[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]


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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.

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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.
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    \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).
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    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\
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    \2\ See 36 CFR part 1190, appendix, section R104.3 (definition 
of ``public right-of-way'').
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    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).
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    \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/.
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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.
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    \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.
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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\
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    \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.
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    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).
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    \13\ GSA makes these assumptions based on the Access Board's 
historical familiarization hours and SME judgment.
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    A breakdown of undiscounted total annual estimated Government 
training costs by year is provided in the table below.

 
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              Year                     1           2           3           4           5           6           7           8           9          10
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Government wide Training........    $81,617     $81,061     $81,061     $81,061     $81,061     $81,061     $81,061     $81,061     $81,061     $81,061
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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.
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    \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.
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    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\
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    \16\ GSA assumes the estimated total number of projects to be 
spread evenly over the 10-year period.
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    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\
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    \17\ Costs in this table are presented in undiscounted and 
constant dollars.

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                   Year                         1          2          3          4          5          6          7          8          9          10
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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
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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\
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    \18\ This information is based on internal GSA historical data 
sources.
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    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.
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    \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.
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    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\
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    \21\ GSA assumes the estimated total number of projects to be 
spread evenly over the 10-year period.
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    A breakdown of the undiscounted total annual estimated cost by year 
is provided in the table below.\22\
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    \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
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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