36 CFR Part 1191 ABA Accessibility Guidelines, Outdoor Developed Areas - Preamble

Exemptions for Entire Trail or Beach Access Route

The proposed rule would have exempted an entire trail from complying with the technical requirements for trails when:

• The combination of running slope and cross slope exceeds 40 percent for over 20 feet;

• A trail obstacle 30 inches high or more runs across the full tread width of the trail;

• The trail surface is neither firm nor stable for a distance of 45 feet or more;

• The tread width is less than 12 inches wide for a distance of 20 feet or more; or

• The trail is not required to comply with any of the technical requirements for more than 15 percent of the trail.

The final rule allows an entire trail to be exempted when an entity determines that it would be impracticable for the trail to comply with the technical requirements for trails. This determination is made after the entity applies the exceptions for specific provisions in the technical requirements for trails to portions of the trail. The exemption is intended to allow for conditions in the field other than those listed in the proposed rule that may render it impracticable for the trail to comply with the technical requirements for trails. The final rule requires federal agencies to notify us if an entire trail is exempted. A form to notify us is available at: http://www.access-board.gov/outdoor. The form lists the conditions in the proposed rule as a basis for exempting an entire trail and allows other conditions in the field to also be a basis for exempting an entire trail. The form will allow us to monitor exemptions and to provide guidance as necessary.

The proposed rule did not include an exemption for an entire beach access route. The final rule does not require a beach access route to be provided when an entity determines that it would be impracticable to provide a beach access route complying with the technical provisions for beach access routes. This determination is made after the entity applies the exceptions for specific provisions in the technical requirements for beach access routes to portions of the route. The final rule requires federal agencies to notify us if a beach access route is not provided. A form to notify us is available at: http://www.access-board.gov/guidelines-and-standards/recreation-facilities/outdoor-developed-areas.