New Accessibility Guidelines Proposed

October 2007—The Appalachian Trail Conservancy submitted comments to the U.S. Access Board earlier this month in response to proposed rules regarding accessibility guidelines for federally managed outdoor areas. Visit www.access-board.gov for the notice of proposed rulemaking.

More about Proposed Guidelines

The guidelines would apply to outdoor-recreation sites developed or altered by federal land-management agencies, including the U.S. Forest Service and the National Park Service. Exemptions and departures from certain criteria are recognized where access would:

• Substantially harm cultural, historic, religious, or significant natural features or  characteristics;
• Substantially alter the nature of the setting or its purpose;
• Require prohibited construction methods or materials;
• Not be feasible due to terrain or prevailing construction practices.

USFS Accessibility Coordinator Janet Zeller, the principal architect of the Forest Service Trails Accessibility Guidelines (FSTAG) and Outdoor Recreation Accessibility Guidelines (FSORAG), has compared the USFS and Access Board documents and suggests changes to the latter. Read recommendations.[PDF] 

ATC is reviewing the guidelines and will prepare a draft response by August 31 to share with A.T.-maintaining clubs, federal partners and cooperating organizations. An initial reading indicates that both “general exceptions” and exceptions related to specific accessibility standards, such as slope or surface conditions, may have been overlooked in the Access Board’s rule-making.

ATC supports accessibility in developed outdoor recreation sites, using an “exceptions-based” approach. A.T. managers will consider access for people with disabilities during planning of all A.T. facilities. Final decisions about design and construction of accessible A.T. segments and facilities will be made in cooperation with A.T. management partners and in accordance with agency regulations and federal law, and will maximize conservation of the Trail's primitive, scenic, natural and cultural qualities.

Background

In 1997, the Regulatory Negotiation Committee on Outdoor Recreation Developed Areas was formed by the Architectural and Transportation Barriers Compliance Board (Access Board) to develop accessibility recommendations for nationwide application to outdoor-recreation facilities. The intention was to expand the application of earlier legislation, including the Americans With Disabilities Act (ADA) and the Architectural Barriers Act (ABA), to outdoor-recreation facilities.

The committee’s 27 members included representatives from parks and outdoor recreation associations, disability groups, state and Federal land management agencies, and others. ATC was an active participant. The committee met ten times between June 1997 and July 1999. In addition, several working groups convened to gather information or develop recommendations for the full committee, and committee members sought input from the public. Members also examined and discussed approaches used by states and municipalities in developing accessibility guidelines for trails, picnic and camping facilities, and beaches. The committee submitted its report to the Access Board in September 1999.

In 2002, the USDA Forest Service began developing agency-specific guidelines, building on its own work from the early 1990s and integrating the Regulatory Negotiation committee’s report. ATC and A.T. club representatives worked closely with the USFS to develop a pragmatic draft that remained true to providing accessibility while also providing careful consideration for the primitive A.T. environment.

In 2005, the Forest Service Trail Accessibility Guidelines (FSTAG) and the Forest Service Outdoor Recreation Accessibility Guidelines (FSORAG) directives noted above were released for public review and comment. The Appalachian Trail Conservancy and affected clubs submitted formal comments on the proposed guidelines.

In 2006, the Forest Service completed the legal requirements and the FSTAG and FSORAG were adopted and are required to be used on the national-forest system lands. The Forest Service specifications that are equal to or higher than the Access Board’s will remain in place even after the Access Board’s guidelines are final. However, any Forest Service technical specifications that are to a lower standard than the final guidelines put in place by the Access Board will need to be changed. More information and copies of the Forest Service documents are available at www.fs.fed.us/recreation/programs/accessibility/.