are 
set out here. The intended audience for this proposed interim 
direction is agency employees charged with the management of trails 
on National Forest System lands. Only new and revised direction from 
FSM 2350 is set out in the proposed interim directive. The asterisks 
indicate that parent text direction unchanged by this proposed 
interim directive is not set out in this notice. The full text of 
the current FSM 2350 is available electronically on the World Wide 
Web at http://www.fs.fed.us/im/directives.

Forest Service Manual

Chapter 2350--Trail, River, and Similar Recreation Opportunities

* * * * *
    [The uncoded introductory paragraph to this Chapter and FSM 2350.2 
are unchanged.]
2350.3--Policy
* * * * *
    [Paragraphs 1-6 are unchanged.]
    7. Comply with the FSTAG (FSM 2353.01c, para. 7) when the FSTAG 
establishes a higher standard for trails than Federal accessibility 
standards (FSM 2353.01c, para 3).
* * * * *
    [FSM 2352-2352.1 are unchanged.]

2353--National Forest System Trails

2353.01--Authority
    See FSM 2350.1 for general authorities on developing and managing 
trails. For the authorities and technical guidelines related to the 
accessibility of trails, see FSM 2353.01c.
* * * * *
    [FSM 2353.01-2353.01b are unchanged.]
2353.01c--Federal and Agency Requirements for Accessibility of Trails
    For related direction on the authorities for the accessibility of 
recreation programs, sites, and facilities, see FSM 2330.12.
    1. Architectural Barriers Act (ABA) of 1968, as amended (42 U.S.C. 
4151 et seq.). This act requires that all facilities designed, 
constructed, altered, or leased by a Federal agency be accessible to 
persons with disabilities.
    2. Architectural Barriers Act Accessibility Guidelines (36 CFR part 
1191, Appendices C and D). These guidelines were issued by the 
Architectural and Transportation Barriers Compliance Board (Access 
Board) in 2004 and apply to buildings and facilities subject to the 
Architectural Barriers Act of 1968. When adopted as standards by the 
General Services Administration, they will apply to Forest Service 
buildings and facilities.
    3. Architectural Barriers Act Accessibility Guidelines for Outdoor 
Developed Areas (36 CFR part 1190). These guidelines will be issued by 
the Architectural and Transportation Barriers Compliance Board (Access 
Board) in 2005 and apply to outdoor developed areas, including trails, 
managed by Federal agencies subject to the Architectural Barriers Act 
of 1968. When adopted as standards by the General Services 
Administration, they will apply to outdoor developed areas, including 
trails, managed by the Forest Service.
    4. Rehabilitation Act of 1973, as amended, Sections 504 and 508 (29 
U.S.C. 794 and 794d). Section 504 of this act (29 U.S.C. 794) prohibits 
Federal agencies and recipients of Federal financial assistance from 
discriminating against any person with a disability. Section 508 of 
this act (29 U.S.C. 794d) requires that all electronic and information 
technology purchased or developed by a Federal agency allow persons 
with disabilities to have access to and use of the information and data 
that is comparable to that provided to persons without disabilities.

[[Page 8069]]

    5. Enforcement of Nondiscrimination on the Basis of Disability in 
Programs or Activities of USDA (7 CFR parts 15e and 15b). The USDA 
regulations implementing section 504 of the Rehabilitation Act as it 
applies to programs and activities conducted by USDA are found at 7 CFR 
part 15e. The USDA regulations implementing section 504 of the 
Rehabilitation Act as it applies to USDA-assisted programs are found at 
7 CFR part 15b. These provisions address program accessibility; 
requirements for accessible programs in new, altered, or existing 
facilities; accessibility transition planning; accessible communication 
requirements; and compliance procedures.
    6. Americans With Disabilities Act of 1990 (ADA) (42 U.S.C. 12101 
et seq.). This act prohibits discrimination on the basis of disability 
by State or local governments, public accommodations, and public 
transportation. The ADA does not apply to Federal agencies, with the 
exception of Title V, section 507c. This provision clarifies that the 
Wilderness Act of 1964 is preeminent in federally designated wilderness 
areas, contains a definition of a wheelchair, and states that a device 
that meets that definition can be used wherever foot travel is 
permitted in federally designated wilderness areas (FSM 2353.05, para. 
10).
    7. Forest Service Trail Accessibility Guidelines (FSTAG). The FSTAG 
contains the accessibility guidelines for outdoor developed areas, 
including trails, issued by the Architectural and Transportation 
Barriers Compliance Board (Access Board), as supplemented by the Forest 
Service to ensure the agency's continued application of universal 
design, as well as agency terminology and processes. The FSTAG is 
available electronically on the World Wide Web at http://www.fs.fed.us/recreation/programs/accessibility recreation/programs/accessibility. Copies also may be obtained by 
writing to the Accessibility Program Manager, Recreation and Heritage 
Resources Staff, Washington Office.
* * * * *
    [FSM 2353.02 and FSM 2553.03, paragraphs 1-6, are unchanged.]
2553.03--Policy
    7. Ensure that all new or reconstructed trails comply with Federal 
and Forest Service accessibility guidelines and standards for trails 
managed for pedestrian use (FSM 2353.01c, para. 1-7). The FSTAG applies 
to trails managed for pedestrian use when the FSTAG establishes a 
higher standard for those trails than Federal accessibility standards 
(FSM 2353.01c, para. 2 and 3).
* * * * *
    [FSM 2353.04-2353.04g and FSM 2353.05, paragraphs 1-9, are 
unchanged.]
2353.05--Definitions
    10. Wheelchair or Mobility Device. A device, including one that is 
battery-powered, that is designed solely for use by a mobility-impaired 
person for locomotion, and that is suitable for use in an indoor 
pedestrian area. A person whose disability requires use of a wheelchair 
or mobility device may use a wheelchair or mobility device that meets 
this definition anywhere foot travel is permitted (Title V, sec. 507c, 
of the ADA).
* * * * *
    [FSM 2353.1-2353.26 are unchanged.]
2353.27--Accessibility
    Ensure that all new or reconstructed trails comply with Federal and 
Forest Service accessibility guidelines and standards for trails 
managed for pedestrian use (FSM 2353.01c, para. 1-7). The FSTAG applies 
to trails managed for pedestrian use when the FSTAG establishes a 
higher standard for those trails than Federal accessibility standards 
(FSM 2353.01c, para. 2 and 3). The FSTAG is available electronically on 
the World Wide Web at http://www.fs.fed.us/recreation/programs/accessibility. Copies also may be obtained by writing to the 
Accessibility Program Manager, Recreation and Heritage Resources Staff, 
Washington Office.
* * * * *
    [FSM 2353.3-2354 and FSM 2355.01-2355.04d are unchanged.]

2355--Management of Off-Highway Vehicle Use

    [Alphabetize existing definitions, insert the following new 
definitions for all-terrain vehicle, off-highway vehicle, and 
wheelchair or mobility device, and renumber the paragraphs 
accordingly.]
2355.05--Definitions
* * * * *
    2. All-Terrain Vehicle (ATV). A type of off-highway vehicle that 
travels on three or more low-pressure tires; has handle-bar steering; 
and has a seat designed to be straddled by the operator.
* * * * *
    8. Motor Vehicle. Any vehicle which is self-propelled, other than:
    (1) a vehicle operated on rails; and
    (2) any wheelchair or mobility device, including one that is 
battery-powered, that is designed solely for use by a mobility-impaired 
person for locomotion, and that is suitable for use in an indoor 
pedestrian area.
    9. Off-Highway Vehicle (OHV). Any motor vehicle designed for or 
capable of cross-country travel on or immediately over land, water, 
sand, snow, ice, marsh, swampland, or other natural terrain.
* * * * *
    13. Wheelchair or Mobility Device. See the definition at FSM 
2353.05, paragraph 10.
* * * * *
    [The remainder of the chapter (FSM 2355.11-2356.6) is unchanged.]

[FR Doc. 05-3068 Filed 2-16-05; 8:45 am]
BILLING CODE 3410-11-P