Comments of the Wyoming Department of Transportation

Concerning Draft Accessibility Guidelines Published June 17, 2002,
67 Federal Register 41206,
Architectural and Transportation Barriers Compliance Board, Docket Number 02-1,
Americans with Disabilities Act (ADA) Accessibility Guidelines
for Public Rights-of-Way

The Wyoming Department of Transportation (WYDOT) thanks the Architectural and Transportation Barriers Compliance Board for this opportunity to comment on the draft set of Americans with Disabilities Act (ADA) Accessibility Guidelines for Public Rights-of-Way.

While WYDOT recognizes the importance of a transportation system accessible to disabled Americans, the department has some concerns with the guidelines as currently drafted.

Broad areas of concern have to do with the following:

--Maintenance Implications. The increased need for inspection, inventory, and maintenance of transportation facilities appears immense. WYDOT is concerned about its ability to deliver the citizens of Wyoming an effective transportation system with the added maintenance burden if the guidelines go forward as drafted.

--Relationship to Other Regulations. A number of conflicts seem to exist between the draft guidelines and current federal rules and regulations concerning areas such as air quality, historic preservation, and environmental protection. WYDOT hopes the final guidelines harmonize with existing law.

--Cost Implications. Implementation of the guidelines as drafted will create a considerable financial burden on states as they try to provide quality transportation systems to their citizens with funding already stretched tightly. WYDOT calls on the board to help state departments of transportation by working with them to arrive at cost estimates and a financial plan for implementing these guidelines. This plan should be completed before any Notice of Proposed Rulemaking is released.

In addition to the brief statements made in this document, the Wyoming Department of Transportation also endorses the more thorough remarks submitted by the American Association of State Highway and Transportation Officials (AASHTO). These comments were written after the draft guidelines were reviewed by a cross-section of experts from various state departments of transportation. WYDOT's technical comments will also be forthcoming in another docket submission. The department encourages the board to weigh these comments carefully before proceeding. WYDOT also urges the board to consider how to address apparent conflicts between the draft guidelines and existing environmental and historic preservation law.

Thanks again for the opportunity to comment.

Respectfully submitted by John Davis on behalf of
Paul P. Bercich, P.E.
Engineering and Planning Engineer
Wyoming Department of Transportation