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Federal Management Regulation; Accessibility Standard for Pedestrian Facilities in the Public Right-of-Way Publication: Federal Register Agency: General Services Administration Byline: Robin Carnahan Date: 3 July 2024 Subject: American Government 
Topic: |
[Federal Register Volume 89, Number 128 (Wednesday, July 3, 2024)]
[Rules and Regulations]
[Pages 55072-55078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14424]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-76
[FMR Case 2023-102-03; Docket No. GSA-FMR-2023-0012; Sequence No. 1]
RIN 3090-AK76
Federal Management Regulation; Accessibility Standard for
Pedestrian Facilities in the Public Right-of-Way
AGENCY: Office of Government-wide Policy (OGP), U.S. General Services
Administration (GSA).
ACTION: Final rule with 60-day comment period.
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SUMMARY: GSA is issuing a final rule amending the Federal Management
Regulation (FMR) regarding real property design and construction to
adopt the new accessibility guidelines issued by the Architectural and
Transportation Barriers Compliance Board (Access Board).
DATES:
Effective date: September 3, 2024.
Comment date: Interested parties should submit written comments to
the Regulatory Secretariat Division at the address shown below on or
before September 3, 2024, to be considered in the formation of future
rulemaking.
ADDRESSES: Submit comments in response to FMR case 2023-102-03 to:
Regulations.gov at https://www.regulations.gov. Submit comments via the
Federal eRulemaking portal by searching for ``FMR Case 2023-102-03.''
Select the link ``Comment Now'' that corresponds with FMR Case 2023-
102-03. Follow the instructions provided at the ``Comment Now'' screen.
Please include your name, company name (if any), and ``FMR Case 2023-
102-03'' on your attached document. If your comment cannot be submitted
using https://www.regulations.gov, call or email the points of contact
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
Instructions: Please submit comments only and cite FMR Case 2023-
102-03 in all correspondence related to this case. Comments received
generally will be posted without change to https://www.regulations.gov,
including any personal or business confidential information, or both,
provided. To confirm receipt of your comment(s), please check https://www.regulations.gov approximately two to three days after submission to
verify posting.
FOR FURTHER INFORMATION CONTACT: Mr. Chris Coneeney, Director, Real
Property Policy Division, Office of Government-
[[Page 55073]]
wide Policy, at 202-208-2956 or chris.coneeney@gsa.gov, for
clarification of content. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755 or GSARegSec@gsa.gov. Please cite FMR Case 2023-102-03.
SUPPLEMENTARY INFORMATION:
I. Background
GSA is revising its Architectural Barriers Act Accessibility
Standard to adopt the accessibility guidelines for pedestrian
facilities in the public right-of-way dedicated to transportation, as
defined in 41 CFR 102-76.100 (hereafter, pedestrian facilities in the
public right-of-way), issued by the Access Board in its final rule
``Accessibility Guidelines for Pedestrian Facilities in the Public
Right-of-Way'' that became effective on October 7, 2023 (36 CFR part
1190).\1\ That final rule provides minimum guidelines for all newly
constructed pedestrian facilities and altered portions of existing
pedestrian facilities for pedestrian circulation and use in the public
right-of-way. These guidelines, once adopted, will serve as the
technical basis of enforceable standards issued by GSA under the
Architectural Barriers Act of 1968, as amended (ABA), and would ensure
that facilities used by pedestrians that are subject to the ABA, such
as sidewalks and crosswalks constructed or altered in the public right-
of-way by Federal, state, and local governments using Federal funds,
are readily accessible to and usable by pedestrians with disabilities.
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\1\ 88 FR 53604, August 8, 2023 (https://www.federalregister.gov/documents/2023/08/08/2023-16149/accessibility-guidelines-for-pedestrian-facilities-in-the-public-right-of-way).
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The purpose of the guidelines issued by the Access Board is to
ensure that pedestrian facilities located in the public right-of-way to
which the ABA applies (as defined in Sec. 102-76.60) are readily
accessible to and usable by persons with disabilities. As noted by the
Access Board, these guidelines were developed with public input from
disability advocacy organizations, technical experts, individual
members of the public with disabilities, and Federal agencies.
The Federal Government, which seeks to be a leader in
accessibility, has been without clear, specific, enforceable technical
accessibility standards for pedestrian facilities in the public right-
of-way that are subject to the ABA. The adoption of the Access Board's
guidelines as part of GSA's Architectural Barriers Act Accessibility
Standard will create and support a consistent Federal standard to
ensure accessibility in the public right-of-way.
The statutory underpinning for this rule is 42 U.S.C. 4152, which
directs the Administrator of General Services to prescribe standards
for the design, construction, and alteration of buildings (other than
certain residential structures, and facilities of the Department of
Defense and the United States Postal Service) to ensure, to the maximum
extent feasible, that persons with disabilities have ready access to,
and use of, such buildings.
The GSA standard would ensure that pedestrian facilities covered by
the ABA in the public right-of-way would adhere to the Access Board's
accessibility guidelines for pedestrian facilities in the public right-
of-way. All other facilities that are referenced in 41 CFR 102-76.65
would be covered by the ABA standard previously issued by GSA.
Key accessibility features of pedestrian facilities in the public
right-of-way covered by the GSA standard would include:
Pedestrian Routes
Alternate Pedestrian Routes
Pedestrian Signals
Crosswalks
On-Street Parking
Transit Stops
Passenger Loading Zones
The GSA standard is applicable to new construction and alterations
of pedestrian facilities subject to the ABA as stated in 41 CFR 102-
76.60 that are on public land acquired for or dedicated to
transportation purposes, or on other land where there is a legally
established right for use by the public for transportation purposes.\2\
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\2\ See 36 CFR part 1190, appendix, section R104.3 (definition
of ``public right-of-way'').
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Adopting this standard is another way for GSA to formalize its
commitment to ensure accessibility for persons with disabilities by
creating more accessible features in the public right-of-way.
Also, adopting this standard as part of its Architectural Barriers
Act Accessibility Standard furthers GSA's commitment to Diversity,
Equity, Inclusion, and Accessibility, as included in GSA's Strategic
Plan \3\ and implementation of Executive Orders 13985,\4\ 14035,\5\ and
14091.\6\ GSA's plan advances accessibility in many ways, but, in
particular, through outreach to persons with disabilities. By adopting
the guidelines for pedestrian facilities in the public right-of-way as
part of its Architectural Barriers Act Accessibility Standard, GSA is
directly addressing its policy of outreach to persons with disabilities
by requiring enhanced accessible features to help ensure a more
welcoming and accessible path to Federal facilities covered under Sec.
102-76.65(a).
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\3\ https://www.gsa.gov/system/files/GSA_Strategic_Plan_FY_2022_-_2026_FINAL_508.pdf.
\4\ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/.
\5\ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/06/25/executive-order-on-diversity-equity-inclusion-and-accessibility-in-the-federal-workforce/.
\6\ https://www.whitehouse.gov/briefing-room/presidential-actions/2023/02/16/executive-order-on-further-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/.
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II. Discussion of the Final Rule
A. Summary of Significant Changes
GSA is adding Sec. Sec. 102-76.100 through 102-76.125 to subpart C
of part 102-76 of the FMR to incorporate the Access Board's
``Accessibility Guidelines for Pedestrian Facilities in the Public
Right-of-Way'' final rule, which became effective on October 7, 2023
(36 CFR part 1190), as part of its Architectural Barriers Act
Accessibility Standard. If GSA did not adopt the Access Board's
guidelines into its ABA standard, the status quo would be that GSA and
every other entity that is subject to the ABA would continue to work
with the various state and local guidelines and standards. By adopting
these guidelines, GSA is endorsing a consistent standard applied to
pedestrian facilities in the public right-of-way. This will reduce
confusion and enhance accessibility for facilities subject to the ABA.
B. Regulatory Impact Analysis
During the first and subsequent years after publication of the
rule, new construction employees and alteration and renovation
employees (which include a combination of project managers and subject
matter experts (SME)) must comply with the standards for pedestrian
facilities in the public right-of-way. These employees will conduct an
accessibility standards comparison review on applicable projects
between state and local accessibility standards and Federal
accessibility standards. GSA estimates this cost by multiplying the
time required to review the regulation and guidance implementing the
rule by the estimated hourly compensation. For the following
calculations, GSA calculates the estimated hourly compensation \7\
using the U.S. Office of Personnel Management's 2023 General Schedule
[[Page 55074]]
(GS) Rest of United States Locality Pay Table,\8\ a full fringe benefit
cost factor of 36.25 percent \9\ and an overhead cost factor of 12
percent as provided by Office of Management and Budget (OMB) Circular
A-76.\10\ GSA assumes the new construction employees and the alteration
and renovation employees will, on average, stay consistent in the
subsequent years.\11\ After publication of the rule, GSA anticipates
additional construction costs will be incurred related to the
accessibility improvements from this standard for applicable projects.
GSA estimates this additional construction cost by multiplying the
average construction costs by the accessibility improvements cost as a
percentage of total construction cost. Below is a list of costs that
GSA anticipates the Government will incur. GSA does not anticipate any
costs to the public.
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\7\ Computing Hourly Rates of Pay Using the 2,087-Hour Divisor
(https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/computing-hourly-rates-of-pay-using-the-2087-hour-divisor/).
\8\ General Schedule (https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2023/general-schedule).
\9\ OMB Memo M-08-13, dated March 11, 2008 (https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/memoranda/2008/m08-13.pdf).
\10\ OMB Circular A-76 (https://georgewbush-whitehouse.archives.gov/omb/circulars/a076/a76_incl_tech_correction.html).
\11\ GSA makes these assumptions based on historical
familiarization hours and SME judgment.
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1. Governmentwide Training
The Government must educate its new construction employees and
alteration and renovation employees on projects where the standard may
apply through a governmentwide outreach to increase their familiarity
with the standard. Below is a list of training and communication
activities related to regulatory familiarization and compliance that
GSA anticipates will occur. GSA assumes costs related to the
development and updating of training materials are de minimis because
the training materials to be used are already developed and updated and
not as a result of this rule.\12\
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\12\ The ABA guidelines are nearly identical to the ADA
guidelines, which are already developed and updated and based on
historical familiarization SME judgment. GSA assumes the ADA
training materials will be used for ABA guidelines familiarization.
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GSA assumes it will take 1 GSA accessibility SME on average, with a
GS-14 step 5 (as presumed based on prior experiences by the SME in the
National Accessibility Office of GSA) with an average hourly rate of
$93.70/hour, 2 hours in year 1 to review the Accessibility Guidelines
for Pedestrian Facilities in the Public Right-of-Way training content
for new construction employees and alteration and renovation employees
on projects where the standard applies. Therefore, GSA estimates the
total annual estimated cost for this part of the rule for year 1 to be
$187 (= 1 x $93.70 GS-14 step 5 rate x 2 hours).
GSA assumes it will take 1 GSA accessibility SME on average, with a
GS-14 step 5 (as presumed based on prior experiences by the SME in the
National Accessibility Office of GSA) with an average hourly rate of
$93.70/hour, 0.5 hour in years 2 through 10 to review the updated
Accessibility Guidelines for Pedestrian Facilities in the Public Right-
of-Way training content for new construction employees and alteration
and renovation employees on projects where the standard applies.
Therefore, GSA estimates the total annual estimated cost for this part
of the rule for years 2 through 10 to be $47 (= 1 x $93.70 GS-14 step 5
rate x 0.5 hour).
GSA assumes it will take 1 GSA attorney on average, with a Senior
Executive Level (SES) Level 3 (as presumed based on prior experiences
by the SME in the National Accessibility Office of GSA) with an average
hourly rate of $138.52/hour, 4 hours in year 1 to review the
Accessibility Guidelines for Pedestrian Facilities in the Public Right-
of-Way training content for new construction employees and alteration
and renovation employees on projects where the standard applies.
Therefore, GSA estimates the total annual estimated cost for this part
of the rule for year 1 to be $554 (= 1 x $138.52 SES Level 3 rate x 4
hours).
GSA assumes it will take 1 GSA attorney on average, with an SES
Level 3 with an average hourly rate of $138.52/hour, 1 hour in years 2
through 10 to review the updated Accessibility Guidelines for
Pedestrian Facilities in the Public Right-of-Way training content for
new construction employees and alteration and renovation employees on
projects where the standard applies. Therefore, GSA estimates the total
annual estimated cost for this part of the rule for years 2 through 10
to be $139 (= 1 x $138.52 SES Level 3 rate x 1 hour).
GSA assumes it will take 2 Access Board employees on average, with
a GS-13 step 5 with an average hourly rate of $79.29/hour, 10 hours
each in years 1 through 10 to deliver the Accessibility Guidelines for
Pedestrian Facilities in the Public Right-of-Way training content to
GSA new construction employees and alteration and renovation employees
on projects where the standard applies. Therefore, GSA estimates the
total annual estimated cost for this part of the rule for years 1
through 10 to be $1,586 (= 2 x $79.29 GS-13 step 5 rate x 10 hours).
GSA assumes it will take 200 Federal project managers and SMEs on
average, with a GS-13 step 5 with an average hourly rate of $79.29/
hour, 5 hours each in years 1 through 10 to receive the Accessibility
Guidelines for Pedestrian Facilities in the Public Right-of-Way
training content \13\ on projects where the standard applies.
Therefore, GSA estimates the total annual estimated cost for this part
of the rule for years 1 through 10 to be $79,290 (= 200 x $79.29 GS-13
step 5 rate x 5 hours).
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\13\ GSA makes these assumptions based on the Access Board's
historical familiarization hours and SME judgment.
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A breakdown of undiscounted total annual estimated Government
training costs by year is provided in the table below.
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Year 1 2 3 4 5 6 7 8 9 10
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Government wide Training........ $81,617 $81,061 $81,061 $81,061 $81,061 $81,061 $81,061 $81,061 $81,061 $81,061
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2. New Construction
New construction employees on projects where the Federal Government
scope of work extends into the public right-of-way will need to conduct
activities in compliance with the new standard. GSA anticipates
additional construction costs will be incurred related to the
accessibility requirements from this standard for applicable projects.
Below is a list of compliance activities that GSA anticipates will
occur.
GSA assumes it will take 200 Federal project managers and SMEs on
average, with a GS-13 step 5 with an average hourly rate of $79.29/
hour, 1.5 hours
[[Page 55075]]
each in years 1 through 10 to conduct an accessibility standards
comparison review between state and local accessibility requirements
and Federal accessibility requirements for federally owned and leased-
to-own new construction projects where the standard applies. Therefore,
GSA estimates the total annual estimated cost for this part of the rule
for years 1 through 10 to be $23,787 (= 200 x $79.29 GS-13 step 5 rate
x 1.5 hours).
GSA assumes the additional construction cost that will be incurred
related to the accessibility improvements from this standard for
applicable projects by multiplying the average construction costs by
the accessibility improvements cost as a percentage of total
construction cost. Average construction costs are based on internal GSA
historical data sources.
GSA assumes, based on recently completed projects of a similar
nature within the last 10 years, 1 large-scale GSA facility project
covered by ABA will be newly constructed every 5 years with an average
construction cost of $300,000,000. GSA estimates, based on recently
completed projects of a similar nature within the last 10 years, on
average, the additional construction costs related to the accessibility
improvements from this rule to be 0.35 percent of the total
construction cost. Therefore, GSA estimates the total annual estimated
cost for this part of the rule for years 1 and 6 to be $1,050,000 (=
$300,000,000 x 0.35 percent).
GSA assumes, based on recently completed projects of a similar
nature within the last 10 years, 2 smaller-scale GSA facility projects
covered by ABA will be newly constructed every year with an average
construction cost of $45,000,000. GSA estimates, based on recently
completed projects of a similar nature within the last 10 years, on
average, the additional construction costs related to the accessibility
improvements from this standard to be 0.75 percent of the total
construction cost. Therefore, GSA estimates the total annual estimated
cost for this part of the rule for years 1 through 10 to be $675,000 (=
2 x $45,000,000 x 0.75 percent).
Due to the lack of readily available data that identifies the new
construction profile of other Federal agencies impacted by this rule,
GSA extrapolated the burden to other Federal agencies impacted by this
rule. Based on GSA's Federal Real Property Profile Management System
(FRPP MS) data \14\ GSA comprises 36 percent of civilian building
square footage. Therefore, GSA assumes GSA comprises 36 percent of
Federal agency new construction and other Federal agencies comprise the
remaining 64 percent of Federal agency new construction. GSA calculates
an estimated new construction ratio of other Federal agencies to GSA to
be 2 (= 64 percent/36 percent).\15\ GSA assumes other Federal agencies
impacted by this standard to have similar average construction costs.
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\14\ GSA used the Fiscal Year 2023 FRPP Summary Data Set at
https://www.gsa.gov/policy-regulations/policy/real-property-policy-division-overview/data-collection-and-reports/frpp-summary-report-library.
\15\ This ratio is rounded to the nearest whole number.
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GSA extrapolates, on average, that if GSA has 2 large-scale Federal
facility projects covered by ABA newly constructed over a 10-year
period, then by applying the ratio of 2, other Federal agencies will
have an estimated 4 large-scale Federal facility projects covered by
ABA newly constructed over a 10-year period. GSA assumes other Federal
agencies impacted by this standard to have a similar average
construction cost of $300,000,000 per project and a similar additional
construction cost related to the accessibility improvements from this
standard of 0.35 percent of the total construction cost. Therefore, GSA
estimates the total annual estimated cost for this part of the rule for
years 1, 4, 7, and 10 to be $1,050,000 (= $300,000,000 x 0.35
percent).\16\
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\16\ GSA assumes the estimated total number of projects to be
spread evenly over the 10-year period.
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GSA extrapolates, on average, that if GSA has 2 smaller-scale
Federal facility projects covered by ABA newly constructed every year,
then by applying the ratio of 2, other Federal agencies will have an
estimated 4 smaller-scale Federal facility projects covered by ABA
newly constructed every year. GSA assumes other Federal agencies
impacted by this standard to have a similar average construction cost
of $45,000,000 per project and a similar additional construction cost
related to the accessibility improvements from this standard of 0.75
percent of the total construction cost. Therefore, GSA estimates the
total annual estimated cost for this part of the rule for years 1
through 10 to be $1,350,000 (= 4 x $45,000,000 x 0.75 percent).
A breakdown of the undiscounted total annual estimated cost by year
is provided in the table below.\17\
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\17\ Costs in this table are presented in undiscounted and
constant dollars.
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Year 1 2 3 4 5 6 7 8 9 10
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Accessibility Standards Comparison Review. $23,787 $23,787 $23,787 $23,787 $23,787 $23,787 $23,787 $23,787 $23,787 $23,787
GSA large-scale facilities................ 1,050,000 ......... ......... ......... ......... 1,050,000 ......... ......... ......... .........
GSA smaller-scale facilities.............. 675,000 675,000 675,000 675,000 675,000 675,000 675,000 675,000 675,000 675,000
Other Federal agency large-scale 1,050,000 ......... ......... 1,050,000 ......... ......... 1,050,000 ......... ......... 1,050,000
facilities...............................
Other Federal agency smaller-scale 1,350,000 1,350,000 1,350,000 1,350,000 1,350,000 1,350,000 1,350,000 1,350,000 1,350,000 1,350,000
facilities...............................
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Total New Construction Costs.......... 4,148,787 2,048,787 2,048,787 3,098,787 2,048,787 3,098,787 3,098,787 2,048,787 2,048,787 3,098,787
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3. Alteration and Renovation
Alteration and renovation employees on projects where the
government's scope of work is affected by the standard will need to
conduct activities in compliance with the new standard. GSA anticipates
additional construction costs will be incurred related to the
accessibility requirements from this standard for applicable projects.
Below is a list of compliance activities that GSA anticipates will
occur.
GSA assumes it will take 200 Federal project managers and SMEs on
average, with a GS-13 step 5 with an average hourly rate of $79.29/
hour, 1.5 hours each in years 1 through 10 to conduct an accessibility
standards comparison review between state and local accessibility
requirements and Federal accessibility requirements for federally owned
alteration and renovation projects where the standard applies.
Therefore, GSA estimates the total annual estimated cost for this part
of the rule for years 1 through 10 to be $23,787 (= 200 x $79.29 GS-13
step 5 rate x 1.5 hours).
GSA assumes the additional construction cost that will be incurred
related to the accessibility improvements from this standard for
[[Page 55076]]
applicable projects by multiplying the average construction costs by
the accessibility improvements cost as a percentage of total
construction cost. Average construction costs are based on internal GSA
historical data sources.
GSA assumes, on average, 1 GSA alteration and renovation facility
project covered by ABA will be constructed every 5 years with an
average construction cost of $5,000,000. GSA estimates, based on
recently completed projects of a similar nature within the last 10
years, on average, the additional construction costs related to the
accessibility improvements from this rule to be 5 percent of the total
construction cost. Therefore, GSA estimates the total annual estimated
cost for this part of the rule for years 1 and 6 to be $250,000 (=
$5,000,000 x 5 percent).\18\
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\18\ This information is based on internal GSA historical data
sources.
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Due to the lack of readily available data that identifies the
alteration and renovation profile of other Federal agencies impacted by
this rule, GSA extrapolated the burden to other Federal agencies
impacted by this rule. To estimate the aggregate burden to other
Federal agencies impacted by this rule, GSA assumes other Federal
agencies impacted by this rule to have a similar alteration and
renovation profile to GSA's. Based on GSA's FRPP MS data \19\ GSA
comprises 36 percent of civilian building square footage. Therefore,
GSA assumes GSA comprises 36 percent of Federal agency alteration and
renovation construction and other Federal agencies comprise the
remaining 64 percent of Federal agency alteration and renovation
construction. GSA calculates an estimated alteration and renovation
construction ratio of other Federal agencies to GSA to be 2 (= 64
percent/36 percent).\20\ GSA assumes other Federal agencies impacted by
this standard to have similar average construction costs.
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\19\ GSA used the Fiscal Year 2023 FRPP Summary Data Set at
https://www.gsa.gov/policy-regulations/policy/real-property-policy-division-overview/data-collection-and-reports/frpp-summary-report-library.
\20\ This ratio is rounded to the nearest whole number.
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GSA extrapolates, on average, that if GSA has 2 alteration and
renovation Federal facility projects covered by ABA over a 10-year
period, then by applying the ratio of 2, other Federal agencies will
have an estimated 4 alteration and renovation Federal facility projects
covered by ABA over a 10-year period. GSA assumes other Federal
agencies impacted by this standard to have a similar average
construction cost of $5,000,000 per project and a similar additional
construction cost related to the accessibility improvements from this
standard of 5 percent of the total construction cost. Therefore, GSA
estimates the total annual estimated cost for this part of the rule for
years 1, 4, 7, and 10 to be $250,000 (= $5,000,000 x 5 percent).\21\
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\21\ GSA assumes the estimated total number of projects to be
spread evenly over the 10-year period.
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A breakdown of the undiscounted total annual estimated cost by year
is provided in the table below.\22\
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\22\ Costs in this table are presented in undiscounted and
constant dollars.
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Year 1 2 3 4 5 6 7 8 9 10
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Accessibility Standards Comparison Review. $23,787 $23,787 $23,787 $23,787 $23,787 $23,787 $23,787 $23,787 $23,787 $23,787
GSA Alteration and Renovation............. 250,000 ......... ......... ......... ......... 250,000 ......... ......... ......... .........
Other Federal agencies Alteration and 250,000 ......... ......... 250,000 ......... ......... 250,000 ......... ......... 250,000
Renovation...............................
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Total Alteration and Renovation Costs. 523,787 23,787 23,787 273,787 23,787 273,787 273,787 23,787 23,787 273,787
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4. Total Government Costs
A breakdown of undiscounted total estimated Government costs by
year is provided in the table below.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year 1 2 3 4 5 6 7 8 9 10
--------------------------------------------------------------------------------------------------------------------------------------------------------
Government wide Training.................. $81,617 $81,061 $81,061 $81,061 $81,061 $81,061 $81,061 $81,061 $81,061 $81,061
New Construction.......................... 4,148,787 2,048,787 2,048,787 3,098,787 2,048,787 3,098,787 3,098,787 2,048,787 2,048,787 3,098,787
Alteration and Renovation................. 523,787 23,787 23,787 273,787 23,787 273,787 273,787 23,787 23,787 273,787
-------------------------------------------------------------------------------------------------------------
Total Government Costs................ 4,754,191 2,153,635 2,153,635 3,453,635 2,153,635 3,453,635 3,453,635 2,153,635 2,153,635 3,453,635
--------------------------------------------------------------------------------------------------------------------------------------------------------
5. Total Overall Costs
The discounted estimated total overall cost over a 10-year period
is $25,163,860 at a 3 percent discount rate and $20,885,096 at a 7
percent discount rate, as there is no direct cost to the public under
this rule. The following is a summary of the estimated costs calculated
for a 10-year time horizon at a 3 and 7 percent discount rate:
------------------------------------------------------------------------
Summary Total costs
------------------------------------------------------------------------
Present Value (3 percent)................................. $25,163,860
Annualized Costs (3 percent).............................. 2,949,972
Present Value (7 percent)................................. 20,885,096
Annualized Costs (7 percent).............................. 2,973,568
------------------------------------------------------------------------
Additional benefits that arise from GSA adopting the guidelines
issued by the Access Board relate to safety and accessibility for
pedestrians. Shortening travel distances from on-street parking to
building entrances will enhance the accessibility of buildings for
people with mobility-related disabilities while also being more
efficient for everyone who uses street parking. It will also support
the mobility of people with disabilities by increasing the sidewalk
sizes and by regulating the ground slope at passenger loading zones to
prevent them from being too steep. Wider sidewalks will increase the
ease of maneuverability when passing people on the sidewalk and,
thereby, reduce accidental collisions, as well as better accommodate
mobility aids, such as, but not limited to, walkers, rollators, and
both manual and electric wheelchairs. Further, requirements for better
audio and tactile warning systems, including, but not limited to, audio
signal warnings, truncated domes, and
[[Page 55077]]
detectable warning pavers, will increase safety for some pedestrians
with disabilities by alerting them to an imminent street crossing or to
when they have the right-of-way to cross the street. These improvements
also reduce anxiety for pedestrians when transitioning from a sidewalk
to a street crosswalk.
In the Access Board final rule, section 7A, the Final Regulatory
Impact Analysis, concluded that the rule, which covers state, local,
and Federal public rights-of-way, would result in approximately $15.5
billion in annualized benefits compared to $196.7 million in annualized
costs, using a 7% discounting rate.
6. Analysis of the Alternatives
The preferred process is the process laid out in the analysis
above. However, GSA has analyzed two alternatives to the preferred
process.
Alternative 1: GSA could decide to take no regulatory action. No
action from the Government would prevent GSA from adopting the
guidelines issued by the Access Board. The Government would not incur
the additional costs associated with this final rule; however, the
benefits of having a consistent Federal ABA standard for the
accessibility of pedestrian facilities in the public right-of-way
outweigh the costs. As a result, GSA rejected this alternative.
Alternative 2: GSA could adopt as an alternative more stringent
accessibility standards. However, adopting more stringent accessibility
standards would result in a higher cost than what is currently
estimated. Multiple standards may also cause confusion as to the
application of the Access Board's accessibility guidelines. As a
result, GSA rejected this alternative.
III. Executive Orders 12866, 13563, and 14904
E.O. 12866, ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993), directs agencies to assess all costs and benefits of
available regulatory alternatives and, if regulation is necessary, to
select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety effects,
distributive impacts, and equity). E.O. 13563, ``Improving Regulation
and Regulatory Review'' (76 FR 3821, January 21, 2011), emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. E.O. 14094,
``Modernizing Regulatory Review'' (88 FR 21879, April 11, 2023), amends
section 3(f) of E.O. 12866 and supplements and reaffirms the
principles, structures and definitions governing contemporary
regulatory review established in E.O. 12866 and E.O. 13563. The OMB
Office of Information and Regulatory Affairs (OIRA) has determined that
this rule is a significant regulatory action and, therefore, it was
reviewed under subsection 6(b) of E.O. 12866.
IV. Congressional Review Act
OIRA has determined that this rule is not a ``major rule'' under 5
U.S.C. 804(2). Subtitle E of title II of the Small Business Regulatory
Enforcement Fairness Act of 1996 (codified at 5 U.S.C. 801-808), also
known as the Congressional Review Act or CRA, generally provides that
before a rule may take effect, unless excepted, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. This rule is excepted from CRA reporting requirements
prescribed under 5 U.S.C. 801, as it relates to agency management or
personnel under 5 U.S.C. 804(3)(B).
V. Regulatory Flexibility Act
This final rule will not have a significant economic impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because it applies to
agency management or personnel. This final rule is also exempt from the
Administrative Procedure Act pursuant to 5 U.S.C. 553(a)(2) because it
applies to agency management or personnel. Therefore, a Final
Regulatory Flexibility Analysis was not performed.
VI. Administrative Procedure Act
This rulemaking is exempt from the advance notice-and-comment and
delayed-effective-date requirements of the Administrative Procedure Act
pursuant to 5 U.S.C. 553(a)(2) because this rulemaking relates to
agency management or personnel or to public property, loans, grants,
benefits, or contracts. This rulemaking applies to public property and
how it relates to the public right-of-way so that the public property
is accessible for persons with disabilities.
VII. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FMR do not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors or members of the public, that require the approval of OMB
under 44 U.S.C. 3501 et seq.
VIII. Severability
GSA is proposing to add a new provision on severability at 41 CFR
102-76.125, which states that all provisions included in subpart C of
part 102-76 are separate and severable from one another.
If any particular term or provision in subpart C of part 102-76, or
the application thereof to any agency or circumstance, is determined by
a court of competent jurisdiction to be invalid or unenforceable, the
remaining terms or provisions, or the application of such term or
provision to agencies or circumstances other than those to which it is
invalid or unenforceable, will not be affected thereby, and each term
and provision of this rule will be valid and be enforced to the fullest
extent permitted by law. For example, if any provision relating to the
Architectural Barriers Act Accessibility Standard for pedestrian
facilities in the public right-of-way is determined to be invalid, the
other provisions of the Architectural Barriers Act Accessibility
Standard, including the standards for pedestrian facilities, would
remain in full force and effect.
Further, any cross-references that appear throughout subpart C of
part 102-76 are duplicative and are intended only to make the
regulations more user-friendly. Invalidation of a particular provision
that is cross-referenced elsewhere will not materially alter the
provision that contains the cross-reference.
In summary, removal of any particular provision from subpart C of
part 102-76 would not render the entire regulatory scheme unworkable.
Thus, GSA considers each of the provisions in subpart C of part 102-76
to be separate and severable from one another. In the event of a stay
or invalidation of any particular provision, it is GSA's intention that
the remaining provisions will continue in effect.
List of Subjects in 41 CFR Part 102-76
Energy conservation, Federal buildings and facilities, Government
property management, Individuals with disabilities, Rates and fares,
Security measures.
Robin Carnahan,
Administrator of General Services.
For the reasons set forth in the preamble, GSA amends 41 CFR part
102-76 as set forth below:
[[Page 55078]]
PART 102-76--DESIGN AND CONSTRUCTION
0
1. The authority citation for part 102-76 is revised to read as
follows:
Authority: 40 U.S.C. 121(c) (in furtherance of the
Administrator's authorities under 40 U.S.C. 3301-3315 and elsewhere
as included under 40 U.S.C. 581 and 583); 42 U.S.C. 4152.
0
2. Add an undesignated center heading and Sec. Sec. 102-76.100 through
102-76.125 to subpart C to read as follows:
Subpart C--Architectural Barriers Act
Sec.
* * * * *
Public Rights-of-Way
102-76.100 What definition applies to this part?
102-76.105 What standard must public rights-of-way subject to the
Architectural Barriers Act and covered under Sec. 102-76.65(a)
meet?
102-76.110 Where pedestrian facilities subject to the standard in
Sec. 102-76.105(a) are altered, must an alteration to a pedestrian
facility be connected by a compliant pedestrian access route to an
existing pedestrian circulation path?
102-76.115 Who has the authority to waive or modify the standards in
Sec. 102-76.105(a)?
102-76.120 What recordkeeping responsibilities do Federal agencies
have?
102-76.125 What portions of this subpart are severable?
* * * * *
Public Rights-of-Way
Sec. 102-76.100 What definition applies to this part?
Public right-of-way means public land acquired for or dedicated to
transportation purposes, or other land where there is a legally
established right for use by the public for transportation purposes.
Sec. 102-76.105 What standard must public rights-of-way subject to
the Architectural Barriers Act and covered under Sec. 102-76.65(a)
meet?
(a) GSA adopts the appendix to 36 CFR part 1190 without additions
or modification as the accessibility standard for pedestrian facilities
in the public right-of-way. Pedestrian facilities in the public right-
of-way subject to the Architectural Barriers Act (other than facilities
in paragraphs (b) and (c) of this section) must meet the accessibility
standard for pedestrian facilities in the public right-of-way so that
pedestrian facilities located in the public right-of-way are readily
accessible to and usable by pedestrians with disabilities. Compliance
with this accessibility standard is mandatory; provided, however, that
this standard does not address existing pedestrian facilities in the
public right-of-way under the Architectural Barriers Act unless the
pedestrian facilities are altered at the discretion of a covered
entity.
(b) Residential public rights-of-way subject to the Architectural
Barriers Act must meet the standards prescribed by the Department of
Housing and Urban Development.
(c) Department of Defense and United States Postal Service public
rights-of-way subject to the Architectural Barriers Act must meet the
standards prescribed by those agencies.
Sec. 102-76.110 Where pedestrian facilities subject to the standard
in Sec. 102-76.105(a) are altered, must an alteration to a pedestrian
facility be connected by a compliant pedestrian access route to an
existing pedestrian circulation path?
Yes, pedestrian facilities in public rights-of-way subject to the
standard in Sec. 102-76.105(a) that are altered must always be
connected by a compliant pedestrian access route to an existing
pedestrian circulation path.
Sec. 102-76.115 Who has the authority to waive or modify the
standards in Sec. 102-76.105(a)?
The Administrator of General Services has the authority to waive or
modify the accessibility standards for buildings and facilities covered
by the Architectural Barriers Act (ABA) in Sec. 102-76.105(a) on a
case-by-case basis if an agency head or a GSA department head submits a
request for waiver or modification and the Administrator determines
that the waiver or modification is clearly necessary. The Administrator
of General Services must consult with the Access Board to ensure that
the waiver or modification is based on findings of fact and not
inconsistent with the ABA.
Sec. 102-76.120 What recordkeeping responsibilities do Federal
agencies have?
(a) The head of each Federal agency must ensure that documentation
is maintained on each contract, grant or loan for the design,
construction, or alteration of a pedestrian facility in a public right-
of-way subject to the standard in Sec. 102-76.105(a) containing one of
the following statements:
(1) The standard has been or will be incorporated in the design,
the construction, or the alteration.
(2) The grant or loan has been or will be made subject to a
requirement that the standard will be incorporated in the design, the
construction, or the alteration.
(3) The standard has been waived or modified by the Administrator
of General Services, and a copy of the waiver or modification is
included with the statement.
(b) If a determination is made that a pedestrian facility in a
public right-of-way is not subject to the standard in Sec. 102-
76.105(a) because the Architectural Barriers Act does not apply to the
facility, the head of the Federal agency must ensure that documentation
is maintained to justify the determination.
Sec. 102-76.125 What portions of this subpart are severable?
All provisions included in this subpart are separate and severable
from one another. If any provision is stayed or determined to be
invalid, it is GSA's intention that the remaining provisions will
continue in effect.
[FR Doc. 2024-14424 Filed 7-2-24; 8:45 am]
BILLING CODE 6820-14-P