Stephanie Mlot

Hell hath no fury like a bicyclist or pedestrian scorned, the federal government has learned this month.

On April 1, the American Association of State Highway and Transportation Officials responded to a U.S. Department of Transportation request for a review of current regulations deemed "outmoded, ineffective, insufficient or excessively burdensome."

The action followed President Barack Obama's call earlier this year for federal agencies to review their rules, AASHTO Director of Communications Lloyd Brown wrote in an email. After input from the 50 states, the organization submitted its list.

Among the apparently back-breaking laws: the Bicycle and Pedestrian Provisions of Federal Transportation Legislation, a clause that intends to keep bicyclists and pedestrians in the loop regarding comprehensive transportation plans developed by local and state planning organizations.

The existing Federal Highway Administration regulation states that bicycle transportation facilities and walkways shall be considered, where appropriate, except where bicycle and pedestrian use is not permitted.

It also calls for citizens to be given "due consideration," when appropriate, in conjunction with new construction and reconstruction.

"We have no problem with this requirement," Brown wrote.

Instead, what AASHTO does object to is the Department of Transportation guidance that goes beyond what is called for in the law. Said guidance states that "accommodation must be provided except in extreme circumstances." According to Brown, this is actually a much more expansive requirement, considering states must prove exceptional circumstances when not providing for bicyclists and pedestrians as part of a highway project.

The solution: the Federal Highway Administration rescind its guidance on the meaning of "due consideration."

"Our intent in making the request ... is to reduce the effort and paperwork required to justify why bicycle or pedestrian facilities may or may not be appropriate on a given federal aid project," Brown wrote.

While the letter and additional comments serve simply as a recommendation to the Department of Transportation for modification or elimination, outraged bicycle and pedestrian organizations have stepped into the ring for a fight.

An April 15 reply to AASHTO from the National Center for Biking and Walking asks the federal organization to explain why two groups of transportation users, who are overrepresented in fatalities and injuries, and underrepresented in funding, "are not deemed worthy of safe accommodation in our transportation system."

The League of American Bicyclists stepped into the ring on April 14, when a league member posted a blog entry calling AASHTO's request "misguided," at a time when cities are building entire bicycling networks that provide people with work and benefit businesses.

"This is not a time to move backwards," the league's Darren Flusche wrote. "AASHTO should be a leading voice in shaping holistic and comprehensive transportation systems."

The league is calling for help locally by asking that disgruntled citizens use its advocacy center, located on the Web at www.capwiz.com/lab/home, to ask state Department of Transportation heads to contact AASHTO President Susan Martinovich with complaints.

As of Wednesday, no Frederick bicycle or pedestrian groups had joined the challenge.

Road closure

- Bowman's Farm Road will be closed between the Motor Vehicle Administration parking lot entrance and the end of Bowman Farm Road at the cul-de-sac, from 6 a.m. to 8 p.m. April 30 and May 1 for the Soap Box Derby Races.