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.

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: [INSERT DATE 60 DAYS AFTER DATE OF

PUBLICATION IN THE FEDERAL REGISTER].
Comment date: Interested parties should submit written
comments to the Regulatory Secretariat Division at the
address shown below on or before [INSERT DATE 60 DAYS AFTER
DATE OF PUBLICATION IN THE FEDERAL REGISTER], 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-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 rightof-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

88 FR 53604, August 8, 2023
(https://www.federalregister.gov/documents/2023/08/08/202316149/accessibility-guidelines-for-pedestrian-facilities-in-the-publicright-of-way).

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.
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 § 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
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 Plan3 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

See 36 CFR part 1190, appendix, section R104.3 (definition of “public
right-of-way”).
3https://www.gsa.gov/system/files/GSA_Strategic_Plan_FY_20222026_FINAL_508.pdf.
4https://www.whitehouse.gov/briefing-room/presidentialactions/2021/01/20/executive-order-advancing-racial-equity-and-supportfor-underserved-communities-through-the-federal-government/.
5 https://www.whitehouse.gov/briefing-room/presidentialactions/2021/06/25/executive-order-on-diversity-equity-inclusion-andaccessibility-in-the-federal-workforce/.
6 https://www.whitehouse.gov/briefing-room/presidentialactions/2023/02/16/executive-order-on-further-advancing-racial-equityand-support-for-underserved-communities-through-the-federalgovernment/.

disabilities by requiring enhanced accessible features to
help ensure a more welcoming and accessible path to Federal
facilities covered under § 102-76.65(a).
II.

Discussion of the Final Rule
A. Summary of Significant Changes
GSA is adding §§ 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
compensation7 using the U.S. Office of Personnel
Management’s 2023 General Schedule (GS) Rest of United
States Locality Pay Table,8 a full fringe benefit cost
factor of 36.25 percent9 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

Computing Hourly Rates of Pay Using the 2,087-Hour Divisor
(https://www.opm.gov/policy-data-oversight/pay-leave/payadministration/fact-sheets/computing-hourly-rates-of-pay-using-the2087-hour-divisor/).
8 General Schedule (https://www.opm.gov/policy-data-oversight/payleave/salaries-wages/2023/general-schedule).
9 OMB Memo M-08-13, dated March 11, 2008 (https://www.whitehouse.gov/wpcontent/uploads/legacy_drupal_files/omb/memoranda/2008/m08-13.pdf).
10 OMB Circular A-76 (https://georgewbushwhitehouse.archives.gov/omb/circulars/a076/a76_incl_tech_correction.htm
l).
11 GSA makes these assumptions based on historical familiarization hours
and SME judgment.

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.
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
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

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.

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 GS14 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 Rightof-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 content13 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).
A breakdown of undiscounted total annual estimated
Government training costs by year is provided in the table
below.
Year

2

4

6

8

10

Government
wide
Training

$81,
$81,
$81,
$81,
$81,
$81,
$81,
$81,
$81,
$81,
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 each in years 1
through 10 to conduct an accessibility standards comparison

GSA makes these assumptions based on the Access Board’s historical
familiarization hours and SME judgment.

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) data14 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

GSA used the Fiscal Year 2023 FRPP Summary Data Set at
https://www.gsa.gov/policy-regulations/policy/real-property-policydivision-overview/data-collection-and-reports/frpp-summary-reportlibrary.

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.
GSA extrapolates, on average, that if GSA has 2 largescale 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
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 smallerscale Federal facility projects covered by ABA newly
constructed every year.

GSA assumes other Federal agencies

impacted by this standard to have a similar average

This ratio is rounded to the nearest whole number.
GSA assumes the estimated total number of projects to be spread
evenly over the 10-year period.
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

Year

2

4

6

8

10

Acces
sibil
ity
Stand

$23,7
$23,7
$23,7
$23,7
$23,7
$23,7
$23,7
$23,7
$23,7
$23,7
17

Costs in this table are presented in undiscounted and constant
dollars.

ards
Compa
rison
Revie
w
GSA
large
scale
facil
ities

$1,05
0,000

$1,05
0,000

GSA
small
erscale
facil
ities

$675,
Other
Feder
al
agenc
y
large
scale
facil
ities

$1,05
0,000

Other
Feder
al
agenc
y
small
erscale
facil
ities

$1,35
0,000

$1,35
0,000

$1,35
0,000

$1,35
0,000

$1,35
0,000

$1,35
0,000

$1,35
0,000

$1,35
0,000

$1,35
0,000

$1,35
0,000

Total
New
Const
ructi
on
Costs

$4,14
8,787

$2,04
8,787

$2,04
8,787

$3,09
8,787

$2,04
8,787

$3,09
8,787

$3,09
8,787

$2,04
8,787

$2,04
8,787

$3,09
8,787

$675,
$675,
$675,
$675,
$675,
$1,05
0,000

$675,
$675,
$675,
$1,05
0,000

$675,
$1,05
0,000

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 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
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 data19

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

This information is based on internal GSA historical data sources.
GSA used the Fiscal Year 2023 FRPP Summary Data Set at
https://www.gsa.gov/policy-regulations/policy/real-property-policydivision-overview/data-collection-and-reports/frpp-summary-reportlibrary.
20 This ratio is rounded to the nearest whole number.
other Federal agencies impacted by this standard to have
similar average construction costs.
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
A breakdown of the undiscounted total annual estimated
cost by year is provided in the table below.22
Year

2

4

6

8

10

Acces
sibil
ity
Stand
ards
Compa
rison
Revie
w

$23,7
$23,7
$23,7
$23,7
$23,7
$23,7
$23,7
$23,7
$23,7
$23,7
GSA
Alter
ation

$250,
21

$250,
GSA assumes the estimated total number of projects to be spread
evenly over the 10-year period.
22 Costs in this table are presented in undiscounted and constant
dollars.

and
Renov
ation
Other
Feder
al
agenc
ies
Alter
ation
and
Renov
ation

$250,
Total
Alter
ation
and
Renov
ation
Costs

$523,
$250,
$23,7
$23,7
$273,
$250,
$23,7
$273,
$273,
$250,
$23,7
$23,7
$273,
4. Total Government Costs
A breakdown of undiscounted total estimated
Government costs by year is provided in the table below.
Year

2

4

6

8

10

Government
wide
Training

$81,
$81,
$81,
$81,
$81,
$81,
$81,
$81,
$81,
$81,
New
Construction

$4,1
48,7
$2,0
48,7
$2,0
48,7
$3,0
98,7
$2,0
48,7
$3,0
98,7
$3,0
98,7
$2,0
48,7
$2,0
48,7
$3,0
98,7
Alteration
and
Renovation

$523
,787

$23,
$23,
$273
,787

$23,
$273
,787

$273
,787

$23,
$23,
$273
,787

Total
Government
Costs

$4,7
54,1
$2,1
53,6
$2,1
53,6
$3,4
53,6
$2,1
53,6
$3,4
53,6
$3,4
53,6
$2,1
53,6
$2,1
53,6
$3,4
53,6
5. Total Overall Costs
The discounted estimated total overall cost over a 10year 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 10year 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 mobilityrelated 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 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:
action.

GSA could decide to take no regulatory

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 rightof-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 C.F.R. § 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 crossreferenced 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:
PART 102-76—DESIGN AND CONSTRUCTION
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.
2. Add an undesignated center heading and §§ 10276.100 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 § 102–
76.65(a) meet?
102-76.110 Where pedestrian facilities subject to the
standard in § 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 § 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
§ 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.
§ 102-76.105 What standard must public rights-of-way
subject to the Architectural Barriers Act and covered under
§ 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.
§ 102-76.110 Where pedestrian facilities subject to the
standard in § 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 § 102–76.105(a) that are altered
must always 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 § 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 § 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.
§ 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 § 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
§ 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.
§ 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: 7/2/2024 8:45 am; Publication Date: 7/3/2024]