Comment submitted by Duncan Crawford

Document ID: DOJ-CRT-2008-0016-0375
Document Type: Public Submission
Agency: Department Of Justice
Received Date: July 22 2008, at 11:48 AM Eastern Daylight Time
Date Posted: July 24 2008, at 12:00 AM Eastern Standard Time
Comment Start Date: June 17 2008, at 12:00 AM Eastern Standard Time
Comment Due Date: August 18 2008, at 11:59 PM Eastern Standard Time
Tracking Number: 8068d816
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Comment re section 35.137 Mobility devices, question 18, “Should motorized devices that use fuel or internal-combustion engines (e.g., all-terrain vehicles) be considered personal mobility devices that are covered by the ADA? Are there specific circumstances in which accommodating these devices would result in a fundamental alteration?” In no way should ATCs, motorcycles, or other internal-combustion "mobility devices" be included. Hiking (or using a wheelchair on accessible portions of the AT) is done in large part to *escape* from such devices and is totally counter to the premise ("primitive footpath") on which the AT was created. As a long-time member and past president of an AT- maintainer club, and as a shelter maintainer and volunteer building an ADA-compliant AT shelter privy on top of Cove Mountain near Harrisburg, Pa I can tell you that I for one will cease any and all AT or NPS volunteer activity if internal combustion motorized "mobility devices" are allowed. I currently haul out trash from fire rings, trash thrown my composting privy tanks, and repair (normal hiking) erosion damage and in some cases that caused by horses. The MCM sections of AT in Pa are already threatened by mountain bikers and ATV users. Adding ATVs or other IC engine transport to the ADA regulations will make erosion control next to impossible in numerous sensitive environmental areas and allow local "party animals" to haul in even more (always broken) bottles and beer cans. Please clarify the proposed rule to restrict "mobility devices" to non-internal- combustion devices. I've no issue with powered wheelchairs, making mountain-top privys handicapped accessible, or the like, and would willingly help anyone in a wheelchair gain access to the AT where at all practical, but catering to potential abuses from a ATV and/or biker crowd will cause me to volunteer elsewhere.

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