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

Billing Code 8150‒01-P

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1191

RIN 3014-AA22

Architectural Barriers Act Accessibility Guidelines; Outdoor Developed Areas

AGENCY: Architectural and Transportation Barriers Compliance Board.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

1. New Format for Guidelines

2. Executive Summary

3. Statutory and Regulatory Background

4. Changes Made to the Proposed Rule

5. Discussion of Scoping and Technical Requirements

6. Regulatory Analyses

In this preamble, “we,” “our” and “us” refer to the Architectural and Transportation Barriers Compliance Board (Access Board).

1. New Format for Guidelines

This final rule amends the Architectural Barriers Act Accessibility Guidelines, which were published in the Federal Register on July 23, 2004 (69 FR 44151) and are codified in Appendices C and D to 36 CFR part 1191. The guidelines were published as “camera ready” copy (i.e., images) in 2004 because they included figures after certain sections to illustrate technical requirements in the sections. Since it is not possible to amend the guidelines as published in 2004, we submitted the guidelines, as amended by the final rule, to the Federal Register as a Word document without figures, except for four mandatory symbols included at the end of Appendix D.¹ The scoping requirements for the Americans with Disabilities Act Accessibility Guidelines in Appendix B are not changed. We did not include advisory sections that previously appeared in Appendices B, C, and D because they provide guidance only and do not contain mandatory requirements. We removed the List of Figures and Index in Appendix E because it did not contain regulatory material. We added notes to paragraphs (a) and (b) of section 1191.1 that reference the accessibility standards adopted by the Department of Justice and Department of Defense. Advisory sections and figures are included in the documents on our webpage at: www.access-board.gov.

2. Executive Summary

Legal Authority and Purpose

The Architectural Barriers Act requires facilities constructed or altered by or on behalf of federal agencies to be readily accessible to and usable by individuals with disabilities. Certain agencies are required to adopt accessibility standards for the design, construction, and alteration of facilities covered by the Architectural Barriers Act.² We are required by section 502 of the Rehabilitation Act to establish and maintain minimum guidelines and requirements for the accessibility standards adopted the federal agencies. We are issuing the final rule pursuant to this authority. The final rule amends the Architectural Barriers Act Accessibility Guidelines that we issued in 2004 to address camping facilities, picnic facilities, viewing areas, trails, and beach access routes constructed or altered by or behalf of federal agencies.

Summary of Major Provisions

The final rule applies to the following federal agencies and their components that administer outdoor areas developed for recreational purposes: Department of Agriculture (Forest Service); Department of Defense (Army Corps of Engineers); and Department of the Interior (Bureau of Land Management, Bureau of Reclamation, Fish and Wildlife Service, National Park Service). The final rule also applies to non-federal entities that construct or alter recreation facilities on federal land on behalf of the federal agencies pursuant to a concession contract, partnership agreement, or similar arrangement.

The final rule adds scoping and technical requirements for the design, construction, and alteration of camping facilities, picnic facilities, viewing areas, trails, and beach access routes to the Architectural Barriers Act Accessibility Guidelines. The scoping requirements address the following outdoor constructed features provided at these facilities: picnic tables, fire rings, grills, fireplaces, wood stoves, trash and recycling receptacles, water hydrants, utility and sewage hookups, outdoor rinsing showers, benches, and viewing scopes. The scoping requirements also address the following elements provided in camping units with mobility features: parking spaces for recreational vehicles and other vehicles; tent pads and tent platforms; and camp shelters. The scoping requirements added by the final rule are summarized in Table 1.

The technical requirements establish design criteria for outdoor constructed features; parking spaces within camping units and picnic units with mobility features; pull-up spaces for recreational vehicles at dump stations; tent pads and tent platforms; camp shelters; viewing areas; outdoor recreation access routes; trails; and beach access routes. The final rule permits exceptions to specific provisions in the technical requirements for certain elements and facilities based on the conditions listed in Table 2. When an entity determines that a condition does not permit full compliance with a provision, compliance is required to the extent practicable.

The final rule allows exemptions for an entire trail or beach access route when an entity determines that is impracticable for a trail to comply with the technical requirements for trails or to provide a beach access route complying with the technical requirements for beach access routes. This determination is made after the entity applies the exceptions for specific provisions in the technical requirements for trails or beach access routes to portions of the trail or route.

Summary of Costs and Benefits

We compared the final rule to guidelines and standards used by the federal agencies for the design of outdoor developed areas without regard to accessibility to determine whether the final rule would result in additional costs. We determined the final rule would not result in additional costs for camping facilities and picnic facilities. We estimate the final rule would result in additional costs for viewing areas, trails, and beach access routes shown in Table 3. We estimate the federal agencies would incur $1.2 million additional annual costs due to the final rule.

The proposed rule would enable individuals with mobility disabilities to participate in outdoor recreation activities with their families and friends. The benefits are difficult to quantify, but include important national values recognized in Executive Order 13563 such as equity, human dignity, and fairness.

3. Statutory and Regulatory Background

The Architectural Barriers Act requires facilities constructed or altered by or on behalf of federal agencies to be readily accessible to and usable by individuals with disabilities.³ See 42 U.S.C. 4151 et seq. The Department of Defense, Department of Housing and Urban Development, General Services Administration, and United States Postal Service are required to adopt accessibility standards for the design, construction, and alteration of facilities covered by the Architectural Barriers Act.⁴ See 42 U.S.C. 4152 through 4154a. We are required by section 502 of the Rehabilitation Act to establish and maintain minimum guidelines and requirements for the accessibility standards adopted the federal agencies. See 29 U.S.C. 792 (b) (3). We also are required by section 502 of the Rehabilitation Act to investigate complaints alleging that facilities covered by the Architectural Barriers Act have not complied with the accessibility standards. See 29 U.S.C. 792 (b) (1) and (e). When we find a violation, we request the responsible federal agency to submit a corrective action plan and monitor implementation of the plan.

We issued the Architectural Barriers Act Accessibility Guidelines for facilities covered by the Architectural Barriers Act in 2004. See 69 FR 44151 (July 23, 2004). The guidelines contain scoping and technical requirements. Scoping requirements specify what features are required to be accessible and, where multiple features of the same type are provided, how many of the features are required to be accessible. Technical requirements specify the design criteria for accessible features. The scoping and technical requirements address some but not all of the features provided at outdoor areas developed for recreation purposes. For example, the scoping and technical requirements address parking areas, toilet and bathing facilities, fishing piers and platforms, and boating docks and marinas. However, the scoping and technical requirements do not address the minimum number of camping units and picnic units required to provide mobility features, or provide design criteria for viewing areas, trails, and beach access routes. The final rule amends the guidelines by adding scoping and technical requirements for these features.

The Architectural Barriers Act Accessibility Guidelines are codified at Appendices C and D to 36 CFR part 1191. The Department of Defense, United States Postal Service, and General Services Administration adopted the Architectural Barriers Act Accessibility Guidelines as the accessibility standards for facilities covered by the Architectural Barriers Act Guidelines by cross-referencing Appendices C and D.⁵ Since these agencies cross-reference Appendices C and D, the amendments to Appendices C and D made by the final rule are incorporated into the accessibility standards for facilities covered by the Architectural Barriers Act. Thus, camping facilities, picnic facilities, viewing areas, trails, and beach access routes constructed or altered by or on behalf of federal agencies on or after the effective date of the final rule are required to comply with Appendices C and D, as amended by the final rule.

The final rule does not apply to outdoor developed areas administered by state and local governments and by private entities covered by Titles II and III the Americans with Disabilities Act because sufficient data were not available to prepare a regulatory assessment of the impact of the proposed rule on state and local governments or private entities. We will conduct a separate rulemaking in the future for outdoor developed areas administered by state and local governments and by private entities covered by the Titles II and III of the Americans with Disabilities Act.⁶

4. Changes Made to the Proposed Rule

We issued a proposed rule in 2007. See 72 FR 34074 (June 20, 2007). The proposed rule was based on the report of a regulatory negotiation committee. We released a draft of the final rule in 2009. The regulatory negotiation report, proposed rule, and draft of the final rule are available on our website at: http://www.access-board.gov/outdoor (click on Background). The changes made to the proposed rule are discussed below.

Format and Organization

The proposed rule would have established the scoping and technical requirements for camping facilities, picnic facilities, viewing areas, trails, and beach access routes as separate guidelines to be codified as an appendix to 36 CFR part 1195. The final rule incorporates the scoping and technical requirements for these facilities into the Architectural Barriers Act Accessibility Guidelines, which are codified as Appendices C and D to 36 CFR part 1191.

Exceptions When Conditions Do Not Permit Full Compliance

The proposed rule would have permitted exceptions to only certain provisions in the technical requirements when certain conditions do not permit full compliance. The final rule restates the conditions as shown in the Table 2 under the Executive Summary, and permits exceptions based on the conditions to any provision in the technical requirements for tent pads and tent platforms, camp shelters, viewing areas, outdoor recreation access routes, trails, and beach access routes.⁷ The final rule also permits exceptions based on the conditions to the provisions for clear ground space at outdoor constructed features in alterations.

The proposed rule would have required compliance “to the maximum extent feasible” when an exception is used. The final rule requires compliance “to the extent practicable” when an exception is used. This language is more in keeping with the regulatory negotiation committee report, which considered the term “feasible” to mean “reasonably-doable.” The regulatory negotiation committee report used the example of constructing a portion of a trail in a steeply sloped area, where complying with the provision for running slope would require extensive cuts and fills that would be difficult to construct and maintain; cause drainage and erosion problems; and have a severe impact on the environment. In this example, the portion of the trail constructed in the steeply sloped area is permitted to comply with the provision for running slope to the extent practicable.

When an exception to a specific provision in the technical requirements is used on a portion of a trail or beach access route, the final rule requires the federal agency to document the basis for its determination to use the exception and to maintain the documentation in the records for the trail or beach project in the event that a complaint is later filed alleging that the trail or beach access route does not fully comply with the applicable technical requirements. When investigating the complaint, we will request the federal agency to provide the documentation if the federal agency claims that it used an exception based on the conditions.

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.

Beach Access Routes

The proposed rule would have required beach access routes to be provided where a beach is constructed and where a pedestrian route is constructed at a beach. The final rule requires beach access routes to be provided where the entity that administers or manages a beach constructs or alters circulation paths, parking facilities, toilet facilities, or bathing facilities to serve the beach or undertakes a beach nourishment project. The entity is not required to expend more than 20 percent of the costs of constructing or altering facilities serving the beach or the beach nourishment project to provide beach access routes.

The proposed rule would have required the clear width of beach access routes to be 36 inches minimum. Beach access routes provide a firm and stable surface over the sand and are used by beach visitors with and without disabilities. The final rule requires the clear width of beach access routes to be 60 inches minimum to enable individuals who use wheeled mobility devices to pass beach visitors traveling in the opposite direction.

Shared Use Paths

The preamble to the proposed rule indicated that the proposed scoping and technical requirements for trails would apply to shared use paths. A shared use path is a multi-use path that is designed primarily for use by pedestrians and bicyclists for transportation and recreational purposes. Shared use paths are physically separated from motor vehicle traffic by an open space or barrier, and are either within the highway right-of-way or within an independent right-of-way. We subsequently decided to include shared use paths in the proposed accessibility guidelines for pedestrian facilities in the public right-of-way. See 78 FR 10110 (February 13, 2013).

Trailhead Signs

The proposed rule would have required signs to be provided at trailheads to identify accessible trails. The proposed rule would have required the signs to include information on the total distance of the trail and, where exceptions have been used, the location of the first point where the trail does not fully comply with the technical requirements for trails.

Where new trail information signs are provided at trailheads on newly constructed or altered trails designed for use by hikers or pedestrians, the final rule requires the signs to include information on the length of the trail or trail segment; surface type; typical and minimum tread width; typical and maximum running slope; and typical and maximum cross slope. This requirement applies regardless of whether the trail complies with the technical requirements for trails. The information provided on the signs enables individuals with disabilities to decide whether to hike the trail based on the characteristics of the trail.

Surface Slopes

The proposed rule would have required clear ground spaces to have slopes not steeper than 1:50 in any direction, and would have permitted slopes not steeper than 1:33 when necessary for drainage. The final rule requires clear ground spaces to have slopes not steeper than 1:48 in any direction and, where the surface is other than concrete, asphalt, or boards, permits slopes not steeper than 1:20 when necessary for drainage. The final rule defines the term boards to include wood, plastic, metal, and composite products.

The proposed rule would have required outdoor recreation access routes and beach access routes to have cross slopes not steeper than 1:33, and would have permitted cross slopes not steeper than 1:20 when necessary for drainage. The proposed rule would have required trails to have cross slopes not steeper than 1:20. The final rule requires outdoor recreation access routes, trails, and beach access routes to have cross slopes not steeper than 1:48 and, where the surface is other than concrete, asphalt, or boards, permits cross slopes not steeper than 1:20 when necessary for drainage.

Outdoor Constructed Features

The proposed rule contained separate scoping and technical requirements for picnic tables, fire rings, grills, fireplaces, wood stoves, trash and recycling receptacles, water hydrants, utility and sewage hookups, outdoor rinsing showers, benches, and viewing scopes. The final rule collectively defines these elements as outdoor constructed features.

The proposed rule would have required 50 percent of picnic tables, fire rings, grills, and benches to comply with the applicable technical requirements, and would have required at least 40 percent of these elements that complied with the applicable technical requirements to be on an outdoor recreation access route. In the final rule, the scoping requirements for camping facilities, picnic facilities, viewing areas, trailheads, and trails include scoping requirements for outdoor constructed features; and the technical requirements for outdoor constructed features are contained in 1011. The final rule requires every outdoor constructed feature that complies with the applicable technical requirements in 1011 to be on an outdoor recreation access route.

The proposed rule based the size of the clear ground space at outdoor constructed features on the dimensions for clear floor or ground surfaces in 305.2 of the Architectural Barriers Act Accessibility Guidelines. The final rule bases the size of the clear ground space at outdoor constructed features on the dimensions for maneuvering clearance at clear floor or ground spaces that are confined on all or part of three sides in 305.7 of the Architectural Barriers Act Accessibility Guidelines. Outdoor constructed features can be confined on all or part of three sides by surfaces that are not firm and stable or that have changes in level. The dimensions for maneuvering clearance at clear floor or ground spaces that are confined on all or part of three sides in 305.7 of the Architectural Barriers Act Accessibility Guidelines provide additional space for maneuvering into and out of the space: 36 inches minimum by 48 inches minimum for a forward approach, and 30 inches minimum by 60 inches minimum for a parallel approach. At water hydrants, a clear ground space for a forward approach is required on each side of the water hydrant to enable individuals with disabilities to operate the water hydrant from their right side or left side. At rinsing showers, the size of the clear ground space is based on the dimensions for turning space in 304.3.1 of the Architectural Barriers Act Accessibility Guidelines to enable individuals with disabilities to turn in the space.

The proposed rule would have required outdoor rinsing showers to provide grab bars. Outdoor rinsing showers typically are provided at beaches for rinsing off sand and lotions that people apply to their bodies when they are outdoors. They are not designed for bathing and do not offer privacy. Individuals who use wheeled mobility devices are not expected to transfer from the devices when using outdoor rinsing showers and do need grab bars for this purpose. Therefore, the final rule does not require grab bars at rinsing showers.

The proposed rule also would have required outdoor rinsing showers to provide a fixed shower head at a lower height. The final rule requires outdoor rinsing showers to provide a hand-held shower spray unit that has at least one fixed position located 15 inches minimum and 48 inches maximum above the ground. Where vandalism is a consideration, a fixed shower head located 48 inches above the ground is permitted in place of a hand-held shower spray unit.

The proposed rule would have required benches to provide a backrest and armrests. The final rule does not require a backrest and armrests due to the varied designs and configurations of benches.

Elements Exempted in Final Rule

The proposed rule included proposed scoping and technical requirements for utility sinks and pit toilets. The final rule exempts these elements from the scoping requirements in F212.3 and F213.1 of the Architectural Barriers Act Accessibility Guidelines.

Elements Not Addressed in Final Rule

The proposed rule included proposed scoping and technical requirements for recreational vehicle parking spaces in general parking areas at camping facilities. The final rule includes scoping and technical requirements for recreational vehicle parking spaces in camping units with mobility features and recreational vehicle pull-up spaces at dump stations. The final rule does not address recreational vehicle parking spaces in other areas.

The proposed rule included proposed scoping and technical requirements for mobility device storage facilities and warming huts. The final rule does not address these elements because they are not typically provided at the facilities addressed in the final rule.

5. Discussion of Scoping and Technical Requirements

The scoping and technical requirements in the final rule are discussed below.

Appendix C to 36 CFR part 1191 – Architectural Barriers Act: Scoping

ABA Chapter 1: Application and Administration

F106.5 Defined Terms

The final rule adds definitions to this section for the following terms: boards, camp shelter, camping facility, camping unit, outdoor constructed features, picnic facility, picnic unit, trail, trailhead, and viewing areas. The definition of boards is discussed above under the Executive Summary. The definition of outdoor constructed features is discussed above under Changes Made to the Proposed Rule. The definitions of the other terms are discussed below under the sections where the terms are used.

ABA Chapter 2: Scoping Requirements

F201.4 Requirements Apply to Facilities Constructed or Altered by or on Behalf of Federal Agencies

This section provides that the scoping requirements in F216.13 and F244 though F248 and the technical requirements in 1011 through 1019 apply to camping facilities, picnic facilities, viewing areas, trails, and beach access routes constructed or altered by federal agencies or by non-federal entities on federal land on behalf of federal agencies pursuant to a concession contract, partnership agreement, or similar arrangement.

F201.4.1 Documentation and Notification When Exceptions Used for Trails or Beach Access Routes

This section requires federal agencies to document the basis for not fully complying with a specific provision in the technical requirements for trails on a portion of a trail based on Exception 1 in 1017, or with a specific provision in the technical requirements for beach access routes based on Exception 1 in 1018. Federal agencies are required to maintain the documentation with the records for the trail or beach project. The section also requires federal agencies to notify us if an entire trail is exempted from complying with the technical requirements for trails based on Exception 2 in 1017, and if a beach access route is not provided based on Exception 2 in 1018. Notification forms are available on our website at: http://www.access-board.gov/outdoor.

F202.3 Alterations

The final rule adds Exception 4 to this section, which applies to altered elements and spaces. Exception 4 does not require an outdoor recreation access route to altered elements and spaces in camping facilities, picnic facilities, viewing areas, or trailheads where the circulation path to the altered element or space is not altered. Exception 4 is consistent with Exception 1 to this section, which does not require an accessible route to altered elements and spaces in other types of facilities where the circulation path to the altered element or space is not altered, unless the alterations affect primary function areas.

F202.4 Alterations Affecting Primary Function Areas

The final rule adds Exception 2 to this section, which applies to altered areas containing a primary function. Exception 2 exempts camping facilities, picnic facilities, viewing areas, trailheads, trails, and beach access routes from providing an accessible path of travel to altered areas containing a primary function. The regulations and policies issued by the federal agencies referenced in the section define an accessible path of travel as an accessible route. Exception 4 is added because the final rule does not require accessible routes at camping facilities, picnic facilities, viewing areas, and trailheads where outdoor recreation access routes are provided. The final rule also does not require accessible routes where camping facilities, picnic facilities, and viewing areas are provided on trails and where beach access routes are provided.

F206.1 General

The final rule adds three exceptions to this section, which contains the scoping requirements for accessible routes. Exception 1 does not require accessible routes at camping facilities, picnic facilities, viewing areas, and trailheads where outdoor recreation access routes are provided. Exception 2 does not require accessible routes where camping facilities, picnic facilities, viewing areas, and outdoor constructed features are provided on trails. Exception 3 does not require accessible routes where beach access routes are provided.

F212.3 Sinks

The final rule adds Exception 2 to this section, which contains the scoping requirements for sinks. Exception 2 exempts sinks in camping facilities and picnic facilities where a cooktop or conventional range is not provided. Exception 2 applies to utility sinks used to clean large pots and equipment. Exception 2 is consistent with Exception 1 to this section, which exempts service sinks because they cannot comply with technical requirements for sinks due to their configuration. Utility sinks used to clean large pots and equipment are configured similar to service sinks. Lavatories (i.e., sinks in toilet and bathing facilities) are not affected by Exception 2.

F213.1 General

The final rule adds an exception to this section, which contains the scoping requirements for toilet facilities. The exception exempts pit toilets provided on trails and in camping facilities. A pit toilet is a primitive outhouse consisting of a toilet riser over a hole dug into the ground or receptacle to receive and naturally decompose human waste. Some pit toilets do not have walls and would not be able to comply with the technical requirements for toilet facilities such as providing grab bars at toilet fixtures. However, the technical requirements for toilet facilities can be used as guidance for designing pit toilets.

F216.13 Trailhead Signs

Where new trail information signs are provided at trailheads on newly constructed or altered trails designed for use by hikers or pedestrians, this section requires the signs to comply with the technical requirements in 1017.11, regardless of whether the trails comply with the technical requirements in 1017. The technical requirements in 1017.11 require the signs to include information on the length of the trail or trail segment; surface type; typical and minimum tread width; typical and minimum running slope; and typical and minimum cross slope. This information enables individuals with disabilities to decide whether to hike the trail based on the characteristics of the trail. Entities should also provide information about the accessibility of trails on websites.

If trail information signs designate the name of the trail, only the name of the trail is required to comply with the technical requirements in 703.5. See F216.2. Tactile characters are not required on exterior signs. Trail information signs are not required to display the International Symbol of Accessibility.

F244 Camping Facilities

F244.1 General

This section contains the scoping requirements for camping facilities, other than camping facilities on trails. The scoping requirements for camping facilities on trails are contained in F247.4.1. The terms camping facility, camping unit, and camp shelter are defined in F106.5. A camping facility is a site, or a portion of a site, developed for outdoor recreational purposes that contains camping units. A camping unit is an outdoor space in a camping facility used for camping that contains outdoor constructed features, parking spaces for recreational vehicles or other vehicles, tent pads or tent platforms, or camp shelters. A camp shelter is a partially enclosed structure that provides campers and hikers cover from weather and that does not contain plumbing fixtures or kitchen appliances. Camp shelters are not transient lodging facilities or residential dwelling units.

F244.2 Camping Units with Mobility Features

This section requires camping facilities to provide a minimum number of camping units with mobility features based on the total number of camping units in accordance with Table 244.2. Where different types of camping units are provided (e.g., camping units for recreational vehicles only; camping units for tent camping only; and camping units with camp shelters), Table 244.2 applies to each type of camping unit provided.

Camping units with mobility features are not required to be identified by signs. Entities should provide information on the location of camping units with mobility features on websites, in brochures, and at bulletin boards or information kiosks at the camping facility. Where entities operate reservation systems for camping units or assign camping units upon arrival, entities should establish policies to ensure that camping units with mobility features are available for individuals with disabilities until all the camping units are occupied.

F244.2.1 Alterations and Additions

This section requires camping units that are altered or added to provide mobility features until the number of camping units with mobility features in the camping facility meets the minimum number required in Table 244.2.

Where an entity is implementing a transition plan for program accessibility developed pursuant to regulations issued under section 504 of the Rehabilitation Act that designates specific camping units to provide mobility features, an exception permits the entity to not provide accessible elements when altering individual elements within camping units that are not designated to provide mobility features. When all the elements within a camping unit are altered, the altered camping unit is required to provide mobility features until the minimum number of camping units with mobility features required in Table 244.2 is met.

F244.2.2 Dispersion

This section requires camping units with mobility features to provide choices of camping units comparable to, and integrated with, those available to others.

F244.2.3 Elements within Camping Units with Mobility Features

This section contains the scoping requirements for elements within camping units required to provide mobility features, including outdoor constructed features (F244.2.3.1), parking spaces for recreational vehicles (F244.2.3.2.1), parking spaces for vehicles other than recreational vehicles (F244.2.3.2.2), tent pads and tent platforms (F244.2.3.3), and camp shelters (F244.2.3.4). Where these elements are provided within a camping unit, at least one of each type of element is required to comply with the applicable technical requirements for the element. Where more than one of the same element is provided within a camping unit (e.g., picnic tables, tent pads), at least two of the same type element are required to comply with the applicable technical requirements for the element.

F244.3 Outdoor Constructed Features in Common Use and Public Use Areas

This section contains the scoping requirements for outdoor constructed features provided in common use and public use areas that serve camping units with mobility features. At least 20 percent, but not less than one, of each type of outdoor constructed feature provided at each location is required to comply with the applicable technical requirements in 1011.

F244.4 Pull-up Spaces for Recreational Vehicles at Dump Stations

This section requires pull-up spaces provided for recreational vehicles at dump stations to comply with the applicable technical requirements in 1012.

F244.5 Outdoor Recreation Access Routes

This section contains the scoping requirements for outdoor recreation access routes at camping facilities, which are discussed below.

F244.5.1 Routes within Camping Units with Mobility Features

This section requires at least one outdoor recreation access route to connect accessible elements, spaces, and facilities provided within camping units with mobility features.

F244.5.2 Routes to and within Common Use and Public Use Areas

This section requires at least one outdoor recreation access route to connect each camping unit with mobility features with common use and public use areas serving the unit; and at least one outdoor recreation access route to connect accessible elements, spaces, and facilities provided within common use and public use areas serving camping units with mobility features. An outdoor recreation access route is not required to connect camping units with mobility features and recreational vehicle dump stations where a pull-up space complying with the applicable technical requirements in 1012 is provided at the dump station for recreational vehicles.

F244.5.3 Routes to Adjacent Recreation Facilities

Where a circulation path connects camping facilities and adjacent recreation facilities, this section requires at least one outdoor recreation access route to connect camping units with mobility features to an accessible route serving the adjacent recreation facilities. The section does not modify the scoping requirements for accessible routes in F206 of the Architectural Barriers Act Accessibility Guidelines that apply to recreation facilities.

F244.5.4 Location

This section requires outdoor recreation access routes to coincide with or be located in the same general area as general circulation paths. Where a vehicular way serves as the general circulation path for pedestrians at a camping facility, the outdoor recreation access route can be provided within the vehicular way.

F245 Picnic Facilities

F245.1 General

This section contains the scoping requirements for picnic facilities, other than picnic facilities on trails. The scoping requirements for picnic facilities on trails are contained in F247.4.2. The terms picnic facility and picnic unit are defined in F106.5. A picnic facility is a site, or a portion of a site, developed for outdoor recreational purposes that contains picnic units. A picnic unit is an outdoor space in a picnic facility used for picnicking that contains outdoor constructed features.

F245.2 Picnic Units with Mobility Features

This section requires picnic facilities to provide a minimum number of picnic units with mobility features as discussed below. Picnic units with mobility features are not required to be identified by signs. Entities should provide information on the location of picnic units with mobility features on websites, in brochures, and at bulletin boards or information kiosks at the picnic facility.

F245.2.1 Picnic Facilities with Two or Fewer Picnic Units

Where picnic facilities contain two or fewer picnic units, this section requires each picnic unit to provide mobility features.

F245.2.2 Picnic Facilities with More Than Two Picnic Units

Where picnic facilities contain more than two picnic units, this section requires at least 20 percent, but not less than two, of the picnic units to provide mobility features.

F245.2.3 Alterations and Additions

This section requires picnic units that are altered or added to provide mobility features until the number of picnic units with mobility features in the picnic facility meets the minimum number required in F245.2.1 or F245.2.2.

Where an entity is implementing a transition plan for program accessibility developed pursuant to regulations issued under section 504 of the Rehabilitation Act that designates specific picnic units to provide mobility features, an exception permits the entity to not provide accessible elements when altering individual elements within picnic units that are not designated to provide mobility features. When all the elements within a picnic unit are altered, the altered picnic unit is required to provide mobility features until the minimum number of picnic units with mobility features required in F245.2.1 or F245.2.2 is met.

F245.2.4 Dispersion

This section requires picnic units with mobility features to provide choices of picnic units comparable to, and integrated with, those available to others.

F245.2.5 Elements within Picnic Units with Mobility Features

This section contains the scoping requirements for elements within picnic units required to provide mobility features, including outdoor constructed features (F244.2.5.1) and parking spaces (F244.2.5.2). Where these elements are provided within a picnic unit, at least one of each type of element is required to comply with the applicable technical requirements for the element. Where more than one of the same element is provided within a picnic unit (e.g., picnic tables, grills), at least two of the same type of element are required to comply with the applicable technical requirements for the element.

F245.3 Outdoor Constructed Features in Common Use and Public Use Areas

This section contains the scoping requirements for outdoor constructed features provided in common use and public use areas that serve picnic units with mobility features. At least 20 percent, but not less than one, of each type of outdoor constructed feature provided at each location is required to comply with the applicable technical requirements in 1011.

F245.4 Outdoor Recreation Access Routes

This section contains the scoping requirements for outdoor recreation access routes within picnic facilities, which are discussed below.

F245.4.1 Routes within Picnic Units with Mobility Features

This section requires at least one outdoor recreation access route to connect accessible elements, spaces, and facilities provided within picnic units with mobility features.

F245.4.2 Routes to and within Common Use and Public Use Areas

This section requires at least one outdoor recreation access route to connect each picnic unit with mobility features with common use and public use areas serving the unit; and at least one outdoor recreation access route to connect accessible elements, spaces, and facilities provided within common use and public use areas serving picnic units with mobility features.

F245.4.3 Routes to Adjacent Recreation Facilities

Where a circulation path connects picnic facilities and adjacent recreation facilities, this section requires at least one outdoor recreation access route to connect picnic units with mobility features to an accessible route serving the adjacent recreation facilities. The section does not modify the scoping requirements for accessible routes in F206 of the Architectural Barriers Act Accessibility Guidelines that apply to recreation facilities.

F245.4.4 Location

This section requires outdoor recreation access routes to coincide with or be located in the same general area as general circulation paths. Where a vehicular way serves as the general circulation path for pedestrians at a picnic facility, the outdoor recreation access route can be provided within the vehicular way.

F246 Viewing Areas

F246.1 General

This section contains the scoping requirements for viewing areas, other than viewing areas on trails. The scoping requirements for viewing areas on trails are contained in F247.4.3. The term viewing area is defined in F106.5 as an outdoor space developed for viewing a landscape, wildlife, or other points of interest.

F246.2 Distinct Viewing Locations

This section requires each distinct viewing location within a viewing area to comply with the technical requirements for viewing areas in 1015. Viewing areas can provide more than one distinct viewing location. For example, a viewing area can provide a distinct viewing location for observing a mountain range, and another distinct viewing location for observing a river. Distinct viewing locations within a viewing area can be designated by signs or other markers.

F246.3 Outdoor Constructed Features

This section requires at least 20 percent, but not less than one, of each type of outdoor constructed feature provided within viewing areas to comply with the applicable technical requirements in 1011.

F246.4 Outdoor Recreation Access Routes

This section requires at least one outdoor recreation access route to connect accessible parking spaces or other site arrival points serving the viewing area with accessible elements, spaces, and facilities provided within the viewing area.

F247 Trails

F247.1 General

This section contains the scoping requirements for trails. The terms trail and trailhead are defined in F106.5. A trail is a pedestrian route developed primarily for outdoor recreational purposes. A pedestrian route developed primarily to connect elements, spaces, and facilities within a site is not a trail. A trailhead is an outdoor space that is designated by an entity responsible for administering or maintaining a trail to serve as an access point to the trail. The junction of two or more trails or the undeveloped junction of a trail and a road is not a trailhead.

Where a trail is designed for use by hikers or pedestrians and directly connects to a trailhead or another trail that substantially meets the technical requirements for trails in 1017, the section requires the trail to comply with the technical requirements for trails in 1017. The Federal Trail Data Standards classify trails by their designed use and managed use.⁸ A trail has only one designed use that determines the design, construction, and maintenance parameters for the trail. A trail can have more than one managed use based on a management decision to allow other uses on the trails. Trails that have a designed use for hikers or pedestrians are required to comply with the technical requirements for trails in 1017. Trails that have a designed use for other than hikers or pedestrians are not required to comply with the technical requirements for trails in 1017.

A trail system may include a series of connecting trails. Only trails that directly connect to a trailhead or another trail that substantially meets the technical requirement for trails in 1017 are required to comply with the technical requirements for trails in 1017.

F247.2 Existing Trails

Where the original design, function, or purpose of an existing trail is changed and the altered portion of the trail directly connects to a trailhead or another trail that substantially meets the technical requirements for trails in 1017, this section requires the altered portion of the trail to comply with the technical requirements for trails in 1017. Routine or periodic maintenance activities that are performed to return an existing trail to the condition to which the trail was originally designed are not required to comply with the technical requirements for trails in 1017.

F247.3 Trailheads

This section requires at least 20 percent, but not less than one, of each type of outdoor constructed feature provided within trailheads to comply with the applicable technical requirements in 1011. The section also requires at least one outdoor recreation access route to connect accessible parking spaces or other site arrival points serving the trailhead; the starting point of the trail; and accessible elements, spaces, and facilities provided within the trailhead.

F247.4 Trail Facilities

This section requires camping facilities, picnic facilities, and viewing areas provided on trails to comply with the applicable scoping requirements for the facilities in F244 through F246, except for the scoping requirements for outdoor recreation access routes. The facilities are required to comply with the applicable scoping requirements regardless of whether the trail complies with the technical requirements for trails in 1017.

The section requires routes that connect trails complying with the technical requirements for trails in 1017 to camping facilities, picnic facilities, viewing areas, pit toilets, and accessible elements within the facilities to comply with the technical requirements for trails in 1017. Routes that connect trails that do not comply with the technical requirements for trails in 1017 to these facilities and accessible elements provided within the facilities are not required to comply with the technical requirements for trails in 1017.

F247.5 Outdoor Constructed Features

This section requires at least 20 percent, but not less than one, of each type of outdoor constructed feature provided at each location on trails, other than within facilities provided on trails, to comply with the applicable technical requirements in 1011.

F248 Beach Access Routes

F248.1 General

This section contains the scoping requirements for beach access routes. Where the entity that administers or manages a beach constructs or alters circulation paths, parking facilities, toilet facilities, or bathing facilities to serve the beach or undertakes a beach nourishment project, the section requires the entity to provide beach access routes. The entity is not required to expend more than 20 percent of the costs to construct or alter the facilities serving the beach or the beach nourishment project to provide beach access routes. Beach access routes can be permanent or removable. Removable beach access routes can be moved to a protected storage area during storms and other periods when the routes are subject to damage or loss. Beach access routes are not required where pedestrian access to the beach is not permitted.

F248.2 Minimum Number

This section requires at least one beach access route to be provided for each 1/2 mile of beach shoreline administered or managed by the entity. The number of beach access routes is not required to exceed the number of pedestrian access points provided by the entity to the beach. Pedestrian access points to a beach include parking facilities that serve beaches, dune crossings, and stairways or ramps leading from boardwalks to the beach.

F248.3 Location

This section requires beach access routes to coincide with or be located in the same general area as pedestrian access points to the beach.

Appendix D to 36 CFR part 1191 – Technical

Chapter 10: Recreation Facilities

The final rule adds technical requirements to Chapter 10 for outdoor constructed features (1011); parking spaces within camping units and picnic units and pull-up spaces at dump stations (1012); tent pads and tent platforms (1013); camp shelters (1014); viewing areas (1015); outdoor recreation access routes (1016); trails (1017); and beach access routes (1018). The final rule also adds the conditions for using the exceptions to the specific provisions in these technical requirements at 1019.

1011 Outdoor Constructed Features

1011.1 General

This section contains the technical requirements for outdoor constructed features provided within camping facilities, picnic facilities, viewing areas, and trailheads or on trails. All outdoor constructed features are required to comply with the provisions for clear ground space (1011.2) and operable parts (1011.3). The section includes specific provisions for picnic tables (1011.4); fire rings, grills, fireplaces, and woodstoves (1011.5); water spouts at water hydrants and water utility hook-ups (1011.6); outdoor rinsing showers (1011.7); and viewing scopes (1011.8).

1011.2 Clear Ground Space

This section requires a clear ground space to be provided at outdoor constructed features and includes specific provisions for the size and location (1011.2.1), surface (1011.2.2), slope (1011.2.3), and openings (1011.2.4).

1011.2.1 Size and Location

This section specifies the size and location of the clear ground space at outdoor constructed features. The size of the clear ground space is based on the dimensions for maneuvering clearance at clear floor or ground spaces that are confined on all or part of three sides in 305.7 of the Architectural Barriers Act Accessibility Guidelines. Outdoor constructed features can be confined on all or part of three sides by surfaces that are not firm and stable or that have changes in level. The dimensions for maneuvering clearance at clear floor or ground spaces that are confined on all or part of three sides in 305.7 of the Architectural Barriers Act Accessibility Guidelines provide additional space for maneuvering into and out of the space: 36 inches minimum by 48 inches minimum for a forward approach, and 30 inches minimum by 60 inches minimum for a parallel approach. At water hydrants, a clear ground space for a forward approach is required on each side of the water hydrant to enable individuals with disabilities to operate the water hydrant from their right side or left side. At rinsing showers, the size of the clear ground space is based on the dimensions for turning space in 304.3.1 of the Architectural Barriers Act Accessibility Guidelines to enable individuals with disabilities to turn in the space.

At picnic tables, fire rings, grills, fireplaces, and woodstoves, a clear ground space is required on all usable sides of the element. The usable sides of these elements are the sides that can be used for eating or serving food, building a fire, or cooking. All sides of picnic tables are generally usable, unless the picnic table is placed against a rock or tree that renders the side against the rock or tree not usable. All sides of fire rings and grills are generally usable, unless there is a wall or other structure on a side that renders the side not usable. The front sides of fireplaces and woodstoves are generally the usable side.

1011.2.2 Surface

This section requires the surface of the clear ground space to be firm and stable.

1011.2.3 Slope

This section requires the slope of the clear ground space to not be steeper than 1:48 in any direction. Where the surface is other than asphalt, concrete, or boards, slopes not steeper than 1:20 are permitted when necessary for drainage.

1011.2.4 Openings

This section requires openings in the clear ground space such as drainage grates to not allow passage of a sphere more than 1/2 inch in diameter. Where possible, drainage grates should be located outside of the clear ground space. Elongated openings should be placed so that the long dimension is perpendicular, or as close to perpendicular as possible, to the dominant direction of travel.

1011.3 Operable Parts

This section requires operable parts of outdoor constructed features to comply with the technical requirements for the height of operable parts in 309.3 of the Architectural Barriers Act Accessibility Guidelines, which require operable parts to be placed within the reach ranges specified in 308 of the Architectural Barriers Act Accessibility Guidelines; and the technical requirements for operation in 309.4 of the Architectural Barriers Act Accessibility Guidelines, which require operable parts to be operable with one hand without tight grasping, pinching, or twisting of the wrist and with not more than 5 pounds force.

Four exceptions are provided. Exception 1 requires fire rings, grills, fireplaces, wood stoves, water hydrants, and water utility hook-ups to comply with the technical requirements for operation in 309.4 of the Architectural Barriers Act Accessibility Guidelines to the extent practicable. Exception 2 requires trash and recycling receptacles with hinged lids and controls to keep out large animals to comply with the technical requirements for operation in 309.4 of the Architectural Barriers Act Accessibility Guidelines to the extent practicable. Exception 3 exempts dumpster type trash and recycling receptacles from complying with the technical requirements for the height of operable parts in 309.3 of the Architectural Barriers Act Accessibility Guidelines and the technical requirements for operation in 309.4 of the Architectural Barriers Act Accessibility Guidelines. Exception 4 exempts sewage hatches from complying with the technical requirements for the height of operable parts in 309.3 of the Architectural Barriers Act Accessibility Guidelines and the technical requirements for operation in 309.4 of the Architectural Barriers Act Accessibility Guidelines.

New products may be developed with operable parts that comply with the technical requirements for operation in 309.4 of the Architectural Barriers Act Accessibility Guidelines. As products that comply with the technical requirements for operation in 309.4 of the Architectural Barriers Act Accessibility Guidelines become available, entities should provide these products to enable individuals with disabilities to operate them.

1011.4 Picnic Tables

This section requires picnic tables to comply with the technical requirements for dining surfaces in 902.3 of the Architectural Barriers Act Accessibility Guidelines, which requires the tops of dining surfaces to be 28 inches minimum and 34 inches maximum above the ground. The section also requires at least one wheelchair space to be provided for each 24 linear feet of usable picnic table surface perimeter. Wheelchair spaces are required to be 30 inches minimum by 48 inches minimum; be positioned for a forward approach to the table; and provide knee and toe clearance complying with 306 of the Architectural Barriers Act Accessibility Guidelines under the table.

1011.5 Fire Rings, Grills, Fireplaces, and Wood Stoves

This section requires fire building surfaces to be 9 inches minimum above the ground, and cooking surfaces to be 15 inches minimum and 34 inches maximum above the ground. Where fire rings, grills, or fireplaces are constructed with raised edges or walls, the depth of the raised edge or wall is required to be 10 inches maximum. Fire rings with double walls or insulation on the sides are recommended to prevent burns.

1011.6 Water Spouts

This section requires water spouts at water hydrants and water utility hook-ups to be 28 inches minimum and 36 inches maximum above the ground.

1011.7 Outdoor Rinsing Showers

This section requires outdoor rinsing showers to provide at least one hand-held shower spray unit with a hose 59 inches long minimum. The hand-held shower spray unit is required to have at least one fixed position located 15 inches minimum and 48 inches maximum above the ground. Where vandalism is a consideration, a fixed shower head located 48 inches above the ground is permitted in place of a hand-held shower spray unit.

1011.8 Viewing Scopes

This section requires eyepieces on viewing scopes to be 43 inches minimum and 51 inches maximum above the ground.

1012 Parking Spaces Within Camping Units and Picnic Units and Pull-Up Spaces at Dump Stations

1012.1 General

This section contains the technical requirements for parking spaces provided within camping units and picnic units with mobility features and pull-up spaces for recreational vehicles at dump stations. The technical requirements address the width of parking spaces and pull-up spaces for recreational vehicles (1012.2); the width of parking spaces for vehicles, other than recreational vehicles (1012.3); and the surface (1012.4) and slope (1012.5) of parking spaces and pull-up spaces.

1012.2 Recreational Vehicles

This section requires parking spaces and pull-up spaces for recreational vehicles to be 20 feet wide minimum to accommodate recreational vehicles equipped with a lift. Recreational vehicles are typically 8 feet wide. Recreational vehicles equipped with a lift need an additional 8 feet of space on the passenger’s side to deploy the lift and for individuals who use wheeled mobility devices to maneuver onto and off of the lift. Utility hook-ups for recreational vehicles are typically located on the driver’s side of the vehicle. An additional 4 feet of space is needed on the driver’s side for individuals who use wheeled mobility devices to access the utility hook-ups. Where two adjacent parking 41 spaces are provided for recreational vehicles, one of the parking spaces is permitted to be 16 feet wide minimum.

1012.3 Other Vehicles

This section requires parking spaces for vehicles, other than recreational vehicles, to be 16 feet wide minimum to accommodate vans equipped with a lift or ramp. Where two adjacent parking spaces are provided for vehicles, other than recreational vehicles, one of the parking spaces is permitted to be 8 feet wide minimum.

1012.4 Surface

This section requires the surface of parking spaces and pull-up spaces to be firm and stable.

1012.5 Slope

This section requires the slope of the surface of parking spaces and pull-up spaces to not be steeper than 1:48 in any direction. Where the surface is other than asphalt, concrete, or boards, slopes not steeper than 1:20 are permitted when necessary for drainage.

1013 Tent Pads & Tent Platforms

1013.1 General

This section contains the technical requirements for tent pads and tent platforms provided within camping units with mobility features. Tent pads and tent platforms are defined spaces with prepared surfaces for setting up and securing tents. The technical requirements address the clear ground space around tent pads and tent platforms (1013.2); the slope of tent pads, tent platforms, and clear ground spaces (1013.2); and the height of tent platforms (1013.4). When an entity determines that a condition in 1019 does not permit full compliance with a specific provision in 1013, the tent pad or tent platform is permitted to comply with the provision to the extent practicable.

1013.2 Clear Ground Space

This section requires a clear ground space 4 feet wide minimum to be provided on all usable sides of tent pads and tent platforms to enable individuals who use wheeled mobility devices to set up and take down the tent. The usable sides of tent pads and tent platforms are the sides that can be used when setting up and taking down a tent. All sides of tent pads and tent platforms are generally usable, unless a tent pad or tent platform is located next to a natural feature such as a rock or tree that renders a side not usable. This section also requires the surface of the clear ground space to be firm and stable and to allow the use of tent stakes or other tent securement devices.

1013.3 Slope

This section requires the slope of the surface of tent pads, tent platforms, and clear ground spaces to not be steeper than 1:48 in any direction. Where the surface is other than asphalt, concrete, or boards, slopes not steeper than 1:20 are permitted when necessary for drainage.

1013.4 Height

This section requires tent platforms to be 19 inches high maximum measured from the clear ground space to the tent platform surface.

1014 Camp Shelters

1014.1 General

This section contains the technical requirements for camp shelters with mobility features. The technical requirements address the entrance to camp shelters (1014.2), including transfer access (1014.2.1) and roll-in access (1014.2.2); and the floor within camp shelters (1014.3).

Two exceptions are provided. When an entity determines that a condition in 1019 does not permit full compliance with a specific provision in 1014, Exception 1 permits the camp shelter to comply with the provision to the extent practicable. Exception 2 does not require camp shelters to comply with the technical requirements for protruding objects in 307 of the Architectural Barriers Act Accessibility Guidelines.

1014.2 Entrance

This section requires camp shelters to provide either transfer access or roll-in access at the entrance to the camp shelter.

1014.2.1 Transfer Access

Where transfer access is provided, this section requires a clear ground space 36 inches minimum by 48 inches minimum positioned for a parallel approach to be provided at the entrance to the camp shelter, and one full unobstructed side of the clear ground space to adjoin or overlap an outdoor recreation access route or trail, as applicable, or another clear ground space. The surface of the clear ground space is required to be firm and stable, and to slope not steeper than 1:48 in any direction. Where the surface is other than asphalt, concrete, or boards, slopes not steeper than 1:20 are permitted when necessary for drainage. The camp shelter floor at the entrance is required to be 19 inches high maximum measured from the clear ground space. These requirements enable individuals who use wheeled mobility devices to transfer from their mobility device to the shelter floor

1014.2.2 Roll-in Access

Where roll-in access is provided, this section requires a level or sloped entry route complying with the technical requirements for outdoor recreation access routes in 1016 or trails in 1017, as applicable, at the entrance to the camp shelter. The section also requires a turning space complying with 304.3 of the Architectural Barriers Act Accessibility Guidelines to be provided within the camp shelter. These requirements enable individuals who use wheeled mobility devices to enter the shelter in their mobility device.

1014.3 Floor

This section requires the floor surface within camp shelters to be firm and stable and to slope not steeper than 1:48 in any direction. Where the floor surface is other than asphalt, concrete, or boards, slopes not steeper than 1:20 are permitted when necessary for drainage.

1015 Viewing Areas

1015.1 General

This section contains the technical requirements for viewing areas. The technical requirements address the clear ground space (1015.2) and viewing space (1015.3) at distinct viewing locations; the turning space within viewing areas (1015.4); and the surface (1015.5) and slope (1015.6) of the clear ground space and turning space. In alterations, when an entity determines that a condition in 1019 does not permit full compliance with a specific provision in 1015, the viewing area is permitted to comply with the provision to the extent practicable.

1015.2 Clear Ground Space

This section requires a clear ground space 36 inches minimum by 48 inches minimum positioned for either a forward or parallel approach to be provided at each distinct viewing location, and one full unobstructed side of the clear ground space to adjoin or overlap an outdoor recreation access route or trail, as applicable, or another clear ground space.

1015.3 Viewing Space

This section requires each distinct viewing location to provide a viewing space adjacent to the clear ground space required by 1015.2 through which the point of interest is viewable. The viewing space is required to be 32 inches maximum and 51 inches minimum high above the ground and extend the full width of the clear ground space. Guards or similar safety barriers are permitted to obstruct the viewing space to the extent the obstruction is necessary for the guard or safety barrier to serve its intended purpose.

1015.4 Turning Space

This section requires a turning space complying with 304.3 of the Architectural Barriers Act Accessibility Guidelines to be provided within the viewing area.

1015.5 Surface

This section requires the surface of the clear ground space and turning space to be firm and stable.

1015.6 Slope

This section requires the slope of the surface of the clear ground space and turning space to not be steeper than 1:48 in any direction. Where the surface is other than asphalt, concrete, or boards, slopes not steeper than 1:20 are permitted when necessary for drainage.

1016 Outdoor Recreation Access Routes

1016.1 General

This section contains the technical requirements for outdoor recreation access routes. The technical requirements address the surface of outdoor recreation access routes, passing spaces, and resting intervals (1016.2); the clear width of outdoor recreation access routes (1016.3); passing spaces (1016.4); obstacles (1016.5); openings (1016.6); slopes, including running slope (1016.7.1) and cross slope (1016.7.2); resting intervals (1016.8); and protruding objects (1016.9).

Three exceptions are provided. Exception 1 applies to alterations of existing camping facilities, picnic facilities, and trailheads. Exception 2 applies to new construction and alterations of viewing areas. When an entity determines that a condition in 1019 does not permit full compliance with a specific provision in 1016 on a portion of an outdoor recreation access route, Exceptions 1 and 2 permit the portion of the outdoor recreation access route to comply with the provision to the extent practicable. Exception 3 exempts outdoor recreation access routes that are provided within vehicular ways from complying with the technical requirements for passing spaces (1016.4); running slope (1016.7.1) and cross slope (1016.7.2); and resting intervals (1016.8).

1016.2 Surface

This section requires the surface of outdoor recreation access routes, passing spaces, and resting intervals to be firm and stable.

1016.3 Clear Width

This section requires the clear width of outdoor recreation access routes to be 36 inches minimum.

1016.4 Passing Spaces

This section requires passing spaces to be provided at intervals of 200 feet maximum where the clear width of outdoor recreation access routes is less than 60 inches. Entities should consider providing either 60 inches minimum clear width on outdoor recreation access routes or passing spaces at shorter intervals where the route is heavily used or adjoins elements, spaces, or facilities that are heavily used; or where the route is a boardwalk or otherwise not at the same level as the adjoining ground surface.

Passing spaces are required to be:

• A space 60 inches minimum by 60 inches minimum; or

• The intersection of two outdoor recreation access routes providing a T-shaped space complying with 304.3.2 of the Architectural Barriers Act Accessibility Guidelines where the base and the arms of the T-shaped space extend 48 inches minimum beyond the intersection.

Where the intersection of two outdoor recreation access routes serves as a passing space, the vertical alignment of the routes at the intersection that form the T-shaped space is required to be nominally planar (i.e., as flat as possible) so that all the wheels of a mobility device touch the ground when turning into and out of the passing space.

Passing spaces and resting intervals are permitted to overlap. Where passing spaces and resting intervals overlap, the technical requirements for resting intervals in 1016.8.3 require the slope of the surface to not be steeper than 1:48 in any direction. Where the surface is other than asphalt, concrete, or boards, slopes not steeper than 1:20 are permitted when necessary for drainage. Otherwise, passing space surfaces have the same slopes as the adjoining outdoor recreation access route.

1016.5 Obstacles

This section contains technical requirements for obstacles on outdoor recreation access routes, passing spaces, and resting intervals. The vertical alignment of joints in concrete, asphalt, or board surfaces on outdoor recreation access routes can be obstacles. Natural features such as tree roots and rocks on outdoor recreation access routes also can be obstacles. Where an outdoor recreation access route is provided within a vehicular way, traffic calming devices can be obstacles. This section requires obstacles to not exceed 1/2 inch in height measured vertically to the highest point. Where the surface is other than concrete, asphalt, or boards, obstacles are permitted to not exceed 1 inch in height measured vertically to the highest point.

The frequency of obstacles and obstacles that cross the full width of outdoor recreation access routes can make travel difficult for individuals who use wheeled mobility devices. Where possible, obstacles that cross the full width of outdoor recreation access routes should be separated by 48 inches minimum so individuals who use wheeled mobility devices can cross the obstacle before confronting another obstacle.

1016.6 Openings

This section requires openings in the surface of outdoor recreation access routes, passing spaces, and resting intervals such as spaces between the boards in a boardwalk and drainage grates to not allow passage of a sphere more than 1/2 inch in diameter. Where possible, drainage grates should be located outside the minimum clear width of the recreation access route. Elongated openings should be placed so that the long dimension is perpendicular, or as close to perpendicular as possible, to the dominant direction of travel.

1016.7 Slopes

This section contains technical requirements for the maximum running slope and segment length (1016.7.1) and cross slope (1016.7.2) of outdoor recreation access routes.

1016.7.1 Maximum Running Slope and Segment Length

This section requires the running slope of any segment of an outdoor recreation access route to not be steeper than 1:10 (10%). Where the running slope of a segment of an outdoor recreation access route is steeper than 1:20 (5%), the maximum length of the segment is specified in Table 1016.7.1, and a resting interval is required at the top and bottom of each segment. Gradual running slopes are more useable by individuals with disabilities. Where the terrain results in steeper running slopes, resting intervals are required more frequently. Where running slopes are less severe, resting intervals are permitted to be further apart.

1016.7.2 Cross Slope

This section requires the cross slope of outdoor recreation access routes to not be steeper than 1:48. Where the surface is other than asphalt, concrete, or boards, cross slopes not steeper than 1:20 are permitted when necessary for drainage.

1016.8 Resting Intervals

This section contains the technical requirements for the length (1016.8.1), width (1016.8.2), and slope (1016.8.3) of resting intervals; and for a turning space (1016.8.4) where resting intervals are provided adjacent to an outdoor recreation access route.

1016.8.1 Length

This section requires resting intervals to be 60 inches long minimum.

1016.8.2 Width

This section requires resting intervals that are provided within an outdoor recreation access route to be at least as wide as the widest segment of the outdoor recreation access route leading to the resting interval. Resting intervals that are provided adjacent to an outdoor recreation access route are required to be 36 inches wide minimum.

1016.8.3 Slope

This section requires the slope of resting intervals to not be steeper than 1:48 in any direction. Where the surface is other than asphalt, concrete, or boards, slopes not steeper than 1:20 are permitted when necessary for drainage.

1016.8.4 Turning Space

This section requires a turning space complying with 304.2.3 of the Architectural Barriers Act Accessibility Guidelines where resting intervals are provided adjacent to an outdoor recreation access route. The vertical alignment of the outdoor recreation access route, turning space, and resting interval is required to be nominally planar (i.e., as flat as possible) so that all the wheels of a mobility device touch the ground when turning into and out of the resting interval.

1016.9 Protruding Objects

This section requires constructed elements on outdoor recreation access routes, resting intervals, and passing spaces to comply with the technical requirements for protruding objects in 307 of the Architectural Barriers Act Accessibility Guidelines. Protruding objects can be hazardous for individuals who are blind or have low vision. Signs and other post mounted objects are examples of constructed elements that can be protruding objects. Natural elements such as tree branches are not required to comply with the technical requirements for protruding objects in 307 of the Architectural Barriers Act Accessibility Guidelines. However, entities should maintain the vertical clearance along outdoor recreation access routes, resting intervals, and passing spaces free from tree branches for 80 inches high minimum above the ground.

1017 Trails

1017.1 General

This section contains the technical requirements for trails. The technical requirements address the surface of the trails, passing spaces, and resting intervals (1017.2); the clear tread width of trails (1017.3); passing spaces (1017.4); tread obstacles (1017.5); openings (1017.6); slopes, including running slope (1017.7.1) and cross slope (1017.7.2); resting intervals (1017.8); protruding objects (1017.9); and trailhead signs (1017.10).

Two exceptions are provided. When an entity determines that a condition in 1019 does not permit full compliance with a specific provision in 1017 on a portion of a trail, Exception 1 permits the portion of trail to comply with the provision to the extent practicable. When an entity determines that it is impracticable for the entire trail to comply with the technical requirements in 1017, Exception 2 exempts the entire trail from complying with the requirements. This determination is made after the entity applies Exception 1 to portions of the trail. The entity should consider the portions of the trail that can and cannot fully comply with the specific provisions in 1017 and the extent of compliance where full compliance cannot be achieved when determining whether it would be impracticable for the entire trail to comply with the technical requirements in 1017. As discussed under F201.4.1, federal agencies are required to document the basis for their determination when using Exceptions 1 or 2, and are required notify us when using Exception 2.

1017.2 Surface

This section requires the surface of trails, passing spaces, and resting intervals to be firm and stable. A firm trail surface resists deformation by indentations. A stable trail surface is not permanently affected by expected weather conditions and can sustain normal wear and tear from the expected uses between planned maintenance.

1017.3 Clear Tread Width

This section requires the clear tread width of trails to be 36 inches minimum. The 36 inches minimum clear tread width is to be maintained for the entire distance of the trail and may not be reduced by gates, barriers, or other obstacles unless an entity determines under Exception 1 to 1017.1 that a condition in 1019 does not permit full compliance with the provision.

Where gates and barriers require wheelchair users to make 90 degree or 180 degree turns, sufficient space should be provided for wheelchair users to make the turns. We and National Institute on Disability and Rehabilitation Research sponsored research to collect anthropometric data from a sample of about 500 individuals who use manual wheelchairs, power wheelchairs, and scooters. The research is known as the Anthropometry of Wheeled Mobility Project and was conducted by the Center for Inclusive Design and Environmental Access in the School of Architecture and Planning, University at Buffalo, The State University of New York. The reports on the Anthropometry of Wheeled Mobility Project are available at: http://www.udeworld.com/anthropometrics.html. The reports provide data on turning spaces for manual wheelchairs, power wheelchairs, and scooters.

1017.4 Passing Spaces

This section requires passing spaces to be provided at intervals of 1000 feet maximum where the clear tread width of trails is less than 60 inches. Entities should consider providing either 60 inches minimum clear tread width on trails or passing spaces at shorter intervals where the trail is heavily used or where the trail is a boardwalk or otherwise not at the same level as the adjoining ground surface. Where the full length of a trail does not fully comply with the technical requirements in 1017, a passing space is required to be located at the end of the trail segment that fully complies with the technical requirements 1017 to enable individuals who use wheeled mobility devices to turn and exit the trail.

Passing spaces are required to be:

• A space 60 inches minimum by 60 inches minimum; or

• The intersection of two trails providing a T-shaped space complying with 304.3.2 of the Architectural Barriers Act Accessibility Guidelines where the base and the arms of the T-shaped space extend 48 inches minimum beyond the intersection.

Where the intersection of two trails serves as a passing space, the vertical alignment of the trails at the intersection that form the T-shaped space is required to be nominally planar (i.e., as flat as possible) so that all the wheels of a mobility device touch the ground when turning into and out of the passing space.

Passing spaces and resting intervals are permitted to overlap. Where passing spaces and resting intervals overlap, the technical requirements for resting intervals in 1017.8.3 require the slope of the surface to not be steeper than 1:48 in any direction. Where the surface is other than asphalt, concrete, or boards, slopes not steeper than 1:20 are permitted when necessary for drainage. Otherwise, passing space surfaces have the same slopes as the adjoining trail tread.

1017.5 Tread Obstacles

This section contains technical requirements for tread obstacles on trails, passing spaces, and resting intervals. The vertical alignment of joints in concrete, asphalt, or board surfaces on trails can be tread obstacles. Natural features such as tree roots and rocks within the trail tread also can be obstacles. This section requires obstacles to not exceed 1/2 inch in height measured vertically to the highest point. Where the surface is other than concrete, asphalt, or boards, obstacles are permitted to not exceed 2 inches in height measured vertically to the highest point.

The frequency of tread obstacles and tread obstacles that cross the full width of the trail tread can make travel difficult for individuals who use wheeled mobility devices. Where possible, tread obstacles that cross the full width of the trail tread should be separated by 48 inches minimum so individuals who use wheeled mobility devices can cross the obstacle before confronting another obstacle.

1017.6 Openings

This section requires openings in the surface of trails, passing spaces, and resting intervals such as spaces between the boards in a boardwalk to not allow passage of a sphere more than 1/2 inch in diameter. Elongated openings should be placed so that the long dimension is perpendicular, or as close to perpendicular as possible, to the dominant direction of travel.

1017.7 Slopes

This section contains technical requirements for the maximum running slope and segment length (1017.7.1) and cross slope (1017.7.2) of trails.

1017.7.1 Maximum Running Slope and Segment Length

This section requires that not more than 30 percent of the total length of a trail have a running slope steeper than 1:12 (8.33%), and that the running slope of any segment of a trail not be steeper than 1:8 (12%). Where the running slope of a segment a trail is steeper than 1:20 (5%), the maximum length of the segment is specified in Table 1017.7.1, and a resting interval is required at the top and bottom of each segment. Gradual running slopes are more useable by individuals with disabilities. Where the terrain results in steeper running slopes, resting intervals are required more frequently. Where running slopes are less severe, resting intervals are permitted to be further apart.

1017.7.2 Cross Slope

This section requires the cross slope of trails to not be steeper than 1:48. Where the surface is other than asphalt, concrete, or boards, cross slopes not steeper than 1:20 are permitted when necessary for drainage.

1017.8 Resting Intervals

This section contains the technical requirements for the length (1017.8.1), width (1017.8.2), and slope (1017.8.3) of resting intervals; and for a turning space (1017.8.4) where resting intervals are provided adjacent to a trail.

1017.8.1 Length

This section requires resting intervals to be 60 inches long minimum.

1017.8.2 Width

This section requires resting intervals that are provided within the trail tread to be at least as wide as the widest segment of the trail tread leading to the resting interval. Resting intervals that are provided adjacent to the trail tread are required to be 36 inches wide minimum.

1017.8.3 Slope

This section requires the slope of resting intervals to not be steeper than 1:48 in any direction. Where the surface is other than asphalt, concrete, or boards, slopes not steeper than 1:20 are permitted when necessary for drainage.

1017.8.4 Turning Space

This section requires a turning space complying with 304.2.3 of the Architectural Barriers Act Accessibility Guidelines where resting intervals are provided adjacent to the trail tread. The vertical alignment of the trail tread, turning space, and resting interval is required to be nominally planar (i.e., as flat as possible) so that all the wheels of a mobility device touch the ground when turning in and out of the resting interval.

1017.9 Protruding Objects

This section requires constructed elements on trails, resting intervals, and passing spaces to comply with the technical requirements for protruding objects in 307 of the Architectural Barriers Act Accessibility Guidelines. Protruding objects can be hazardous for individuals who are blind or have low vision. Signs and other post mounted objects are examples of constructed elements that can be protruding objects. Natural elements such as tree branches are not required to comply with the technical requirements for protruding objects in 307 of the Architectural Barriers Act Accessibility Guidelines. However, entities should maintain the vertical clearance along the trail tread, resting intervals, and passing spaces free from tree branches for 80 inches high minimum above the ground.

1017.10 Trailhead Signs

This section requires trail information signs at trailheads to include information on the length of the trail or trail segment; surface type; typical and minimum tread width; typical and maximum running slope; and typical and maximum cross slope. This information enables individuals with disabilities to decide whether to hike the trail based on the characteristics of the trail. Entities also should provide information about the accessibility of trails on websites.

1018 Beach Access Routes

1018.1 General

This section contains the technical requirements for beach access routes. The technical requirements address connections (1018.2); surface (1018.3); clear width (1018.4); obstacles (1018.5); openings (1018.6); slopes, including running slope (1018.7.1) and cross slope (1018.7.2); resting intervals (1018.8); protruding objects (1018.9); and dune crossings (1018.10).

Three exceptions are provided. When an entity determines that a condition in 1019 does not permit full compliance with a specific provision in 1018 on a portion of a beach access route, Exception 1 permits the portion of route to comply with the provision to the extent practicable. When an entity determines that it is impracticable to provide a beach access route complying with the technical requirements in 1018, Exception 2 does not require a beach access route. This determination is made after the entity applies Exception 1 to portions of the route. The entity should consider the portions of the beach access route that can and cannot fully comply with the specific provisions in 1018 and the extent of compliance where full compliance cannot be achieved when determining whether it would be impracticable to provide a beach access route complying with the technical requirements in 1018. Exception 3 exempts removable beach access routes from complying with the technical requirements for running slope (1018.7.1) and cross slope (1018.7.2); resting intervals (1018.8); and dune crossings (1018.10). As discussed under F201.4.1, federal agencies are required to document the basis for their determination when using Exceptions 1 or 2, and are required to notify us when using Exception 2.

1018.2 Connections

This section requires beach access routes to connect an entry point to the beach to the high tide level at tidal beaches; mean high water level at river beaches; and normal recreation water level at lake, pond, and reservoir beaches.

1018.3 Surface

This section requires the surface of beach access routes and resting intervals to be firm and stable.

1018.4 Clear Width

This section requires the clear width of beach access routes to be 60 inches minimum to enable individuals who use wheeled mobility devices to pass beach visitors traveling in the opposite direction. An exception permits the clear width of beach access routes that are not removable to be reduced to 48 inches minimum at dune crossings.

Where gates or barriers are installed to control access to beaches, the gates or barriers should permit the passage of beach wheelchairs. Beach wheelchairs have large, wide wheels that can roll across sand without sinking. Gates or barriers that have clear openings at least 48 inches wide will accommodate most beach wheelchairs.

1018.5 Obstacles

This section contains technical requirements for obstacles on beach access routes and resting intervals. The vertical alignment of boards on a beach access route or removable sections of a beach access route can be obstacles. This section requires obstacles to not exceed 1/2 inch in height measured vertically to the highest point. Where the surface is other than concrete, asphalt, or boards, obstacles are permitted to not exceed 1 inch in height measured vertically to the highest point.

1018.6 Openings

This section requires openings in the surface of beach access routes and resting intervals such as spaces between boards to not allow passage of a sphere more than 1/2 inch in diameter. Elongated openings should be placed so that the long dimension is perpendicular, or as close to perpendicular as possible, to the dominant direction of travel.

This section contains technical requirements for the maximum running slope and segment length (1018.7.1) and cross slope (1018.7.2) of beach access routes.

1018.7.1 Maximum Running Slope and Segment Length

This section requires that the running slope of any segment of a beach access route not be steeper than 1:10 (10%). Where the running slope of a segment a beach access route is steeper than 1:20 (5%), the maximum length of the segment is specified in Table 1018.7.1, and a resting interval is required at the top and bottom of each segment. Gradual running slopes are more useable by individuals with disabilities. Where the terrain results in steeper running slopes, resting intervals are required more frequently. Where running slopes are less severe, resting intervals are permitted to be further apart.

1018.7.2 Cross Slope

This section requires the cross slope of beach access routes to not be steeper than 1:48. Where the surface is other than asphalt, concrete, or boards, cross slopes not steeper than 1:20 are permitted when necessary for drainage.

1018.8 Resting Intervals

This section contains the technical requirements for the size (1018.8.1) and slope (1017.8.2) of resting intervals.

1018.8.1 Size

This section requires resting intervals to be 60 inches minimum by 60 inches minimum.

1018.8.2 Slope

This section requires the slope of resting intervals to not be steeper than 1:48 in any direction. Where the surface is other than asphalt, concrete, or boards, slopes not steeper than 1:20 are permitted when necessary for drainage.

1018.9 Protruding Objects

This section requires constructed elements on beach access routes and resting intervals to comply with the technical requirements for protruding objects in 307 of the Architectural Barriers Act Accessibility Guidelines. Protruding objects can be hazardous for individuals who are blind or have low vision. Signs and other post mounted objects are examples of constructed elements that can be protruding objects.

1018.10 Dune Crossings

This section requires handrails complying with 505 of the Architectural Barriers Act Accessibility Guidelines and curbs or barriers to be provided where the slope of a beach access route at a dune crossing is steeper than 1:20 (5%). The curbs or barriers are required to prevent the passage of a 2 inch diameter sphere, where any portion of the sphere is within 2 inches of the crossing surface.

1019 Conditions for Exceptions

1019.1 General

This section lists the conditions for the exceptions to specific provisions in 1011, 1013, 1014, 1015, 1016, 1017, and 1018. When an entity determines that any of the following conditions does not permit full compliance with the provision, compliance is required to the extent practicable:

• Compliance is not practicable due to terrain.

• Compliance cannot be accomplished with the prevailing construction practices.

• Compliance would fundamentally alter the function or purpose of the facility or the setting.

• Compliance is limited or precluded by any of the following laws, or by decisions or opinions issued or agreements executed pursuant to any of the following laws: Endangered Species Act; National Environmental Policy Act; National Historic Preservation Act; Wilderness Act; or other federal, state, or local law the purpose of which is to preserve threatened or endangered species; the environment; or archaeological, cultural, historical, or other significant natural features.

The last condition allows the following to be a basis for using the exceptions:

• Opinions issued by the Secretary of the Interior pursuant to the Endangered Species Act stating how a federal agency can implement an action without jeopardizing the continued existence of any endangered species or threatened species, or destroying or adversely modifying the habitat of such species (16 U.S.C. 1536 (b) (3) (A));

• Decisions issued by a federal agency pursuant to the National Environmental Policy Act in actions requiring environmental impact statements stating how it will avoid or minimize environmental harm (42 U.S.C. 4332; 40 CFR 1505.2);

• Agreements executed or decisions issued by a federal agency pursuant to National Historic Preservation Act stating how it will avoid, minimize, or mitigate adverse effects on historical properties (16 U.S.C. 470f and 470h-2; 36 CFR 800.6 (b) (iv) and 800.7 (c) (4)); and

• Provisions in the Wilderness Act that require federal agencies to preserve the wilderness character of designated wilderness areas and prohibit any structure or installation within such areas (16 U.S.C. 1131 (b) and (c)).

6. Regulatory Analyses

Executive Order 13563 (Improving Regulation and Regulatory Review) and Executive Order 12866 (Regulatory Planning and Review)

This final rule is not a significant regulatory action. We adhered to the principles of regulation in Executive Orders 13563 and 12866. Among other things, Executive Order 13563 directs agencies to propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs; tailor the regulation to impose the least burden on society, consistent with obtaining the regulatory objectives; and, in choosing among alternative regulatory approaches, select those approaches that maximize net benefits. Executive Order 13563 recognizes that some benefits are difficult to quantify and provides that, where appropriate and permitted by law, agencies may consider and discuss qualitatively values that are difficult or impossible to quantify, including equity, human dignity, fairness, and distributive impacts.

We prepared a regulatory assessment for the final rule. The regulatory assessment is available at: http://www.access-board.gov/outdoor (click on Background). The costs and benefits of the final rule are discussed below.

Costs

The regulatory assessment compares the final rule to the guidelines and standards used by federal agencies for the design of outdoor developed areas without regard to accessibility to determine whether the final rule would result in additional costs. The regulatory assessment shows that the final rule would not result in additional costs for camping facilities and picnic facilities. The regulatory assessment shows that the final rule would result in additional costs for viewing areas, trails, and beach access routes as shown in Table 4.

We estimate the federal agencies would incur $1.2 million additional annual costs due to the final rule for viewing areas, trails, and beach access routes as shown in Table 5.

Benefits

The final rule would increase opportunities for individuals with mobility disabilities to participate in outdoor recreation activities with their families and friends. Participation in outdoor recreation activities provides the following benefits:

• Physical health benefits, including reduces obesity, diminishes risk of chronic disease; and increases life expectancy;

• Mental health benefits, including reduces depression, relieves stress, and improves quality of life; and

• Community and social benefits, including unites families and promotes stewardship.⁹

The benefits are difficult to quantify, but include important national values recognized in Executive Order 13563 such as equity, human dignity, and fairness.

The 2010 Survey of Income and Program Participation (SIPP) sponsored by the U.S. Census Bureau estimates that among the civilian non-institutionalized population aged 15 and older, 30.6 million persons (12.6%) had limitations associated with ambulatory activities of the lower body.¹⁰ This number includes 23.9 million persons (9.9%) who had difficulty walking a quarter of a mile; 22.3 million (9.2%) who have difficulty climbing a flight of stairs; 11.6 million persons (4.8%) who used a cane, crutches, or walker to assist with mobility; and 3.6 million persons (1.5%) who use a wheelchair or scooter. Not all these persons are likely to directly benefit from the final rule because some may not participate in outdoor recreational activities. We do not have information to estimate the number of individuals with mobility disabilities who would directly benefit from the final rule.

Final Regulatory Flexibility Analysis

The Regulatory Flexibility Act requires federal agencies to consider the impacts of their rules on small entities, analyze alternatives that minimize the impacts on small entities, and to make the analysis available to the public. See 5 U.S.C. 604. We certified that the proposed rule would not have a significant economic impact on a substantial number of small entities because it would apply to federal agencies that administer outdoor areas developed for recreational purposes. Therefore, we did not prepare an initial regulatory flexibility analysis for the proposed rule. However, the Architectural Barriers Act also applies to facilities constructed or altered by non-federal entities on behalf of the United States. We prepared a final regulatory flexibility analysis for the final rule to consider the impacts of the final rule on small entities that construct or alter recreation facilities on federal lands on behalf of federal agencies pursuant to a concession contract, partnership agreement, or similar arrangement.

Need for and Objective of Final Rule

The Architectural Barriers Act requires facilities constructed or altered by or on behalf of federal agencies to be readily accessible to and usable by individuals with disabilities. Certain agencies are required to adopt accessibility standards for the design, construction, and alteration of facilities covered by the Architectural Barriers Act. We are required by section 502 of the Rehabilitation Act to establish and maintain minimum guidelines and requirements for the accessibility standards adopted the federal agencies. We are issuing the final rule pursuant to this authority to establish accessibility guidelines for camping facilities, picnic facilities, viewing areas, trails, and beach access routes constructed or altered by or behalf of federal agencies that administer outdoor developed areas.

Significant Issues Raised by Public Comments in Response to the Initial Regulatory Flexibility Analysis

As noted above, we certified that the proposed rule would not have a significant economic impact on a substantial number of small entities. Therefore, we did not prepare an initial regulatory flexibility analysis for the proposed rule.

Response to Comments Filed by Chief Counsel for Advocacy of the Small Business Administration

The Chief Counsel for Advocacy of the Small Business Administration did not file comments on the proposed rule.

Small Entities Affected by Rule

The final rule affects small entities that construct or alter camping facilities, picnic facilities, viewing areas, trails, and beach facilities on federal lands pursuant to a concession contract, partnership agreement, or similar arrangement with the following federal agencies and their components: U.S. Department of Agriculture (Forest Service), U.S. Department of Defense (Army Corps of Engineers), and U.S. Department of the Interior (Bureau of Land Management, Bureau of Reclamation, Fish and Wildlife Service, National Park Service). Data are not available on the number of small entities that construct or alter camping facilities, picnic facilities, viewing areas, trails, and beach facilities on federal lands pursuant to a concession contract, partnership agreement, or similar arrangement with the federal agencies. Small entities that construct facilities of federal land pursuant to a concession contract with federal agencies can include the costs of the capital improvements, including additional costs due to the final rule, in the contract bids and the costs can be offset in the concession fees paid to the federal agencies.

Compliance Requirements in Final Rule

The final rule contains scoping and technical requirements for camping facilities, picnic facilities, viewing areas, trails, and beach access routes. Scoping requirements specify what features are required to be accessible and, where multiple features of the same type are provided, how many of the features are required to be accessible. The scoping requirements in the final rule are summarized in Table 1 under Executive Summary. Technical requirements specify the design criteria for accessible features. The technical requirements include design criteria for the following outdoor constructed features: picnic tables, fire rings, grills, fireplaces, wood stoves, trash and recycling receptacles, water hydrants, utility and sewage hookups, outdoor rinsing showers, benches, and viewing scopes. The technical requirements also include design criteria for parking spaces within camping units and picnic units with mobility features; pull-up spaces for recreational vehicles at dump stations; tent pads and tent platforms; camp shelters; viewing areas; outdoor recreation access routes; trails; and beach access routes.

Steps to Minimize Significant Economic Impacts on Small Entities

The final rules permits exceptions to the specific provisions in the technical requirements for certain elements and facilities based on the conditions listed in Table 2 under Executive Summary. When an entity determines that a condition does not permit full compliance with a provision, compliance is required to the extent practicable. The final rule allows exemptions for an entire trail or beach access route when an entity determines that is impracticable for a trail to comply with the technical requirements for trails or to provide a beach access route complying with the technical requirements for beach access routes. This determination is made after the entity applies the exceptions for specific provisions in the technical requirements for trails or beach access routes to portions of the trail or route.

Executive Order 13132 (Federalism)

The final rule does not have federalism implications as defined in Executive Order 13112. The final rule does not have substantial direct effects on the states or on the relationship, or the distribution of power and responsibilities, between the federal government and the states.

Unfunded Mandates Reform Act

The final rule does not impose a federal intergovernmental mandate or federal private sector mandate as those terms are defined in the Unfunded Mandates Reform Act. Any duties imposed on state, local, or tribal governments or on the private sector arise from participation in a voluntary federal program.

List of Subjects in 36 CFR Part 1191

Buildings and facilities, Civil rights, Incorporation by reference, Individuals with disabilities, Transportation.

_________________________________

Karen L. Braitmayer,

Chair.

For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows: