Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way, 44664-44698 [2011-17721]
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ARCHITECTURAL AND
TRANSPORTATION BARRIERS
COMPLIANCE BOARD
36 CFR Part 1190
[Docket No. ATBCB 2011–04]
RIN 3014–AA26
Accessibility Guidelines for Pedestrian
Facilities in the Public Right-of-Way
Architectural and
Transportation Barriers Compliance
Board.
ACTION: Notice of Proposed Rulemaking.
AGENCY:
The Architectural and
Transportation Barriers Compliance
Board is proposing accessibility
guidelines for the design, construction,
and alteration of pedestrian facilities in
the public right-of-way. The guidelines
ensure that sidewalks, pedestrian street
crossings, pedestrian signals, and other
facilities for pedestrian circulation and
use constructed or altered in the public
right-of-way by state and local
governments are readily accessible to
and usable by pedestrians with
disabilities. When the guidelines are
adopted, with or without additions and
modifications, as accessibility standards
in regulations issued by other federal
agencies implementing the Americans
with Disabilities Act, Section 504 of the
Rehabilitation Act, and the
Architectural Barriers Act, compliance
with the accessibility standards is
mandatory.
SUMMARY:
Submit comments by November
23, 2011. Hearings will be held on the
proposed guidelines on the following
dates:
1. September 12, 2011, 9:30 to 11:30
a.m., Dallas, TX.
2. November 9, 2011, 9:30 to 11:30
a.m., Washington, DC.
ADDRESSES: Submit comments by any of
the following methods:
• Federal eRulemaking Portal:https://
www.regulations.gov. Follow the
instructions for submitting comments.
Regulations.gov ID for this docket is
ATBCB–2011–0004.
• E-mail: row@access-board.gov.
Include docket number ATBCB 2011–04
in the subject line of the message.
• Fax: 202–272–0081.
• Mail or Hand Delivery/Courier:
Office of Technical and Informational
Services, Access Board, 1331 F Street,
NW., Suite 1000, Washington, DC
20004–1111.
All comments will be posted without
change to https://www.regulations.gov,
including any personal information
provided.
The hearing locations are:
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DATES:
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1. Dallas: Sheraton Dallas (San
Antonio A Ballroom), 400 North Olive
Street, Dallas, TX 75201.
2. Washington, DC: Access Board
Conference Room, 1331 F Street, NW.,
Suite 800, Washington, DC 20004.
FOR FURTHER INFORMATION CONTACT:
Scott Windley, Office of Technical and
Information Services, Architectural and
Transportation Barriers Compliance
Board, 1331 F Street, NW., Suite 1000,
Washington, DC 20004–1111.
Telephone (202) 272–0025 (voice) or
(202) 272–0028 (TTY). E-mail address
row@access-board.gov.
SUPPLEMENTARY INFORMATION:
Availability of Proposed Guidelines
With Figures
The proposed guidelines will be
codified as an appendix to 36 CFR part
1190. In the past, the Architectural and
Transportation Barriers Compliance
Board (Access Board) submitted
‘‘camera ready’’ copy (i.e., images) of its
guidelines to the Federal Register for
the appendices since the guidelines
included figures that illustrate the
requirements in the guidelines. The
appendices were not word searchable
when viewed online because they are
images. After discussions with the
Office of the Federal Register, the
Access Board has decided to submit the
proposed guidelines as a Word
document with only one image, the
International Symbol of Accessibility
(Figure R411), so the appendix will be
word searchable when viewed online. A
copy of the proposed guidelines with
figures is available on the Access Board
Web site at: https://www.accessboard.gov/prowac/nprm.htm. Except for
the International Symbol of
Accessibility (Figure R411), the figures
are for illustration purposes only and do
not establish requirements. The copy of
the proposed guidelines on the Access
Board Web site also sets out advisory
sections in shaded boxes, and indents
subsections under the main sections.
Introduction
The Access Board is an independent
federal agency established by section
502 of the Rehabilitation Act (29 U.S.C.
792).1 The Access Board is responsible
for developing accessibility guidelines
for the design, construction, and
1 The Access Board consists of 13 members
appointed by the President from the public, a
majority of which are individuals with disabilities,
and the heads of 12 federal agencies or their
designees whose positions are Executive Level IV
or above. The federal agencies are: The Departments
of Commerce, Defense, Education, Health and
Human Services, Housing and Urban Development,
Interior, Justice, Labor, Transportation, and
Veterans Affairs; General Services Administration;
and United States Postal Service.
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alteration of facilities to ensure that they
are readily accessible to and usable by
individuals with disabilities. The
Access Board’s guidelines play an
important part in the implementation of
three laws that require newly
constructed and altered facilities to be
accessible to individuals with
disabilities: the Americans with
Disabilities Act, Section 504 of the
Rehabilitation Act, and the
Architectural Barriers Act. As further
discussed under the Statutory and
Regulatory Background, these laws
require other federal agencies to issue
regulations which include accessibility
standards for the design, construction,
and alteration of facilities. The
regulations issued by the other federal
agencies to implement these laws adopt,
with or without additions and
modifications, the Access Board’s
guidelines as accessibility standards.
When the Access Board’s guidelines are
adopted, with or without additions and
modifications, as accessibility standards
in regulations issued by other federal
agencies implementing these laws,
compliance with the accessibility
standards is mandatory.
Statutory and Regulatory Background
Americans With Disabilities Act
The Americans with Disabilities Act
(42 U.S.C. 12101 et seq.) is a federal
civil rights law that prohibits
discrimination against individuals with
disabilities. Title II of the Americans
with Disabilities Act covers state and
local governments.2 The Department of
Justice is responsible for issuing
regulations to implement Title II of the
Americans with Disabilities Act, except
for the public transportation parts.3 The
2 Other titles of the Americans With Disabilities
Act cover employers (Title I), private entities that
own, lease, or operate places of public
accommodation and commercial facilities (Title III),
and telecommunications (Title IV). This preamble
focuses on Title II because pedestrian facilities in
the public right-of-way are constructed and altered
by state and local governments.
3 Title II of the Americans with Disabilities Act
contains two subtitles. Subtitle A applies to all state
and local government programs, services, and
activities. Subtitle B contains two parts. Subtitle B,
part I applies to designated public transportation
provided by state and local governments by bus,
rail, or other conveyance (other than aircraft or
intercity or commuter rail) as a general or special
service (including charter service) to the general
public on a regular and continuing basis. Subpart
B, part II applies to public transportation provided
by the National Railroad Passenger Corporation and
commuter authorities by intercity and commuter
rail. The Department of Justice is responsible for
issuing regulations to implement Subtitle A of Title
II, except for matters within the scope of authority
of the Department of Transportation under Parts I
and II of Subtitle B of Title II. See 42 U.S.C. 12134.
The Department of Transportation is responsible for
issuing regulations to implement Parts I and II of
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regulations issued by the Department of
Justice include accessibility standards
for the design, construction, and
alteration of facilities (other than
facilities used in the provision of public
transportation covered by regulations
issued by the Department of
Transportation).4 The Department of
Justice’s accessibility standards adopt,
with additions and modifications, the
Access Board’s current guidelines,
which are discussed below under the
Need for Rulemaking.5 See 28 CFR
35.104 and 35.151.
The Department of Transportation is
responsible for issuing regulations to
implement the public transportation
parts of Title II of the Americans with
Disabilities Act.6 The regulations issued
by the Department of Transportation
include accessibility standards for the
design, construction, and alteration of
facilities used in the provision of public
transportation covered by the public
transportation parts of Title II of the
Americans with Disabilities Act. The
Department of Transportation’s
accessibility standards adopt, with
additions and modifications, the Access
Board’s current guidelines, which are
discussed below under the Need for
Rulemaking. See 49 CFR 37.9 and
Appendix A to 49 CFR part 37.
Subtitle B of Title II. See 42 U.S.C. 12149 and
12164.
4 Subtitle A of Title II of the Americans with
Disabilities Act requires that the regulations issued
by the Department of Justice include accessibility
standards that are ‘‘consistent with the minimum
guidelines and requirements issued by the
Architectural and Transportation Barriers
Compliance Board.’’ 42 U.S.C. 12134(c). The
accessibility standards issued by the Department of
Justice can include additional or modified
requirements provided they are consistent with the
Access Board’s guidelines.
5 In September 2010, the Department of Justice
issued regulations with revised accessibility
standards for Titles II and III of the Americans with
Disabilities Act (DOJ 2010 Standards). See 75 FR
56164 (September 15, 2010). Compliance with the
DOJ 2010 Standards is required on or after March
15, 2012. State and local governments are permitted
to comply with earlier standards (DOJ 1991
Standards without the elevator exception or UFAS)
or the DOJ 2010 Standards between September 15,
2010 and March 14, 2012. Additional information
on the applicable standards and their effective dates
is available on the Department of Justice Web site
at: https://www.ada.gov/revised_effective_dates2010.htm. The DOJ 2010 Standards are available on
the Department of Justice Web site at: https://
www.ada.gov/2010ADAstandards_index.htm.
6 Parts I and II of Subtitle B of Title II of the
Americans with Disabilities Act require that the
regulations issued by the Department of
Transportation include accessibility standards that
are ‘‘consistent with the minimum guidelines and
requirements issued by the Architectural and
Transportation Barriers Compliance Board.’’ 42
U.S.C. 12149(b) and 12163. The accessibility
standards issued by the Department of
Transportation can include additional or modified
requirements provided they are consistent with the
Access Board’s guidelines.
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The Department of Justice is
responsible for overall enforcement of
Title II of the Americans with
Disabilities Act. The Department of
Justice has designated the Department of
Transportation as the federal agency
responsible for investigating complaints
and conducting compliance reviews
‘‘relating to programs, services, and
regulatory activities relating to
transportation, including highways.’’
See 28 CFR 35.190(b)(8).
current guidelines, which are discussed
below under the Need for Rulemaking.
See 49 CFR 37.9 and Appendix A to 49
CFR part 37.
The Department of Transportation is
responsible for investigating complaints
and conducting compliance reviews
under Section 504 relating to recipients
of federal financial assistance from the
Department. See 49 CFR 27.121 and
27.123.
Section 504 of the Rehabilitation Act
Section 504 of the Rehabilitation Act
(29 U.S.C. 794) (hereinafter referred to
as ‘‘Section 504’’) prohibits
discrimination against individuals with
disabilities under any program or
activity receiving federal financial
assistance. The term ‘‘program or
activity’’ includes all the operations of
a state or local government entity that
receives federal financial assistance
directly or indirectly from the federal
government. See 29 U.S.C. 794(b). Each
federal agency that provides federal
financial assistance is responsible for
issuing regulations to implement
Section 504 that are consistent with
requirements established by the
Department of Justice. See Executive
Order 12250 in Appendix A to 28 CFR
part 41. The Department of Justice
requires facilities designed, constructed,
or altered by recipients of federal
financial assistance to be accessible to
individuals with disabilities. See 28
CFR 41.58.
The Department of Transportation
provides federal financial assistance to
state and local governments for the
development of transportation
networks, including pedestrian facilities
in the public right-of-way.7 The
regulations issued by the Department of
Transportation to implement Section
504 require facilities designed,
constructed, or altered by recipients of
federal financial assistance from the
Department to comply with accessibility
standards included in the Department’s
regulations implementing the public
transportation parts of Title II of the
Americans with Disabilities Act, or the
Uniform Federal Accessibility
Standards. See 49 CFR 27.3. As
discussed above, the accessibility
standards included in the Department of
Transportation regulations
implementing the public transportation
parts of Title II of the Americans with
Disabilities Act adopt, with additions
and modifications, the Access Board’s
Architectural Barriers Act
7 See Department of Transportation ‘‘Policy
Statement on Bicycle and Pedestrian
Accommodation Regulations and
Recommendations’’ at: https://www.dot.gov/affairs/
2010/bicycle-ped.html.
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The Architectural Barriers Act (42
U.S.C. 4151 et seq.) requires certain
facilities financed with federal funds to
be accessible to individuals with
disabilities. The Architectural Barriers
Act covers facilities financed in whole
or part by a federal grant or loan where
the federal agency that provides the
grant or loan is authorized to issue
standards for the design, construction,
or alteration of the facilities.8 See 42
U.S.C. 4151(3). The General Services
Administration is required to issue
accessibility standards for facilities
covered by the Architectural Barriers
Act.9 See 42 U.S.C. 4156. The
accessibility standards issued by the
General Services Administration adopt,
without any additions or modifications,
the Access Board’s current guidelines,
which are discussed below under the
Need for Rulemaking. See 41 CFR 102–
76.65.
The Access Board is responsible for
enforcing the Architectural Barriers Act.
See 29 U.S.C 792(b)(1) and (e).
Need for Rulemaking
This section discusses the
Congressional findings in the Americans
with Disabilities Act that establish the
need for accessibility guidelines, the
Access Board’s current accessibility
guidelines, and why the Access Board is
proposing to issue accessibility
guidelines for pedestrian facilities in the
public right-of-way.
8 The Architectural Barriers Act also covers
facilities constructed, altered, or leased by federal
agencies; and facilities constructed or altered by the
Washington Metropolitan Area Transit Authority.
See 42 U.S.C. 4151(1), (2), and (4).
9 The accessibility standards issued by the
General Services Administration apply to all
facilities covered by the Architectural Barriers Act,
except for postal, military, and residential facilities.
The United States Postal Service is responsible for
issuing accessibility standards for postal facilities;
the Department of Defense is responsible for issuing
accessibility standards for military facilities; and
the Department of Housing and Urban Development
is responsible for issuing accessibility standards for
residential facilities. See 42 U.S.C. 4153, 4154, and
4154a.
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Congressional Findings of
Discrimination
The Americans with Disabilities Act
was enacted in 1990 by overwhelming
bipartisan majorities in the House of
Representatives (377–28) and in the
Senate (91–6).10 Congress compiled an
extensive record of the discrimination
experienced by individuals with
disabilities in critical areas such as
employment, public accommodations,
state and local government services, and
transportation. Congress found that
‘‘despite some improvements such
forms of discrimination against
individuals with disabilities continue to
be a serious and pervasive social
problem.’’ 42 U.S.C. 12101(a)(2). Among
the forms of discrimination that
Congress found to be a continuing
problem are ‘‘the discriminatory effects
of architectural, transportation, and
communication barriers.’’ 42 U.S.C.
12101(a)(5). Congress found that ‘‘the
continuing existence of unfair and
unnecessary discrimination and
prejudice denies people with
disabilities the opportunity to compete
on an equal basis and to pursue those
opportunities for which our free society
is justifiably famous, and costs the
United States billions of dollars in
unnecessary expenses resulting from
dependency and nonproductivity.’’ 42
U.S.C. 12101(a)(9). Congress declared
that ‘‘the Nation’s proper goals
regarding individuals with disabilities
are to ensure equality of opportunity,
full participation, independent living,
and economic self-sufficiency for such
individuals.’’ 42 U.S.C. 12101(a)(8).
The purpose of the Americans with
Disabilities Act is ‘‘to provide a clear
and comprehensive national mandate
for the elimination of discrimination
against individuals with disabilities’’
and ‘‘to provide clear, strong, and
consistent, enforceable standards
addressing discrimination against
individuals with disabilities.’’ 42 U.S.C.
12101(b)(1) and (2). Congress directed
the Access Board to supplement the
accessibility guidelines developed
earlier for the Architectural Barriers Act
to include ‘‘additional requirements,
consistent with this Act, to ensure that
buildings, facilities, rail passenger cars,
and vehicles are accessible in terms of
architecture and design, transportation,
and communication, to individuals with
disabilities.’’ 42 U.S.C. 12204(b).
Current Guidelines Developed Primarily
for Buildings and Facilities on Sites
The Access Board’s current
accessibility guidelines were issued in
10 101 Cong. Rec. H4629 and 4630 (July 12, 1990);
101 Cong. Rec. S9695 (July 13, 1990).
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2004 and are known as the Americans
with Disabilities Act and Architectural
Barriers Act Accessibility Guidelines
(hereinafter referred to as ‘‘2004 ADA
and ABA Accessibility Guidelines’’).11
69 FR 44083 (July 23, 2004). The 2004
ADA and ABA Accessibility Guidelines
revised and updated the Americans
with Disabilities Act Accessibility
Guidelines, which were issued by the
Access Board in 1991 (hereinafter
referred to as ‘‘1991 ADAAG’’). 56 FR
35408 (July 26, 1991). The requirements
in the 1991 ADAAG and 2004 ADA and
ABA Accessibility Guidelines were
developed primarily for buildings and
facilities on sites.12 Some of the
requirements can be readily applied to
pedestrian facilities in the public rightof-way. However, other requirements
need to be adapted for pedestrian
facilities in the public right-of-way.
Proposed Guidelines Developed
Specifically for Pedestrian Facilities in
the Public Right-of-Way
The proposed guidelines are
developed specifically for pedestrian
facilities in the public right-of-way and
address conditions and constraints that
exist in the public right-of-way. As
discussed below under the Major Issues,
the requirements in the proposed
guidelines make allowances for typical
roadway geometry and permit flexibility
11 The 2004 ADA and ABA Accessibility
Guidelines are codified in 36 CFR part 1191 and
consist of six appendices:
Appendix A is the Table of Contents to the
guidelines;
Appendix B contains ADA Chapters 1 and 2,
which include application and scoping
requirements for the design, construction, and
alteration of facilities covered by the Americans
with Disabilities Act;
Appendix C contains ABA Chapters 1 and 2,
which include application and scoping
requirements for the design, construction, and
alteration of facilities covered by the Architectural
Barriers Act;
Appendix D contains Chapters 3 through 10,
which include common technical requirements for
the design, construction, and alteration of facilities
covered by the Americans with Disabilities Act or
the Architectural Barriers Act;
Appendix E contains the index of terms and list
of figures included in the guidelines; and
Appendix F contains additions and modifications
to the guidelines issued by the Department of
Transportation.
The DOJ 2010 Standards and the Department of
Transportation standards for transportation
facilities used in the provision of transportation
services covered by the transportation parts of Title
II of the ADA and facilities covered by Section 504
adopt Appendices B and D, with additions and
modifications. The General Services Administration
standards for facilities covered by the Architectural
Barriers Act adopt Appendices C and D, without
additions and modifications.
12 The term ‘‘site’’ is defined in the 1991 ADAAG
(see 3.5) and 2004 ADA and ABA Accessibility
Guidelines (see 106.5 and F106.5) as a ‘‘parcel of
land bounded by a property line or a designated
portion of a public right-of-way.’’
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in alterations to existing facilities where
existing physical constraints make it
impractical to fully comply with new
construction requirements. The
proposed guidelines also include
requirements for elements and facilities
that exist only in the public right-of-way
such as pedestrian signals and
roundabouts.
Rulemaking History
The Access Board began developing
accessibility guidelines for pedestrian
facilities in the public right-of-way
shortly after the Americans with
Disabilities Act was enacted in 1990.
Proposed guidelines for state and local
government facilities, including
pedestrian facilities in the public rightof-way, were initially issued in 1992. 57
FR 60612 (December 21, 1992). Interim
guidelines were issued in 1994. 59 FR
31676 (June 20, 1994). Final guidelines
were issued in 1998, but did not include
requirements for pedestrian facilities in
the public right-of-way because
comments submitted on the proposed
and interim guidelines demonstrated a
need for additional research, as well as
education and outreach. 63 FR 2000
(January 13, 1998).
The Access Board subsequently
sponsored research on accessible
pedestrian signals and pedestrian
pushbuttons, detectable warning
surfaces, and pedestrian facilities at
roundabouts.13 The Access Board also
produced a series of videos, a design
guide, and an accessibility checklist for
pedestrian facilities in the public rightof-way, and conducted training
programs around the country. The
Access Board coordinated its work with
organizations representing state and
local government transportation officials
and other transportation industry
professionals, including the American
Association of State Highway and
Transportation Officials, Institute of
Transportation Engineers, National
Committee on Uniform Traffic Control
Devices, and Transportation Research
Board.
The Access Board established a
federal advisory committee in 1999 to
recommend accessibility guidelines for
pedestrian facilities in the public rightof-way. The advisory committee
included representatives of state and
local governments, the transportation
industry, disability organizations, and
13 The reports on the research sponsored by the
Access Board and technical assistance materials on
accessible design of pedestrian facilities in the
public right-of-way are available on the Access
Board Web site at: https://www.access-board.gov/
prowac/index.htm.
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other interested groups.14 The advisory
committee provided significant sources
of expertise and produced consensus
recommendations for accessibility
guidelines for pedestrian facilities in the
public right-of-way. The advisory
committee presented its
recommendations, ‘‘Building a True
Community: Final Report of the Public
Rights-of-Way Access Advisory
Committee’’, to the Access Board in
2001.15
The Access Board developed draft
accessibility guidelines for pedestrian
facilities in the public right-of-way
based on the advisory committee’s
recommendations, and made the draft
guidelines available for public review
and comment in 2002.16 67 FR 41206
(June 17, 2002). The Access Board
revised the draft guidelines in 2005 and
made the revised draft guidelines
available for public review to facilitate
the gathering of data for a regulatory
assessment of the potential costs and
benefits of the guidelines. 70 FR 70734
(November 23, 2005). The Access Board
entered into an interagency agreement
with the Volpe National Transportation
Systems Center (Volpe Center) to gather
data and prepare cost estimates for the
regulatory assessment.17
14 The following organizations were members of
the advisory committee: AARP, America Walks,
American Association of State Highway and
Transportation Officials, American Council of the
Blind, American Institute of Architects, American
Public Transit Association, American Public Works
Association, Association for Education and
Rehabilitation of the Blind and Visually Impaired,
Bicycle Federation of America, Californians for
Disability Rights, Canadian Standards Association
(Technical Committee on Barrier-Free Design), City
of Birmingham (Department of Planning,
Engineering and Permits), Council of Citizens with
Low Vision International, Disability and Business
Technical Assistance Centers, Disability Rights
Education and Defense Fund, Federal Highway
Administration, Hawaii Commission on Persons
with Disabilities, Hawaii Department of
Transportation, Institute of Traffic Engineers, Los
Angeles Department of Public Works (Bureau of
Street Services), Massachusetts Architectural
Access Board, Municipality of Anchorage, National
Center for Bicycling and Walking, National Council
on Independent Living, National Federation of the
Blind, New York State Department of
Transportation, Paralyzed Veterans of America,
Portland Office of Transportation, San Francisco
Mayor’s Office on Disability, State of Alaska, TASH,
Texas Department of Transportation, and The
Seeing Eye.
15 The advisory committee report is available on
the Access Board Web site at: https://www.accessboard.gov/prowac/commrept/index.htm.
16 The 2002 and 2005 draft guidelines and
comments submitted on the 2002 draft guidelines
are available on the Access Board Web site at:
https://www.access-board.gov/prowac/index.htm.
17 Volpe Center, ‘‘Cost Analysis of Public Rightsof-Way Accessibility Guidelines’’ (November 29,
2010). The document is available in the rulemaking
docket (ATBCB–2011–0004) at: https://
www.regulations.gov.
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Major Issues
Transportation officials who
commented on the 2002 draft guidelines
raised some major issues that are
addressed below.
Alterations to Existing Facilities
The draft guidelines required
alterations to existing facilities to
comply with the requirements for new
construction to the maximum extent
feasible. Most of the improvements in
the public right-of-way involve
alterations to existing facilities.
Transportation officials noted that the
meaning of the term ‘‘to the maximum
extent feasible’’ was not clear and
wanted additional guidance on how to
apply the guidelines when existing
facilities are altered.
The proposed guidelines clarify that
where elements, spaces, or facilities are
altered, each altered element, space, or
facility within the scope of the project
must comply with the applicable
requirements for new construction (see
R202.3). The phrase ‘‘within the scope
of the project’’ is intended to focus on
whether the alteration project presents
an opportunity to design the altered
element, space, or facility in an
accessible manner. It is not intended for
additional work to be done outside the
scope of the project. For example, if an
alteration project involves only
installing pedestrian signals at existing
intersections and there are no detectable
warning surfaces on the curb ramps at
the intersections, the proposed
guidelines would require accessible
pedestrian signals and pedestrian
pushbuttons to be provided at the
intersections because they are within
the scope of the project, but would not
require detectable warning surfaces to
be provided on the curb ramps because
they are not within the scope of the
project. The proposed guidelines also
clarify that where elements are altered
or added to existing facilities but the
pedestrian circulation path to the
altered or added elements is not altered,
the pedestrian circulation path is not
required to comply with the proposed
requirements for pedestrian access
routes (see R202.1). For example, if a
new bench is installed on a sidewalk
that has a cross slope exceeding 2
percent, the sidewalk is not required to
be altered to reduce the cross slope
because the bench is installed on the
sidewalk.
In addition, the proposed guidelines
recognize that it is not always possible
for altered elements, spaces, or facilities
to fully comply with new construction
requirements because of existing
physical constraints. Where existing
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physical constraints make it
impracticable for altered elements,
spaces, or facilities to fully comply with
the requirements for new construction,
compliance is required to the extent
practicable within the scope of the
project (see R202.3.1). Existing physical
constraints include, but are not limited
to, underlying terrain, right-of-way
availability, underground structures,
adjacent developed facilities, drainage,
or the presence of a notable natural or
historic feature. The proposed
guidelines permit flexibility in
alterations to existing facilities where
needed.
Existing Facilities That Are Not Altered
Transportation officials expressed
concern about application of the draft
guidelines to existing facilities that are
not altered. The proposed guidelines
clarify that the guidelines do not
address existing facilities unless they
are included within the scope of an
alteration undertaken at the discretion
of a covered entity (see R101.2).
The Department of Justice regulations
implementing Title II of the Americans
with Disabilities Act contain
requirements for state and local
governments regarding program
accessibility and existing facilities. See
28 CFR 35.150. The Department of
Transportation regulations
implementing Section 504 also contain
requirements for recipients of federal
financial assistance from the
Department regarding compliance
planning. See 49 CFR 27.11(c). The
Access Board acknowledges that
transportation officials are concerned
about their obligations under the Title II
of the Americans with Disabilities Act
and Section 504 for existing facilities
that are not altered, but the Access
Board does not have the authority to
address the application of the proposed
guidelines to existing facilities that are
not altered. When the Department of
Justice and Department of
Transportation conduct rulemaking to
include accessibility standards for
pedestrian facilities in the public rightof-way in regulations implementing
Title II of the Americans with
Disabilities Act and Section 504, they
will address the application of the
accessibility standards to existing
facilities that are not altered. Comments
concerning existing facilities that are
not altered should be directed to the
Department of Justice and Department
of Transportation when they conduct
rulemaking to include accessibility
standards for pedestrian facilities in the
public right-of-way in regulations
implementing Title II of the Americans
with Disabilities Act and Section 504.
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Allowances for Typical Roadway
Geometry
The 1991 ADAAG and 2004 ADA and
ABA Accessibility Guidelines specify a
maximum running slope of 5 percent
and maximum cross slope of 2 percent
for walking surfaces on accessible
routes. The draft guidelines adapted
these requirements for pedestrian access
routes in the public right-of-way and
made an allowance for typical roadway
geometry by permitting the grade of
pedestrian access routes within
sidewalks to equal the general grade
established for the adjacent street or
highway. The draft guidelines also
permitted the cross slope of pedestrian
access routes within midblock
pedestrian street crossings and of curb
ramps at midblock pedestrian street
crossings to equal the street or highway
grade.
Transportation officials recommended
that additional allowances be made for
typical roadway geometry. The
proposed guidelines include the
following allowances for typical
roadway geometry:
• The grade of pedestrian access
routes within sidewalks is permitted to
equal the general grade established for
the adjacent street or highway (see
R302.5).
• A maximum cross slope of 5
percent is permitted for pedestrian
access routes within pedestrian street
crossings without yield or stop control
where vehicles can proceed through the
intersection without slowing or
stopping (see R302.6.1).
• The cross slope of pedestrian access
routes within midblock pedestrian street
crossings is permitted to equal the street
or highway grade (see R302.6.2).
• The cross slope of curb ramps,
blended transitions, and turning spaces
at pedestrian street crossings without
yield or stop control where vehicles can
proceed through the intersection
without slowing or stopping, and at
midblock pedestrian street crossings are
permitted to equal the street or highway
grade (see R304.5.3).
• Clear spaces required at accessible
pedestrian signals and pedestrian
pushbuttons and at other accessible
elements are permitted to have a
running slope consistent with the grade
of the adjacent pedestrian access route
(see R404.2).
A maximum grade of 5 percent and
maximum cross slope of 2 percent are
required otherwise for pedestrian access
routes within sidewalks and pedestrian
street crossings (see R302.5 and R302.6).
Overview of Proposed Guidelines
The proposed guidelines apply to
pedestrian facilities in the public right-
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of-way. The proposed guidelines define
the public right-of-way to mean ‘‘public
land or property, usually in
interconnected corridors, that is
acquired for or dedicated to
transportation purposes’’ (see R105.5).
The proposed guidelines ensure that the
following facilities for pedestrian
circulation and use located in the public
right-of-way are readily accessible to
and usable by pedestrians with
disabilities:
• Sidewalks, pedestrian overpasses
and underpasses, and other pedestrian
circulation paths, including
requirements for pedestrian access
routes, alternate pedestrian access
routes when pedestrian circulation
paths are temporarily closed, and
protruding objects along or overhanging
pedestrian circulation paths;
• Pedestrian street crossings,
medians, and pedestrian refuge islands,
including requirements for curb ramps
or blended transitions, and detectable
warning surfaces;
• Pedestrian street crossings at
roundabouts, including requirements for
detectable edge treatments where
pedestrian crossing is not intended, and
pedestrian activated signals at multilane pedestrian street crossings;
• Pedestrian street crossings at multilane channelized turn lanes at
roundabouts and at other signalized
intersections, including requirements
for pedestrian activated signals;
• Pedestrian signals, including
requirements for accessible pedestrian
signals and pedestrian pushbuttons;
• Transit stops and transit shelters for
buses and light rail vehicles, including
requirements for boarding and alighting
areas at sidewalk or street level,
boarding platforms, and route signs;
• Pedestrian at-grade rail crossings,
including requirements for flangeway
gaps;
• On-street parking that is marked or
metered, and passenger loading zones;
• Pedestrian signs, including
requirements for visible characters on
signs and alternative requirements for
audible sign systems and other
technologies;
• Street furniture for pedestrian use,
including drinking fountains, public
toilet facilities, tables, counters, and
benches; and
• Ramps, stairways, escalators,
handrails, doors, doorways, and gates.
Use of Mandatory Language in
Proposed Guidelines
The proposed guidelines use the
mandatory language ‘‘shall’’ and
‘‘requirement’’ because the guidelines
are intended to be adopted, with or
without additions and modifications, as
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accessibility standards in regulations
issued by other federal agencies
implementing Title II of the Americans
with Disabilities Act, Section 504, and
the Architectural Barriers Act. In this
regard, the proposed guidelines are
analogous to model codes. Model codes
use mandatory language but compliance
with model codes is not mandatory
until they are adopted by a state or local
government. When the Access Board’s
guidelines are adopted, with or without
additions and modifications, as
accessibility standards in regulations
issued by other federal agencies
implementing Title II of the Americans
with Disabilities Act, Section 504, and
the Architectural Barriers Act,
compliance with the accessibility
standards is mandatory. The other
federal agencies will conduct separate
rulemakings to include accessibility
standards for pedestrian facilities in the
public right-of-way in regulations
implementing Title II of the Americans
with Disabilities Act, Section 504, and
the Architectural Barriers Act. The other
federal agencies will establish the
effective dates for compliance with the
accessibility standards when they
complete their rulemakings. The other
federal agencies may permit use of the
proposed guidelines as best practices
pending the completion of their
rulemakings. However, the proposed
guidelines are not legally enforceable
until adopted, with or without additions
and modifications, as accessibility
standards by other federal agencies in
regulations implementing Title II of the
Americans with Disabilities Act, Section
504, and the Architectural Barriers Act.
Impacts on State and Local
Governments
When the proposed guidelines are
adopted, with or without additions and
modifications, as accessibility standards
by other federal agencies in the
regulations implementing Title II of the
Americans with Disabilities Act, Section
504, and the Architectural Barriers Act,
the accessibility standards will apply to
units of state and local government that
construct streets and highways.18 For
ease of reference, these state and local
governmental units are referred to as
18 Private entities that design, construct, or alter
places of public accommodation or commercial
facilities on sites are required to comply with
accessibility standards included in regulations
issued by the Department of Justice to implement
Title III of the Americans with Disabilities Act. See
28 CFR 36.401 through 36.406. State or local laws
may require sites with frontage on the public rightof-way or frontage that will revert to the public
right-of-way to make frontage improvements in
accordance with state or local standards which
contain accessibility requirements that are similar
to the proposed guidelines.
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‘‘state and local transportation
departments’’ in this preamble but may
go by different names (e.g., public works
departments, or highway or streets
departments) in their respective
jurisdictions. State and local
transportation departments may be
required to comply with three
accessibility standards. For example, a
state or local transportation department
that finances the design, construction,
or alteration of a pedestrian facility in
the public right-of-way with a federal
grant or loan from the Department of
Transportation would be required to
comply with the accessibility standards
issued by the Department of Justice in
regulations implementing Title II of the
Americans with Disabilities Act, the
accessibility standards issued by the
Department of Transportation in
regulations implementing Section 504,
and the accessibility standards issued
by the General Services Administration
in regulations implementing the
Architectural Barriers Act. All three
accessibility standards would be
basically uniform because they adopt
the proposed guidelines, but may vary
to the extent that Department of Justice,
Department of Transportation, and
General Services Administration
include additions or modifications to
the proposed guidelines in their
accessibility standards.
The Access Board prepared a
regulatory assessment of the potential
costs and benefits of the proposed
guidelines. The regulatory assessment is
available in the regulatory docket at
https://www.regulations.gov and on the
Access Board Web site at: https://
www.access-board.gov/prowac/
index.htm. The proposed guidelines are
compared to a baseline to assess their
potential costs and benefits. The
baseline is how state and local
transportation departments would
design and construct pedestrian
facilities in the public right-of-way in
the absence of the proposed guidelines.
All state transportation departments
maintain design manuals and standard
drawings for improvements in the
public right-of-way.19 Most local
transportation department also maintain
design manuals and standard drawings
for improvements in the public right-ofway that are consistent with the design
manuals and standard drawings
maintained by their state transportation
departments. State and local
19 Links to the design manuals and standard
drawings maintained by state transportation
departments are available on the Federal Highway
Administration Web site at: https://
www.fhwa.dot.gov/programadmin/
statemanuals.cfm and https://www.fhwa.dot.gov/
programadmin/statestandards.cfm.
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transportation departments use
publications issued by the American
Association of State and Highway
Transportation Officials (AASHTO) in
their design manuals and standard
drawings, including the ‘‘Policy on
Geometric Design of Highways and
Streets’’ (2004) (commonly referred to as
the ‘‘AASHTO Green Book’’) and the
‘‘Guide for the Planning, Design, and
Operation of Pedestrian Facilities’’
(2004) which incorporate accessibility
in the design of sidewalks and other
pedestrian facilities.20 The Federal
Highway Administration as part of its
stewardship and oversight
responsibilities has also worked with
state transportation departments to
incorporate accessibility in their design
manuals and standards drawings. The
Federal Highway Administration has
issued guidance that the accessibility
standards in the Department of Justice
regulations implementing Title II of the
Americans with Disabilities Act and the
Department of Transportation
regulations implementing Section 504
‘‘are to be used to the extent feasible’’
for the design of pedestrian facilities in
the public right-of-way until new
accessibility standards are adopted for
these facilities.21 The Federal Highway
Administration has also issued guidance
that the 2005 draft of the proposed
guidelines for pedestrian facilities in the
public right-of-way ‘‘are the currently
recommended best practices, and can be
considered the state of the practice that
could be followed for areas not fully
addressed’’ in the existing accessibility
standards.22
In the absence of the proposed
guidelines, the regulatory assessment
assumes that state and local
transportation departments will use the
revised accessibility standards in the
Department of Justice regulations
20 The AASHTO ‘‘Policy on Geometric Design of
Highways and Streets’’ and ‘‘Guide for the
Planning, Design, and Operation of Pedestrian
Facilities’’ incorporate accessibility in the design of
sidewalks, including minimum clear width, passing
spaces, grade, cross slope, protruding objects, and
surface treatments; curb ramps, including
detectable warning surfaces; pedestrian overpasses
and underpasses; and transit stops and transit
shelters.
21 See Federal Highway Administration, Office of
Program Administration, ‘‘Pedestrians and
Accessible Design’’ at: https://www.fhwa.dot.gov/
programadmin/pedestrians.cfm. When the
guidance was issued, the applicable accessibility
standards in the Department of Justice regulations
implementing Title II of the Americans with
Disabilities Act and the Department of
Transportation regulations implementing Section
504 adopted the 1991 ADAAG and permitted the
Uniform Federal Accessibility Standards to be used.
22 See Federal Highway Administration, ‘‘Public
Rights-of-Way Access Advisory’’ (January 23, 2006)
at: https://www.fhwa.dot.gov/environment/bikeped/
prwaa.htm.
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implementing Title II of the Americans
with Disabilities Act (hereinafter
referred to as ‘‘DOJ 2010 Standards’’) to
the extent feasible when designing,
constructing, or altering pedestrian
facilities in the public right-of-way,
consistent with the guidance issued by
the Federal Highway Administration, as
well as other applicable standards and
industry practices.23 An analysis of the
proposed guidelines compared to the
DOJ 2010 Standards, other applicable
standards, and industry practices is
included in the appendix to the
regulatory assessment. The analysis
consists of three tables.
Table 1. Proposed Guidelines Contain
Same Requirements as in DOJ 2010
Standards
Table 1 analyzes requirements in the
proposed guidelines that are the same as
requirements in the DOJ 2010
Standards.24 The requirements in the
proposed guidelines in Table 1 will
have no impacts on state and local
transportation departments compared to
the requirements in the DOJ 2010
Standards because the requirements are
the same.
Table 2. Proposed Guidelines Adapt
Requirements in DOJ 2010 Standards
Table 2 analyzes requirements in the
proposed guidelines that adapt
requirements in the DOJ 2010 Standards
to allow for conditions and constraints
in the public right-of-way.25 The
requirements in the proposed guidelines
in Table 2 do not establish greater
requirements for accessibility in the
public right-of-way than the
requirements in the DOJ 2010 Standards
and industry practices. Some of the
requirements in the proposed guidelines
in Table 2 establish lesser requirements
for accessibility in the public right-ofway than the requirements in the DOJ
2010 Standards. For example, where the
pedestrian access route in a sidewalk is
contained within the street or highway
23 See footnote 5 regarding the DOJ 2010
standards and effective dates.
24 The requirements analyzed in Table 1 include:
Drinking fountains, public toilet facilities, tables,
counters, passenger loading zones, ramps,
stairways, handrails, doors, doorways, gates,
operable parts, clear spaces, knee and toe clearance,
and reach ranges.
25 The requirements analyzed in Table 2 include:
Sidewalks and other pedestrian circulation paths,
pedestrian street crossings, pedestrian overpasses
and underpasses, pedestrian at-grade rail crossings,
curb ramps and blended transitions, protruding
objects, transit stops and transit shelters used by
buses and light rail vehicles, on-street parking, and
escalators. The requirements for transit stops and
transit shelters used by buses and light vehicles are
compared to the accessibility standards in the
Department of Transportation regulations
implementing the public transportation parts of
Title II of the Americans with Disabilities Act.
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right-of-way, the grade of the pedestrian
access route is permitted to equal the
general grade established for the
adjacent street or highway to allow for
typical roadway geometry instead of the
running slope requirements for
accessible routes on sites. The
requirements in the proposed guidelines
in Table 2 will have no impacts on state
and local transportation departments
compared to the requirements in the
DOJ 2010 Standards and industry
practices, except for the 2 percent
maximum cross slope requirement for
pedestrian access routes contained
within pedestrian street crossings with
stop or yield control where vehicles
slow or stop before proceeding through
the intersection (see R204.3 and
R302.6). This requirement will have
more than minimal impacts on the
design and construction of new tabled
intersections in hilly urban areas that
contain pedestrian street crossings with
stop or yield control. The impacts are
analyzed in the regulatory assessment
and discussed below under Cross Slope
(R302.6) in the Section-by-Section
Analysis.
Table 3. Proposed Guidelines Contain
Requirements Not in DOJ 2010
Standards
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Table 3 analyzes requirements in the
proposed guidelines for which there are
no corresponding requirements in the
DOJ 2010 Standards.26 The
requirements in the proposed guidelines
in Table 3 are compared to other
applicable accessibility standards and
the 2009 edition of Manual on Uniform
Traffic Control Devices for Streets and
Highways (MUTCD). Where the
requirements in the proposed guidelines
in Table 3 are the same as the
requirements in other applicable
accessibility standards or the MUTCD,
the requirements will have no impacts
on state and local transportation
departments. Where a requirement in
the proposed guidelines in Table 3
differs from a corresponding
requirement in other applicable
accessibility standards or there is no
corresponding requirement in other
applicable accessibility standards, the
analysis used the following factors to
identify whether the requirement will
have more than minimal impacts on
26 The requirements analyzed in Table 3 include:
Alternate pedestrian access routes, pedestrian
signal phase timing, accessible pedestrian signals
and pedestrian pushbuttons, pedestrian street
crossings at roundabouts, detectable warning
surfaces on curb ramps and blended transitions at
pedestrian street crossings, detectable warning
surfaces on pedestrian at-grade rail crossings not
located within a street or highway, pedestrian signs,
and benches.
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state and local transportation
departments:
• Whether the requirement can be
easily incorporated into the design of
the element or facility?
• Whether the requirement adds
features to the element or facility?
• Whether the requirement reduces
space needed for other purposes?
• What are the additional costs due to
the requirement compared to the total
design and construction costs for the
element or facility?
A requirement that can be easily
incorporated into the design of an
element or facility, and does not add
features to the element or facility or
reduce space needed for other purposes
will have minimal impacts on state and
local transportation departments. A
requirement that cannot be easily
incorporated into the design of an
element or facility, adds features to the
element or facility, or reduces space
needed for other purposes and that
results in additional costs compared to
the total design and construction costs
of the element or facility which are not
negligible (i.e., are worth considering)
will have more than minimal impacts
on state and local transportation
departments.
The analysis identified three
requirements in the proposed guidelines
in Table 3 that will have more than
minimal impacts on state and local
transportation departments:
• Detectable warning surfaces on curb
ramps and blended transitions at
pedestrian street crossings (see R208.1
and R305);
• Accessible pedestrian signals and
pedestrian pushbuttons (see R209); and
• Pedestrian activated signals at
roundabout intersections with multilane pedestrian street crossings (see
R206 and R306.3.2).
The impacts of these requirements are
analyzed in the regulatory assessment
and are discussed below under the
relevant requirements in the Section-bySection Analysis.
Question 1. Comments are requested
on whether other requirements in the
proposed guidelines will have more
than minimal impacts on state and local
transportation departments, in addition
to the requirements identified in Tables
2 and 3. Comments should:
• Identify the requirement by section
number or other information that
identifies the specific requirement;
• Explain why the requirement will
have more than minimal impacts using
the factors described above or other
appropriate factors; and
• Provide estimates of the additional
costs due to the requirement compared
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to the total design and construction
costs for the element or facility.
Question 2. Comments are requested
on whether the requirements in the
proposed guidelines have any
unintended positive or negative
consequences.
Question 3. Comments are requested
on alternative regulatory approaches for
achieving the objectives of the
Americans with Disabilities Act, Section
504, and Architectural Barriers Act to
eliminate the discriminatory effects of
architectural, transportation, and
communication barriers in the design
and construction of pedestrian facilities
in the public right-of-way.
Section-by-Section Analysis
The proposed guidelines consist of
four chapters. Chapter R1 addresses the
application and administration of the
proposed guidelines. Chapter R2
contains scoping requirements. Chapter
R3 contains technical requirements.
Chapter R4 contains supplementary
technical requirements, which are the
same as in the 2004 ADA and ABA
Accessibility Guidelines with a few
exceptions. The sections in each chapter
are discussed below. Sections marked as
‘‘advisory’’ contain advisory
information related to the preceding
section. Advisory sections do not
establish mandatory requirements.
Some advisory sections reference
related mandatory requirements to alert
readers about those requirements.
The Access Board is committed to
writing guidelines that are clear,
concise, and easy to understand so that
persons who use the guidelines know
what is required. If any of the proposed
guidelines are ambiguous or not clear,
point out the problematic language in
your comments so it can be improved in
the final guidelines.
Chapter R1: Application and
Administration
R101
Purpose
The proposed guidelines contain
scoping and technical requirements to
ensure that facilities for pedestrian
circulation and use located in the public
right-of-way are readily accessible to
and usable by pedestrians with
disabilities. When the guidelines are
adopted, with or without additions and
modifications, as accessibility standards
in regulations issued by other federal
agencies implementing Title II of the
Americans with Disabilities Act, Section
504, and the Architectural Barriers Act,
compliance with the accessibility
standards is mandatory.
The proposed guidelines do not
address existing facilities unless they
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are included within the scope of an
alteration to an existing facility
undertaken at the discretion of a
covered entity. The Department of
Justice regulations implementing Title II
of the Americans with Disabilities Act
contain requirements for state and local
governments regarding program
accessibility and existing facilities. See
28 CFR 35.150. The Department of
Transportation regulations
implementing Section 504 also contain
requirements for recipients of federal
financial assistance from the
Department regarding compliance
planning. See 49 CFR 27.11(c). As
discussed above under the Major Issues,
transportation officials who commented
on the 2002 draft guidelines expressed
concern about existing facilities that are
not altered. When the Department of
Justice and Department of
Transportation conduct rulemaking to
include accessibility standards for
pedestrian facilities in the public rightof-way in regulations implementing
Title II of the Americans with
Disabilities Act and Section 504, they
will address the application of the
accessibility standards to existing
facilities that are not altered. Comments
concerning existing facilities that are
not altered should be directed to the
Department of Justice and Department
of Transportation when they conduct
rulemaking to include accessibility
standards for pedestrian facilities in the
public right-of-way in regulations
implementing Title II of the Americans
with Disabilities Act and Section 504.
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R102 Equivalent Facilitation
The use of alternative designs,
products, or technologies that result in
substantially equivalent or greater
accessibility and usability than the
proposed guidelines is permitted.
R103 Conventions
Conventional industry tolerances
apply where dimensions are not stated
as a range. Where the required number
of accessible facilities or elements is
based on ratios or percentages and
remainders or fractions result, the next
greater whole number is required.
Where the required size or dimension of
a facility or element is based on ratios
or percentages, rounding down for
values less than one half is permitted.
Measurements are stated in metric and
U.S. customary units, and each system
of measurement is to be used
independently of the other.
R104 Referenced Standards
The proposed guidelines incorporate
by reference certain standards in the
2009 edition of the Manual on Uniform
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Traffic Control Devices for Streets and
Highways (MUTCD). The referenced
MUTCD standards are discussed below
under the relevant requirements
regarding the provision of alternate
pedestrian access routes when a
pedestrian circulation path is
temporarily closed, the provision of
accessible pedestrian signals and
pedestrian pushbuttons, and pedestrian
signal phase timing. The MUTCD is
available on the Federal Highway
Administration Web site at: https://
mutcd.fhwa.dot.gov.
R105 Definitions
The proposed guidelines incorporate
the MUTCD definitions for the
following terms: Highway, intersection,
island, median, pedestrian, roundabout,
sidewalk, splitter island, and street. The
proposed guidelines define the
following terms: Accessible, alteration,
blended transition, cross slope, curb
line, curb ramp, element, facility, grade
break, operable part, pedestrian access
route, pedestrian circulation path,
public right-of-way, qualified historic
facility, running slope, and vertical
surface discontinuities. These
definitions are discussed in the sections
where the terms are used. Collegiate
dictionaries are used to determine the
meaning of terms that are not defined in
the proposed guidelines, referenced
MUTCD standards, or regulations issued
by federal agencies that adopt the
proposed guidelines as accessibility
standards. Singular and plural words,
terms, and phrases are used
interchangeably.
Chapter R2: Scoping Requirements
Scoping requirements specify what
pedestrian facilities must comply with
the proposed guidelines. Some of the
scoping requirements are triggered
where certain pedestrian facilities are
provided such as pedestrian signals (see
R209), street furniture (see R212), transit
stops and transit shelters (see R213), onstreet parking (see R214), and passenger
loading zones (see R215). The scoping
requirements reference the technical
requirements that each pedestrian
facility must comply with in order to be
considered accessible. The technical
requirements are discussed in Chapters
R3 and R4.
R201 Application
The proposed guidelines apply to
newly constructed facilities, altered
portions of existing facilities, and
elements added to existing facilities for
pedestrian circulation and use located
in the public right-of-way. The proposed
guidelines apply to both permanent and
temporary facilities in the public right-
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of-way. An advisory section provides
examples of temporary facilities in the
public right-of-way that are covered by
the scoping requirements (e.g.,
temporary pedestrian circulation routes
around work zones and portable public
toilets).
Buildings and structures in the public
right-of-way that are not covered by the
proposed guidelines must comply with
the applicable requirements in the 2004
ADA and ABA Accessibility Guidelines.
An advisory section provides examples
of buildings and structures in the public
right-of-way that are not covered by the
proposed guidelines and must comply
with the applicable requirements in the
2004 ADA and ABA Accessibility
Guidelines (e.g., towers and temporary
performance stages and reviewing
stands).
R202 Alterations and Elements Added
to Existing Facilities
The proposed guidelines apply to
alterations and elements added to
existing facilities. Alterations are
changes to an existing facility that affect
or could affect pedestrian access,
circulation, or use (see R105.5).
Alterations include, but are not limited
to, resurfacing, rehabilitation,
reconstruction, historic restoration, or
changes or rearrangement of structural
parts or elements of a facility. The
Department of Justice and Department
of Transportation may provide guidance
on the meaning of the word
‘‘resurfacing’’ when they conduct
rulemaking to include accessibility
standards for pedestrian facilities in the
public right-of-way in regulations
implementing Title II of the Americans
with Disabilities Act and Section 504.
Comments requesting guidance on the
meaning of the term ‘‘resurfacing’’
should be directed to the Department of
Justice and Department of
Transportation when they conduct
rulemaking to include accessibility
standards for pedestrian facilities in the
public right-of-way in regulations
implementing Title II of the Americans
with Disabilities Act and Section 504.
Where elements are altered or added
to existing facilities but the pedestrian
circulation path to the altered or added
elements is not altered, the pedestrian
circulation path is not required to
comply with the proposed requirements
for pedestrian access routes. For
example, if a new bench is installed on
an existing sidewalk that has a cross
slope exceeding 2 percent, the sidewalk
is not required to be altered to reduce
the cross slope because the bench is
installed on the sidewalk. Advisory
information recommends that, where
possible, added elements should be
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located on an existing pedestrian access
route. This provision is based on similar
provisions in the 2004 ADA and ABA
Accessibility Guidelines which do not
require the circulation path to altered
elements or spaces to comply with the
requirements for accessible routes
where the circulation path to the altered
elements or spaces is not altered (see
202.3, Exception 1; and F202.3,
Exception 1).
Where existing physical constraints
make it impractical for altered elements,
spaces, or facilities to fully comply with
new construction requirements,
compliance is required to the extent
practicable within the scope of the
project. Existing physical constraints
include, but are not limited to,
underlying terrain, right-of-way
availability, underground structures,
adjacent developed facilities, drainage,
or the presence of a notable natural or
historic feature.
The 2004 ADA and ABA Accessibility
Guidelines (see 202.4 and F202.4) and
the Department of Justice regulations
implementing Title II of the Americans
with Disabilities Act (see 28 CFR
35.151(b)) include an additional
requirement for facilities on sites
whereby an alteration that affects or
could affect the usability of or access to
an area containing a ‘‘primary function’’
must be made so as to ensure that, to the
maximum extent feasible, the ‘‘path of
travel’’ to the altered area is accessible,
unless the additional cost and scope of
the alterations to provide an accessible
‘‘path of travel’’ are disproportionate to
the cost of the alteration to the ‘‘primary
function’’ area. The Department of
Justice regulations define the terms
‘‘primary function’’ and ‘‘path of
travel’’. See 28 CFR 35.151(b)(4)(i) and
(ii). According to the Department of
Justice regulations, a ‘‘primary
function’’ is a major activity for which
the facility is intended. ‘‘Primary
function’’ areas include the dining area
of a cafeteria, the meeting rooms in a
conference center, as well as offices and
other work areas in which the activities
of the public entity using the facility are
carried out. Mechanical rooms, boiler
rooms, supply storage rooms, employee
lounges or locker rooms, janitorial
closets, entrances, and corridors are not
‘‘primary function’’ areas. Restrooms are
not ‘‘primary function’’ areas unless the
provision of restrooms is a primary
purpose of the area (e.g., restrooms in
highway rest stops). Alterations to
windows, hardware, controls, electrical
outlets, and signage are not alterations
that affect the usability of or access to
a ‘‘primary function’’ area. The
Department of Justice regulations
further state that a ‘‘path of travel’’
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includes a continuous, unobstructed
way of pedestrian passage by means of
which the altered area may be
approached, entered, and exited, and
which connects the altered area with an
exterior approach (including sidewalks,
streets, and parking areas), an entrance
to the facility, and other parts of the
facility. An accessible ‘‘path of travel’’
may consist of walks and sidewalks;
curb ramps and other interior or exterior
pedestrian ramps; clear floor paths
through lobbies, corridors, rooms, and
other improved areas; parking access
aisles; elevators and lifts; or a
combination of these elements; and also
includes the restrooms, telephones, and
drinking fountains serving the altered
area.
The Department of Justice regulations
deem the additional cost of alterations
to provide an accessible ‘‘path of travel’’
to the altered area disproportionate
when it exceeds 20 percent of the cost
of the alteration to the ‘‘primary
function’’ area. See 28 CFR
35.151(b)(4)(iii). When the additional
cost of alterations to provide an
accessible ‘‘path of travel’’ to the altered
area is disproportionate, the Department
of Justice regulations require the ‘‘path
of travel’’ to be made accessible to the
extent that it can be made accessible
without incurring disproportionate costs
(i.e., an amount equal to 20 percent of
the cost of the alteration to the ‘‘primary
function’’ area must be expended to
provide an accessible ‘‘path of travel’’ to
the altered area). See 28 CFR
35.151(b)(4)(iv). A similar requirement
is not included in the proposed
guidelines because of the uncertainty
how the terms ‘‘primary function’’ and
‘‘path of travel’’ as defined in the
Department of Justice regulations for
facilities on sites would apply to
pedestrian facilities in the public rightof-way. Revising the definitions of
‘‘primary function’’ and ‘‘path of travel’’
to apply to pedestrian facilities in the
public right-of-way will not necessarily
result in additional accessibility. For
example, if an area that contains a
‘‘primary function’’ is defined to
include sidewalks, an accessible ‘‘path
of travel’’ would be required to the
altered sidewalks, which in effect would
require the cost and scope of planned
sidewalk alteration projects to be
increased by 20 percent. Sidewalk
alteration projects can be planned to
take into account the additional 20
percent scope and cost of work. For
example, if a 5 block sidewalk alteration
project would be planned in the absence
of a requirement for an accessible ‘‘path
of travel’’ to the altered sidewalks,
imposing a requirement for an
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accessible ‘‘path of travel’’ to the altered
sidewalks could result in a 4 block
sidewalk alteration project being
planned and the additional 20 percent
scope and cost of work would result in
a 5 block sidewalk alteration project.
Transitional segments of pedestrian
access routes must connect to unaltered
segments of existing pedestrian
circulation paths and comply with the
technical requirements for pedestrian
access routes to the extent practicable.
Alterations must not decrease or have
the effect of decreasing the accessibility
of a facility or an accessible connection
to an adjacent building or site below the
requirements for new construction in
effect at the time of the alteration.
Where the State Historic Preservation
Officer or Advisory Council on Historic
Preservation determines that
compliance with a requirement would
threaten or destroy historically
significant features of a qualified
historic facility, compliance is required
to the extent that it does not threaten or
destroy historically significant features
of the facility. A qualified historic
facility is a facility that is listed in or is
eligible for listing in the National
Register of Historic Places, or is
designated as historic under state or
local law (see R105.5)
R203
Machinery Spaces
Vaults, tunnels, and other spaces used
by service personnel only are not
required to comply with the proposed
guidelines.
R204
Pedestrian Access Routes
A pedestrian access route is a
continuous and unobstructed path of
travel provided for pedestrians with
disabilities within or coinciding with a
pedestrian circulation path in the public
right-of-way (see R105.5). Pedestrian
access routes in the public right-of-way
ensure that the transportation network
used by pedestrians is accessible to
pedestrians with disabilities. Pedestrian
access routes in the public right-of-way
are analogous to accessible routes on
sites in that they connect to accessible
elements, spaces, and facilities in the
public right-of-way, including
accessible pedestrian signals and
pedestrian pushbuttons, accessible
street furniture, accessible transit stops
and transit shelters, accessible on-street
parking spaces and parking meters and
parking pay stations serving those
parking spaces, and accessible
passenger loading zones. Pedestrian
access routes in the public right-of-way
also connect to accessible routes at
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building and facility site arrival
points.27
Pedestrian access routes must be
provided within:
• Sidewalks and other pedestrian
circulation paths located in the public
right-of-way;
• Pedestrian street crossings and atgrade rail crossings, including medians
and pedestrian refuge islands; and
• Overpasses, underpasses, bridges,
and similar structures that contain
pedestrian circulation paths.
Where an overpass, underpass, bridge,
or similar structure is designed for
pedestrian use only and the approach
slope to the structure exceeds 5 percent,
a ramp, elevator, limited use/limited
application elevator, or platform lift
must be provided. Elevators and
platform lifts must be unlocked during
the operating hours of the facility
served.
An advisory section notes that the
Federal Highway Administration has
issued guidance on the obligations of
state and local governments to keep
pedestrian access routes open and
usable throughout the year, including
snow and debris removal.
R205 Alternate Pedestrian Access
Routes
Alternate pedestrian access routes
must be provided when a pedestrian
circulation path is temporarily closed by
construction, alterations, maintenance
operations, or other conditions. The
alternate pedestrian access route must
comply with the referenced MUTCD
standards. The MUTCD standards
require alternate pedestrian routes to be
accessible and detectable, including
warning pedestrians who are blind or
have low vision about sidewalk
closures. Proximity-actuated audible
signs are a preferred means to warn
pedestrians who are blind or have low
vision about sidewalk closures.
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R206 Pedestrian Street Crossings
Pedestrian street crossings must
comply with technical requirements in
Chapter R3 that reference MUTCD
standards for pedestrian signal phase
timing. The technical requirements in
Chapter R3 also include requirements
for roundabouts and multi-lane
channelized turn lanes.
R207 Curb Ramps and Blended
Transitions
Curb ramps, blended transitions, or a
combination of curb ramps and blended
transitions must connect the pedestrian
27 The
ADA and ABA Accessibility Guidelines
require accessible routes on sites to connect to site
arrival points, including public streets and
sidewalks (see 206.2.1 and F206.2.1).
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access routes at each pedestrian street
crossing. Curb ramps and blended
transitions must be wholly contained
within the pedestrian street crossings
served. Typically, two curb ramps must
be provided at each street corner. In
alterations where existing physical
constraints prevent two curb ramps
from being installed at a street corner,
a single diagonal curb ramp is permitted
at the corner.
R208
Detectable Warning Surfaces
Detectable warning surfaces consist of
small truncated domes built in or
applied to a walking surface that are
detectable underfoot. On pedestrian
access routes, detectable warning
surfaces indicate the boundary between
a pedestrian route and a vehicular route
where there is a flush rather than a
curbed connection for pedestrians who
are blind or have low vision. Detectable
warning surfaces are not intended to
provide wayfinding for pedestrians who
are blind or have low vision. An
advisory section provides information
on streetscape designs that can make
wayfinding easier. Detectable warning
surfaces must be provided at the
following locations on pedestrian access
routes and at transit stops:
• Curb ramps and blended transitions
at pedestrian street crossings;
• Pedestrian refuge islands;
• Pedestrian at-grade rail crossings
not located within a street or highway;
• Boarding platforms at transit stops
for buses and rail vehicles where the
edges of the boarding platform are not
protected by screens or guards; and
• Boarding and alighting areas at
sidewalk or street level transit stops for
rail vehicles where the side of the
boarding and alighting areas facing the
rail vehicles is not protected by screens
or guards.
Detectable warning surfaces are not
required at pedestrian refuge islands
that are cut-through at street level and
are less than 1.8 meters (6 feet) in length
in the direction of pedestrian travel
because detectable warning surfaces
must extend 610 millimeters
(2 feet) minimum on each side of the
island and be separated by a 610
millimeters (2 feet) minimum length of
island without detectable warning
surfaces (see R305.1.4 and R305.2.4).
Installing detectable warning surfaces at
cut-through pedestrian islands that are
less than 1.8 meters (6 feet) in length
would compromise the effectiveness of
detectable warning surfaces. An
advisory section recommends that
where a cut-through pedestrian island is
less than 1.8 meters (6 feet) in length
and the pedestrian street crossing is
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44673
signalized, the signal should be timed
for a complete crossing of the street.
Comments From Individuals Who Are
Blind or Have Low Vision
The National Federation of the Blind
was a member of the advisory
committee that recommended the
proposed guidelines, but filed a
minority report recommending
detectable warning surfaces should be
required only on curb ramps with slopes
of 6.6 percent or less, and at medians
and pedestrian refuge islands.
Comments on the 2002 draft guidelines
from individuals who identified
themselves as blind or having low
vision supported requiring detectable
warning surfaces on all curb ramps by
a margin of 2:1.
Detectable Warning Surfaces on Curb
Ramps
When the Access Board issued the
1991 ADAAG, the guidelines contained
a requirement for detectable warning
surfaces on curb ramps. The
requirement was temporarily suspended
between 1994 and 2001 pending
additional research and review of issues
relating to requirement. The Access
Board deferred addressing detectable
warning surfaces on curb ramps in the
2004 ADA and ABA Accessibility
Guidelines pending completion of the
guidelines for pedestrian facilities in the
public right-of-way. As a result of these
actions, there are different requirements
for detectable warning surfaces on curb
ramps in the accessibility standards
included the regulations issued by the
Department of Justice implementing
Title II of the Americans with
Disabilities Act and by the Department
of Transportation implementing Section
504.
When the Department of Justice
initially issued regulations in 1991
implementing Title II of the Americans
with Disabilities Act, the regulations
required state and local governments to
use accessibility standards (hereinafter
referred to as the ‘‘DOJ 1991 Standards’’)
that included the 1991 ADAAG which
contained a requirement for detectable
warning surfaces on curb ramps, or the
Uniform Federal Accessibility
Standards (UFAS) which did not
contain a requirement for detectable
warning surfaces on curb ramps.28
When the Department of Justice adopted
the DOJ 2010 Standards, those standards
included the 2004 ADA and ABA
Accessibility Guidelines which do not
28 UFAS was issued in 1984 by the General
Services Administration and other federal agencies
responsible for issuing accessibility standards for
facilities covered by the Architectural Barriers Act.
See 49 FR 31528 (August 7, 1984).
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contain a requirement for detectable
warning surfaces on curb ramps.
The Department of Transportation
regulations implementing Section 504
require state and local governments that
receive federal financial assistance
directly or indirectly from the
Department to use accessibility
standards that include the 2004 ADA
and ABA Accessibility Guidelines, as
modified by the Department, or UFAS.
See 49 CFR 27.3(b). The Department of
Transportation modified the 2004 ADA
and ABA Accessibility Guidelines by
retaining certain requirements from the
1991 ADAAG, including the
requirement for detectable warning
surfaces on curb ramps. See 406.8 in
Appendix A to 49 CFR part 37.
State and local transportation
departments will be affected differently
by the requirement in the proposed
guidelines for detectable warning
surfaces on curb ramps depending on
the accessibility standards that they use
for curb ramps in the public right-ofway. The Access Board reviewed the
standard drawings for the design of curb
ramps on state transportation
department Web sites and found that
the transportation departments in all 50
states and the District of Columbia
specify detectable warning surfaces on
curb ramps in the standard drawings.29
Most local transportation departments
use standard drawings for the design of
curb ramps that are consistent with the
standard drawings maintained by their
state transportation departments. These
state and local transportation
departments use either the DOJ 1991
Standards, which include the 1991
ADAAG requirement for detectable
warning surfaces on curb ramps, or the
Department of Transportation
accessibility standards, which include
the 2004 ADA and ABA Accessibility
Guidelines as modified by the
Department to include the requirement
from the 1991 ADAAG for detectable
warning surfaces on curb ramps.30
29 Links to each state transportation department’s
standard drawings that specify detectable warning
surfaces on curb ramps are available on the Access
Board Web site at: https://www.access-board.gov/
prowac/index.htm.
30 The DOJ 1991 Standards require detectable
warning surfaces to extend the full width and depth
of the curb ramp (see 4.7.7, Appendix E to 28 CFR
part 36). The Department of Transportation
standards require detectable warning surfaces to
extend the full width of the curb ramp (exclusive
of flared sides) and either the full depth of the curb
ramp or 24 inches deep minimum measured from
the back of the curb on the ramp surface (see 406.8,
Appendix A to 49 CFR part 37). Guidance issued
by the Department of Justice permits the use of the
Department of Transportation standards for
detectable warning surfaces on curb ramps. See
Department of Justice, ‘‘ADA Best Practices Tool Kit
for State and Local Governments, Curb Ramps and
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Governmental Units Affected
State and local transportation
departments are divided into four
groups for the purpose of evaluating the
impacts of the requirement in the
proposed guidelines for detectable
warning surfaces on curb ramps:
• Group 1 consists of state and local
transportation departments that use
UFAS for curb ramps as currently
permitted by the Department of Justice
and Department of Transportation
regulations implementing Title II of the
Americans with Disabilities Act and
Section 504. UFAS did not contain a
requirement for detectable warning
surfaces on curb ramps. The Access
Board is not aware of any state or local
transportation departments that use
UFAS. The Department of Justice
regulations do not permit the use of
UFAS on or after March 15, 2012. See
28 CFR 35.151(c)(3). Thus, Group 1 will
cease to exist as of March 15, 2012, and
any state and local transportation
departments currently in Group 1 will
fall into one of the other groups.
Question 4. The Access Board seeks
information on whether any state and
local transportation departments
currently use UFAS for curb ramps in
the public right-of-way.
• Group 2 consists of state and local
transportation departments that receive
federal financial assistance directly or
indirectly from the Department of
Transportation. State and local
transportation departments in Group 2
are required to comply with the
accessibility standards in the
Department of Justice regulations
implementing Title II of the Americans
with Disabilities Act and the
Department of Transportation
regulations implementing Section 504.
Where the requirements in the
accessibility standards in the
Department of Justice and Department
of Transportation regulations differ, the
more stringent requirement must be
used. Excluding any state and local
transportation departments in Group 1,
state and local transportation
departments in Group 2 must comply
with the requirement for detectable
warning surfaces on curb ramps in the
Department of Transportation
regulations because it is the more
stringent requirement. All state
transportation departments and most
local transportation departments are in
Group 2 and specify detectable warning
surfaces on curb ramps in their standard
drawings. The requirement in the
proposed guidelines for detectable
warning surfaces on curb ramps will not
Pedestrian Crossings’’ (May 7, 2006) at: https://
www.ada.gov/pcatoolkit/toolkitmain.htm.
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have any impacts on state and local
transportation departments in Group 2.
• Group 3 consists of local
transportation departments that do not
receive federal financial assistance
directly or indirectly from the
Department of Transportation. Local
transportation departments in Group 3
are required to comply only with the
accessibility standards in the
Department of Justice regulations
implementing Title II of the Americans
with Disabilities Act. Excluding any
local transportation departments in
Group 1, local transportation
departments in Group 3:
Æ Used the DOJ 1991 Standards,
which include the 1991 ADAAG and
contain a requirement for detectable
warning surfaces on curb ramps, before
September 15, 2010. See 28 CFR
35.151(c)(1).
Æ Are permitted to use the DOJ 1991
Standards, which include the 1991
ADAAG and contain a requirement for
detectable warning surfaces on curb
ramps, or the DOJ 2010 Standards,
which include the 2004 ADA and ABA
Accessibility Guidelines and do not
contain a requirement for detectable
warnings on curb ramps, between
September 15, 2010 and March 14,
2012. See 28 CFR 35.151(c)(2).
Æ Must use the DOJ 2010 Standards,
which include the 2004 ADA and ABA
Accessibility Guidelines and do not
contain a requirement for detectable
warnings on curb ramps, on or after
March 15, 2012. See 28 CFR
35.151(c)(3).
Thus, local transportation
departments in Group 3 were required
to provide detectable warning surfaces
on curb ramps before September 15,
2010; may or may not be required to
provide detectable warning surfaces on
curb ramps between September 15, 2010
and March 14, 2012 depending on the
accessibility standard they use (DOJ
1991 Standards or DOJ 2010 Standards);
and are not required to provide
detectable warning surfaces on curb
ramps on or after March 15, 2012
pending the future adoption of
accessibility standards for pedestrian
facilities in the public right-of-way by
the Department of Justice.
Question 5. The Access Board seeks
information on whether local
transportation departments in Group 3
will continue or discontinue providing
detectable warning surfaces on curb
ramps in the public right-of-way
pending the future adoption of
accessibility standards for pedestrian
facilities in the public right-of-way by
the Department of Justice.
• Group 4 consists of state and local
transportation departments that do not
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comply with accessibility standards for
curb ramps in the public right-of-way.
The Department of Justice and Federal
Highway Administration have provided
guidance on accessibility standards that
apply to curb ramps in the public rightof-way, including the requirement for
detectable warning surfaces.31 Despite
the guidance provided by the
Department of Justice and the Federal
Highway Administration on the
accessibility standards that apply to
curb ramps in the public right-of-way,
there may be state and local
transportation departments that do not
comply with the standards.
Question 6. Comments are requested
on whether the future adoption of
accessibility standards for pedestrian
facilities in the public right of way by
the Department of Justice and
Department of Transportation in
regulations implementing Title II of the
Americans with Disabilities Act and
Section 504 will have a positive or
negative effect, or no effect on the
compliance rates of state and local
transportation departments, particularly
with respect to providing detectable
warning surfaces on curb ramps.
Question 7. The Access Board seeks
information on the number of curb
ramps that are constructed or altered on
an annual basis in the public right-ofway by state and local transportation
departments.
Costs To Provide Detectable Warning
Surfaces on Curb Ramps
Detectable warning surfaces are
available in a variety of materials. The
Volpe Center gathered data from local
transportation departments and vendors
on various detectable warning materials
and estimated the costs of 8 square feet
of the materials for a typical curb ramp
as shown in the table below. The
estimates do not include installation
costs.
Materials
costs for
typical
curb ramp
Detectable warning surfaces
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Concrete pavers .........................
Brick pavers ................................
Polymer and composite materials.
Stainless steel or cast iron products.
$48 to 80
$128
$120 to
200
$240
Question 8. The Access Board seeks
additional information on the costs for
31 See Department of Justice, ‘‘ADA Best Practices
Tool Kit for State and Local Governments, Curb
Ramps and Pedestrian Crossings’’ (May 7, 2006) at:
https://www.ada.gov/pcatoolkit/toolkitmain.htm;
and Federal Highway Administration, ‘‘Information
on Detectable Warnings’’ (May 6, 2002) at: https://
www.fhwa.dot.gov/environment/bikeped/dwm.htm.
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detectable warning materials (8 square
feet) and installation of the materials on
a typical curb ramp.
Detectable Warning Surfaces on
Boarding Platforms Used by Buses and
Rail Vehicles, and Boarding and
Alighting Areas Used by Rail Vehicles
The 1991 ADAAG and 2004 ADA and
ABA Accessibility Guidelines contain a
requirement for detectable warning
surfaces on rail platforms.32 The
proposed guidelines adapt this
requirement to transit stops in the
public right-of-way, and require
detectable warning surfaces on boarding
platforms at transit stops for buses and
rail vehicles (i.e., raised platforms used
for level boarding by bus rapid transit
systems and light rail systems) and at
boarding and alighting areas at sidewalk
or street level transit stops for rail
vehicles. Detectable warning surfaces
are not required where the edges of the
boarding platform or the boarding and
alighting areas facing the rail vehicles
are protected by screens or guards.
Durability and Maintenance of
Detectable Warning Surfaces
Transportation officials who
commented on the 2002 draft guidelines
expressed concern about the durability
and maintenance of detectable warning
surfaces. The National Cooperative
Highway Research Program (NCHRP)
has conducted two studies on the
durability and maintenance of
detectable warning surfaces. The first
study was completed in 2005 and
reviewed performance information
submitted by state and local
transportation departments.33 The
performance information was limited in
terms of the products reviewed and time
period of review (about 2 years). The
study noted that there were new
promising detectable warning products
on the market, and recommended that
test methods be developed for
evaluating the long-term performance
and durability of the products. The
second study was completed in 2010
and recommended procedures for
testing and evaluating detectable
warning products.34 The test methods
can be used by state and local
transportation departments to select
detectable warning products that will
1991 ADAAG, 10.3.1(8); and 2004 ADA
and ABA Accessibility Guidelines, 810.5.2.
33 ‘‘Synthesis of Maintenance and Durability
Information for Detectable Warnings on Sidewalks’’
March 2005 at: https://
maintenance.transportation.org/Documents/
DetectableWarning20-7%28177%29.pdf.
34 ‘‘Procedures for Testing and Evaluating
Detectable Warning Systems’’ March 2010 at:
https://onlinepubs. trb.org/onlinepubs/nchrp/
nchrp_rpt_670.pdf.
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provide long-term performance and
durability under different
environmental conditions. Many state
and local transportation departments
have evaluated and approved detectable
warning products that are suited to their
environments.
R209 Accessible Pedestrian Signals
and Pedestrian Pushbuttons
An accessible pedestrian signal and
pedestrian pushbutton is an integrated
device that communicates information
about the WALK and DON’T WALK
intervals at signalized intersections in
non-visual formats (i.e., audible tones
and vibrotactile surfaces) to pedestrians
who are blind or have low vision. The
pedestrian pushbutton has a locator
tone for detecting the device and a
tactile arrow to indicate which
pedestrian street crossing is served by
the device. The MUTCD contains
standards for accessible pedestrian
signals and pedestrian pushbuttons, but
does not require that they be provided.
The proposed guidelines require
accessible pedestrian signals and
pedestrian pushbuttons to be provided
when new pedestrian signals are
installed. For existing pedestrian
signals, the proposed guidelines require
accessible pedestrian signals and
pedestrian pushbuttons to be provided
when the signal controller and software
are altered, or the signal head is
replaced. Accessible pedestrian signals
and pedestrian pushbuttons must
comply with the referenced standards in
the MUTCD and the technical
requirements for operable parts in
Chapter R4. Technical assistance and
training on the installation of accessible
pedestrian signals and pedestrian
pushbuttons is available from the
Access Board and transportation
industry professional associations.35
Comments From Individuals Who Are
Blind or Have Low Vision
The National Federation of the Blind
was a member of the advisory
committee that recommended the
proposed guidelines, but filed a
minority report recommending that state
and local governments consult with the
local blind community to determine
whether to provide accessible
35 Technical assistance and training on the
installation of accessible pedestrian signals are
available on the following Web sites: Access Board
at: https://www.access-board.gov/research/
pedestrian-signals/bulletin.htm; Accessible Design
for the Blind: https://www.accessforblind.org/
aps_abt.html; Institute of Transportation Engineers
at: https://www.ite.org/education/olg.asp; National
Highway Cooperative Research Program at: https://
www.apsguide.org/; and Transportation Research
Board at: https://www.trb.org/Main/Public/Blurbs/
159938.aspx.
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pedestrian signals and pushbuttons on
an intersection-by-intersection basis.
Comments on the 2002 draft guidelines
from individuals who identified
themselves as blind or having low
vision supported providing accessible
pedestrian signals and pushbuttons at
each signalized intersection where
pedestrian signals are newly installed or
replaced by a margin of 2:1.
Governmental Units Affected
The Transportation Equity Act for the
21st Century (TEA–21) directed that
audible traffic signals be included in
transportation plans and projects where
appropriate. See 23 U.S.C. 217(g). Some
state and local transportation
departments currently provide
accessible pedestrian signals and
pedestrian pushbuttons when
pedestrian signals are newly installed or
replaced at signalized intersections. The
requirement in the proposed guidelines
for accessible pedestrian signals and
pedestrian pushbuttons will have
impacts on state and local
transportation departments that do not
currently provide accessible pedestrian
signals and pedestrian pushbuttons
when pedestrian signals are newly
installed or replaced at signalized
intersections.
Question 9. The Access Board seeks
information on how many state and
local transportation departments
currently provide accessible pedestrian
signals and pedestrian pushbuttons
when pedestrian signals are newly
installed or replaced at signalized
intersections.
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Costs To Provide Accessible Pedestrian
Signals and Pedestrian Pushbuttons
The Volpe Center estimated the
additional cost for an accessible
pedestrian pushbutton compared to
conventional pushbutton is $350 per
unit. For a typical intersection with four
crosswalks, two accessible pedestrian
pushbuttons would be required at each
corner for a total of eight units per
intersection and a total additional cost
of $2,800 for the eight units. The cost of
the units is expected to decrease as a
result of the proposed guidelines due to
greater standardization of customer
requirements and increased orders. The
total additional cost to provide
accessible pedestrian signals and
pedestrian pushbuttons, including labor
and other equipment such as stub poles
and conduit, will vary by location. The
Volpe Center estimated that the total
additional costs are $3,600 per
intersection based on a published cost
study and interviews with local
transportation departments.
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Question 10. The Access Board seeks
information from state and local
transportation departments that
currently provide accessible pedestrian
signals and pedestrian pushbuttons on
the additional costs to provide the
accessible pedestrian signals and
pedestrian pushbuttons.
The Volpe Center estimated that
pedestrian signals are newly installed or
replaced at 13,095 signalized
intersections on an annual basis based
on the following assumptions:
• There are over 300,000 existing
signalized intersections in the United
States using a rule-of-thumb of one
signalized intersection per 1,000
population.36
• There are 2,550 new signalized
intersections in the United States each
year based on the U.S. Census Bureau
forecast of future population growth
(0.85 percent).
• Ninety (90) percent of new and
existing signalized intersections in the
United States provide pedestrian
signals.
• The life cycle or replacement rate
for existing pedestrian signals is 25
years.
The Volpe Center estimated that the
total annual costs are $47 million for
requiring accessible pedestrian signals
and pedestrian pushbuttons when
pedestrian signals are newly installed or
replaced at signalized intersections.
Question 11. Comments are requested
on the assumptions used to estimate the
total annual costs for requiring
accessible pedestrian signals and
pushbuttons when pedestrian signals
are newly installed or replaced at
signalized intersections.
R210
Protruding Objects
Objects that protrude into pedestrian
circulation paths can be hazardous for
pedestrians, especially pedestrians who
are blind or have low vision. Objects
along or overhanging any portion of a
pedestrian circulation path must
comply with the technical requirements
for protruding objects in Chapter R4.
Objects also must not reduce the clear
width required for pedestrian access
routes. An advisory section provides
examples of street furniture and other
objects that must comply with these
requirements, and notes that the
AASHTO ‘‘Guide for the Planning,
Design, and Operation of Pedestrian
Facilities’’ recommends that local
governments regulate the use of
sidewalks by private entities for
activities such as outdoor dining,
36 See MUTCD ‘‘Frequently Asked Questions—
Part 4—Highway Traffic Signals’’ at: https://
mutcd.fhwa.dot.gov/knowledge/faqs/faq_part4.htm.
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vending carts and stands, and street
fairs under an encroachment permit
process that addresses accessibility,
including protruding objects and
maintaining the clear width of
pedestrian access routes.
R211
Signs
Signs that provide directions,
warnings, or other information for
pedestrians only and signs that identify
routes served by transit stops must
comply with the technical requirements
for visual characters in Chapter R4. An
advisory section provides examples of
signs that are required and are not
required to comply with the technical
requirements for visual characters in
Chapter R4. Signs displaying the
International Symbol of Accessibility
must be provided at accessible parking
spaces and accessible passenger loading
zones.
The 2004 ADA and ABA Accessibility
Guidelines contain similar requirements
for transit signs (see 810.4 and 810.6). In
the 2004 ADA and ABA Accessibility
Guidelines, characters on bus route
signs must comply with the technical
requirements for character height ‘‘to
the maximum extent practicable.’’ 37
The phrase ‘‘to the maximum extent
practicable’’ was intended to provide
flexibility where there are restrictions
on the size of signs. A similar provision
is not included in the proposed
guidelines because it is almost always
practicable to comply with the technical
requirements for character height.
Audible sign systems and other
technologies are widely used today to
transmit information and are more
usable by pedestrians who are blind or
have low vision.38 Where audible sign
systems and other technologies are used
to transmit information equivalent to
the information contained on signs, the
signs are not required to comply with
the technical requirements for visual
characters in Chapter R4.
Question 12. The Access Board seeks
information on technologies that are
currently used or are under
development to transmit information
that is equivalent to the information
contained on pedestrian signs and
transit signs provided in the public
right-of-way.
37 The 2004 ADA and ABA Accessibility
Guidelines also do not require bus route signs to
comply with the technical requirements for
minimum height above the ground and line spacing
(see 703.5.6, 703.5.9, and 810.4).
38 The ANSI approved standard ‘‘ICC A117.1–
2009: Accessible and Usable Buildings and
Facilities’’ includes technical requirements for
remote infrared audible sign systems (see 703.8).
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R212 Street Furniture
Drinking fountains, public toilet
facilities, tables, and counters must
comply with applicable requirements in
the 2004 ADA and ABA Accessibility
Guidelines. Where multiple single-user
public toilet facilities are clustered at a
single location, at least 5 percent, but no
less than one, of the toilet facilities in
each cluster must be accessible and
identified by the International Symbol
of Accessibility. At least 50 percent, but
no less than one, of benches at each
location must provide a clear space for
a wheelchair adjacent to the bench.
Benches at tables are not required to
comply.
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R213 Transit Stops and Transit
Shelters
Transit stops and transit shelters must
comply with the technical requirements
for transit stops and transit shelters in
Chapter R3. Transit stops in the public
right-of-way typically serve fixed route
bus systems, including bus rapid transit
systems, and light rail transit systems.
An advisory section notes that the
Federal Highway Administration has
issued guidance on the obligation of
state and local transportation
departments, metropolitan planning
organizations, and transit agencies to
coordinate the planning and funding of
accessibility improvements to transit
systems and facilities.
R214 On-Street Parking Spaces
Where on-street parking is provided
on the block perimeter and the parking
is marked or metered, a minimum
number of parking spaces must be
accessible and comply with the
technical requirements for parking
spaces in Chapter R3. For every 25
parking spaces on the block perimeter
up to 100 spaces, one parking space
must be accessible. For every additional
50 parking spaces on the block
perimeter between 101 and 200 spaces,
an additional parking space must be
accessible. Where more than 200
parking spaces are provided on the
block perimeter, 4 percent of the
parking spaces must be accessible.
Metered parking includes parking
metered by parking pay stations. Where
parking is metered by parking pay
stations and the parking is not marked,
each 6.1 meters (20 feet) of the block
perimeter where parking is permitted is
counted as one parking space for
determining the minimum number of
accessible parking spaces.
R215 Passenger Loading Zones
Where passenger loading zones are
provided, at least one passenger loading
zone for each 30 meters (100 feet) of
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continuous loading zone space or
fraction thereof must be accessible and
comply with the technical requirements
for passenger loading zones in Chapter
R3.
R216 Stairways and Escalators
Stairways on pedestrian circulation
paths must comply with technical
requirements for stairways in Chapter
R4. Escalators on pedestrian circulation
paths must comply with the applicable
technical requirements in the 2004 ADA
and ABA Accessibility Guidelines.
Stairways and escalators cannot be part
of a pedestrian access route.
R217 Handrails
Handrails are not required on
pedestrian circulation paths. However,
if handrails are provided on pedestrian
circulation paths, the handrails must
comply with the technical requirements
for handrails in Chapter R4.
R218 Doors, Doorways, and Gates
Doors, doorways, and gates to
pedestrian facilities such as transit
shelters must comply with applicable
technical requirements in the 2004 ADA
and ABA Accessibility Guidelines.
Chapter R3: Technical Requirements
Technical requirements specify what
design criteria elements, spaces, and
facilities must comply with in order to
be considered accessible.
R301 General
The technical requirements in
Chapter R3 apply where required by the
scoping requirements in Chapter R2, or
where referenced by another technical
requirement in Chapters R3 or R4.
R302
Pedestrian Access Routes
General (R302.1)
The technical requirements for
pedestrian access routes are contained
in R302, and adapt the technical
requirements for accessible routes in the
2004 ADA and ABA Accessibility
Guidelines to the public right-of-way. In
alterations where existing physical
constraints make it impractical to fully
comply with the technical requirements,
compliance is required to the extent
practicable within the scope of the
project (see R202.3.1).
Components (R302.2)
The components of pedestrian access
routes and the technical requirements
for each component are listed in R302.2.
Sidewalks and other pedestrian
circulation paths, pedestrian street
crossings, and pedestrian overpasses
and underpasses and similar structures
must comply with all the technical
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requirements in R302.3 through R302.7.
Curb ramps and blended transitions
must comply with the technical
requirements in R302.7 and R304.
Ramps must comply with the technical
requirements in R407. Elevators, limited
use/limited application elevators,
platform lifts, and doors, doorways, and
gates must comply with applicable
technical requirements in the 2004 ADA
and ABA Accessibility Guidelines.
Continuous Width (R302.3)
The continuous clear width of
pedestrian access routes (exclusive of
the width of the curb) must be 1.2
meters (4 feet) minimum, except for
medians and pedestrian refuge islands
where the clear width must be 1.5
meters (5 feet) minimum in order to
allow for passing space. The AASHTO
‘‘Guide for the Planning, Design, and
Operation of Pedestrian Facilities’’
recommends that sidewalks be wider
than 1.2 meters (4 feet), particularly in
urban areas. Where sidewalks are wider
than 1.2 meters (4 feet), only a portion
of the sidewalk is required to comply
with the technical requirements in
R302.3 through R302.7.
The advisory committee
recommended a minimum width of 1.5
meters (5 feet) for pedestrian access
routes. The proposed guidelines specify
a minimum width of 1.2 meters (4 feet)
in order to allow for street furniture and
other objects that may be located on
sidewalks. R210 prohibits street
furniture and other objects from
reducing the clear width required for
pedestrian access routes. A minimum
width of 1.2 meters (4 feet) will
accommodate turns at intersections and
building entrances. Advisory
information recommends additional
maneuvering clearance at turns or
changes in direction, recesses and
alcoves, building entrances, and along
curved or angled routes, particularly
where the grade exceeds 5 percent.
Passing Spaces (R302.4)
Where the clear width of pedestrian
access routes is less than 1.5 meters (5
feet), passing spaces must be provided
at intervals of 61 meters (200 feet)
maximum. Passing spaces must be 1.5
meters (5 feet) minimum by 1.5 meters
(5 feet) minimum. Passing spaces are
permitted to overlap pedestrian access
routes.
Grade (R302.5)
Grade is the slope parallel to the
direction of pedestrian travel. Grade is
calculated by dividing the vertical
change in elevation by the horizontal
distance covered, and is expressed as a
percent. Where pedestrian access routes
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are contained within a street or highway
right-of-way, the grade of the pedestrian
access route is permitted to equal the
general grade established for the
adjacent street or highway, except that
where pedestrian access routes are
contained within pedestrian street
crossings a maximum grade of 5 percent
is required. This is consistent with the
AASHTO ‘‘Policy on Geometric Design
of Highways and Streets’’ which
recommends that the sidewalk grade
follow the grade of adjacent roadways,
and also recommends maximum cross
slopes for roadways. Where pedestrian
access routes are not contained within
a street or highway right-of-way, a
maximum grade of 5 percent is required.
Cross Slope (R302.6)
Cross slope is the slope perpendicular
to the direction of pedestrian travel (see
R105.5). On a sidewalk, cross slope is
measured perpendicular to the curb line
or edge of the street or highway. Cross
slope impedes travel by pedestrians
who use wheeled mobility devices since
energy must be expended to counteract
the perpendicular force of the cross
slope. Cross slope makes it more
difficult for pedestrians who use
wheelchairs to travel on uphill slopes
and to maintain balance and control on
downhill slopes. Cross slope also
negatively affects pedestrians who use
braces, lower limb prostheses, crutches,
or walkers, as well as pedestrians who
have gait, balance, or stamina
impairments. The maximum cross slope
permitted on accessible routes in the
2004 ADA and ABA Accessibility
Guidelines is 2 percent. In exterior
environments, a maximum cross slope
of 2 percent is generally accepted as
adequate to allow water to drain off
paved walking surfaces.
A maximum cross slope of 2 percent
is specified for pedestrian access routes,
except for pedestrian access routes
contained within certain pedestrian
street crossings in order to allow for
typical roadway geometry. A 5 percent
maximum cross slope is specified for
pedestrian access routes contained
within pedestrian street crossings
without yield or stop control to avoid
any unintended negative impacts on the
control and safety of vehicles, their
occupants, and pedestrians in the
vicinity of the intersection. Pedestrian
street crossings without yield or stop
control are crossings where there is no
yield or stop sign, or where there is a
traffic signal that is designed for the
green phase. At pedestrian street
crossings without yield or stop control
vehicles can proceed through the
intersection without slowing or
stopping. The cross slope of pedestrian
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access routes contained within
midblock pedestrian street crossings is
permitted to equal the street or highway
grade.
Question 13. Comments are requested
on whether the description of
pedestrian street crossings without yield
or stop control is clear, or whether there
is a better way to describe such
crossings?
In new construction, where
pedestrian access routes within
sidewalks intersect at corners, the 2
percent maximum cross slope
requirement will result in level corners
(i.e., the slope at the corners will not
exceed 2 percent in each direction of
pedestrian travel). The level corners will
provide a platform for providing level
spaces for curb ramps and blended
transitions, pedestrian street crossings,
and accessible pedestrian signals and
pedestrian pushbuttons.
Newly Constructed Tabled Intersections
That Contain Pedestrian Street
Crossings With Yield or Stop Control
The 2 percent maximum cross slope
requirement applies to pedestrian access
routes within pedestrian street crossings
with yield or stop control where
vehicles slow or stop before proceeding
through the intersection. The cross
slope of the pedestrian access route
within the pedestrian street crossing is
the longitudinal grade of the street being
crossed, and the 2 percent maximum
cross slope requirement will impact the
vertical alignment of streets in the
vicinity of the intersection. In new
construction, street intersections in hilly
urban areas are typically cut-and filled
to produce relative flat or tabled
intersections. Where pedestrian street
crossings with yield or stop control are
provided at newly constructed tabled
intersections, the tabling would be
extended to the pedestrian street
crossings to comply with the 2 percent
maximum cross slope for pedestrian
access routes within the pedestrian
street crossings.
Question 14. The Access Board seeks
information on the current design
policies and practices of state and local
transportation departments with respect
to tabling newly constructed
intersections in hilly urban areas, and
particularly whether the tabling is
extended to pedestrian street crossings
with yield or stop control.
In new construction, extending the
tabling of intersections to pedestrian
street crossings with yield or stop
control involves additional costs for site
preparation, grading, and earthwork.
The Volpe Center roughly estimated the
additional costs to extend the tabling to
pedestrian street crossings with yield or
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stop control to be $60,000 per
intersection based on information
provided by a transportation official to
the Access Board. The costs will vary by
site.
Question 15. The Access Board seeks
information on the additional costs to
extend the tabling of newly constructed
intersections in hilly urban areas to
pedestrian street crossings with yield or
stop control.
Question 16. The Access Board seeks
information on number of tabled
intersections which contain pedestrian
street crossings with yield or stop
control that are newly constructed in
hilly urban areas on an annual basis by
state and local transportation
departments.
Surfaces (R302.7)
The proposed technical requirements
for surfaces apply to pedestrian access
routes, including curb ramps and
blended transitions, and accessible
elements and spaces that connect to
pedestrian access routes. An advisory
section lists the accessible elements and
spaces that connect to pedestrian access
routes and are required to comply with
the technical requirements for surfaces.
The surfaces of pedestrian access
routes and the surfaces at accessible
elements and spaces that connect to
pedestrian access routes must be firm,
stable, and slip resistant. Vertical
alignment of surfaces within pedestrian
access routes (including curb ramp runs,
blended transitions, turning spaces, and
gutter areas within pedestrian access
routes) and within the surfaces at
accessible elements and spaces that
connect to pedestrian access routes
must be generally planar. Grade breaks
(i.e., the line where two surface planes
with different grades meet, see R105.5)
must be flush. Where pedestrian access
routes cross rails at grade, the
pedestrian access route must be level
and flush with the top of the rail at the
outer edges of the rails, and the surfaces
between the rails must be aligned with
the top of the rail.
Vertical surface discontinuities (i.e.,
vertical difference in level between two
adjacent surfaces, see R105.5) must be
13 millimeters (0.5 inch) maximum.
Vertical surface discontinuities between
6.4 millimeters (0.25 inch) and 13
millimeters (0.5 inch) must be beveled
with a slope not steeper than 50 percent,
and the bevel must be applied across the
entire vertical surface discontinuity.
Horizontal openings in gratings and
joints must not permit the passage of a
sphere more than 13 millimeters (0.5
inch) in diameter. Elongated openings
in gratings must be placed so that the
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long dimension is perpendicular to the
dominant direction of travel.
Flangeway gaps at pedestrian at-grade
rail crossings must be 64 millimeters
(2.5 inches) maximum on non-freight
rail track, and 75 millimeters (3 inches)
maximum on freight rail track. These
are the typical gaps required to allow
passage of train wheel flanges. The
flangeway gaps are wider than the
maximum gap allowed for horizontal
openings in other surfaces. These wider
flangeway gaps pose a potential safety
hazard to pedestrians who use
wheelchairs because the gap can entrap
the wheelchair casters.39 The Federal
Railroad Administration is sponsoring
research to develop materials or devices
that will fill the flangeway gap under
light loads of a wheelchair but will
compress or retract when a train wheel
flange passes over it.40 The materials or
devices will be tested under heavy and
light train loads for safety, effectiveness,
durability, and cost.
Question 17. The Access Board seeks
information on materials and devices
that fill the flangeway gap, and any
related research and sources of
expertise.
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R303 Alternate Pedestrian Access
Routes (See R205)
In the 2005 draft of the proposed
guidelines, the technical requirements
for alternate pedestrian access routes
were contained in Chapter R3. The
proposed guidelines reference MUTCD
standards for alternate pedestrian access
routes in the scoping requirements at
R205. This section heading is included
in Chapter R3 of the proposed
guidelines to notify readers who were
familiar with the 2005 draft of the
proposed guidelines where to find the
requirements for alternate pedestrian
39 For additional information on the potential
safety hazard of flangeway gaps, see ‘‘Wheelchair
Safety at Rail Level Crossings, International Review
Working Paper’’ (2003) at https://
www.transport.vic.gov.au/DOI/DOIElect.nsf/
$UNIDS+for+Web+Display/43D9BDF138FF
E9F9CA256D630011A607/$FILE/Rail_Crossing_
Disability_Access-International_Review.pdf; and
‘‘Rail Crossing Disability Access Kit’’ (2003)
available at: https://www.transport.vic.gov.au/DOI/
DOIElect.nsf/$UNIDS+for+Web+Display/E995EA3F
EB44F07CCA256D630011AD71/$FILE/Rail_
Crossing_Disability_Access-Toolkit.pdf.
40 For announcement of award of research contact
in 2010, see https://www.volpe.dot.gov/sbir/
ph1rec10.html and https://www.integran.com/news/
IT%20USA%20DOT%20Flangeway%20Gap
%20SBIR%20%20100323.pdf. The Transportation
Research Board has also developed research need
statements for reducing flangeway gaps at railroad
crossings. See ‘‘Wheelchairs Crossing Flangeway
Gaps at Railroad Crossings’’ (2007); and ‘‘Reducing
Flangeway Gaps at Railroad Crossings to Better
Accommodate Pedestrians’’ (2008). The research
need statements are available at: https://rns.trb.org/
dproject.asp?n=13462 and https://rns.trb.org/
dproject.asp?n=17644.
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access routes. This section heading will
not be included in the final guidelines.
R304 Curb Ramps and Blended
Transitions
General (R304.1)
Curb ramps are ramps that are cut
through or built up to the curb (see
R105.5). Curb ramps can be
perpendicular or parallel, or a
combination of parallel and
perpendicular ramps. Blended
transitions are raised pedestrian street
crossings, depressed corners, or similar
connections between the pedestrian
access route at the level of the sidewalk
and the level of the pedestrian street
crossing that have a grade of 5 percent
or less (see R105.5).
The technical requirements for curb
ramps and blended transitions are
contained in R304 and adapt the
technical requirements for curb ramps
in the 2004 ADA and ABA Accessibility
Guidelines to the public right-of-way. In
alterations where existing physical
constraints make it impractical to fully
comply with the technical requirements,
compliance is required to the extent
practicable within the scope of the
project (see R202.3.1).
Perpendicular Curb Ramps (R304.2)
Perpendicular curb ramps have a
running slope that cuts through or is
built up to the curb at right angles or
meets the gutter grade break at right
angles where the curb is curved. On
corners with a large curb radius, it will
be necessary to indent the gutter grade
break on one side of the curb ramp in
order for the curb ramp to meet the
gutter grade break at right angles.
A turning space must be provided at
the top of perpendicular curb ramps.
The turning space must be 1.2 meters (4
feet) minimum by 1.2 meters (4 feet)
minimum, and is permitted to overlap
other turning spaces and clear spaces.
Where the turning space is constrained
at the back of the sidewalk, the turning
space must be 1.2 meters (4 feet)
minimum by 1.5 meters (5 feet)
minimum, with the 1.5 meters (5 feet)
dimension provided in the direction of
the ramp run.
A minimum running slope of 5
percent and a maximum running slope
of 8.3 percent are specified for
perpendicular curb ramps, and the ramp
length is limited to 4.5 meters (15 feet).
A maximum running slope of 2 percent
is specified for the turning space at the
top of the curb ramp. The running slope
is measured parallel to the direction of
pedestrian travel.
A maximum slope of 10 percent is
specified for the flared sides of
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perpendicular curb ramps where a
pedestrian circulation path crosses the
curb ramp. The flared sides are part of
the pedestrian circulation path, but are
not part of the pedestrian access route.
The slope of the flared sides is
measured parallel to the curb line. The
10 percent maximum slope for the
flared sides is the same as in the 2004
ADA and ABA Accessibility Guidelines
(see 403.6). Transportation officials have
reported that the 10 percent maximum
slope for the flared sides can make it
difficult to provide two perpendicular
curb ramps at some street corners due
to the width of the flared sides at the
base of the curb ramp. The Access Board
is considering increasing the maximum
slope for the flared sides to 12.5 percent
or 16.7 percent to address this issue.
Question 18. Comments are requested
on whether the maximum slope for the
flared sides of perpendicular curb ramps
should be increased from 10 percent to
12.5 percent or 16.7 percent, and what
impact such a change would have on
providing two perpendicular curb
ramps at street corners. Comments are
also requested on any public safety
issues that may arise from increasing the
maximum slope for the flared sides from
10 percent to 12.5 percent or 16.7
percent.
Parallel Curb Ramps (R304.3)
Parallel curb ramps have a running
slope that is in-line with the direction
of sidewalk travel and lower the
sidewalk to a level turning space where
a turn is made to enter the pedestrian
street crossing.
A turning space must be provided at
the bottom of parallel curb ramps. The
turning space must be 1.2 meters (4 feet)
minimum by 1.2 meters (4 feet)
minimum, and is permitted to overlap
other turning spaces and clear spaces.
Where the turning space is constrained
on two or more sides, the turning space
must be 1.2 meters (4 feet) minimum by
1.5 meters (5 feet) minimum, with the
1.5 meters (5 feet) dimension provided
in the direction of the pedestrian street
crossing.
A minimum running slope of 5
percent and a maximum running slope
of 8.3 percent are specified for parallel
curb ramps, and the ramp length is
limited to 4.5 meters (15 feet). A
maximum running slope of 2 percent is
specified for the turning space at the
bottom of the curb ramp. The running
slope is measured parallel to the
direction of pedestrian travel.
Blended Transitions (R304.4)
A maximum running slope of 5
percent is specified for blended
transitions. The running slope is
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Common Requirements (R304.5)
The clear width of curb ramp runs
(excluding flared sides), blended
transitions, and turning spaces must be
1.2 meters (4 feet) minimum. Grade
breaks at the top and bottom of curb
ramp runs must be perpendicular to the
direction of the ramp run. Grade breaks
are not permitted on the surface of ramp
runs and turning spaces. Surface slopes
that meet at grade breaks must be flush.
A maximum cross slope of 2 percent is
specified for curb ramps, blended
transitions, and turning spaces. At
pedestrian street crossings without yield
or stop control and at midblock
pedestrian street crossings, the cross
slope is permitted to equal the street or
highway grade. The cross slope is
measured perpendicular to the direction
of pedestrian travel. A maximum
counter slope of 5 percent is specified
for the gutter or street at the foot of curb
ramp runs, blended transitions, and
turning spaces. A clear space must be
provided beyond the bottom of the
grade break that is within the width of
the pedestrian street crossing and
wholly outside the parallel vehicle
traffic lane. The clear space must be 1.2
meters (4 feet) minimum by 1.2 meters
(4 feet) minimum.
R305 Detectable Warning Surfaces
Detectable warning surfaces consist of
truncated domes aligned in a square or
radial grid pattern. The dimensions for
dome size and dome spacing are the
same as in the 2004 ADA and ABA
Accessibility Guidelines. The detectable
warning surfaces must contrast visually
with adjacent gutter, street or highway,
or pedestrian access route surface, either
light-on-dark or dark-on-light. The
detectable warning surfaces must extend
610 millimeters (2 feet) minimum in the
direction of pedestrian travel. At curb
ramps and blended transitions,
detectable warning surfaces must extend
the full width of the ramp run
(excluding flared sides), blended
transition, or turning space. At
pedestrian at-grade rail crossings not
located within a street or highway,
detectable warning surfaces must extend
the full width of the crossing. At
boarding platforms for buses and rail
vehicles, detectable warning surfaces
must extend the full length of the public
use areas of the platform. At boarding
and alighting areas at sidewalk or street
level transit stops for rail vehicles,
detectable warning surfaces must extend
the full length of the transit stop. The
proposed technical requirements specify
where detectable warning surfaces must
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be placed on perpendicular curb ramps,
parallel cub ramps, blended transitions,
pedestrian refuge islands, pedestrian atgrade rail crossings, boarding platforms
for buses and rail vehicles, and boarding
and alighting areas at sidewalk or street
level transit stops for rail vehicles.
R306 Pedestrian Street Crossings
The technical requirements in R306
address pedestrian signal phase timing
and pedestrian street crossings at
roundabouts and multi-lane
channelized turn lanes.
Pedestrian Signal Phase Timing
Pedestrian signal phase timing must
comply with referenced MUTCD
standards and use a pedestrian
clearance time that is calculated based
on pedestrian walking speed of 1.1
meters/second (3.5 feet/second) or less.
Roundabouts
A roundabout is a circular
intersection with yield control at entry,
which permits a vehicle on the
circulatory roadway to proceed, and
with deflection of the approaching
vehicle counter-clockwise around a
central island (MUTCD section 1A.13).
Pedestrian street crossings at
roundabouts can be difficult for
pedestrians who are blind or have low
vision to identify because the crossings
are located off to the side of the
pedestrian circulation path around the
street or highway. Where sidewalks are
flush against the curb at roundabouts
and pedestrian street crossing is not
intended, a continuous and detectable
edge treatment must be provided along
the street side of the sidewalk at
roundabouts. Detectable warning
surfaces must not be used for edge
treatment. Where chains, fencing, or
railings are used for edge protection, the
bottom edge of the treatment must be
380 millimeters (15 inches) maximum
above the sidewalk to be detectable by
cane.
The continuous traffic flow at
roundabouts removes many of the
audible cues that pedestrians who are
blind use to navigate pedestrian street
crossings. At roundabouts with multilane pedestrian street crossings, a
pedestrian activated signal must be
provided for each multilane segment of
each crossing, including the splitter
island (i.e., median island used to
separate opposing directions of traffic
entering and exiting a roundabout,
MUTCD section 1A.13). Transportation
officials who commented on the 2002
draft guidelines expressed concern that
signalization of roundabouts would
interfere with the flow of traffic at
roundabout intersections. Pedestrian
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Hybrid Beacons can be used at
roundabouts. See MUTCD sections
4F.01 through 4F.03. Pedestrian Hybrid
Beacons are traffic signals that consist of
a yellow signal centered below two
horizontally aligned red signals. The
signals are normally dark (i.e., not
illuminated). The signals are initiated
only upon pedestrian activation and can
be timed to minimize the interruption of
traffic. The signals cease operation after
the pedestrian clears the crosswalk.
When activated by a pedestrian, the
following signals are displayed to
drivers: a flashing yellow signal, then a
steady yellow signal, then two steady
red signals during the pedestrian walk
interval, and then alternating flashing
red signals during the pedestrian
clearance interval. The following signals
are displayed to pedestrians: a steady
upraised hand (symbolizing DON’T
WALK) when the flashing or steady
yellow signal is operating, then a
walking person (symbolizing WALK)
when the steady red signals are
operating, and then a flashing upraised
hand (symbolizing DON’T WALK) when
the alternating flashing red signals are
operating. Transportation officials may
request permission from the Federal
Highway Administration to experiment
with alternative signals at roundabouts
(see MUTCD section 1A.10).41
Multi-Lane Channelized Turn Lanes
Pedestrian activated signals must be
provided at pedestrian street crossings
at multi-lane channelized turn lanes at
roundabouts and other signalized
intersections. The pedestrian activated
signals must comply with MUTCD
standards for accessible pedestrian
signals and pedestrian pushbuttons.
Governmental Units Affected
The requirement for pedestrian
activated signals at roundabouts with
multi-lane pedestrian street crossings
will affect state and local transportation
departments that construct new
roundabouts with multi-lane pedestrian
street crossings. The Volpe Center
estimated that state and local
transportation departments construct 27
new roundabouts with multi-lane
pedestrian street crossings on an annual
basis.42
41 The Federal Highway Administration has
granted interim approval to Rectangular Flashing
Rapid Beacons, which can be used at roundabouts.
However, Rectangular Flashing Rapid Beacons do
not provide positive indication to drivers to stop
and positive indication to pedestrians that the walk
interval has been actuated. Rectangular Flashing
Rapid Beacons do not meet MUTCD standards for
accessible pedestrian signals and pedestrian
pushbuttons.
42 The Volpe Center used the roundabout
database at: https://roundabout.kittelson.com/ to
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Costs To Provide Pedestrian Activated
Signals at Roundabouts With Multi-Lane
Pedestrian Street Crossings
The Volpe Center estimated the cost
to provide pedestrian activated signals
at new roundabouts with multi-lane
pedestrian street crossings to range from
$90,000 to $230,000 per roundabout,
and the total annual costs for requiring
pedestrian activated signals at new
roundabouts with multi-lane pedestrian
street crossings to range from $2.4
million to $6.2 million.
Question 19. The Access Board seeks
additional information on the number of
roundabouts with multi-lane pedestrian
street crossings that are newly
constructed on an annual basis by state
and local transportation departments,
and the costs to provide pedestrian
activated signals at newly constructed
roundabouts with multi-lane pedestrian
street crossings.
R307 Accessible Pedestrian Signals
and Pedestrian Pushbuttons (See R209)
In the 2005 draft of the proposed
guidelines, the technical requirements
for accessible pedestrian signals and
pedestrian pushbuttons were contained
in Chapter R3. The proposed guidelines
reference MUTCD standards for
accessible pedestrian signals and
pedestrian pushbuttons in the scoping
requirements at R209. This section
heading is included in Chapter R3 of the
proposed guidelines to notify readers
who were familiar with the 2005 draft
of the proposed guidelines where to find
the requirements for accessible
pedestrian signals and pedestrian
pushbuttons. This section heading will
not be included in the final guidelines.
R308 Transit Stops and Transit
Shelters
The technical requirements for transit
stops and transit shelters are contained
in R308 and adapt the technical
requirements for transit facilities in the
2004 ADA and ABA Accessibility
Guidelines to the public right-of-way.
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Transit Stops (R308.1)
Boarding and alighting areas at
sidewalk or street level transit stops
must be 2.4 meters (8 feet) minimum
measured perpendicular to the street or
highway, and 1.5 meters (5 feet)
estimate the number of new roundabouts with
multi-lane pedestrian street crossings that are
constructed on an annual basis. During the five-year
period between 2005 and 2009, 435 new
roundabouts were constructed, of which 117 were
multi-lane. The data was adjusted for a small
number of roundabouts that are listed in the
database as having an ‘‘unknown’’ number of lanes
and for roundabouts that do have any pedestrian
facilities (i.e., sidewalks and pedestrian street
crossings).
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minimum measured parallel to the
street or highway. The grade of the
boarding and alighting area parallel to
the street or highway must be equal to
street or highway grade to the extent
practicable. The grade of the boarding
and alighting area perpendicular to the
street or highway must not exceed 2
percent. Where transit stops serve
vehicles with more than one car,
boarding and alighting areas serving
each car must comply with these
requirements.
Boarding platforms at transit stops
must be positioned to coordinate with
vehicles to minimize the vertical and
horizontal gaps. The slope of boarding
platforms must not exceed 2 percent in
any direction. Where boarding platforms
serve vehicles operating on existing
track or existing street or highway, the
slope of the platform parallel to the
track or street or highway is permitted
to equal the grade of the track or street
or highway.
The surfaces of boarding and alighting
areas and boarding platforms must
comply with the technical requirements
for surfaces (see R302.7). Boarding and
alighting areas and boarding platforms
must be connected to streets, sidewalks,
or pedestrian circulation paths by a
pedestrian access route.
Transit Shelters (R308.2)
Transit shelters must be connected by
a pedestrian access route to boarding
and alighting areas or boarding
platforms. A clear space (see R404) must
be provided entirely within the transit
shelter. Where seating is provided
within transit shelters, the clear space
must be located either at the end of a
seat, or not overlap the area within 460
millimeters (1.5 feet) from the front edge
of the seat in order to not interfere with
others using the seating. Environmental
controls within transit shelters must be
proximity actuated. Protruding objects
within transit shelters must comply
with the technical requirements for
protruding objects (see R402).
The Access Board is considering
whether to require a turning space in
transit shelters. Transit shelter designs
vary. Some transit shelters are enclosed
on three or four sides, with an opening
for ingress and egress. The turning space
would be based on the 2004 ADA and
ABA Accessibility Guidelines (see
304.3).43 The turning space would be
43 The 2004 ADA and ABA Accessibility
Guidelines require a turning space to be either a
circular space 1.5 meters (5 feet) minimum in
diameter, or a T-shaped space within a square with
sides 1.5 meters (5 feet) minimum where the arms
and base of the T-Shaped space are 915 millimeters
(3 feet) minimum. Each arm of the T-shaped space
must be clear of obstructions 305 millimeters (1
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permitted to overlap the clear space
within the transit shelter and the
pedestrian access route, but would not
be permitted to overlap the area within
460 millimeters (1.5 feet) from the front
edge of seats in the transit shelter in
order to not interfere with others using
the seating. The portion of the turning
space that does not overlap the clear
space would be permitted to be outside
the transit shelter.
Question 20. Comments are requested
on whether a turning space should be
required in transit shelters and what
impact such a requirement would have
on the design and placement of transit
shelters?
R309
On-Street Parking Spaces
General (R309.1)
The technical requirements for
accessible on-street parking spaces are
contained in R309 and adapt the
technical requirements for accessible
parking spaces in the 2004 ADA and
ABA Accessibility Guidelines to the
public right-of-way.
Parallel Parking Spaces (R309.2)
Where the adjacent sidewalk or
available right-of-way is more than 4.3
meters (14 feet) wide, an access aisle
must be provided at street level for the
entire length of each accessible parallel
parking space. The access aisle must be
1.5 meters (5 feet) wide minimum and
connect to a pedestrian access route.
The access aisle must not encroach on
the vehicular travel lane and comply
with the technical requirements for
surfaces (see R302.7). In alterations
where the street or sidewalk adjacent to
the parking spaces is not altered, an
access aisle is not required provided the
parking spaces are located at the end of
the block face.
Where the adjacent sidewalk or
available right-of-way is less than or
equal to 4.3 meters (14 feet) wide, an
access aisle is not required, but
accessible parallel parking spaces must
be located at the end of the block face.
Perpendicular and Angled Parking
Spaces (R309.3)
An access aisle must be provided at
street level for the entire length of each
accessible perpendicular or angled
parking space. The access aisle must be
2.4 meters (8 feet) wide minimum to
accommodate vans with lifts, and
connect to a pedestrian access route.
Two accessible parking spaces are
foot) minimum in each direction, and the base must
be clear of obstructions 610 millimeters (2 feet)
minimum. A circular space is permitted to include
knee and toe clearance. A T-shaped space is
permitted to include knee and toe clearance only
at the end of either the base or one arm.
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permitted to share a common access
aisle. The access aisle must be marked
to discourage parking in the aisle and
comply with the technical requirements
for surfaces (see R302.7).
Curb Ramps and Blended Transitions
(R309.4)
Curb ramps or blended transitions
must connect the access aisle serving
each accessible on-street parking space
to the pedestrian access route. Curb
ramps are not permitted within the
access aisle. Parking spaces at the end
of block face can be served by curb
ramps or blended transitions at the
pedestrian street crossing. Detectable
warning surfaces are not required on
curb ramps and blended transitions that
connect the access aisle to the sidewalk,
including where the sidewalk is at the
same level as the parking spaces, unless
the curb ramps and blended transitions
also serve pedestrian street crossings.
Parking Meters and Parking Pay Stations
(R309.5)
Operable parts of parking meters and
parking pay stations that serve
accessible on-street parking spaces must
comply with technical requirements for
operable parts in Chapter R4. Displays
and information must be visible from a
point located 1 meter (3.3 feet)
maximum above the center of the clear
space in front of the parking meter or
parking pay station. At accessible
parallel parking spaces, parking meters
must be located at the head or foot of
the space.
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R310
Passenger Loading Zones
The technical requirements for
accessible passenger loading zones are
the same as in the 2004 ADA and ABA
Accessibility Guidelines. A vehicular
pull-up space 2.4 meters (8 feet) wide
minimum and 6.1 meters (20 feet) long
minimum must be provided at
accessible passenger loading zones. An
access aisle must be provided at the
same level as the vehicle pull-up space.
The access aisle must be 1.5 meters (5
feet) wide minimum, extend the entire
length of the vehicle pull-up space, and
connect to the pedestrian access route.
The access aisle must be marked to
discourage parking in the aisle and
comply with the technical requirements
for surfaces (see R302.7).
Chapter R4: Supplementary Technical
Requirements
Chapter R4 contains supplementary
technical requirements that are the same
as in the 2004 ADA and ABA
Accessibility Guidelines unless
otherwise noted below.
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R401
General
The supplementary technical
requirements in Chapter R4 apply where
required by scoping requirements in
Chapter R2, or where referenced by
another technical requirement in
Chapters R3 or R4.
R402
Protruding Objects
Objects with leading edges between
685 millimeters (2.25 feet) and 2 meters
(6.7 feet) above the finish surface must
not protrude into pedestrian circulation
paths more than 100 millimeters (4
inches). Post-mounted objects such as
signs that are between 685 millimeters
(2.25 feet) and 2 meters (6.7 feet) above
the finish surface must not overhang
pedestrian circulation paths more than
100 millimeters (4 inches) measured
horizontally from the base of the post.
The post base must be 64 millimeters
(2.5 inches) thick minimum. Where
objects are mounted between posts and
the clear distance between the posts is
more than 305 millimeters (1 foot), the
lowest edge of the object must be 685
millimeters (2.25 feet) minimum or 2
meters (6.7 feet) maximum above the
finish surface. The requirement for postmounted objects differs from the 2004
ADA and ABA Accessibility Guidelines
but is consistent with the MUTCD
which requires the bottom of signs
installed on the sidewalk to be 7 feet
minimum above the sidewalk, and the
bottom of secondary signs (i.e., signs
mounted below another sign) that are
lower than 7 feet above the sidewalk to
project not more than 4 inches into the
sidewalk (see MUTCD section 2A.18).
Guardrails or other barriers to
pedestrian travel must be provided
where the vertical clearance on
pedestrian circulation paths is less than
2 meters (6.7 feet) high. The leading
edge of the guardrail or barrier must be
685 millimeters (2.25 feet) maximum
above the finish surface.
R403
Operable Parts
An operable part is a component of an
element used to insert or withdraw
objects, or to activate, deactivate, or
adjust the element (see R105.5). The
technical requirements for operable
parts apply to operable parts on
accessible pedestrian signals and
pedestrian pushbuttons (see R209) and
parking meters and parking pay stations
that serve accessible parking spaces (see
R309.5). A clear space must be provided
at operable parts (see R404). Operable
parts must be located within the reach
ranges (see R406). Operable parts must
be operable with one hand and not
require tight grasping, pinching, or
twisting of the wrist. The force required
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to activate operable parts must be no
more than 22 newtons (5 pounds).
R404
Clear Spaces
Clear spaces are required at operable
parts (see R403.2), including accessible
pedestrian signals and pedestrian
pushbuttons (see R209) and parking
meters and parking pay stations that
serve accessible parking spaces (see
R309.5). Clear spaces are also required
at benches (see R212.6) and within
transit shelters (see R308.2). Clear
spaces must be 760 millimeters (2.5 feet)
minimum by 1220 millimeters (4 feet)
minimum. Additional maneuvering
space must be provided where an
element is confined on all or part of
three sides. Clear spaces are permitted
to include knee and toe clearance and
to be positioned for either forward or
parallel approach to an element, unless
another requirement specifies
otherwise. The running slope of clear
spaces is permitted to be consistent with
the grade of the adjacent pedestrian
access route. This requirement differs
from the 2004 ADA and ABA
Accessibility Guidelines which does not
permit slopes steeper than 2 percent at
clear spaces. A 2 percent maximum
cross slope is specified for clear spaces.
Clear spaces must comply with the
technical requirements for surfaces (see
R302.7).
R405
Knee and Toe Clearance
The technical requirements for knee
and toe clearance apply where space
beneath an element is included as part
of the clear space.
R406
Reach Ranges
Forward and side reach ranges must
be between 380 millimeters (1.25 feet)
and 1220 millimeters (4 feet) above the
finish surface. The requirements for
reach ranges differ from the 2004 ADA
and ABA Accessibility Guidelines in
that forward reach over an obstruction
is not permitted, and side reach over an
obstruction is permitted where the
depth of the obstruction between the
clear space and the element is 225
millimeters (10 inches) maximum.
R407
Ramps
R408
Stairways
R409
Handrails
R410
Visual Characters on Signs
R411 International Symbol of
Accessibility
The technical requirements ramps,
stairways, handrails, visual characters
on signs, and the International Symbol
of Accessibility are the same as in the
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2004 ADA and ABA Accessibility
Guidelines.
Other Issues
Rollability and Smoothness of Walking
Surfaces
Rollability refers to the ease and
comfort with which pedestrians using
wheelchairs and other wheeled mobility
devices can travel on walking surfaces.
Rough or jointed walking surfaces can
cause pedestrians using wheelchairs
and other wheeled mobility devices to
expend extra energy or pushing effort
that makes it more difficult for them to
use the walking surface, and the
resulting surface vibration can cause
discomfort or pain that may prevent
them from using the walking surface all
together. There are smoothness
measures for road surfaces but no
similar measures for walking surfaces.
The Access Board is sponsoring
preliminary research that will produce a
plan for a test protocol and
instrumentation to measure the
rollability and smoothness of walking
surfaces and to establish an index of
surface vibration.
Question 21. The Access Board seeks
information on related research and
sources of expertise on measuring the
rollability and smoothness of walking
surfaces, including information from the
medical community on the effects of
surface vibration on individuals with
disabilities.
Shared Streets
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A shared street is a common space
designed for use by pedestrians,
bicyclists, and vehicles.44 Shared streets
typically do not have curbs and
delineated sidewalks. Vehicles typically
travel at low speeds on shared streets.
Trees, planters, parking areas, and other
obstacles may be placed on shared
streets to slow vehicles. Shared streets
can be in a commercial area or
residential area. Shared streets are
difficult for pedestrians who are blind
or have low vision to navigate because
of the absence of curbs and clearly
delineated sidewalks.45 The Pedestrian
44 The Pedestrian and Bicycle Information Center
provides information on shared streets on its Web
site at: https://www.walkinginfo.org/engineering/
calming-street.cfm.
45 Focus groups and surveys of pedestrians who
are blind or have low vision conducted in the
United Kingdom and Netherlands document the
difficulties that these pedestrians have using shared
streets. See ‘‘The Impact of Shared Surface Streets
and Shared Use Pedestrian/Cycle Paths on the
Mobility and Independence of Blind and Partially
Sighted People’’ (2010); ‘‘Shared Surface Street
Design Research Project, The Issues: Report of
Focus Groups’’ (2006); and ‘‘Shared Surface Street
Design: Report of Focus Groups Held in Holland’’
(2006). The reports are available on the Guide Dogs
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Accessibility and Movement
Environment Laboratory at University
College London has conducted limited
research on the use of tactile surfaces to
delineate the space on shared streets
that is to be used exclusively by
pedestrians, and not vehicles.46 The
tactile surfaces tested included raised
truncated domes that, in the United
States, are used as detectable warning
surfaces on curb ramps and blended
transitions to indicate the boundary
between the pedestrian route and the
vehicular route at pedestrian street
crossings. Using detectable warning
surfaces to facilitate wayfinding along
shared streets would be expanding the
use of such surfaces.
Question 22. The Access Board seeks
information on the design of shared
streets in the United States, and whether
tactile surfaces or other design features
are used to facilitate wayfinding along
shared streets. The Access Board also
seeks information about other research
that is planned or underway on the use
of tactile surfaces or other design
features to facilitate wayfinding along
shared streets.
Regulatory Process Matters
Executive Orders 12866 and 13563
The Office of Management and Budget
has reviewed this proposed rule
pursuant to Executive Orders 12866 and
13563.47 The Access Board prepared a
for the Blind Association Web site at: https://
www.guidedogs.org.uk/sharedstreets/
index.php?id=203.
46 ‘‘Shared Space Delineators, Are They
Detectable?’’ (2010) at https://www.tap.iht.org/
objects_store/201004/
TfL%20Report%2020100415.pdf. See also ‘‘Testing
Proposed Delineators to Demarcate Pedestrian Paths
in a Shared Space Environment, Report of Design
Trials Conducted at University College London’’
(2008) available on the Guide Dogs for the Blind
Association Web site at: https://
www.guidedogs.org.uk/sharedstreets/
index.php?id=203.
47 Executive Orders 12866 and 13563 establish
and reaffirm principles of regulation that direct
Federal agencies among other things to: ‘‘(1)
Propose or adopt a regulation only upon a reasoned
determination that its benefits justify its costs
(recognizing that some benefits and costs are
difficult to quantify); (2) tailor its regulations to
impose the least burden on society, consistent with
obtaining regulatory objectives, taking into account,
among other things, and to the extent practicable,
the costs of cumulative regulations; (3) select, in
choosing among alternative regulatory approaches,
those approaches that maximize net benefits
(including potential economic, environmental,
public health and safety, and other advantages;
distributive impacts; and equity); (4) to the extent
feasible, specify performance objectives, rather than
specifying the behavior or manner of compliance
that regulated entities must adopt; and (5) identify
and assess available alternatives to direct
regulation, including providing economic
incentives to encourage the desired behavior, such
as user fees or marketable permits, or providing
information upon which choices can be made by
the public.’’ Executive Order 13563, section 1(b).
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regulatory assessment of the potential
costs and benefits of the proposed rule.
The regulatory assessment is available
on the Access Board Web site at:
https://www.access-board.gov/prowac/
index. htm, and is also available in the
regulatory docket at https://
www.regulations.gov. The information
in the regulatory assessment is
discussed in the preamble under
Impacts on State and Local
Governments and under the relevant
requirements in the Section-by-Section
Analysis. The information in the
regulatory assessment is also
summarized in the tables below, As
indicated in the tables below, the
regulatory assessment does not include
estimates of the total annual costs for
two of the requirements in the proposed
guidelines that will have more than
minimal impacts because information is
not available to estimate the costs.
Questions are included in the preamble
seeking additional information to assist
the Board to estimate the total annual
costs of these two requirements and to
refine the cost estimates for the other
requirements in the proposed
guidelines. Consequently, the Access
Board has not determined whether the
proposed guidelines are an
economically significant regulatory
action.48 The Access Board will analyze
the information received in response to
the questions in the preamble. When the
final guidelines are issued, the Access
Board will revise the regulatory
assessment and determine whether the
guidelines are an economically
significant regulatory action.
Baseline
All state transportation departments
and most local transportation
departments maintain design manuals
and standard drawings for
improvements in the public right-ofway. The local transportation
department design manuals and
standard drawings are generally
consistent with their state transportation
department design manuals and
standard drawings. State and local
transportation departments use
publications issued by the American
Association of State and Highway
Transportation Officials (AASHTO) in
their design manuals and standard
drawings, including the ‘‘Policy on
Geometric Design of Highways and
48 A regulatory action is economically significant
if it is anticipated to ‘‘[h]ave an annual effect on the
economy of $100 million or more’’ or to ‘‘adversely
affect in a material way the economy, a sector of
the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local,
or tribal government communities.’’ Executive
Order 12866, section 2(f)(1).
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Streets’’ (2004) (commonly referred to as
the ‘‘AASHTO Green Book’’) and the
‘‘Guide for the Planning, Design, and
Operation of Pedestrian Facilities’’
(2004) which incorporate accessibility
in the design of sidewalks and other
pedestrian facilities.49 The Federal
Highway Administration as part of its
stewardship and oversight
responsibilities has also worked with
state transportation departments to
incorporate accessibility in their design
manuals and standards drawings. The
Federal Highway Administration has
issued guidance that the accessibility
standards in the Department of Justice
regulations implementing Title II of the
Americans with Disabilities Act and the
Department of Transportation
regulations implementing Section 504
are to be used to the extent feasible for
the design of pedestrian facilities in the
public right-of-way until new
accessibility standards are adopted for
these facilities.
In the absence of the proposed
guidelines, the regulatory assessment
assumes that state and local
transportation departments will use the
DOJ 2010 Standards in the Department
of Justice regulations implementing
Title II of the Americans with
Disabilities Act to the extent feasible
when designing, constructing, or
altering pedestrian facilities in the
public right-of-way, consistent with the
guidance issued by the Federal Highway
Administration, as well as other
applicable standards and industry
practices. An analysis of the proposed
guidelines compared to the DOJ 2010
Standards, other applicable standards,
and industry practices is included in the
appendix to the regulatory assessment.
The analysis identified four
requirements in the proposed guidelines
that will have more than minimal
impacts on state and local
transportation departments. The factors
used to identify whether the
requirements in the proposed guidelines
will have more than minimal impacts
are discussed in the regulatory
assessment and in the preamble under
Impacts on State and Local
Governments. The four requirements in
the proposed guidelines that will have
more than minimal impacts on state and
local transportation departments are
summarized in the table below, along
with a description of the governmental
units affected by proposed requirements
and questions in the preamble to the
proposed guidelines that seek additional
information on the governmental units
affected.
REQUIREMENTS IN PROPOSED GUIDELINES THAT WILL HAVE MORE THAN MINIMAL IMPACTS ON STATE AND LOCAL
TRANSPORTATION DEPARTMENTS
Requirement
Governmental units affected
Detectable warning surfaces required on newly constructed and altered
curb ramps and blended transitions at pedestrian street crossings
(R208.1 and R305).
Will affect state and local transportation departments that do not currently provide detectable warning surfaces on curb ramps.
Accessible pedestrian signals and pushbuttons required when pedestrian signals newly installed or replaced at signalized intersections
(R209).
Maximum cross slope of 2 percent required on pedestrian access
routes, including within pedestrian street crossings with yield or stop
control (R204.3 and R302.6).
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Pedestrian activated signals required at roundabouts with multi-lane
pedestrian crossings (R206 and R306.3.2).
The Access Board entered into an
interagency agreement with the Volpe
National Transportation Systems Center
(Volpe Center) to gather data and
All state transportation departments currently specify detectable warning surfaces on curb ramps in their standard drawings; most local
transportation departments maintain standard drawings that are consistent with standard drawings maintained by their state transportation departments.
Questions 4, 5, and 6 in preamble seek information on state and local
transportation departments that do not currently provide detectable
warning surfaces on curb ramps.
Will affect state and local transportation departments that do not currently provide accessible pedestrian signals and pedestrian pushbuttons when pedestrian signals are newly installed or replaced at
signalized intersections.
Some state and local transportation departments currently provide accessible pedestrian signals and pedestrian pushbuttons when pedestrian signals are newly installed or replaced at signalized intersections; TEA–21 (23 U.S.C. 217 (g)) directed that audible traffic signals
be included in transportation plans and projects where appropriate.
Question 9 in preamble seeks information on state and local transportation departments that currently provide accessible pedestrian signals and pedestrian pushbuttons when pedestrian signals are newly
installed or replaced at signalized intersections.
Will affect state and local transportation departments that construct
new tabled intersections in hilly urban areas which contain pedestrian street crossings with yield or stop control.
Question 14 in preamble seeks information on the current design policies and practices of state and local transportation departments with
respect to tabling newly constructed intersections in hilly urban
areas, particularly with respect to extending the tabling to pedestrian
street crossings with yield or stop control.
Will affect state and local transportation departments that construct
new roundabouts with multi-lane pedestrian street crossings.
prepare cost estimates for the regulatory
assessment. The cost estimates prepared
by the Volpe Center are summarized in
the table below, along with questions in
the preamble to the proposed guidelines
that seek additional information to
refine the cost estimates.
49 See footnote 20 for additional information on
the AASHTO publications and accessibility.
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44685
ESTIMATED TOTAL ANNUAL COSTS FOR REQUIREMENTS THAT WILL HAVE MORE THAN MINIMAL IMPACTS ON STATE AND
LOCAL TRANSPORTATION DEPARTMENTS
Requirement
Additional costs per element or
facility due to requirement
Number of elements or facilities
constructed or altered on annual
basis
Detectable warning surfaces required on newly constructed and
altered curb ramps and blended
transitions at pedestrian street
crossings (R208.1 and R305).
$48 to $240 for detectable warning materials for typical curb
ramp.
No information available ...............
No estimate provided.
Question 8 in preamble seeks additional information on costs for
detectable warning materials
and installation of the materials
on typical curb ramp.
Question 7 in preamble seeks information on number of curb
ramps that are constructed or
altered on an annual basis in
the public right-of-way.
$3,600 per signalized intersection
Pedestrian signals newly installed
or replaced at 13,095 signalized
intersections on an annual
basis.
Total annual costs will depend on
number of state and local transportation departments that do
not currently provide detectable
warning surfaces on curb
ramps, and number of curb
ramps that they construct or
alter on an annual basis.
$47 million.
Accessible pedestrian signals and
pushbuttons required when pedestrian signals newly installed
or replaced at signalized intersections (R209).
Maximum cross slope of 2 percent
required on pedestrian access
routes, including within pedestrian street crossings with yield
or stop control (R204.3 and
R302.6).
Pedestrian activated signals required at roundabouts with multilane pedestrian crossings (R206
and R306.3.2).
Question 10 in preamble seeks
additional information on costs
for providing accessible pedestrian signals and pedestrian
pushbuttons at signalized intersections.
$60,000 per tabled intersection ....
Question 15 in preamble seeks
additional information on costs
to extend tabling of newly constructed intersections in hilly
urban areas to pedestrian street
crossings with yield or stop
control.
$90,000 to $230,000 per roundabout.
Total annual costs for requirement
No information available ...............
No estimate provided.
Question 16 in preamble seeks information on number of tabled
intersections which contain pedestrian street crossings with
yield or stop control that are
newly constructed in hilly urban
areas on an annual basis.
27 new roundabouts with multilane pedestrian street crossings
constructed on an annual basis.
Total annual costs will depend on
number of tabled intersections
which contain pedestrian street
crossings with yield or stop
control that are newly constructed in hilly urban areas on
an annual basis.
$2.4 million to $6.2 million.
Question 19 in preamble seeks
additional information on costs
to provide pedestrian activated
signals at roundabouts with
multi-lane pedestrian crossings.
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Benefits
The proposed guidelines will benefit
pedestrians with disabilities. The U.S.
Census Bureau reports that 54.4 million
Americans, about one in five U.S.
residents, reported some level of
disability in 2005.50 The number of
individuals with disabilities is almost
equal to the combined total population
of California and Florida. The U.S.
Census Bureau provides this breakdown
of the population of people aged 15 and
older:
50 ‘‘Americans with Disabilities: 2005’’ (2008)
available on the Web at: https://www.census.gov/
prod/2008pubs/p70-117.pdf.
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• 27.4 million (11.9 percent) had
difficulty with ambulatory activities of
the lower body;
• 22.6 million people (9.8 percent)
had difficulty walking a quarter of a
mile;
• 21.8 million (9.4 percent) had
difficulty climbing a flight of stairs;
• 10.2 million (4.4 percent) used a
cane, crutches, or walker to assist with
mobility;
• 3.3 million (1.4 percent) used a
wheelchair or other wheeled mobility
device; and
• 7.8 million (3 percent) had
difficulty seeing words or letters in
ordinary newspaper print, including 1.8
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million who are completely unable to
see.
Executive Order 13563 states that to
the extent permitted by law Federal
agencies must ‘‘propose or adopt a
regulation only upon a reasoned
determination that its benefits justify its
costs (recognizing that some benefits
and costs are difficult to quantify)’’ and
that ‘‘where appropriate and permitted
by law, each agency may consider and
(discuss qualitatively) values that are
difficult or impossible to quantify,
including equity, human dignity,
fairness, and distributive impacts.’’ The
proposed guidelines promote important
societal values that are difficult or
impossible to quantify. As discussed
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above under the Need for Rulemaking,
when enacting the Americans with
Disabilities Act, Congress found ‘‘the
discriminatory effects of architectural,
transportation, and communication
barriers’’ to be a continuing problem
that ‘‘denies people with disabilities the
opportunity to compete on an equal
basis and to pursue those opportunities
for which our free society is justifiably
famous, and costs the United States
billions of dollars in unnecessary
expenses resulting from dependency
and nonproductivity.’’ 42 U.S.C.
12101(a)(5) and (9). Congress declared
that ‘‘the Nation’s proper goals
regarding individuals with disabilities
are to assure equality of opportunity,
full participation, independent living,
and economic self-sufficiency.’’ 42
U.S.C. 12101(a)(8). The proposed
guidelines promote the goals declared
by Congress by eliminating the
discriminatory effects of architectural,
transportation, and communication
barriers in the design and construction
of pedestrian facilities in the public
right-of-way. The proposed guidelines
are also important to achieving the
benefits of the other parts of the
Americans with Disabilities Act. As the
House Report for the Americans with
Disabilities Act stated, ‘‘[t]he
employment, transportation, and public
accommodation sections * * * would
be meaningless if people who use
wheelchairs were not afforded the
opportunity to travel on and between
the streets.’’ H.R. 485, 101st Cong., 2d
Sess. 84 (1990).
Question 23. Comments are requested
on whether the proposed guidelines
have other quantitative or qualitative
benefits in addition to those discussed
above.
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Regulatory Flexibility Act: Initial
Regulatory Flexibility Analysis
The impacts of the proposed
guidelines on small governmental
jurisdictions with a population of less
than 50,000 are discussed below. This
information is required by the
Regulatory Flexibility Act (5 U.S.C.
603).
Reasons for Issuing Proposed
Accessibility Guidelines
The Access Board’s current
accessibility guidelines, the 2004 ADA
and ABA Accessibility Guidelines, were
developed primarily for buildings and
facilities on sites. Some of the
requirements in the 2004 ADA and ABA
Accessibility Guidelines can be readily
applied to pedestrian facilities in the
public right-of-way, but other
requirements need to be adapted for
pedestrian facilities in the public right-
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of-way. The proposed guidelines are
developed specifically for pedestrian
facilities in the public right-of-way and
address conditions and constraints that
exist in the public right-of-way.
are adopted, without or without
additions and modifications, as
accessibility standards by other Federal
agencies. There are no reporting or
recordkeeping requirements.
Objectives of, and Legal Basis for,
Proposed Accessibility Guidelines
The Access Board is required to issue
accessibility guidelines by the
Americans with Disabilities Act (42
U.S.C. 12204) and Section 502 of the
Rehabilitation Act (29 U.S.C. 792) to
ensure that newly constructed and
altered facilities are readily accessible to
and usable by pedestrians with
disabilities.
Other Federal Rules
The Department of Justice,
Department of Transportation, and
General Services Administration are
responsible for issuing accessibility
standards that are consistent with the
accessibility guidelines issued by the
Access Board and are expected to
conduct rulemaking to adopt the
proposed guidelines, with or without
additions and modifications, as
accessibility standards in regulations
implementing Title II of the Americans
with Disabilities Act (28 CFR part 36
and 49 CFR part 37), Section 504 of the
Rehabilitation Act (49 CFR part 27), and
the Architectural Barriers Act (41 CFR
part 102). Additional information on
these laws and regulations is provided
under the Statutory and Regulatory
Background in the preamble to the
proposed guidelines.
Small Governmental Jurisdictions
Affected by Proposed Accessibility
Guidelines
The number of small governmental
jurisdictions with a population less than
50,000 affected by the proposed
guidelines is shown in the table below.
Governmental jurisdictions
Population
less than
50,000
Significant Alternatives Which
Minimize Any Significant Economic
Impacts on Small Entities
The regulatory assessment analyzes
Total ...................................
37,375 the following four requirements in the
Source: U.S. Census Bureau 2002 Census proposed guidelines that will have more
of
Governments
available
at:
https:// than minimal impacts on state and local
www.census.gov/prod/2003pubs/gc021x1.pdf.
transportation departments:
• Detectable warning surfaces
Almost 70 percent of municipal
governments (13,038) and more than 75 required on newly constructed and
altered curb ramps and blended
percent of towns and townships
transitions at pedestrian street crossings
(12,331) have a population of less than
(see R208.1 and R305). Detectable
2,500. Many of these small
warning surfaces consist of small
governmental jurisdictions are located
truncated domes that are detectable
in rural areas, which generally do not
underfoot. Where curb ramps or
construct pedestrian transportation
blended transitions are provided at
networks (e.g., sidewalks, pedestrian
street crossings, and pedestrian signals). pedestrian street crossings, detectable
warning surfaces indicate the boundary
Compliance Requirements
between a pedestrian route and a
The proposed accessibility guidelines vehicular route for pedestrians who are
address the design, construction, and
blind or have low vision in place of the
alteration of pedestrian facilities in the
missing curb.
public right-of-way, including
• Accessible pedestrian signals and
sidewalks, pedestrian street crossings,
pedestrian pushbuttons required when
pedestrian overpasses and underpasses, pedestrian signals newly installed or
curb ramps and blended transitions at
replaced at signalized intersections (see
pedestrian street crossings, pedestrian
R209). Accessible pedestrian signals and
signals, street furniture (i.e., drinking
pedestrian pushbuttons communicate
fountains, public toilet facilities, tables, the information about the WALK and
counters, and benches), pedestrian
DON’T WALK intervals at signalized
signs, transit stops and transit shelters
intersections in non-visual formats (i.e.,
for buses and light rail vehicles, onaudible tones and vibrotactile surfaces)
street parking that is marked or metered, to pedestrians who are blind or have
and passenger loading zones. The
low vision.
Section-by-Section Analysis of the
• Maximum cross slope of 2 percent
preamble describes the proposed
required on pedestrian access routes,
accessibility guidelines. Compliance
including within pedestrian street
with the proposed accessibility
crossings with yield or stop control.
guidelines is not mandatory until they
Cross slope is the slope perpendicular to
County ......................................
Municipal ...................................
Town or Township ....................
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18,824
16,371
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the direction of pedestrian travel. Cross
slope impedes travel by pedestrians
who use wheeled mobility devices since
energy must be expended to counteract
the perpendicular force of the cross
slope. The 2 percent maximum cross
slope required on pedestrian access
routes has more than minimal impacts
on the construction of new tabled
intersections in hilly urban areas that
contain pedestrian street crossings with
yield or stop control where vehicles
slow or stop before proceeding through
the intersection.
• Pedestrian activated signals at
roundabouts with multi-lane pedestrian
street crossings. A roundabout is a
circular intersection with yield control
at entry, which permits a vehicle on the
circulatory roadway to proceed, and
with deflection of the approaching
vehicle counter-clockwise around a
central island. Pedestrian activated
signals are required at roundabouts with
multi-lane pedestrian street crossings to
facilitate crossing by pedestrians who
are blind or have low vision. Small
governmental jurisdictions with a
population less than 50,000 are not
likely to construct roundabouts with
multi-lane pedestrian street crossings
and will not be affected by this
requirement.
There are no significant alternatives
that will minimize any significant
impacts of these requirements on small
governmental jurisdictions and achieve
the objectives of the Americans with
Disabilities Act, Section 504 of the
Rehabilitation Act, and the
Architectural Barriers Act to eliminate
the discriminatory effects of
architectural, transportation, and
communication barriers in the design
and construction of pedestrian facilities
in the public right-of-way.
Executive Order 13132: Federalism
The proposed rule adheres to the
fundamental federalism principles and
policy making criteria in Executive
Order 13132. The proposed rule is
issued under the authority of the
Americans with Disabilities Act, civil
rights legislation that was enacted by
Congress pursuant to its authority to
enforce the Fourteenth Amendment to
the U.S. Constitution and to regulate
commerce. The Americans with
Disabilities Act was enacted ‘‘to provide
a clear and comprehensive national
mandate for the elimination of
discrimination against individuals with
disabilities.’’ 42 U.S.C. 12101 (b) (1).
The Americans with Disabilities Act
recognizes the authority of State and
local governments to enact and enforce
laws that ‘‘provide for greater or equal
protection for the rights of individuals
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with disabilities than are afforded by
this chapter.’’ 42 U.S.C. 12201 (b). The
proposed rule is based on the
recommendations of a Federal advisory
committee which included
representatives of state and local
governments. The Access Board made
drafts of the proposed rule available for
public review and comment. State and
local governments provided comments
on the drafts of the proposed rule.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
does not apply to proposed or final rules
that enforce constitutional rights of
individuals or enforce statutory rights
that prohibit discrimination on the basis
of race, color, sex, national origin, age,
handicap, or disability. Since the
proposed rule is issued under the
Americans with Disabilities Act, which
prohibits discrimination on the basis of
disability, an assessment of the rule’s
effect on State, local, and tribal
governments, and the private sector is
not required by the Unfunded Mandates
Reform Act.
List of Subjects in 36 CFR Part 1190
Buildings and facilities, Civil rights,
Individuals with disabilities,
Transportation.
Nancy Starnes,
Chair.
For the reasons stated in the
preamble, the Access Board proposes to
add part 1190 to title 36 of the Code of
Federal Regulations to read as follows:
PART 1190—ACCESSIBILITY
GUIDELINES FOR PEDESTRIAN
FACILITIES IN THE PUBLIC RIGHT-OFWAY
Sec.
1190.1 Accessibility guidelines.
Appendix to Part 1190—Accessibility
Guidelines for Pedestrian Facilities in
the Public Right-of-Way
Authority: 29 U.S.C. 792 and 42 U.S.C.
12204.
§ 1190.1
Accessibility Guidelines.
The accessibility guidelines for
pedestrian facilities in the public rightof-way are set forth in the appendix to
this part. When the guidelines are
adopted, with or without additions and
modifications, as accessibility standards
in regulations issued by other Federal
agencies implementing the Americans
with Disabilities Act, Section 504 of the
Rehabilitation Act, and the
Architectural Barriers Act, compliance
with the accessibility standards is
mandatory. A copy of the guidelines
with figures is available on the Access
Board Web site at: https://www.access-
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44687
board.gov/prowac/nprm.htm. Except for
the International Symbol of
Accessibility in Figure R411, which is
included in the appendix to this part,
the figures are for illustration purposes
only and do not establish requirements.
Appendix to Part 1190—Accessibility
Guidelines for Pedestrian Facilities in
the Public Right-of-Way
CHAPTER R1: APPLICATION AND
ADMINISTRATION
R101 Purpose
R101.1 General. This document contains
scoping and technical requirements to ensure
that facilities for pedestrian circulation and
use located in the public right-of-way are
readily accessible to and usable by
pedestrians with disabilities. Compliance
with this document is mandatory when
required by regulations issued by federal
agencies that include accessibility standards
for the design, construction, and alteration of
pedestrian facilities in the public right-ofway.
Advisory R101.1 General. Sections
marked as ‘‘advisory’’ contain advisory
information related to the preceding section.
Advisory sections do not establish mandatory
requirements. Some advisory sections
reference related mandatory requirements to
alert readers about those requirements.
R101.2 Effect on Existing Facilities. This
document does not address existing facilities
unless the facilities are included within the
scope of an alteration undertaken at the
discretion of a covered entity.
Advisory R101.2 Effect on Existing
Facilities. The Department of Justice
regulations implementing Title II of the
Americans with Disabilities Act contain
requirements for state and local governments
regarding program accessibility and existing
facilities. See 28 CFR 35.150. The
Department of Transportation regulations
implementing Section 504 of the
Rehabilitation Act also contain requirements
for recipients of federal financial assistance
from the Department regarding compliance
planning. See 49 CFR 27.11(c).
R102 Equivalent Facilitation. The use of
alternative designs, products, or technologies
that result in substantially equivalent or
greater accessibility and usability than the
requirements in this document is permitted.
R103 Conventions
R103.1 Conventional Industry
Tolerances. Dimensions are subject to
conventional industry tolerances except
where dimensions are stated as a range.
Advisory R103.1.1 Conventional Industry
Tolerances. Conventional industry tolerances
include tolerances for field conditions and
tolerances that may be a necessary
consequence of a particular manufacturing
process. Conventional industry tolerances do
not apply to design work.
R103.2 Calculation of Percentages. Where
the required number of elements or facilities
to be provided is determined by calculations
of ratios or percentages and remainders or
fractions result, the next greater whole
number of such elements or facilities shall be
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provided. Where the determination of the
required size or dimension of an element or
facility involves ratios or percentages,
rounding down for values less than one half
is permitted.
R103.3 Units of Measurement.
Measurements are stated in metric and U.S.
customary units. The values stated in each
system (metric and U.S. customary units)
may not be exact equivalents, and each
system shall be used independently of the
other.
Advisory R103.3 Units of Measurement.
Users should work entirely within one
system of measurement, either metric or U.S.
customary units. Combining values from the
two systems may result in non-compliance.
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R104
Referenced Standards
R104.1 Incorporation by Reference. The
specific editions of the standards listed in
R104.2 are incorporated by reference in this
document and are part of the requirements to
the prescribed extent of each such reference.
The Director of the Federal Register has
approved the standards for incorporation by
reference in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies of the referenced
standards may be inspected at the Access
Board, 1331 F Street, NW., Suite 1000,
Washington, DC 20004; or at the National
Archives and Records Administration
(NARA). For information on the availability
of the referenced standards at NARA, call
(202) 741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
R104.2 MUTCD. The portions of the
Manual on Uniform Traffic Control Devices
for Streets and Highways (MUTCD), 2009
Edition, that are incorporated by reference in
this document consist of definitions (see
R105.2) and standard statements, as defined
in section 1A.13 of the MUTCD (see R205,
R209, and R306.3). Guidance, option, and
support statements, as defined in section
1A.13 of the MUTCD, shall be used to assist
in the interpretation of the standard
statements. Where there are differences
between this document and the referenced
standards, this document applies. The
MUTCD is available on the Federal Highway
Administration Web site at https://
mutcd.fhwa.dot.gov. Printed copies may be
purchased from the American Association of
State Highway and Transportation Officials,
444 N Capitol Street, NW., Washington, DC
20001 (https://www.transportation.org/).
Advisory R104.2 MUTCD. MUTCD
definitions and standard statements are
referenced in the following sections of this
document:
• R105.2 references definitions in section
1A.13 of the MUTCD;
• R205 references standard statements in
sections 6D.01, 6D.02, 6G.05, 6F.63, 6F.68,
and 6F.71 of the MUTCD for providing
alternate pedestrian access routes when a
pedestrian circulation path is temporarily
closed;
• R209 references standard statements in
sections 4E.08 through 4E.13 of the MUTCD
for accessible pedestrian signals and
pedestrian pushbuttons; and
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• R306.2 references standard statements in
section 4E.06 of the MUTCD for pedestrian
signal phase timing.
R105 Definitions
R105.1 General. For the purpose of this
document, the terms defined in R105.5 have
the indicated meaning.
R105.2 Terms Defined in Referenced
Standards. Terms used in specific sections of
the MUTCD that are incorporated by
reference in this document shall have the
meaning specified in section 1A.13 of the
MUTCD (incorporated by reference, see
R104.2). In addition, the following terms
shall have the meaning specified in section
1A.13 of the MUTCD (incorporated by
reference, see R104.2): highway, intersection,
island, median, pedestrian, roundabout,
sidewalk, splitter island, and street.
R105.3 Undefined Terms. The meaning of
terms not specifically defined in R105.5, the
referenced standards, or regulations issued
by Federal agencies that adopt this document
as accessibility standards shall be as defined
by collegiate dictionaries in the sense that the
context implies.
R105.4 Interchangeability. Words, terms,
and phrases used in the singular include the
plural and those used in the plural include
the singular.
R105.5 Defined Terms.
Accessible. Describes a facility in the
public right-of-way that complies with this
document.
Alteration. A change to a facility in the
public right-of-way that affects or could affect
pedestrian access, circulation, or use.
Alterations include, but are not limited to,
resurfacing, rehabilitation, reconstruction,
historic restoration, or changes or
rearrangement of structural parts or elements
of a facility.
Blended Transition. A raised pedestrian
street crossing, depressed corner, or similar
connection between the pedestrian access
route at the level of the sidewalk and the
level of the pedestrian street crossing that has
a grade of 5 percent or less.
Cross Slope. The grade that is
perpendicular to the direction of pedestrian
travel.
Curb Line. A line at the face of the curb
that marks the transition between the curb
and the gutter, street, or highway.
Curb Ramp. A ramp that cuts through or
is built up to the curb. Curb ramps can be
perpendicular or parallel, or a combination of
parallel and perpendicular ramps.
Element. An architectural or mechanical
component of a building, facility, space, site,
or public right-of-way.
Facility. All or any portion of buildings,
structures, improvements, elements, and
pedestrian or vehicular routes located in the
public right-of-way.
Grade Break. The line where two surface
planes with different grades meet.
Operable Part. A component of an element
used to insert or withdraw objects, or to
activate, deactivate, or adjust the element.
Pedestrian Access Route. A continuous and
unobstructed path of travel provided for
pedestrians with disabilities within or
coinciding with a pedestrian circulation
path.
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Pedestrian Circulation Path. A prepared
exterior or interior surface provided for
pedestrian travel in the public right-of-way.
Public Right-of-Way. Public land or
property, usually in interconnected corridors,
that is acquired for or dedicated to
transportation purposes.
Qualified Historic Facility. A facility that is
listed in or eligible for listing in the National
Register of Historic Places, or designated as
historic under an appropriate state or local
law.
Running Slope. The grade that is parallel
to the direction of pedestrian travel.
Vertical Surface Discontinuities. Vertical
differences in level between two adjacent
surfaces.
CHAPTER R2: SCOPING REQUIREMENTS
R201
Application
R201.1 Scope. All newly constructed
facilities, altered portions of existing
facilities, and elements added to existing
facilities for pedestrian circulation and use
located in the public right-of-way shall
comply with the requirements in this
document.
Advisory R201.1 Scope. The requirements
in this document are to be applied to all areas
of a facility within the scope of the project.
Where multiple features of the same type are
provided, such as on-street parking spaces,
and a percentage of the features are required
to be accessible, only the required number of
features must comply with the technical
requirements in this document and be
connected to a pedestrian access route.
Where elements are provided on a site that
is a designated portion of a public right-ofway, the elements are required to comply
with the applicable requirements in this
document instead of the requirements in the
Americans with Disabilities Act Accessibility
Guidelines for Buildings and Facilities and
the Architectural Barriers Act Accessibility
Guidelines (36 CFR part 1191).
R201.2 Temporary and Permanent
Facilities. The requirements in this document
shall apply to temporary and permanent
facilities in the public right-of-way.
Advisory R201.2 Temporary and
Permanent Facilities. Temporary pedestrian
circulation paths around work zones and
portable public toilets are examples of
temporary facilities in the public right-of-way
that are covered by the requirements in this
document.
R201.3 Buildings and Structures.
Buildings and structures in the public rightof-way that are not covered by the
requirements in this document shall comply
with the applicable requirements in 36 CFR
part 1191.
Advisory R201.3 Buildings and
Structures. Towers and temporary
performance stages and reviewing stands are
examples of structures that may be provided
in the public right-of-way and are not
covered by the requirements in this
document. These structures are required to
comply with the applicable requirements in
the Americans with Disabilities Act
Accessibility Guidelines for Buildings and
Facilities and the Architectural Barriers Act
Accessibility Guidelines (36 CFR part 1191).
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R202 Alterations and Elements Added to
Existing Facilities
R202.1 General. Alterations and elements
added to existing facilities shall comply with
R202. Where elements are altered or added
and the pedestrian circulation path to the
altered or added elements is not altered, the
pedestrian circulation path is not required to
comply with R204.
Advisory R202.1 General. Where
possible, added elements should be located
on an existing pedestrian access route.
R202.2 Added Elements. Where elements
are added to existing facilities, the added
elements shall comply with the applicable
requirements for new construction.
R202.3 Alterations. Where existing
elements, spaces, or facilities are altered,
each altered element, space, or facility within
the scope of the project shall comply with the
applicable requirements for new
construction.
Advisory R202.3 Alterations. The
alteration of multiple elements or spaces
within a facility may provide a cost-effective
opportunity to make the entire facility or a
significant portion of the facility accessible.
R202.3.1 Existing Physical Constraints.
Where existing physical constraints make it
impracticable for altered elements, spaces, or
facilities to fully comply with the
requirements for new construction,
compliance is required to the extent
practicable within the scope of the project.
Existing physical constraints include, but are
not limited to, underlying terrain, right-ofway availability, underground structures,
adjacent developed facilities, drainage, or the
presence of a notable natural or historic
feature.
R202.3.2 Transitional Segments.
Transitional segments of pedestrian access
routes shall connect to existing unaltered
segments of pedestrian circulation paths and
shall comply with R302 to the extent
practicable.
R202.3.3 Reduction in Access Prohibited.
An alteration shall not decrease or have the
effect of decreasing the accessibility of a
facility or an accessible connection to an
adjacent building or site below the
requirements for new construction in effect at
the time of the alteration.
Advisory R202.3.3 Reduction in Access
Prohibited. Sidewalk improvements that
correct existing excessive cross slope should
be carefully planned to avoid creating
excessive slope in curb ramps or adding a
step at existing building entrances. Solutions
may include:
• Split sidewalks that serve building
entrances and street or highway at separate
levels;
• Sidewalks with greater cross slope along
the curb and pedestrian access routes with
lesser cross slope along building fronts;
• Pedestrian access routes along the curb
and ramped entrances to buildings.
R202.3.4 Alterations to Qualified Historic
Facilities. Where the State Historic
Preservation Officer or Advisory Council on
Historic Preservation determines that
compliance with a requirement would
threaten or destroy historically significant
features of a qualified historic facility,
compliance shall be required to the extent
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that it does not threaten or destroy
historically significant features of the facility.
Advisory R202.3.4 Alterations to
Qualified Historic Facilities. Where there is
a federal agency ‘‘undertaking’’, as defined in
36 CFR 800.16 (y), the requirements in
section 106 of the National Historic
Preservation Act (16 U.S.C. 470f) and 36 CFR
part 800 apply. Location of a facility within
an historic district by itself does not excuse
compliance with the requirements in this
document. The State Historic Preservation
Officer or Advisory Council on Historic
Preservation must determine that compliance
would threaten or destroy historically
significant features of the facility.
Reproductions or replications of historic
facilities are not qualified historic facilities.
R203 Machinery Spaces. Vaults, tunnels,
and other spaces used by service personnel
only for maintenance, repair, or monitoring
are not required to comply with this
document.
R204 Pedestrian Access Routes
R204.1 General. Pedestrian access routes
shall be provided in accordance with R204
and shall comply with R302.
Advisory R204.1 General. The Federal
Highway Administration (FHWA) has issued
guidance on the obligations of state and local
governments to keep pedestrian access routes
open and usable throughout the year,
including snow and debris removal. The
guidance is available at FHWA’s Web site:
https://www.fhwa.dot.gov/civilrights/
programs/ada_sect504qa.htm.
R204.2 Sidewalks. A pedestrian access
route shall be provided within sidewalks and
other pedestrian circulation paths located in
the public right-of-way. The pedestrian
access route shall connect to accessible
elements, spaces, and facilities required by
this document and to accessible routes
required by section 206.2.1 of appendix B to
36 CFR part 1191 or section F206.2.1 of
appendix C to 36 CFR 1191 that connect
building and facility entrances to public
streets and sidewalks.
Advisory R204.2 Sidewalks. The
accessible elements, spaces, and facilities
located in the public right-of-way that
pedestrian access routes must connect to
include accessible pedestrian signals and
pedestrian pushbuttons (see R209), street
furniture (see R212), boarding and alighting
areas and boarding platforms at transit stops
(see R213 and R308.1.3.2), transit shelters
(see R213 and R308.2), accessible on-street
parking spaces (see R214 and R309), parking
meters and parking pay stations serving
accessible parking spaces (see R309.6), and
accessible passenger loading zones (see R215
and R310).
R204.3 Pedestrian Street Crossings. A
pedestrian access route shall be provided
within pedestrian street crossings, including
medians and pedestrian refuge islands, and
pedestrian at-grade rail crossings. The
pedestrian access route shall connect
departure and arrival sidewalks.
R204.4 Pedestrian Overpasses and
Underpasses. A pedestrian access route shall
be provided within overpasses, underpasses,
bridges, and similar structures that contain
pedestrian circulation paths. Where an
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overpass, underpass, bridge, or similar
structure is designed for pedestrian use only
and the approach slope to the structure
exceeds 5 percent, a ramp, elevator, limited
use/limited application elevator, or platform
lift shall be provided. Elevators and platform
lifts shall be unlocked during the operating
hours of the facility served.
Advisory R204.4 Pedestrian Overpasses
and Underpasses. Where an overpass,
underpass, bridge, or similar structure is
designed for both pedestrian and vehicle use
and the pedestrian access route is contained
within the street or highway right-of-way, the
grade of the pedestrian access route must not
exceed the general grade established for the
adjacent street or highway (see R302.5).
Where the pedestrian access route is not
contained within the street or highway rightof-way, the grade of the pedestrian access
route must be 5 percent maximum (see
R302.5). Where pedestrian overpasses or
underpasses provide an alternative
pedestrian circulation path to street level
crossings, both the pedestrian overpass or
underpass and the street level crossing must
contain a pedestrian access route. State and
local governments can provide a ramp,
elevator, or lift at overpasses and
underpasses designed for pedestrian use
only. Long ramps present difficulties for
some pedestrians with disabilities and can
require snow clearance. Elevators or lifts can
require maintenance.
R205 Alternate Pedestrian Access Routes.
When a pedestrian circulation path is
temporarily closed by construction,
alterations, maintenance operations, or other
conditions, an alternate pedestrian access
route complying with sections 6D.01, 6D.02,
and 6G.05 of the MUTCD (incorporated by
reference, see R104.2) shall be provided.
Where provided, pedestrian barricades and
channelizing devices shall comply with
sections 6F.63, 6F.68, and 6F.71 of the
MUTCD (incorporated by reference, see
R104.2).
Advisory R205 Alternate Pedestrian
Access Routes. Section 6G.05 of the MUTCD
recommends that whenever possible work
should be done in a manner that does not
create a need to detour pedestrians from
existing pedestrian routes. Extra distance and
additional pedestrian street crossings add
complexity to a trip and increase exposure of
risk to accidents. Sections 6D.01and 6G.05 of
the MUTCD require alternate pedestrian
routes to be accessible and detectable,
including warning pedestrians who are blind
or have low vision about sidewalk closures.
Proximity-actuated audible signs are a
preferred means to warn pedestrians who are
blind or have low vision about sidewalk
closures.
R206 Pedestrian Street Crossings.
Pedestrian street crossings shall comply with
R306.
Advisory R206 Pedestrian Street
Crossings. All pedestrian street crossings
must be accessible to pedestrians with
disabilities. If pedestrian crossing is
prohibited at certain locations, ‘‘No
Pedestrian Crossing’’ signs should be
provided along with detectable features, such
as grass strips, landscaping, planters, chains,
fencing, railings, or other barriers.
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R207 Curb Ramps and Blended Transitions
R207.1 General. A curb ramp, blended
transition, or a combination of curb ramps
and blended transitions complying with
R304 shall connect the pedestrian access
routes at each pedestrian street crossing. The
curb ramp (excluding any flared sides) or
blended transition shall be contained wholly
within the width of the pedestrian street
crossing served.
R207.2 Alterations. In alterations where
existing physical constraints prevent
compliance with R207.1, a single diagonal
curb ramp shall be permitted to serve both
pedestrian street crossings.
R208 Detectable Warning Surfaces
R208.1 Where Required. Detectable
warning surfaces complying with R305 shall
be provided at the following locations on
pedestrian access routes and at transit stops:
1. Curb ramps and blended transitions at
pedestrian street crossings;
2. Pedestrian refuge islands;
3. Pedestrian at-grade rail crossings not
located within a street or highway;
4. Boarding platforms at transit stops for
buses and rail vehicles where the edges of the
boarding platform are not protected by
screens or guards; and
5. Boarding and alighting areas at sidewalk
or street level transit stops for rail vehicles
where the side of the boarding and alighting
areas facing the rail vehicles is not protected
by screens or guards.
Advisory R208.1 Where Required. On
pedestrian access routes, detectable warning
surfaces indicate the boundary between
pedestrian and vehicular routes where there
is a flush rather than a curbed connection.
Detectable warning surfaces should not be
provided at crossings of residential
driveways since the pedestrian right-of-way
continues across residential driveway aprons.
However, where commercial driveways are
provided with yield or stop control,
detectable warning surfaces should be
provided at the junction between the
pedestrian route and the vehicular route.
Where pedestrian at-grade rail crossings are
located within a street or highway, detectable
warning surfaces at the curb ramps or
blended transitions make a second set of
detectable warning surfaces at the rail
crossing unnecessary.
Detectable warning surfaces are not
intended to provide wayfinding for
pedestrians who are blind or have low vision.
Wayfinding can be made easier by:
• Sidewalks that provide a clear path free
of street furniture;
• Visual contrast between walking and
non-walking areas (e.g., planted borders);
• Route edges that are clear and detectable
by cane;
• Direct pedestrian street crossings and
curb ramps that are in-line with direction of
travel;
• Small corner radiuses that permit
pedestrian street crossings to be as short and
direct as possible;
• Orthogonal intersections that facilitate
navigation using parallel and perpendicular
vehicle sound cues; and
• Barriers where pedestrian travel or
crossing is not permitted.
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R208.2 Where Not Required. Detectable
warning surfaces are not required at
pedestrian refuge islands that are cut-through
at street level and are less than 1.8 meters
(6.0 ft) in length in the direction of
pedestrian travel.
Advisory R208.2 Where Not Required.
Detectable warning surfaces are not required
at cut-through pedestrian refuge islands that
are less than 1.8 meters (6.0 ft) in length
because detectable warning surfaces must
extend 610 millimeters (2.0 ft) minimum on
each side of the island and be separated by
610 millimeters (2.0 ft) minimum length of
island without detectable warning surfaces
(see R305.1.4 and R305.2.4). Installing
detectable warning surfaces at cut-through
pedestrian islands that are less than 1.8
meters (6.0 ft) in length would compromise
the effectiveness of detectable warning
surfaces. Where a cut-through pedestrian
refuge island is less than 1.8 m (6.0 ft) in
length and the pedestrian street crossing is
signalized, the signal should be timed for a
complete crossing of the street.
R209 Accessible Pedestrian Signals and
Pedestrian Pushbuttons
R209.1 General. Where pedestrian signals
are provided at pedestrian street crossings,
they shall include accessible pedestrian
signals and pedestrian pushbuttons
complying with sections 4E.08 through 4E.13
of the MUTCD (incorporated by reference,
see R104.2). Operable parts shall comply
with R406.
Advisory R209 Accessible Pedestrian
Signals and Pedestrian Pushbuttons. An
accessible pedestrian signal and pedestrian
pushbutton is an integrated device that
communicates information about the WALK
and DON’T WALK intervals at signalized
intersections in non-visual formats (i.e.,
audible tones and vibrotactile surfaces) to
pedestrians who are blind or have low vision.
R209.2 Alterations. Existing pedestrian
signals shall comply with R209.1 when the
signal controller and software are altered, or
the signal head is replaced.
R210 Protruding Objects. Objects along or
overhanging any portion of a pedestrian
circulation path shall comply with R402 and
shall not reduce the clear width required for
pedestrian access routes.
Advisory R210 Protruding Objects.
Protruding objects can be hazardous for
pedestrians, especially pedestrians who are
blind or have low vision. The requirements
for protruding objects in R402 apply across
the entire width of the pedestrian circulation
path, not just the pedestrian access route. In
addition, objects must not reduce the clear
width required for pedestrian access routes.
State and local governments must comply
with the requirements for protruding objects
and maintain the clear width of pedestrian
access routes when installing or permitting
the installation of street furniture on
sidewalks, including street lights, utility
poles and equipment cabinets, sign posts and
signs, parking meters, trash receptacles,
public telephones, mailboxes, newspaper
vending machines, benches, transit shelters,
kiosks, bicycle racks, planters and planted
trees, and street sculptures. The American
Association of State Highway and
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Transportation Officials (AASHTO)
recommends that local governments use an
encroachment permit process to regulate the
use of sidewalks by private entities for
activities such as outdoor dining, vending
carts and stands, and street fairs in order to
control protruding objects and maintain the
clear width of pedestrian access routes. See
AASHTO, Guide for the Planning, Design,
and Operation of Pedestrian Facilities (2004),
section 3.2.3.
R211 Signs
R211.1 General. Signs shall comply with
R211. Where audible sign systems and other
technologies are used to provide information
equivalent to the information contained on
pedestrian signs and transit signs, the signs
are not required to comply with R211.2 and
R211.3.
Advisory R211.1 General. Audible sign
systems and other technologies that provide
information equivalent to the information
contained on signs are more usable by
pedestrians who are blind or have low vision.
Remote infrared audible signs that transmit
information to portable devices that are
carried by and audible only to the user are
an example of audible sign systems and other
technologies.
R211.2 Pedestrian Signs. Signs, other
than transit signs, that provide directions,
warnings, or other information for
pedestrians only shall comply with R410.
Advisory R211.2 Pedestrian Signs.
Pedestrian route signs along an historic trail,
sidewalk closure and pedestrian detour signs,
and tourist information signs are examples of
signs that provide directions, warnings, or
other information for pedestrians only. Signs
provided for motorists and pedestrians such
as highway and street name signs are not
required to comply with R410.
R211.3 Transit Signs. Signs that identify
the routes served by transit stops shall
comply with R410.
Advisory R211.3 Transit Signs. Transit
schedules, timetables, and maps are not
required to comply with R410.
R211.4 Accessible Parking Space and
Passenger Loading Zone Signs. Accessible
parking spaces and accessible passenger
loading zones shall be identified by signs
displaying the International Symbol of
Accessibility complying with R411. At
accessible parallel parking spaces and
accessible passenger loading zones, the signs
shall be located at the head or foot of the
parking space or passenger loading zone.
R212 Street Furniture
R212.1 General. Where provided, street
furniture shall comply with the applicable
requirements in R212.
R212.2 Drinking Fountains. Drinking
fountains shall comply with sections 602.1
through 602.6 of Appendix D to 36 CFR part
1191.
R212.3 Public Toilet Facilities. Public
toilet facilities shall comply with sections
206.2.4 and 603 of Appendix D to 36 CFR
part 1191. At least one fixture of each type
provided shall comply with sections 604
through 610 of Appendix D to 36 CFR part
1191. Where multiple single-user public
toilet facilities are clustered at a single
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location, at least 5 percent, but no less than
one, of single-user toilets at each cluster shall
comply with R212.3 and shall be identified
by the International Symbol of Accessibility
complying with R411.
R212.4 Tables. At least 5 percent, but no
less than one, of tables at each location shall
comply with section 902 of Appendix D to
36 CFR part 1191.
R212.5 Counters. Counters shall comply
with section 904 of Appendix D to 36 CFR
part 1191.
R212.6 Benches. At least 50 percent, but
no less than one, of benches at each location
shall provide clear space complying with
R404 adjacent to the bench. The clear space
shall be located either at one end of the
bench or shall not overlap the area within
460 mm (1.5 ft) from the front edge of the
bench. Benches at tables are not required to
comply.
Advisory R212.6 Benches. Benches that
provide full back support and armrests to
assist in sitting and standing are more usable
by pedestrians with disabilities.
R213 Transit Stops and Transit Shelters.
Where provided, transit stops and transit
shelters shall comply with R308.
Advisory R213 Transit Stops and Transit
Shelters. Transit stops in the public right-ofway typically serve fixed route bus systems,
including bus rapid transit systems, and light
rail transit systems. Signs that identify the
routes served by the transit stop must comply
with the technical requirements for visual
characters on signs unless audible sign
systems or other technologies are used to
provide the information (see R211 and R410).
The Federal Highway Administration
(FHWA) has issued guidance on the
obligations of state transportation
departments, metropolitan planning
organizations, and transit agencies to
coordinate the planning and funding of
accessibility improvements to transit systems
and facilities. The guidance is available at
FHWA’s Web site: https://www.fhwa.dot.gov/
civilrights/memos/
ada_memo_clarificationa.htm.
R214 On-Street Parking Spaces. Where
on-street parking is provided on the block
perimeter and the parking is marked or
metered, accessible parking spaces
complying with R309 shall be provided in
accordance with Table R214. Where parking
pay stations are provided and the parking is
not marked, each 6.1 m (20.0 ft) of block
perimeter where parking is permitted shall be
counted as one parking space.
TABLE R214—ACCESSIBLE PARKING
SPACES
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Total number of marked or
metered parking spaces on
the block perimeter
1 to 25 .................................
26 to 50 ...............................
51 to 75 ...............................
76 to 100 .............................
101 to 150 ...........................
151 to 200 ...........................
201 and over .......................
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Minimum
required number of accessible parking
spaces
1
2
3
4
5
6
4% of total
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Advisory R214 On-Street Parking Spaces.
The MUTCD contains provisions for marking
on-street parking spaces (see section 3B.19).
Metered parking includes parking metered by
parking pay stations. Where parking on part
of the block perimeter is altered, the
minimum number of accessible parking
spaces required is based on the total number
of marked or metered parking spaces on the
block perimeter.
R215 Passenger Loading Zones. Where
passenger loading zones other than transit
stops are provided, at least one accessible
passenger loading zone complying with R310
shall be provided for each 30 m (100.0 ft) of
continuous loading zone space or fraction
thereof.
R216 Stairways and Escalators. Where
provided on pedestrian circulation paths,
stairways shall comply with R408 and
escalators shall comply with section 810.9 of
Appendix D to 36 CFR part 1191. Stairways
and escalators shall not be part of a
pedestrian access route.
R217 Handrails. Where provided on
pedestrian circulation paths, handrails shall
comply with R409.
R218 Doors, Doorways, and Gates. Where
provided at pedestrian facilities, doors,
doorways, and gates shall comply with
section 404 of Appendix D to 36 CFR part
1191.
Advisory R218 Doors, Doorways, and
Gates. Enclosed transit shelters are an
example of pedestrian facilities where doors
and doorways are provided.
CHAPTER R3: TECHNICAL
REQUIREMENTS
R301 General
R301.1 Scope. The technical
requirements in Chapter 3 shall apply where
required by Chapter 2 or where referenced by
a requirement in this document.
R302 Pedestrian Access Routes
R302.1 General. Pedestrian access routes
shall comply with R302.
R302.2 Components. Pedestrian access
routes shall consist of one or more of the
following components:
1. Sidewalks and other pedestrian
circulation paths, or a portion of sidewalks
and other pedestrian circulation paths,
complying with R302.3 through R302.7;
2. Pedestrian street crossings and at-grade
rail crossings complying with R302.3 through
R302.7, and R306;
3. Pedestrian overpasses and underpasses
and similar structures complying with
R302.3 through R302.7;
4. Curb ramps and blended transitions
complying with R302.7 and R304;
5. Ramps complying with R407;
6. Elevators and limited use/limited
application elevators complying with
sections 407 or 408 of Appendix D to 36 CFR
part 1191;
7. Platform lifts complying with section
410 of Appendix D to 36 CFR part 1191; and
8. Doors, doorways, and gates complying
with section 404 of Appendix D to 36 CFR
part 1191.
Advisory R302.2 Components. The
technical requirement for elevators, limited
use/limited application elevators, platform
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lifts, and doors, doorways, and gates are
contained in the Americans with Disabilities
Act Accessibility Guidelines for Buildings
and Facilities and the Architectural Barriers
Act Accessibility Guidelines (36 CFR part
1191).
R302.3 Continuous Width. Except as
provided in R302.3.1, the continuous clear
width of pedestrian access routes shall be 1.2
m (4.0 ft) minimum, exclusive of the width
of the curb.
Advisory R302.3 Continuous Width. The
continuous clear width requirements in
R302.3 apply to sidewalks and other
pedestrian circulation paths, pedestrian
street crossings and at-grade rail crossings,
and pedestrian overpasses and underpasses
and similar structures (see R302.2). Clear
width requirements are contained in
R304.5.1 for curb ramps and blended
transitions, and in R407.5 for ramps. Where
sidewalks are wider than 1.2 m (4.0 ft), only
a portion of the sidewalk is required to
comply with the requirements in R302.3
through R302.7. Additional maneuvering
space should be provided at turns or changes
in direction, transit stops, recesses and
alcoves, building entrances, and along curved
or angled routes, particularly where the grade
exceeds 5 percent. R210 prohibits street
furniture and other objects from reducing the
minimum clear width of pedestrian access
routes.
R302.3.1 Medians and Pedestrian Refuge
Islands. The clear width of pedestrian access
routes within medians and pedestrian refuge
islands shall be 1.5 m (5.0 ft) minimum.
R302.4 Passing Spaces. Where the clear
width of pedestrian access routes is less than
1.5 m (5.0 ft), passing spaces shall be
provided at intervals of 61 m (200.0 ft)
maximum. Passing spaces shall be 1.5 m (5.0
ft) minimum by 1.5 m (5.0 ft) minimum.
Passing spaces are permitted to overlap
pedestrian access routes.
R302.5 Grade. Except as provided in
R302.5.1, where pedestrian access routes are
contained within a street or highway right-ofway, the grade of pedestrian access routes
shall not exceed the general grade established
for the adjacent street or highway. Where
pedestrian access routes are not contained
within a street or highway right-of-way, the
grade of pedestrian access routes shall be 5
percent maximum.
Advisory R302.5 Grade. The grade
requirements in R302.5 apply to sidewalks
and other pedestrian circulation paths,
pedestrian street crossings and at-grade rail
crossings, and pedestrian overpasses and
underpasses and similar structures (see
R302.2). The grade of the pedestrian access
route is measured parallel to the direction of
pedestrian travel. Running slope
requirements are contained in R304.2.2 for
perpendicular curb ramps, in R304.3.2 for
parallel curb ramps, in R304.4.1 for blended
transitions, and in R407.2 for ramps.
R302.5.1 Pedestrian Street Crossings.
Where pedestrian access routes are contained
within pedestrian street crossings, the grade
of the pedestrian access route shall be 5
percent maximum.
R302.6 Cross Slope. Except as provided
in R302.6.1 and R302.6.2, the cross slope of
pedestrian access routes shall be 2 percent
maximum.
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Advisory R302.6 Cross Slope. The cross
slope requirements in R302.6 apply to
sidewalks and other pedestrian circulation
paths, pedestrian street crossings and atgrade rail crossings, and pedestrian
overpasses and underpasses and similar
structures (see R302.2). The cross slope of the
pedestrian access route is measured
perpendicular to the direction of pedestrian
travel. Cross slope requirements are
contained in R304.2.3 for perpendicular curb
ramps, in R304.3.3 for parallel curb ramps, in
R304.4.2 for blended transitions, and in
R407.3 for ramps.
R302.6.1 Pedestrian Street Crossings
Without Yield or Stop Control. Where
pedestrian access routes are contained within
pedestrian street crossings without yield or
stop control, the cross slope of the pedestrian
access route shall be 5 percent maximum.
Advisory R302.6.1 Pedestrian Street
Crossings Without Yield or Stop Control.
Pedestrian street crossings without yield or
stop control are crossings where there is no
yield or stop sign, or where there is a traffic
signal that is designed for the green phase.
At pedestrian street crossings without yield
or stop control, vehicles can proceed through
the intersection without slowing or stopping.
Where pedestrian access routes are contained
within pedestrian street crossings with yield
or stop control, the cross slope of the
pedestrian access route must be 2 percent
maximum (see R302.6). At pedestrian street
crossings with yield or stop control, vehicles
slow or stop before proceeding through the
intersection.
R302.6.2 Midblock Pedestrian Street
Crossings. Where pedestrian access routes are
contained within midblock pedestrian street
crossings, the cross slope of the pedestrian
access route shall be permitted to equal the
street or highway grade.
R302.7 Surfaces. The surfaces of
pedestrian access routes and elements and
spaces required to comply with R302.7 that
connect to pedestrian access routes shall be
firm, stable, and slip resistant and shall
comply with R302.7.
Advisory R302.7 Surfaces. The surface
requirements in R302.7 apply to sidewalks
and other pedestrian circulation paths,
pedestrian street crossings and at-grade rail
crossings, pedestrian overpasses and
underpasses and similar structures, and curb
ramps and blended transitions (see R302.2).
The surface requirements in R302.7 also
apply to surfaces at the following accessible
elements and spaces that connect to
pedestrian access routes:
• Clear spaces (see R404.2), including clear
spaces at operable parts (see R403.2) such as
accessible pedestrian signals and pedestrian
pushbuttons (see R209), clear spaces at street
furniture such as benches (see R212.6), and
clear spaces within transit shelters (see
R308.2);
• Boarding and alighting areas and
boarding platforms at transit stops (see
R308.1.3.1);
• Access aisles at accessible parking
spaces (see R309.2.1 and R309.3) and
accessible passenger loading zones (see
R310.3.4); and
• Ramp runs and landings (see R407.7).
R302.7.1 Vertical Alignment. Vertical
alignment shall be generally planar within
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pedestrian access routes (including curb
ramp runs, blended transitions, turning
spaces, and gutter areas within pedestrian
access routes) and surfaces at other elements
and spaces required to comply with R302.7
that connect to pedestrian access routes.
Grade breaks shall be flush. Where
pedestrian access routes cross rails at grade,
the pedestrian access route surface shall be
level and flush with the top of rail at the
outer edges of the rails, and the surface
between the rails shall be aligned with the
top of rail.
Advisory R302.7.1 Vertical Alignment.
Pedestrian access route surfaces must be
generally planar and smooth. Surfaces should
be chosen for easy rollability. Surfaces that
are heavily textured, rough, or chamfered and
paving systems consisting of individual units
that cannot be laid in plane will greatly
increase rolling resistance and subject
pedestrians who use wheelchairs, scooters,
and rolling walkers to the stressful and often
painful effects of vibration. Such materials
should be reserved for borders and decorative
accents located outside of or only
occasionally crossing the pedestrian access
route. Surfaces should be designed,
constructed, and maintained according to
appropriate industry standards,
specifications, and recommendations for best
practice.
R302.7.2 Vertical Surface Discontinuities.
Vertical surface discontinuities shall be 13
mm (0.5 in) maximum. Vertical surface
discontinuities between 6.4 mm (0.25 in) and
13 mm (0.5 in) shall be beveled with a slope
not steeper than 50 percent. The bevel shall
be applied across the entire vertical surface
discontinuity.
Advisory R302.7.2 Vertical Surface
Discontinuities. The allowance for vertical
surface discontinuities is for occasional
expansion joints and objects such as utility
covers, vault frames, and gratings that cannot
be located in another portion of the sidewalk
outside the pedestrian access route. However,
objects such as utility covers, vault frames,
and gratings should not be located on curb
ramp runs, blended transitions, turning
spaces, or gutter areas within the pedestrian
access route. This may not always be possible
in alterations, but should be avoided
wherever possible. Vertical surface
discontinuities between unit pavers should
be minimized.
R302.7.3 Horizontal Openings. Horizontal
openings in gratings and joints shall not
permit passage of a sphere more than 13 mm
(0.5 in) in diameter. Elongated openings in
gratings shall be placed so that the long
dimension is perpendicular to the dominant
direction of travel.
Advisory R302.7.4 Flangeway Gaps.
Flangeway gaps at pedestrian at-grade rail
crossings shall be 64 mm (2.5 in) maximum
on non-freight rail track and 75 mm (3 in)
maximum on freight rail track.
R302.7.4 Flangeway Gaps. Flangeway
gaps are necessary to allow the passage of
train wheel flanges. Flangeway gaps pose a
potential hazard to pedestrians who use
wheelchairs because the gaps can entrap the
wheelchair casters.
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R303 Alternate Pedestrian Access Routes
(See R205)
R304 Curb Ramps and Blended Transitions
R304.1 General. Curb ramps and blended
transitions shall comply with R304.
Advisory R304.1 General. There are two
types of curb ramps:
• Perpendicular curb ramps have a
running slope that cuts through or is built up
to the curb at right angles or meets the gutter
break at right angles where the curb is
curved. On large corner radiuses, it will be
necessary to indent the gutter break on one
side of the curb ramp in order for the curb
ramp to meet the gutter break at right angles.
• Parallel curb ramps have a running slope
that is in-line with the direction of sidewalk
travel and lower the sidewalk to a level
turning space where a turn is made to enter
the pedestrian street crossing.
Perpendicular curb ramps can be provided
where the sidewalk is at least 3.7 m (12.0 ft)
wide. Parallel curb ramps can be provided
where the sidewalk is at least 1.2 m (4.0 ft)
wide. Parallel and perpendicular curb ramps
can be combined. A parallel curb ramp is
used to lower the sidewalk to a mid-landing
and a short perpendicular curb ramp
connects the landing to the street.
Combination curb ramps can be provided
where the sidewalk is at least 1.8 m (6.0 ft)
wide.
Blended transitions are raised pedestrian
street crossings, depressed corners, or similar
connections between pedestrian access
routes at the level of the sidewalk and the
level of the pedestrian street crossing that
have a grade of 5 percent or less. Blended
transitions are suitable for a range of
sidewalk conditions.
R304.2 Perpendicular Curb Ramps.
Perpendicular curb ramps shall comply with
R304.2 and R304.5.
R304.2.1 Turning Space. A turning space
1.2 m (4.0 ft) minimum by 1.2 m (4.0 ft)
minimum shall be provided at the top of the
curb ramp and shall be permitted to overlap
other turning spaces and clear spaces. Where
the turning space is constrained at the backof-sidewalk, the turning space shall be 1.2 m
(4.0 ft) minimum by 1.5 m (5.0 ft) minimum.
The 1.5 m (5.0 ft) dimension shall be
provided in the direction of the ramp run.
R304.2.2 Running Slope. The running
slope of the curb ramp shall cut through or
shall be built up to the curb at right angles
or shall meet the gutter grade break at right
angles where the curb is curved. The running
slope of the curb ramp shall be 5 percent
minimum and 8.3 percent maximum but
shall not require the ramp length to exceed
4.5 m (15.0 ft). The running slope of the
turning space shall be 2 percent maximum.
R304.2.3 Flared Sides. Where a
pedestrian circulation path crosses the curb
ramp, flared sides shall be sloped 10 percent
maximum, measured parallel to the curb line.
Advisory R304.2.3 Flared Sides. The
flared sides are part of the pedestrian
circulation path, but are not part of the
pedestrian access route. Curb ramps whose
sides have returned curbs provide useful
directional cues where they are aligned with
the pedestrian street crossing and are
protected from cross travel by landscaping,
street furniture, chains, fencing, or railings.
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R304.3 Parallel Curb Ramps. Parallel
curb ramps shall comply with R304.3 and
R304.5.
R304.3.1 Turning Space. A turning space
1.2 m (4.0 ft) minimum by 1.2 m (4.0 ft)
minimum shall be provided at the bottom of
the curb ramp and shall be permitted to
overlap other turning spaces and clear
spaces. If the turning space is constrained on
2 or more sides, the turning space shall be
1.2 m (4.0 ft) minimum by 1.5 m (5.0 ft). The
1.5 m (5.0 ft) dimension shall be provided in
the direction of the pedestrian street crossing.
R304.3.2 Running Slope. The running
slope of the curb ramp shall be in-line with
the direction of sidewalk travel. The running
slope of the curb ramp shall be 5 percent
minimum and 8.3 percent maximum but
shall not require the ramp length to exceed
4.5 m (15.0 ft) minimum. The running slope
of the turning space shall be 2 percent
maximum.
R304.4 Blended Transitions. Blended
transitions shall comply with R304.4 and
R304.5.
R304.4.1 Running Slope. The running
slope of blended transitions shall be 5
percent maximum.
R304.5 Common Requirements. Curb
ramps and blended transitions shall comply
with R304.5.
R304.5.1 Width. The clear width of curb
ramp runs (excluding any flared sides),
blended transitions, and turning spaces shall
be 1.2 m (4.0 ft) minimum.
R304.5.2 Grade Breaks. Grade breaks at
the top and bottom of curb ramp runs shall
be perpendicular to the direction of the ramp
run. Grade breaks shall not be permitted on
the surface of ramp runs and turning spaces.
Surface slopes that meet at grade breaks shall
be flush.
R304.5.3 Cross Slope. The cross slope of
curb ramps, blended transitions, and turning
spaces shall be 2 percent maximum. At
pedestrian street crossings without yield or
stop control and at midblock pedestrian
street crossings, the cross slope shall be
permitted to equal the street or highway
grade.
Advisory R304.5.3 Cross Slope.
Pedestrian street crossings without yield or
stop control are crossings where there is no
yield or stop sign, or where there is a traffic
signal that is designed for the green phase.
At pedestrian street crossings without yield
or stop control, vehicles can proceed through
the intersection without slowing or stopping.
R304.5.4 Counter Slope. The counter
slope of the gutter or street at the foot of curb
ramp runs, blended transitions, and turning
spaces shall be 5 percent maximum.
R304.5.5 Clear Space. Beyond the bottom
grade break, a clear space 1.2 m (4.0 ft)
minimum by 1.2 m (4.0 ft) minimum shall be
provided within the width of the pedestrian
street crossing and wholly outside the
parallel vehicle travel lane.
R305 Detectable Warning Surfaces
R305.1 General. Detectable warning
surfaces shall consist of truncated domes
aligned in a square or radial grid pattern and
shall comply with R305.
Advisory R305.1 Dome Size. Where the
truncated domes are arrayed radially, they
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may differ in diameter and center-to-center
spacing within the ranges specified in
R305.1.1 and R305.1.2.
R305.1.1 Dome Size. The truncated
domes shall have a base diameter of 23 mm
(0.9 in) minimum and 36 mm (1.4 in)
maximum, a top diameter of 50 percent of the
base diameter minimum and 65 percent of
the base diameter maximum, and a height of
5 mm (0.2 in).
R305.1.2 Dome Spacing. The truncated
domes shall have a center-to-center spacing
of 41 mm (1.6 in) minimum and 61 mm (2.4
in) maximum, and a base-to-base spacing of
17 mm (0.65 in) minimum, measured
between the most adjacent domes.
R305.1.3 Contrast. Detectable warning
surfaces shall contrast visually with adjacent
gutter, street or highway, or pedestrian access
route surface, either light-on-dark or dark-onlight.
Advisory R305.1.3 Contrast. Visual
contrast may be provided on the full surface
of the curb ramp but should not extend to
flared sides. Visual contrast also helps
pedestrians who use wheelchairs to locate
the curb ramp from the other side of the
street.
R305.1.4 Size. Detectable warning
surfaces shall extend 610 mm (2.0 ft)
minimum in the direction of pedestrian
travel. At curb ramps and blended
transitions, detectable warning surfaces shall
extend the full width of the ramp run
(excluding any flared sides), blended
transition, or turning space. At pedestrian atgrade rail crossings not located within a
street or highway, detectable warnings shall
extend the full width of the crossing. At
boarding platforms for buses and rail
vehicles, detectable warning surfaces shall
extend the full length of the public use areas
of the platform. At boarding and alighting
areas at sidewalk or street level transit stops
for rail vehicles, detectable warning surfaces
shall extend the full length of the transit stop.
R305.2 Placement. The placement of
detectable warning surfaces shall comply
with R305.2.
Advisory R305.2 Placement. Some
detectable warning products require a
concrete border for proper installation. The
concrete border should not exceed 51 mm (2
in). Where the back of curb edge is tooled to
provide a radius, the border dimension
should be measured from the end of the
radius.
R305.2.1 Perpendicular Curb Ramps. On
perpendicular curb ramps, detectable
warning surfaces shall be placed as follows:
1. Where the ends of the bottom grade
break are in front of the back of curb,
detectable warning surfaces shall be placed at
the back of curb.
2. Where the ends of the bottom grade
break are behind the back of curb and the
distance from either end of the bottom grade
brake to the back of curb is 1.5 m (5.0 ft) or
less, detectable warning surfaces shall be
placed on the ramp run within one dome
spacing of the bottom grade break.
3. Where the ends of the bottom grade
break are behind the back of curb and the
distance from either end of the bottom grade
brake to the back of curb is more than 1.5 m
(5.0 ft), detectable warning surfaces shall be
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placed on the lower landing at the back of
curb.
Advisory R305.2.1 Perpendicular Curb
Ramps. Detectable warning surfaces are
intended to provide a tactile equivalent
underfoot of the visible curb line. If
detectable warning surfaces are placed too far
from the curb line because of a large curb
radius, the location may compromise
effective crossing. Detectable warning
surfaces should not be placed on paving or
expansion joints. The rows of truncated
domes in detectable warning surfaces should
be aligned perpendicular to the grade break
between the ramp run and the street so
pedestrians who use wheelchairs can ‘‘track’’
between the domes. Where detectable
warning surfaces are provided on a surface
with a slope that is less than 5 percent, dome
orientation is less critical.
R305.2.2 Parallel Curb Ramps. On
parallel curb ramps, detectable warning
surfaces shall be placed on the turning space
at the flush transition between the street and
sidewalk.
R305.2.3 Blended Transitions. On
blended transitions, detectable warning
surfaces shall be placed at the back of curb.
Where raised pedestrian street crossings,
depressed corners, or other level pedestrian
street crossings are provided, detectable
warning surfaces shall be placed at the flush
transition between the street and the
sidewalk.
R305.2.4 Pedestrian Refuge Islands. At
cut-through pedestrian refuge islands,
detectable warning surfaces shall be placed at
the edges of the pedestrian island and shall
be separated by a 610 mm (2.0 ft) minimum
length of surface without detectable
warnings.
Advisory R305.2.4 Pedestrian Refuge
Islands. The edges of cut-through pedestrian
refuge islands can provide useful cues to the
direction of the crossing.
R305.2.5 Pedestrian At-Grade Rail
Crossings. At pedestrian at-grade rail
crossings not located within a street or
highway, detectable warning surfaces shall
be placed on each side of the rail crossing.
The edge of the detectable warning surface
nearest the rail crossing shall be 1.8 m (6.0
ft) minimum and 4.6 m (15.0 ft) maximum
from the centerline of the nearest rail. Where
pedestrian gates are provided, detectable
warning surfaces shall be placed on the side
of the gates opposite the rail.
R305.2.6 Boarding Platforms. At boarding
platforms for buses and rail vehicles,
detectable warning surfaces shall be placed at
the boarding edge of the platform.
R305.2.7 Boarding and Alighting Areas.
At boarding and alighting areas at sidewalk
or street level transit stops for rail vehicles,
detectable warning surfaces shall be placed at
the side of the boarding and alighting area
facing the rail vehicles.
R306 Pedestrian Street Crossings
R306.1 General. Pedestrian street
crossings shall comply with R306.
R306.2 Pedestrian Signal Phase Timing.
All pedestrian signal phase timing shall
comply with section 4E.06 of the MUTCD
(incorporated by reference, see R104.2.4) and
shall be based on a pedestrian clearance time
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that is calculated using a pedestrian walking
speed of 1.1 m/s (3.5 ft/s) or less.
R306.3 Roundabouts. Where pedestrian
facilities are provided at roundabouts, they
shall comply with R306.3.
Advisory R306.3 Roundabouts.
Pedestrian street crossings at roundabouts
can be difficult for pedestrians who are blind
or have low vision to identify because the
crossings are located off to the side of the
pedestrian circulation path around the street
or highway. The continuous traffic flow at
roundabouts removes many of the audible
cues that pedestrians who are blind use to
navigate pedestrian street crossings. Water
fountains and other features that produce
background noise should not be placed in the
middle island of a roundabout because
pedestrians who are blind use auditory cues
to help detect gaps in traffic. Multi-lane
pedestrian street crossings at roundabouts
involve an increased risk of pedestrian
exposure to accident.
R306.3.1 Separation. Where sidewalks
are flush against the curb and pedestrian
street crossing is not intended, a continuous
and detectable edge treatment shall be
provided along the street side of the
sidewalk. Detectable warning surfaces shall
not be used for edge treatment. Where chains,
fencing, or railings are used for edge
treatment, they shall have a bottom edge 380
mm (15 in) maximum above the sidewalk.
Advisory R306.3.1 Separation. Carefully
delineated pedestrian street crossing
approaches with plantings or other defined
edges provide effective non-visual cues for
identifying pedestrian street crossings at
roundabouts. European and Australian
roundabouts provide a 610 mm (24 inch)
width of tactile surface treatment from the
centerline of the curb ramp or blended
transition across the full width of the
sidewalk to provide an underfoot cue for
identifying pedestrian street crossings.
Detectable warning surfaces should not be
used to guide pedestrians who are blind or
have low vision to pedestrian street crossings
because detectable warning surfaces indicate
the flush transition between the sidewalk and
the street or highway. Schemes that remove
cyclists from the street or highway by means
of a ramp that angles from the curb lane to
the sidewalk and then provide re-entry by
means of a similar ramp beyond pedestrian
street crossings can provide false cues to
pedestrians who are using the edge of the
sidewalk for wayfinding about the location of
pedestrian street crossings.
R306.3.2 Pedestrian Activated Signals. At
roundabouts with multi-lane pedestrian
street crossings, a pedestrian activated signal
complying with R209 shall be provided for
each multi-lane segment of each pedestrian
street crossing, including the splitter island.
Signals shall clearly identify which
pedestrian street crossing segment the signal
serves.
Advisory R306.3.2 Pedestrian Activated
Signals. Roundabouts with single-lane
approach and exit legs are not required to
provide pedestrian activated signals.
Pedestrian activated signals must comply
with the requirements for accessible
pedestrian signals and pedestrian
pushbuttons (see R209). Pedestrian activated
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signals installed at splitter islands should be
carefully located and separated so that signal
spillover does not give conflicting
information about which pedestrian street
crossing has the WALK indication displayed.
Pedestrian Hybrid Beacons can be used at
roundabouts (see MUTCD sections 4F.01
through 4F.03). Pedestrian Hybrid Beacons
are traffic signals that consist of a yellow
signal centered below two horizontally
aligned red signals. The signals are normally
not illuminated. The signals are initiated
only upon pedestrian activation and can be
timed to minimize the interruption of traffic.
The signals cease operation after the
pedestrian clears the crosswalk. When
activated by a pedestrian, the following
signals are displayed to drivers: a flashing
yellow signal, then a steady yellow signal,
then two steady red signals during the
pedestrian walk interval, and then alternating
flashing red signals during the pedestrian
clearance interval. The following signals are
displayed to pedestrians: a steady upraised
hand (symbolizing DON’T WALK) when the
flashing or steady yellow signal is operating,
then a walking person (symbolizing WALK)
when the steady red signals are operating,
and then a flashing upraised hand
(symbolizing DON’T WALK) when the
alternating flashing red signals are operating.
R306.4 Channelized Turn Lanes at
Roundabouts. At roundabouts with
pedestrian street crossings, pedestrian
activated signals complying with R209 shall
be provided at pedestrian street crossings at
multi-lane channelized turn lanes.
R306.5 Channelized Turn Lanes at Other
Signalized Intersections. At signalized
intersections other than roundabouts with
pedestrian street crossings, pedestrian
activated signals complying with R209 shall
be provided at pedestrian street crossings at
multi-lane channelized turn lanes.
R307 Accessible Pedestrian Signals and
Pedestrian Pushbuttons (See R209)
R308 Transit Stops and Transit Shelters
R308.1 Transit Stops. Transit stops shall
comply with R308.1.
Advisory R308.1 Transit Stops. Transit
stops should be located so that there is a
level and stable surface for boarding vehicles.
Locating transit stops at signalized
intersections increases the usability for
pedestrian with disabilities. Where security
bollards are installed at transit stops, they
must not obstruct the clear space at boarding
and alighting areas or reduce the required
clear width at pedestrian access routes (see
R210).
R308.1.1 Boarding and Alighting Areas.
Boarding and alighting areas at sidewalk or
street level transit stops shall comply with
R308.1.1 and R308.1.3. Where transit stops
serve vehicles with more than one car,
boarding and alighting areas serving each car
shall comply with R308.1.1 and R308.1.3.
Advisory R308.1.1 Boarding and
Alighting Areas. Where a transit shelter is
provided, the boarding and alighting area can
be located either within or outside of the
shelter.
R308.1.1.1 Dimensions. Boarding and
alighting areas shall provide a clear length of
2.4 m (8.0 ft) minimum, measured
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perpendicular to the curb or street or
highway edge, and a clear width of 1.5 m (5.0
ft) minimum, measured parallel to the street
or highway.
R308.1.1.2 Grade. Parallel to the street or
highway, the grade of boarding and alighting
areas shall be the same as the street or
highway, to the extent practicable.
Perpendicular to the street or highway, the
grade of boarding and alighting areas shall
not be steeper than 2 percent.
R308.1.2 Boarding Platforms. Boarding
platforms at transit stops shall comply with
R308.1.2 and R308.1.3.
R308.1.2.1 Platform and Vehicle Floor
Coordination. Boarding platforms shall be
positioned to coordinate with vehicles in
accordance with the applicable requirements
in 49 CFR parts 37 and 38.
Advisory R308.1.2.1 Platform and Vehicle
Floor Coordination. The Department of
Transportation regulations (49 CFR parts 37
and 38) require the height of the vehicle floor
and the station platform to be coordinated so
as to minimize the vertical and horizontal
gaps.
R308.1.2.2 Slope. Boarding platforms
shall not exceed a slope of 2 percent in any
direction. Where boarding platforms serve
vehicles operating on existing track or
existing street or highway, the slope of the
platform parallel to the track or the street or
highway is permitted to be equal to the grade
of the track or street or highway.
R308.1.3 Common Requirements.
Boarding and alighting areas and boarding
platforms shall comply with R308.1.3.
R308.1.3.1 Surfaces. The surfaces of
boarding and alighting areas and boarding
platforms shall comply with R302.7.
Advisory R308.1.3.1 Surfaces. Detectable
warning surfaces are required at boarding
and alighting areas for rail vehicles and at
boarding platforms for buses and rail vehicles
(see R208).
R308.1.3.2 Connection. Boarding and
alighting areas and boarding platforms shall
be connected to streets, sidewalks, or
pedestrian circulation paths by pedestrian
access routes complying with R302.
R308.2 Transit Shelters. Transit shelters
shall be connected by pedestrian access
routes complying with R302 to boarding and
alighting areas or boarding platforms
complying with R308.1. Transit shelters shall
provide a minimum clear space complying
with R404 entirely within the shelter. Where
seating is provided within transit shelters,
the clear space shall be located either at one
end of a seat or shall not overlap the area
within 460 mm (1.5 ft) from the front edge
of the seat. Environmental controls within
transit shelters shall be proximity-actuated.
Protruding objects within transit shelters
shall comply with R402.
Advisory R308.2 Transit Shelters. The
clear space must be located entirely within
the transit shelter and not interfere with
other persons using the seating.
R309 On-Street Parking Spaces
R309.1 General. On-street parking spaces
shall comply with R309.
Advisory R309.1 General. R214 specifies
how many accessible parking spaces must be
provided on the block perimeter where on-
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street parking is marked or metered.
Accessible parking spaces must be identified
by signs displaying the International Symbol
of Accessibility (see R211.3 and R411).
Accessible parking spaces should be located
where the street has the least crown and
grade and close to key destinations.
R309.2 Parallel Parking Spaces. Parallel
parking spaces shall comply with R309.2.
Advisory R309.2 Parallel Parking Spaces.
The sidewalk adjacent to accessible parallel
parking spaces should be free of signs, street
furniture, and other obstructions to permit
deployment of a van side-lift or ramp or the
vehicle occupant to transfer to a wheelchair
or scooter. Accessible parallel parking spaces
located at the end of the block face are usable
by vans that have rear lifts and cars that have
scooter platforms.
R309.2.1 Wide Sidewalks. Where the
width of the adjacent sidewalk or available
right-of-way exceeds 4.3 m (14.0 ft), an access
aisle 1.5 m (5.0 ft) wide minimum shall be
provided at street level the full length of the
parking space and shall connect to a
pedestrian access route. The access aisle
shall comply with R302.7 and shall not
encroach on the vehicular travel lane.
Advisory R309.2.1 Wide Sidewalks.
Vehicles may park at the curb or at the
parking lane boundary and use the space
required by R309.2.1 on either the driver or
passenger side of the vehicle to serve as the
access aisle.
R309.2.1.1 Alterations. In alterations
where the street or sidewalk adjacent to the
parking spaces is not altered, an access aisle
shall not be required provided the parking
spaces are located at the end of the block
face.
R309.2.2 Narrow Sidewalks. An access
aisle is not required where the width of the
adjacent sidewalk or the available right-ofway is less than or equal to 4.3 m (14.0 ft).
When an access aisle is not provided, the
parking spaces shall be located at the end of
the block face.
Advisory R309.2.2 Narrow Sidewalks.
Vehicle lifts or ramps can be deployed on a
2.4 m (8.0 ft) sidewalk if there are no
obstructions.
R309.3 Perpendicular or Angled Parking
Spaces. Where perpendicular or angled
parking is provided, an access aisle 2.4 m
(8.0 ft) wide minimum shall be provided at
street level the full length of the parking
space and shall connect to a pedestrian
access route. The access aisle shall comply
with R302.7 and shall be marked so as to
discourage parking in the access aisle. Two
parking spaces are permitted to share a
common access aisle.
Advisory R309.3 Perpendicular or Angled
Parking Spaces. Perpendicular and angled
parking spaces permit the deployment of a
van side-lift or ramp.
R309.4 Curb Ramps or Blended
Transitions. Curb ramps or blended
transitions complying with R304 shall
connect the access aisle to the pedestrian
access route. Curb ramps shall not be located
within the access aisle.
Advisory R309.4 Curb Ramps or Blended
Transitions. At parallel parking spaces, curb
ramps and blended transitions should be
located so that a van side-lift or ramp can be
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deployed to the sidewalk and the vehicle
occupant can transfer to a wheelchair or
scooter. Parking spaces at the end of the
block face can be served by curb ramps or
blended transitions at the pedestrian street
crossing. Detectable warning surfaces are not
required on curb ramps and blended
transitions that connect the access aisle to the
sidewalk, including where the sidewalk is at
the same level as the parking spaces, unless
the curb ramps and blended transitions also
serve pedestrian street crossings (see R208).
R309.5 Parking Meters and Parking Pay
Stations. Parking meters and parking pay
stations that serve accessible parking spaces
shall comply with R309.5. Operable parts
shall comply with R403.
R309.5.1 Location. At accessible parallel
parking spaces, parking meters shall be
located at the head or foot of the parking
space.
Advisory R309.5.1 Location. Locating
parking meters at the head or foot of the
parking space permits deployment of a van
side-lift or ramp or the vehicle occupant to
transfer to a wheelchair or scooter.
R309.5.2 Displays and Information.
Displays and information shall be visible
from a point located 1.0 m (3.3 ft) maximum
above the center of the clear space in front
of the parking meter or parking pay station.
R310 Passenger Loading Zones
R310.1 General. Passenger loading zones
shall comply with R310.
Advisory R310.1 General. Accessible
passenger loading zones must be identified
by signs displaying the International Symbol
of Accessibility (see R211.3 and R411).
R310.2 Vehicle Pull-Up Space. Passenger
loading zones shall provide a vehicular pullup space 2.4 m (8.0 ft) wide minimum and
6.1 m (20.0 ft) long minimum.
R310.3 Access Aisle. Passenger loading
zones shall provide access aisles complying
with R310.3 adjacent to the vehicle pull-up
space. Access aisles shall be at the same level
as the vehicle pull-up space they serve and
shall not overlap the vehicular travel lane.
Curb ramps or blended transitions complying
with R304 shall connect the access aisle to
the pedestrian access route. Curb ramps are
not permitted within the access aisle.
R310.3.1 Width. Access aisles serving
vehicle pull-up spaces shall be 1.5 m (5.0 ft)
wide minimum.
R310.3.2 Length. Access aisles shall
extend the full length of the vehicle pull-up
spaces they serve.
R310.3.3 Marking. Access aisles shall be
marked so as to discourage parking in them.
R310.3.4 Surfaces. Access aisle surfaces
shall comply with R302.7.
CHAPTER R4: SUPPLEMENTARY
TECHNICAL REQUIREMENTS
R401 General
R401.1 Scope. The supplemental
technical requirements in Chapter 4 shall
apply where required by Chapter 2 or where
referenced by a requirement in this
document.
R402 Protruding Objects
R402.1 General. Protruding objects shall
comply with R402.
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R402.2 Protrusion Limits. Objects with
leading edges more than 685 mm (2.25 ft) and
not more than 2 m (6.7 ft) above the finish
surface shall protrude 100 mm (4 in)
maximum horizontally into pedestrian
circulation paths.
R402.3 Post-Mounted Objects. Where
objects are mounted on free-standing posts or
pylons and the objects are 685 mm (2.25 ft)
minimum and 2030 mm (6.7 ft) maximum
above the finish surface, the objects shall
overhang pedestrian circulation paths 100
mm (4 in) maximum measured horizontally
from the post or pylon base. The base
dimension shall be 64 mm (2.5 in) thick
minimum. Where objects are mounted
between posts or pylons and the clear
distance between the posts or pylons is
greater than 305 mm (1.0 ft), the lowest edge
of the object shall be 685 mm (2.25 ft)
maximum or 2 m (6.7 ft) minimum above the
finish surface.
R402.4 Reduced Vertical Clearance.
Guardrails or other barriers to pedestrian
travel shall be provided where the vertical
clearance is less than 2 m (6.7 ft) high. The
leading edge of the guardrail or barrier shall
be located 685 mm (2.25 ft) maximum above
the finish surface.
R403 Operable Parts
R403.1 General. Operable parts shall
comply with R403.
Advisory R403.1 General. Operable parts
on accessible pedestrian signals and
pedestrian pushbuttons (see R209) and
parking meters and parking pay stations that
serve accessible parking spaces (see R309.6)
must comply with R403.
R403.2 Clear Space. A clear space
complying with R404 shall be provided at
operable parts.
R403.3 Height. Operable parts shall be
placed within one or more of the reach
ranges specified in R405.
R403.4 Operation. Operable parts shall be
operable with one hand and shall not require
tight grasping, pinching, or twisting of the
wrist. The force required to activate operable
parts shall be 22 N (5 lbs) maximum.
R404 Clear Spaces
R404.1 General. Clear spaces shall
comply with R404.
Advisory R404.1 General. Clear spaces
are required at operable parts (see R403.2),
including accessible pedestrian signals and
pedestrian pushbuttons (see R209) and
parking meters and parking pay stations that
serve accessible parking spaces (see R309.6).
Clear spaces are also required at benches (see
R212.6) and within transit shelters (see
R308.2).
R404.2 Surfaces. Surfaces of clear spaces
shall comply with R302.7 and shall have a
running slope consistent with the grade of
the adjacent pedestrian access route and
cross slope of 2 percent maximum.
R404.3 Size. Clear spaces shall be 760
mm (2.5 ft) minimum by 1220 mm (4.0 ft)
minimum.
R404.4 Knee and Toe Clearance. Unless
otherwise specified, clear spaces shall be
permitted to include knee and toe clearance
complying with R405.
R404.5 Position. Unless otherwise
specified, clear spaces shall be positioned for
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either forward or parallel approach to an
element.
R404.6 Approach. One full unobstructed
side of a clear space shall adjoin a pedestrian
access route or adjoin another clear space.
R404.7 Maneuvering Space. Where a
clear space is confined on all or part of three
sides, additional maneuvering space shall be
provided in accordance with R404.7.1 and
R404.7.2.
R404.7.1 Forward Approach. The clear
space and additional maneuvering space
shall be 915 mm (3.0 ft) wide minimum
where the depth exceeds 610 mm (2.0 ft).
R404.7.2 Parallel Approach. The clear
space and additional maneuvering space
shall be 1525 mm (5.0 ft) wide minimum
where the depth exceeds 380 mm (1.25 ft).
R405
Knee and Toe Clearance
R405.1 General. Where space beneath an
element is included as part of a clear space,
the space shall comply with R405.
Additional space shall not be prohibited
beneath an element but shall not be
considered as part of the clear space.
Advisory R405.1 General. Clearances are
measured in relation to the usable clear
space, not necessarily to the vertical support
for an element. When determining clearance
under an object, care should be taken to
ensure that the space is clear of any
obstructions.
R405.2
Toe Clearance
R405.2.1 General. Space under an
element between the finish surface and 230
mm (9 in) above the finish surface shall be
considered toe clearance and shall comply
with R404.2.
R405.2.2 Maximum Depth. Toe clearance
shall extend 635 mm (2.1 ft) maximum under
an element.
R405.2.3 Minimum Required Depth.
Where toe clearance is required at an element
as part of a clear space, the toe clearance
shall extend 430 mm (1.4 ft) minimum under
the element.
R405.2.4 Width. Toe clearance shall be
760 mm (2.5 ft) wide minimum.
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R405.3
Knee Clearance
R405.3.1 General. Space under an
element between 230 mm (9 in) and 685 mm
(2.25 ft) above the finish surface shall be
considered knee clearance and shall comply
with R405.3.
R405.3.2 Maximum Depth. Knee
clearance shall extend 635 mm (2.1 ft)
maximum under an element at 230 mm (9 in)
above the finish surface.
R405.3.3 Minimum Required Depth.
Where knee clearance is required under an
element as part of a clear space, the knee
clearance shall be 280 mm (11 in) deep
minimum at 230 mm (9 in) above the finish
surface, and 205 mm (8 in) deep minimum
at 685 mm (2.25 ft) above the finish surface.
R405.3.4 Clearance Reduction. Between
230 mm (9 in) and 685 mm (2.25 ft) above
the finish surface, the knee clearance shall be
permitted to reduce at a rate of 25 mm (1 in)
in depth for each 150 mm (6 in) in height.
R405.3.5 Width. Knee clearance shall be
760 mm (2.5 ft) wide minimum.
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R406 Reach Ranges
R406.1 General. Reach ranges shall
comply with R406.
R406.2 Unobstructed Forward Reach.
Where a forward reach is unobstructed, the
high forward reach shall be 1220 mm (4.0 ft)
maximum and the low forward reach shall be
380 mm (1.25 ft) minimum above the finish
surface. Forward reach over an obstruction is
not permitted.
R406.3 Unobstructed Side Reach. Where
a clear space allows a parallel approach to an
element and the side reach is unobstructed,
the high side reach shall be 1220 mm (4.0 ft)
maximum and the low side reach shall be
380 mm (1.25 ft) minimum above the finish
surface. An obstruction shall be permitted
between the clear space and the element
where the depth of the obstruction is 255 mm
(10 in) maximum.
R407 Ramps
R407.1 General. Ramps shall comply
with R407.
R407.2 Running Slope. Ramp runs shall
have a running slope between 5 percent
minimum and 8.3 percent maximum.
Advisory R407.2 Running Slope. Ramps
with the least possible running slope
accommodate the widest range of users.
Providing stairways along with ramps, where
possible, benefits pedestrians with heart
disease, limited stamina, and others for
whom distance presents a greater barrier than
steps.
R407.3 Cross Slope. The cross slope of
ramp runs shall be 2 percent maximum.
R407.4 Width. The clear width of a ramp
run and, where handrails are provided, the
clear width between handrails shall be 915
mm (3.0 ft) minimum.
R407.5 Rise. The rise for any ramp run
shall be 760 mm (2.5 ft) maximum.
R407.6 Landings. Ramps shall have
landings at the top and the bottom of each
ramp run. Landings shall comply with
R407.7.
R407.6.1 Slope. Landing slopes shall be 2
percent maximum in any direction.
R407.6.2 Width. The landing clear width
shall be at least as wide as the widest ramp
run leading to the landing.
R407.6.3 Length. The landing clear length
shall be 1.5 m (5.0 ft) long minimum.
R407.6.4 Change in Direction. Ramps that
change direction between runs at landings
shall have a clear landing 1.5 m (5.0 ft)
minimum by 1.5 m (5.0 ft) minimum.
R407.7 Surfaces. Surfaces of ramp runs
and landings shall comply with R302.7.
R407.8 Handrails. Ramp runs with a rise
greater than 150 mm (6 in) shall have
handrails complying with R409.
R407.9 Edge Protection. Edge protection
complying with R407.9.1 or R407.9.2 shall be
provided on each side of ramp runs and ramp
landings.
R407.9.1 Extended Ramp Surface. The
surface of the ramp run or landing shall
extend 305 mm (1.0 ft) minimum beyond the
inside face of a handrail complying with
R409.
Advisory R407.9.1 Extended Ramp
Surface. The extended surface prevents
wheelchair casters and crutch tips from
slipping off the ramp surface.
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R407.9.2 Curb or Barrier. A curb or
barrier shall be provided that prevents the
passage of a 100 mm (4 in) diameter sphere,
where any portion of the sphere is within 100
mm (4 in) of the finish surface.
R408 Stairways
R408.1 General. Stairways shall comply
with R408.
R408.2 Treads and Risers. All steps on a
flight of stairs shall have uniform riser
heights and uniform tread depths. Risers
shall be 100 mm (4 in) high minimum and
180 mm (7 in) high maximum. Treads shall
be 280 mm (11 in) deep minimum.
R408.3 Open Risers. Open risers are not
permitted.
R408.4 Tread Surface. Stairway treads
shall comply with R302.7. Changes in level
are not permitted.
R408.5 Nosings. The radius of curvature
at the leading edge of the tread shall be 13
mm (0.5 inch) maximum. Nosings that
project beyond risers shall have the
underside of the leading edge curved or
beveled. Risers shall be permitted to slope
under the tread at an angle of 30 degrees
maximum from vertical. The permitted
projection of the nosing shall extend 38 mm
(1.5 in) maximum over the tread below.
R408.6 Handrails. Stairways shall have
handrails complying with R409.
R409 Handrails
R409.1 General. Handrails required at
ramps and stairways, and handrails provided
on pedestrian circulation paths shall comply
with R409.
Advisory R409.1 General. Handrails are
required on ramp runs with a rise greater
than 150 mm (6 in) (see R407.8) and
stairways (see R408.6). Handrails are not
required on pedestrian circulation paths.
However, if handrails are provided on
pedestrian circulation paths, the handrails
must comply with R409 (see R216). The
requirements in R409.2, R409.3, and R409.10
apply only to handrails at ramps and
stairways, and do not apply to handrails
provided on pedestrian circulation paths.
R409.2 Where Required. Handrails shall
be provided on both sides of ramps and
stairways.
R409.3 Continuity. Handrails shall be
continuous within the full length of each
ramp run or stair flight. Inside handrails on
switchback or dogleg ramps and stairways
shall be continuous between ramp runs or
stair flights.
R409.4 Height. Top of gripping surfaces
of handrails shall be 865 mm (2.8 ft)
minimum and 965 mm (3.2 ft) maximum
vertically above walking surfaces, ramp
surfaces, and stair nosings. Handrails shall be
at a consistent height above walking surfaces,
ramp surfaces, and stair nosings
R409.5 Clearance. Clearance between
handrail gripping surfaces and adjacent
surfaces shall be 38 mm (1.5 in) minimum.
R409.6 Gripping Surface. Handrail
gripping surfaces shall be continuous along
their length and shall not be obstructed along
their tops or sides. The bottoms of handrail
gripping surfaces shall not be obstructed for
more than 20 percent of their length. Where
provided, horizontal projections shall occur
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38 mm (1.5 in) minimum below the bottom
of the handrail gripping surface.
Advisory R409.6 Gripping Surface.
Pedestrians with disabilities and others
benefit from continuous gripping surfaces
that permit users to reach the fingers outward
or downward to grasp the handrail.
R409.7 Cross Section. Handrail gripping
surfaces shall have a cross section complying
with R409.7.1 or R409.7.2. Where expansion
joints are necessary for large spans of
handrails, the expansion joint is permitted to
be smaller than the specified cross section
diameters for a 25mm (1 in) length.
R409.7.1 Circular Cross Section. Handrail
gripping surfaces with a circular cross
section shall have an outside diameter of 32
mm (1.25 in) minimum and 51 mm (2 in)
maximum.
R409.7.2 Non-Circular Cross Sections.
Handrail gripping surfaces with a noncircular cross section shall have a perimeter
dimension of 100 mm (4 in) minimum and
160 mm (6.25 in) maximum, and a crosssection dimension of 57 mm (2.25 in)
maximum.
R409.8 Surfaces. Handrail gripping
surfaces and any surfaces adjacent to them
shall be free of sharp or abrasive elements
and shall have rounded edges.
R409.9 Fittings. Handrails shall not rotate
within their fittings. Where expansion joints
are necessary for large spans of handrails, the
expansion joint is permitted to rotate in its
fitting.
R409.10 Handrail Extensions. Handrail
gripping surfaces shall extend beyond and in
the same direction of ramp runs and stair
flights in accordance with R409.10.
Extensions shall not be required for
continuous handrails at the inside turn of
switchback or dogleg ramps and stairways. In
alterations where handrail extensions would
reduce the clear width required for
pedestrian access routes, handrail extensions
shall not be required.
R409.10.1 Top and Bottom Extension at
Ramps. Ramp handrails shall extend
horizontally above the landing for 305 mm
(1.0 ft) minimum beyond the top and bottom
of ramp runs. Extensions shall return to a
wall, guard, or the landing surface, or shall
be continuous to the handrail of an adjacent
ramp run.
R409.10.2 Top Extension at Stairways. At
the top of a stair flight, handrails shall extend
horizontally above the landing for 305 mm
(1.0 ft) minimum beginning directly above
the first riser nosing. Extensions shall return
to a wall, guard, or the landing surface, or
shall be continuous to the handrail of an
adjacent stair flight.
R409.10.3 Bottom Extension at Stairways.
At the bottom of a stair flight, handrails shall
extend at the slope of the stair flight for a
horizontal distance at least equal to one tread
depth beyond the last riser nosing.
Extensions shall return to a wall, guard, or
the landing surface, or shall be continuous to
the handrail of an adjacent stair flight.
R410 Visual Characters on Signs
R410.1 General. Visual characters on
signs shall comply with R410.
R410.6
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R410.2 Finish and Contrast. Characters
and their background shall have a non-glare
finish. Characters shall contrast with their
background with either light characters on a
dark background or dark characters on a light
background.
Advisory R410.2.1 Finish and Contrast.
Signs are more legible for pedestrians with
low vision when characters contrast as much
as possible with their background.
Additional factors affecting the ease with
which the text can be distinguished from its
background include shadows cast by lighting
sources, surface glare, and the uniformity of
the text and its background colors and
textures.
R410.3 Case. Characters shall be
uppercase or lowercase or a combination of
both.
R410.4 Style. Characters shall be
conventional in form. Characters shall not be
italic, oblique, script, highly decorative, or of
other unusual forms.
R410.5 Character Proportions. Characters
shall be selected from fonts where the width
of the uppercase letter ‘‘O’’ is 55 percent
minimum and 110 percent maximum of the
height of the uppercase letter ‘‘I’’.
R410.6 Character Height. Minimum
character height shall comply with Table
R410.2.5. Viewing distance shall be
measured as the horizontal distance between
the character and an obstruction preventing
further approach towards the sign. Character
height shall be based on the uppercase letter
‘‘I’’.
VISUAL CHARACTER HEIGHT
Height to finish surface from baseline of character
Horizontal viewing distance
Minimum character height
1.0 m (3.3 ft) to less than or equal to 1.8 m (5.8 ft)
Less than 1.8 m (6.0 ft) ......................
1.8 m (6.0 ft) and greater ...................
Greater than 1.8 m (5.8 ft) to less than or equal to
3.0 m (10.0 ft).
Less than 4.6 m (15.0 ft) ....................
16 mm (0.625 in).
16 mm (0.625 in), plus 3.2 mm (0.125 in) per 0.3
m (1.0 ft) of viewing distance above 1.8 m (6.0
ft).
51 mm (2 in).
4.6 m (15.0 ft) and greater .................
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Greater than 3.0 m (10.0 ft) .....................................
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Less than 6.4 m (21.0 ft) ....................
6.4 m (21.0 ft) and greater .................
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51 mm (2 in), plus 3.2 mm (0.125 in) per 0.3 m
(1.0 ft) of viewing distance above 4.6 m (15.0
ft).
75 mm (3 in).
75 mm (3 in), plus 3.2 mm (0.125 in) per 0.3 m
(1.0 ft) of viewing distance above 6.4 m (21.0
ft).
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R410.7 Height from Finish Surface.
Visual characters shall be 1.0 m (3.25 ft)
minimum above the finish surface.
R410.8 Stroke Thickness. Stroke
thickness of the uppercase letter ‘‘I’’ shall be
10 percent minimum and 30 percent
maximum of the height of the character.
R410.9 Character Spacing. Character
spacing shall be measured between the two
closest points of adjacent characters,
excluding word spaces. Spacing between
individual characters shall be 10 percent
minimum and 35 percent maximum of
character height.
R410.10 Line Spacing. Spacing between
the baselines of separate lines of characters
within a message shall be 135 percent
minimum and 170 percent maximum of the
character height.
R411 International Symbol of
Accessibility. The International Symbol of
Accessibility shall comply with Figure R411.
The symbol and its background shall have a
non-glare finish. The symbol shall contrast
with its background with either a light
symbol on a dark background or a dark
symbol on a light background.
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BILLING CODE 8150–01–P
]]>Agencies
[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Proposed Rules]
[Pages 44664-44698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17721]
[[Page 44663]]
Vol. 76
Tuesday,
No. 143
July 26, 2011
Part II
Architectural and Transportation Barriers Compliance Board
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36 CFR Part 1190
Accessibility Guidelines for Pedestrian Facilities in the Public Right-
of-Way; Proposed Rule
Federal Register / Vol. 76 , No. 143 / Tuesday, July 26, 2011 /
Proposed Rules
[[Page 44664]]
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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Part 1190
[Docket No. ATBCB 2011-04]
RIN 3014-AA26
Accessibility Guidelines for Pedestrian Facilities in the Public
Right-of-Way
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The Architectural and Transportation Barriers Compliance Board
is proposing accessibility guidelines for the design, construction, and
alteration of pedestrian facilities in the public right-of-way. The
guidelines ensure that sidewalks, pedestrian street crossings,
pedestrian signals, and other facilities for pedestrian circulation and
use constructed or altered in the public right-of-way by state and
local governments are readily accessible to and usable by pedestrians
with disabilities. When the guidelines are adopted, with or without
additions and modifications, as accessibility standards in regulations
issued by other federal agencies implementing the Americans with
Disabilities Act, Section 504 of the Rehabilitation Act, and the
Architectural Barriers Act, compliance with the accessibility standards
is mandatory.
DATES: Submit comments by November 23, 2011. Hearings will be held on
the proposed guidelines on the following dates:
1. September 12, 2011, 9:30 to 11:30 a.m., Dallas, TX.
2. November 9, 2011, 9:30 to 11:30 a.m., Washington, DC.
ADDRESSES: Submit comments by any of the following methods:
Federal eRulemaking Portal:https://www.regulations.gov.
Follow the instructions for submitting comments. Regulations.gov ID for
this docket is ATBCB-2011-0004.
E-mail: board.gov">row@access-board.gov. Include docket number ATBCB
2011-04 in the subject line of the message.
Fax: 202-272-0081.
Mail or Hand Delivery/Courier: Office of Technical and
Informational Services, Access Board, 1331 F Street, NW., Suite 1000,
Washington, DC 20004-1111.
All comments will be posted without change to https://www.regulations.gov, including any personal information provided.
The hearing locations are:
1. Dallas: Sheraton Dallas (San Antonio A Ballroom), 400 North
Olive Street, Dallas, TX 75201.
2. Washington, DC: Access Board Conference Room, 1331 F Street,
NW., Suite 800, Washington, DC 20004.
FOR FURTHER INFORMATION CONTACT: Scott Windley, Office of Technical and
Information Services, Architectural and Transportation Barriers
Compliance Board, 1331 F Street, NW., Suite 1000, Washington, DC 20004-
1111. Telephone (202) 272-0025 (voice) or (202) 272-0028 (TTY). E-mail
address board.gov">row@access-board.gov.
SUPPLEMENTARY INFORMATION:
Availability of Proposed Guidelines With Figures
The proposed guidelines will be codified as an appendix to 36 CFR
part 1190. In the past, the Architectural and Transportation Barriers
Compliance Board (Access Board) submitted ``camera ready'' copy (i.e.,
images) of its guidelines to the Federal Register for the appendices
since the guidelines included figures that illustrate the requirements
in the guidelines. The appendices were not word searchable when viewed
online because they are images. After discussions with the Office of
the Federal Register, the Access Board has decided to submit the
proposed guidelines as a Word document with only one image, the
International Symbol of Accessibility (Figure R411), so the appendix
will be word searchable when viewed online. A copy of the proposed
guidelines with figures is available on the Access Board Web site at:
https://www.access-board.gov/prowac/nprm.htm. Except for the
International Symbol of Accessibility (Figure R411), the figures are
for illustration purposes only and do not establish requirements. The
copy of the proposed guidelines on the Access Board Web site also sets
out advisory sections in shaded boxes, and indents subsections under
the main sections.
Introduction
The Access Board is an independent federal agency established by
section 502 of the Rehabilitation Act (29 U.S.C. 792).\1\ The Access
Board is responsible for developing accessibility guidelines for the
design, construction, and alteration of facilities to ensure that they
are readily accessible to and usable by individuals with disabilities.
The Access Board's guidelines play an important part in the
implementation of three laws that require newly constructed and altered
facilities to be accessible to individuals with disabilities: the
Americans with Disabilities Act, Section 504 of the Rehabilitation Act,
and the Architectural Barriers Act. As further discussed under the
Statutory and Regulatory Background, these laws require other federal
agencies to issue regulations which include accessibility standards for
the design, construction, and alteration of facilities. The regulations
issued by the other federal agencies to implement these laws adopt,
with or without additions and modifications, the Access Board's
guidelines as accessibility standards. When the Access Board's
guidelines are adopted, with or without additions and modifications, as
accessibility standards in regulations issued by other federal agencies
implementing these laws, compliance with the accessibility standards is
mandatory.
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\1\ The Access Board consists of 13 members appointed by the
President from the public, a majority of which are individuals with
disabilities, and the heads of 12 federal agencies or their
designees whose positions are Executive Level IV or above. The
federal agencies are: The Departments of Commerce, Defense,
Education, Health and Human Services, Housing and Urban Development,
Interior, Justice, Labor, Transportation, and Veterans Affairs;
General Services Administration; and United States Postal Service.
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Statutory and Regulatory Background
Americans With Disabilities Act
The Americans with Disabilities Act (42 U.S.C. 12101 et seq.) is a
federal civil rights law that prohibits discrimination against
individuals with disabilities. Title II of the Americans with
Disabilities Act covers state and local governments.\2\ The Department
of Justice is responsible for issuing regulations to implement Title II
of the Americans with Disabilities Act, except for the public
transportation parts.\3\ The
[[Page 44665]]
regulations issued by the Department of Justice include accessibility
standards for the design, construction, and alteration of facilities
(other than facilities used in the provision of public transportation
covered by regulations issued by the Department of Transportation).\4\
The Department of Justice's accessibility standards adopt, with
additions and modifications, the Access Board's current guidelines,
which are discussed below under the Need for Rulemaking.\5\ See 28 CFR
35.104 and 35.151.
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\2\ Other titles of the Americans With Disabilities Act cover
employers (Title I), private entities that own, lease, or operate
places of public accommodation and commercial facilities (Title
III), and telecommunications (Title IV). This preamble focuses on
Title II because pedestrian facilities in the public right-of-way
are constructed and altered by state and local governments.
\3\ Title II of the Americans with Disabilities Act contains two
subtitles. Subtitle A applies to all state and local government
programs, services, and activities. Subtitle B contains two parts.
Subtitle B, part I applies to designated public transportation
provided by state and local governments by bus, rail, or other
conveyance (other than aircraft or intercity or commuter rail) as a
general or special service (including charter service) to the
general public on a regular and continuing basis. Subpart B, part II
applies to public transportation provided by the National Railroad
Passenger Corporation and commuter authorities by intercity and
commuter rail. The Department of Justice is responsible for issuing
regulations to implement Subtitle A of Title II, except for matters
within the scope of authority of the Department of Transportation
under Parts I and II of Subtitle B of Title II. See 42 U.S.C. 12134.
The Department of Transportation is responsible for issuing
regulations to implement Parts I and II of Subtitle B of Title II.
See 42 U.S.C. 12149 and 12164.
\4\ Subtitle A of Title II of the Americans with Disabilities
Act requires that the regulations issued by the Department of
Justice include accessibility standards that are ``consistent with
the minimum guidelines and requirements issued by the Architectural
and Transportation Barriers Compliance Board.'' 42 U.S.C. 12134(c).
The accessibility standards issued by the Department of Justice can
include additional or modified requirements provided they are
consistent with the Access Board's guidelines.
\5\ In September 2010, the Department of Justice issued
regulations with revised accessibility standards for Titles II and
III of the Americans with Disabilities Act (DOJ 2010 Standards). See
75 FR 56164 (September 15, 2010). Compliance with the DOJ 2010
Standards is required on or after March 15, 2012. State and local
governments are permitted to comply with earlier standards (DOJ 1991
Standards without the elevator exception or UFAS) or the DOJ 2010
Standards between September 15, 2010 and March 14, 2012. Additional
information on the applicable standards and their effective dates is
available on the Department of Justice Web site at: https://www.ada.gov/revised_effective_dates-2010.htm. The DOJ 2010
Standards are available on the Department of Justice Web site at:
https://www.ada.gov/2010ADAstandards_index.htm.
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The Department of Transportation is responsible for issuing
regulations to implement the public transportation parts of Title II of
the Americans with Disabilities Act.\6\ The regulations issued by the
Department of Transportation include accessibility standards for the
design, construction, and alteration of facilities used in the
provision of public transportation covered by the public transportation
parts of Title II of the Americans with Disabilities Act. The
Department of Transportation's accessibility standards adopt, with
additions and modifications, the Access Board's current guidelines,
which are discussed below under the Need for Rulemaking. See 49 CFR
37.9 and Appendix A to 49 CFR part 37.
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\6\ Parts I and II of Subtitle B of Title II of the Americans
with Disabilities Act require that the regulations issued by the
Department of Transportation include accessibility standards that
are ``consistent with the minimum guidelines and requirements issued
by the Architectural and Transportation Barriers Compliance Board.''
42 U.S.C. 12149(b) and 12163. The accessibility standards issued by
the Department of Transportation can include additional or modified
requirements provided they are consistent with the Access Board's
guidelines.
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The Department of Justice is responsible for overall enforcement of
Title II of the Americans with Disabilities Act. The Department of
Justice has designated the Department of Transportation as the federal
agency responsible for investigating complaints and conducting
compliance reviews ``relating to programs, services, and regulatory
activities relating to transportation, including highways.'' See 28 CFR
35.190(b)(8).
Section 504 of the Rehabilitation Act
Section 504 of the Rehabilitation Act (29 U.S.C. 794) (hereinafter
referred to as ``Section 504'') prohibits discrimination against
individuals with disabilities under any program or activity receiving
federal financial assistance. The term ``program or activity'' includes
all the operations of a state or local government entity that receives
federal financial assistance directly or indirectly from the federal
government. See 29 U.S.C. 794(b). Each federal agency that provides
federal financial assistance is responsible for issuing regulations to
implement Section 504 that are consistent with requirements established
by the Department of Justice. See Executive Order 12250 in Appendix A
to 28 CFR part 41. The Department of Justice requires facilities
designed, constructed, or altered by recipients of federal financial
assistance to be accessible to individuals with disabilities. See 28
CFR 41.58.
The Department of Transportation provides federal financial
assistance to state and local governments for the development of
transportation networks, including pedestrian facilities in the public
right-of-way.\7\ The regulations issued by the Department of
Transportation to implement Section 504 require facilities designed,
constructed, or altered by recipients of federal financial assistance
from the Department to comply with accessibility standards included in
the Department's regulations implementing the public transportation
parts of Title II of the Americans with Disabilities Act, or the
Uniform Federal Accessibility Standards. See 49 CFR 27.3. As discussed
above, the accessibility standards included in the Department of
Transportation regulations implementing the public transportation parts
of Title II of the Americans with Disabilities Act adopt, with
additions and modifications, the Access Board's current guidelines,
which are discussed below under the Need for Rulemaking. See 49 CFR
37.9 and Appendix A to 49 CFR part 37.
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\7\ See Department of Transportation ``Policy Statement on
Bicycle and Pedestrian Accommodation Regulations and
Recommendations'' at: https://www.dot.gov/affairs/2010/bicycle-ped.html.
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The Department of Transportation is responsible for investigating
complaints and conducting compliance reviews under Section 504 relating
to recipients of federal financial assistance from the Department. See
49 CFR 27.121 and 27.123.
Architectural Barriers Act
The Architectural Barriers Act (42 U.S.C. 4151 et seq.) requires
certain facilities financed with federal funds to be accessible to
individuals with disabilities. The Architectural Barriers Act covers
facilities financed in whole or part by a federal grant or loan where
the federal agency that provides the grant or loan is authorized to
issue standards for the design, construction, or alteration of the
facilities.\8\ See 42 U.S.C. 4151(3). The General Services
Administration is required to issue accessibility standards for
facilities covered by the Architectural Barriers Act.\9\ See 42 U.S.C.
4156. The accessibility standards issued by the General Services
Administration adopt, without any additions or modifications, the
Access Board's current guidelines, which are discussed below under the
Need for Rulemaking. See 41 CFR 102-76.65.
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\8\ The Architectural Barriers Act also covers facilities
constructed, altered, or leased by federal agencies; and facilities
constructed or altered by the Washington Metropolitan Area Transit
Authority. See 42 U.S.C. 4151(1), (2), and (4).
\9\ The accessibility standards issued by the General Services
Administration apply to all facilities covered by the Architectural
Barriers Act, except for postal, military, and residential
facilities. The United States Postal Service is responsible for
issuing accessibility standards for postal facilities; the
Department of Defense is responsible for issuing accessibility
standards for military facilities; and the Department of Housing and
Urban Development is responsible for issuing accessibility standards
for residential facilities. See 42 U.S.C. 4153, 4154, and 4154a.
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The Access Board is responsible for enforcing the Architectural
Barriers Act. See 29 U.S.C 792(b)(1) and (e).
Need for Rulemaking
This section discusses the Congressional findings in the Americans
with Disabilities Act that establish the need for accessibility
guidelines, the Access Board's current accessibility guidelines, and
why the Access Board is proposing to issue accessibility guidelines for
pedestrian facilities in the public right-of-way.
[[Page 44666]]
Congressional Findings of Discrimination
The Americans with Disabilities Act was enacted in 1990 by
overwhelming bipartisan majorities in the House of Representatives
(377-28) and in the Senate (91-6).\10\ Congress compiled an extensive
record of the discrimination experienced by individuals with
disabilities in critical areas such as employment, public
accommodations, state and local government services, and
transportation. Congress found that ``despite some improvements such
forms of discrimination against individuals with disabilities continue
to be a serious and pervasive social problem.'' 42 U.S.C. 12101(a)(2).
Among the forms of discrimination that Congress found to be a
continuing problem are ``the discriminatory effects of architectural,
transportation, and communication barriers.'' 42 U.S.C. 12101(a)(5).
Congress found that ``the continuing existence of unfair and
unnecessary discrimination and prejudice denies people with
disabilities the opportunity to compete on an equal basis and to pursue
those opportunities for which our free society is justifiably famous,
and costs the United States billions of dollars in unnecessary expenses
resulting from dependency and nonproductivity.'' 42 U.S.C. 12101(a)(9).
Congress declared that ``the Nation's proper goals regarding
individuals with disabilities are to ensure equality of opportunity,
full participation, independent living, and economic self-sufficiency
for such individuals.'' 42 U.S.C. 12101(a)(8).
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\10\ 101 Cong. Rec. H4629 and 4630 (July 12, 1990); 101 Cong.
Rec. S9695 (July 13, 1990).
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The purpose of the Americans with Disabilities Act is ``to provide
a clear and comprehensive national mandate for the elimination of
discrimination against individuals with disabilities'' and ``to provide
clear, strong, and consistent, enforceable standards addressing
discrimination against individuals with disabilities.'' 42 U.S.C.
12101(b)(1) and (2). Congress directed the Access Board to supplement
the accessibility guidelines developed earlier for the Architectural
Barriers Act to include ``additional requirements, consistent with this
Act, to ensure that buildings, facilities, rail passenger cars, and
vehicles are accessible in terms of architecture and design,
transportation, and communication, to individuals with disabilities.''
42 U.S.C. 12204(b).
Current Guidelines Developed Primarily for Buildings and Facilities on
Sites
The Access Board's current accessibility guidelines were issued in
2004 and are known as the Americans with Disabilities Act and
Architectural Barriers Act Accessibility Guidelines (hereinafter
referred to as ``2004 ADA and ABA Accessibility Guidelines'').\11\ 69
FR 44083 (July 23, 2004). The 2004 ADA and ABA Accessibility Guidelines
revised and updated the Americans with Disabilities Act Accessibility
Guidelines, which were issued by the Access Board in 1991 (hereinafter
referred to as ``1991 ADAAG''). 56 FR 35408 (July 26, 1991). The
requirements in the 1991 ADAAG and 2004 ADA and ABA Accessibility
Guidelines were developed primarily for buildings and facilities on
sites.\12\ Some of the requirements can be readily applied to
pedestrian facilities in the public right-of-way. However, other
requirements need to be adapted for pedestrian facilities in the public
right-of-way.
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\11\ The 2004 ADA and ABA Accessibility Guidelines are codified
in 36 CFR part 1191 and consist of six appendices:
Appendix A is the Table of Contents to the guidelines;
Appendix B contains ADA Chapters 1 and 2, which include
application and scoping requirements for the design, construction,
and alteration of facilities covered by the Americans with
Disabilities Act;
Appendix C contains ABA Chapters 1 and 2, which include
application and scoping requirements for the design, construction,
and alteration of facilities covered by the Architectural Barriers
Act;
Appendix D contains Chapters 3 through 10, which include common
technical requirements for the design, construction, and alteration
of facilities covered by the Americans with Disabilities Act or the
Architectural Barriers Act;
Appendix E contains the index of terms and list of figures
included in the guidelines; and
Appendix F contains additions and modifications to the
guidelines issued by the Department of Transportation.
The DOJ 2010 Standards and the Department of Transportation
standards for transportation facilities used in the provision of
transportation services covered by the transportation parts of Title
II of the ADA and facilities covered by Section 504 adopt Appendices
B and D, with additions and modifications. The General Services
Administration standards for facilities covered by the Architectural
Barriers Act adopt Appendices C and D, without additions and
modifications.
\12\ The term ``site'' is defined in the 1991 ADAAG (see 3.5)
and 2004 ADA and ABA Accessibility Guidelines (see 106.5 and F106.5)
as a ``parcel of land bounded by a property line or a designated
portion of a public right-of-way.''
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Proposed Guidelines Developed Specifically for Pedestrian Facilities in
the Public Right-of-Way
The proposed guidelines are developed specifically for pedestrian
facilities in the public right-of-way and address conditions and
constraints that exist in the public right-of-way. As discussed below
under the Major Issues, the requirements in the proposed guidelines
make allowances for typical roadway geometry and permit flexibility in
alterations to existing facilities where existing physical constraints
make it impractical to fully comply with new construction requirements.
The proposed guidelines also include requirements for elements and
facilities that exist only in the public right-of-way such as
pedestrian signals and roundabouts.
Rulemaking History
The Access Board began developing accessibility guidelines for
pedestrian facilities in the public right-of-way shortly after the
Americans with Disabilities Act was enacted in 1990. Proposed
guidelines for state and local government facilities, including
pedestrian facilities in the public right-of-way, were initially issued
in 1992. 57 FR 60612 (December 21, 1992). Interim guidelines were
issued in 1994. 59 FR 31676 (June 20, 1994). Final guidelines were
issued in 1998, but did not include requirements for pedestrian
facilities in the public right-of-way because comments submitted on the
proposed and interim guidelines demonstrated a need for additional
research, as well as education and outreach. 63 FR 2000 (January 13,
1998).
The Access Board subsequently sponsored research on accessible
pedestrian signals and pedestrian pushbuttons, detectable warning
surfaces, and pedestrian facilities at roundabouts.\13\ The Access
Board also produced a series of videos, a design guide, and an
accessibility checklist for pedestrian facilities in the public right-
of-way, and conducted training programs around the country. The Access
Board coordinated its work with organizations representing state and
local government transportation officials and other transportation
industry professionals, including the American Association of State
Highway and Transportation Officials, Institute of Transportation
Engineers, National Committee on Uniform Traffic Control Devices, and
Transportation Research Board.
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\13\ The reports on the research sponsored by the Access Board
and technical assistance materials on accessible design of
pedestrian facilities in the public right-of-way are available on
the Access Board Web site at: https://www.access-board.gov/prowac/index.htm.
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The Access Board established a federal advisory committee in 1999
to recommend accessibility guidelines for pedestrian facilities in the
public right-of-way. The advisory committee included representatives of
state and local governments, the transportation industry, disability
organizations, and
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other interested groups.\14\ The advisory committee provided
significant sources of expertise and produced consensus recommendations
for accessibility guidelines for pedestrian facilities in the public
right-of-way. The advisory committee presented its recommendations,
``Building a True Community: Final Report of the Public Rights-of-Way
Access Advisory Committee'', to the Access Board in 2001.\15\
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\14\ The following organizations were members of the advisory
committee: AARP, America Walks, American Association of State
Highway and Transportation Officials, American Council of the Blind,
American Institute of Architects, American Public Transit
Association, American Public Works Association, Association for
Education and Rehabilitation of the Blind and Visually Impaired,
Bicycle Federation of America, Californians for Disability Rights,
Canadian Standards Association (Technical Committee on Barrier-Free
Design), City of Birmingham (Department of Planning, Engineering and
Permits), Council of Citizens with Low Vision International,
Disability and Business Technical Assistance Centers, Disability
Rights Education and Defense Fund, Federal Highway Administration,
Hawaii Commission on Persons with Disabilities, Hawaii Department of
Transportation, Institute of Traffic Engineers, Los Angeles
Department of Public Works (Bureau of Street Services),
Massachusetts Architectural Access Board, Municipality of Anchorage,
National Center for Bicycling and Walking, National Council on
Independent Living, National Federation of the Blind, New York State
Department of Transportation, Paralyzed Veterans of America,
Portland Office of Transportation, San Francisco Mayor's Office on
Disability, State of Alaska, TASH, Texas Department of
Transportation, and The Seeing Eye.
\15\ The advisory committee report is available on the Access
Board Web site at: https://www.access-board.gov/prowac/commrept/index.htm.
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The Access Board developed draft accessibility guidelines for
pedestrian facilities in the public right-of-way based on the advisory
committee's recommendations, and made the draft guidelines available
for public review and comment in 2002.\16\ 67 FR 41206 (June 17, 2002).
The Access Board revised the draft guidelines in 2005 and made the
revised draft guidelines available for public review to facilitate the
gathering of data for a regulatory assessment of the potential costs
and benefits of the guidelines. 70 FR 70734 (November 23, 2005). The
Access Board entered into an interagency agreement with the Volpe
National Transportation Systems Center (Volpe Center) to gather data
and prepare cost estimates for the regulatory assessment.\17\
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\16\ The 2002 and 2005 draft guidelines and comments submitted
on the 2002 draft guidelines are available on the Access Board Web
site at: https://www.access-board.gov/prowac/index.htm.
\17\ Volpe Center, ``Cost Analysis of Public Rights-of-Way
Accessibility Guidelines'' (November 29, 2010). The document is
available in the rulemaking docket (ATBCB-2011-0004) at: https://www.regulations.gov.
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Major Issues
Transportation officials who commented on the 2002 draft guidelines
raised some major issues that are addressed below.
Alterations to Existing Facilities
The draft guidelines required alterations to existing facilities to
comply with the requirements for new construction to the maximum extent
feasible. Most of the improvements in the public right-of-way involve
alterations to existing facilities. Transportation officials noted that
the meaning of the term ``to the maximum extent feasible'' was not
clear and wanted additional guidance on how to apply the guidelines
when existing facilities are altered.
The proposed guidelines clarify that where elements, spaces, or
facilities are altered, each altered element, space, or facility within
the scope of the project must comply with the applicable requirements
for new construction (see R202.3). The phrase ``within the scope of the
project'' is intended to focus on whether the alteration project
presents an opportunity to design the altered element, space, or
facility in an accessible manner. It is not intended for additional
work to be done outside the scope of the project. For example, if an
alteration project involves only installing pedestrian signals at
existing intersections and there are no detectable warning surfaces on
the curb ramps at the intersections, the proposed guidelines would
require accessible pedestrian signals and pedestrian pushbuttons to be
provided at the intersections because they are within the scope of the
project, but would not require detectable warning surfaces to be
provided on the curb ramps because they are not within the scope of the
project. The proposed guidelines also clarify that where elements are
altered or added to existing facilities but the pedestrian circulation
path to the altered or added elements is not altered, the pedestrian
circulation path is not required to comply with the proposed
requirements for pedestrian access routes (see R202.1). For example, if
a new bench is installed on a sidewalk that has a cross slope exceeding
2 percent, the sidewalk is not required to be altered to reduce the
cross slope because the bench is installed on the sidewalk.
In addition, the proposed guidelines recognize that it is not
always possible for altered elements, spaces, or facilities to fully
comply with new construction requirements because of existing physical
constraints. Where existing physical constraints make it impracticable
for altered elements, spaces, or facilities to fully comply with the
requirements for new construction, compliance is required to the extent
practicable within the scope of the project (see R202.3.1). Existing
physical constraints include, but are not limited to, underlying
terrain, right-of-way availability, underground structures, adjacent
developed facilities, drainage, or the presence of a notable natural or
historic feature. The proposed guidelines permit flexibility in
alterations to existing facilities where needed.
Existing Facilities That Are Not Altered
Transportation officials expressed concern about application of the
draft guidelines to existing facilities that are not altered. The
proposed guidelines clarify that the guidelines do not address existing
facilities unless they are included within the scope of an alteration
undertaken at the discretion of a covered entity (see R101.2).
The Department of Justice regulations implementing Title II of the
Americans with Disabilities Act contain requirements for state and
local governments regarding program accessibility and existing
facilities. See 28 CFR 35.150. The Department of Transportation
regulations implementing Section 504 also contain requirements for
recipients of federal financial assistance from the Department
regarding compliance planning. See 49 CFR 27.11(c). The Access Board
acknowledges that transportation officials are concerned about their
obligations under the Title II of the Americans with Disabilities Act
and Section 504 for existing facilities that are not altered, but the
Access Board does not have the authority to address the application of
the proposed guidelines to existing facilities that are not altered.
When the Department of Justice and Department of Transportation conduct
rulemaking to include accessibility standards for pedestrian facilities
in the public right-of-way in regulations implementing Title II of the
Americans with Disabilities Act and Section 504, they will address the
application of the accessibility standards to existing facilities that
are not altered. Comments concerning existing facilities that are not
altered should be directed to the Department of Justice and Department
of Transportation when they conduct rulemaking to include accessibility
standards for pedestrian facilities in the public right-of-way in
regulations implementing Title II of the Americans with Disabilities
Act and Section 504.
[[Page 44668]]
Allowances for Typical Roadway Geometry
The 1991 ADAAG and 2004 ADA and ABA Accessibility Guidelines
specify a maximum running slope of 5 percent and maximum cross slope of
2 percent for walking surfaces on accessible routes. The draft
guidelines adapted these requirements for pedestrian access routes in
the public right-of-way and made an allowance for typical roadway
geometry by permitting the grade of pedestrian access routes within
sidewalks to equal the general grade established for the adjacent
street or highway. The draft guidelines also permitted the cross slope
of pedestrian access routes within midblock pedestrian street crossings
and of curb ramps at midblock pedestrian street crossings to equal the
street or highway grade.
Transportation officials recommended that additional allowances be
made for typical roadway geometry. The proposed guidelines include the
following allowances for typical roadway geometry:
The grade of pedestrian access routes within sidewalks is
permitted to equal the general grade established for the adjacent
street or highway (see R302.5).
A maximum cross slope of 5 percent is permitted for
pedestrian access routes within pedestrian street crossings without
yield or stop control where vehicles can proceed through the
intersection without slowing or stopping (see R302.6.1).
The cross slope of pedestrian access routes within
midblock pedestrian street crossings is permitted to equal the street
or highway grade (see R302.6.2).
The cross slope of curb ramps, blended transitions, and
turning spaces at pedestrian street crossings without yield or stop
control where vehicles can proceed through the intersection without
slowing or stopping, and at midblock pedestrian street crossings are
permitted to equal the street or highway grade (see R304.5.3).
Clear spaces required at accessible pedestrian signals and
pedestrian pushbuttons and at other accessible elements are permitted
to have a running slope consistent with the grade of the adjacent
pedestrian access route (see R404.2).
A maximum grade of 5 percent and maximum cross slope of 2 percent
are required otherwise for pedestrian access routes within sidewalks
and pedestrian street crossings (see R302.5 and R302.6).
Overview of Proposed Guidelines
The proposed guidelines apply to pedestrian facilities in the
public right-of-way. The proposed guidelines define the public right-
of-way to mean ``public land or property, usually in interconnected
corridors, that is acquired for or dedicated to transportation
purposes'' (see R105.5). The proposed guidelines ensure that the
following facilities for pedestrian circulation and use located in the
public right-of-way are readily accessible to and usable by pedestrians
with disabilities:
Sidewalks, pedestrian overpasses and underpasses, and
other pedestrian circulation paths, including requirements for
pedestrian access routes, alternate pedestrian access routes when
pedestrian circulation paths are temporarily closed, and protruding
objects along or overhanging pedestrian circulation paths;
Pedestrian street crossings, medians, and pedestrian
refuge islands, including requirements for curb ramps or blended
transitions, and detectable warning surfaces;
Pedestrian street crossings at roundabouts, including
requirements for detectable edge treatments where pedestrian crossing
is not intended, and pedestrian activated signals at multi-lane
pedestrian street crossings;
Pedestrian street crossings at multi-lane channelized turn
lanes at roundabouts and at other signalized intersections, including
requirements for pedestrian activated signals;
Pedestrian signals, including requirements for accessible
pedestrian signals and pedestrian pushbuttons;
Transit stops and transit shelters for buses and light
rail vehicles, including requirements for boarding and alighting areas
at sidewalk or street level, boarding platforms, and route signs;
Pedestrian at-grade rail crossings, including requirements
for flangeway gaps;
On-street parking that is marked or metered, and passenger
loading zones;
Pedestrian signs, including requirements for visible
characters on signs and alternative requirements for audible sign
systems and other technologies;
Street furniture for pedestrian use, including drinking
fountains, public toilet facilities, tables, counters, and benches; and
Ramps, stairways, escalators, handrails, doors, doorways,
and gates.
Use of Mandatory Language in Proposed Guidelines
The proposed guidelines use the mandatory language ``shall'' and
``requirement'' because the guidelines are intended to be adopted, with
or without additions and modifications, as accessibility standards in
regulations issued by other federal agencies implementing Title II of
the Americans with Disabilities Act, Section 504, and the Architectural
Barriers Act. In this regard, the proposed guidelines are analogous to
model codes. Model codes use mandatory language but compliance with
model codes is not mandatory until they are adopted by a state or local
government. When the Access Board's guidelines are adopted, with or
without additions and modifications, as accessibility standards in
regulations issued by other federal agencies implementing Title II of
the Americans with Disabilities Act, Section 504, and the Architectural
Barriers Act, compliance with the accessibility standards is mandatory.
The other federal agencies will conduct separate rulemakings to include
accessibility standards for pedestrian facilities in the public right-
of-way in regulations implementing Title II of the Americans with
Disabilities Act, Section 504, and the Architectural Barriers Act. The
other federal agencies will establish the effective dates for
compliance with the accessibility standards when they complete their
rulemakings. The other federal agencies may permit use of the proposed
guidelines as best practices pending the completion of their
rulemakings. However, the proposed guidelines are not legally
enforceable until adopted, with or without additions and modifications,
as accessibility standards by other federal agencies in regulations
implementing Title II of the Americans with Disabilities Act, Section
504, and the Architectural Barriers Act.
Impacts on State and Local Governments
When the proposed guidelines are adopted, with or without additions
and modifications, as accessibility standards by other federal agencies
in the regulations implementing Title II of the Americans with
Disabilities Act, Section 504, and the Architectural Barriers Act, the
accessibility standards will apply to units of state and local
government that construct streets and highways.\18\ For ease of
reference, these state and local governmental units are referred to as
[[Page 44669]]
``state and local transportation departments'' in this preamble but may
go by different names (e.g., public works departments, or highway or
streets departments) in their respective jurisdictions. State and local
transportation departments may be required to comply with three
accessibility standards. For example, a state or local transportation
department that finances the design, construction, or alteration of a
pedestrian facility in the public right-of-way with a federal grant or
loan from the Department of Transportation would be required to comply
with the accessibility standards issued by the Department of Justice in
regulations implementing Title II of the Americans with Disabilities
Act, the accessibility standards issued by the Department of
Transportation in regulations implementing Section 504, and the
accessibility standards issued by the General Services Administration
in regulations implementing the Architectural Barriers Act. All three
accessibility standards would be basically uniform because they adopt
the proposed guidelines, but may vary to the extent that Department of
Justice, Department of Transportation, and General Services
Administration include additions or modifications to the proposed
guidelines in their accessibility standards.
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\18\ Private entities that design, construct, or alter places of
public accommodation or commercial facilities on sites are required
to comply with accessibility standards included in regulations
issued by the Department of Justice to implement Title III of the
Americans with Disabilities Act. See 28 CFR 36.401 through 36.406.
State or local laws may require sites with frontage on the public
right-of-way or frontage that will revert to the public right-of-way
to make frontage improvements in accordance with state or local
standards which contain accessibility requirements that are similar
to the proposed guidelines.
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The Access Board prepared a regulatory assessment of the potential
costs and benefits of the proposed guidelines. The regulatory
assessment is available in the regulatory docket at https://www.regulations.gov and on the Access Board Web site at: https://www.access-board.gov/prowac/index.htm. The proposed guidelines are
compared to a baseline to assess their potential costs and benefits.
The baseline is how state and local transportation departments would
design and construct pedestrian facilities in the public right-of-way
in the absence of the proposed guidelines. All state transportation
departments maintain design manuals and standard drawings for
improvements in the public right-of-way.\19\ Most local transportation
department also maintain design manuals and standard drawings for
improvements in the public right-of-way that are consistent with the
design manuals and standard drawings maintained by their state
transportation departments. State and local transportation departments
use publications issued by the American Association of State and
Highway Transportation Officials (AASHTO) in their design manuals and
standard drawings, including the ``Policy on Geometric Design of
Highways and Streets'' (2004) (commonly referred to as the ``AASHTO
Green Book'') and the ``Guide for the Planning, Design, and Operation
of Pedestrian Facilities'' (2004) which incorporate accessibility in
the design of sidewalks and other pedestrian facilities.\20\ The
Federal Highway Administration as part of its stewardship and oversight
responsibilities has also worked with state transportation departments
to incorporate accessibility in their design manuals and standards
drawings. The Federal Highway Administration has issued guidance that
the accessibility standards in the Department of Justice regulations
implementing Title II of the Americans with Disabilities Act and the
Department of Transportation regulations implementing Section 504 ``are
to be used to the extent feasible'' for the design of pedestrian
facilities in the public right-of-way until new accessibility standards
are adopted for these facilities.\21\ The Federal Highway
Administration has also issued guidance that the 2005 draft of the
proposed guidelines for pedestrian facilities in the public right-of-
way ``are the currently recommended best practices, and can be
considered the state of the practice that could be followed for areas
not fully addressed'' in the existing accessibility standards.\22\
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\19\ Links to the design manuals and standard drawings
maintained by state transportation departments are available on the
Federal Highway Administration Web site at: https://www.fhwa.dot.gov/programadmin/statemanuals.cfm and https://www.fhwa.dot.gov/programadmin/statestandards.cfm.
\20\ The AASHTO ``Policy on Geometric Design of Highways and
Streets'' and ``Guide for the Planning, Design, and Operation of
Pedestrian Facilities'' incorporate accessibility in the design of
sidewalks, including minimum clear width, passing spaces, grade,
cross slope, protruding objects, and surface treatments; curb ramps,
including detectable warning surfaces; pedestrian overpasses and
underpasses; and transit stops and transit shelters.
\21\ See Federal Highway Administration, Office of Program
Administration, ``Pedestrians and Accessible Design'' at: https://www.fhwa.dot.gov/programadmin/pedestrians.cfm. When the guidance was
issued, the applicable accessibility standards in the Department of
Justice regulations implementing Title II of the Americans with
Disabilities Act and the Department of Transportation regulations
implementing Section 504 adopted the 1991 ADAAG and permitted the
Uniform Federal Accessibility Standards to be used.
\22\ See Federal Highway Administration, ``Public Rights-of-Way
Access Advisory'' (January 23, 2006) at: https://www.fhwa.dot.gov/environment/bikeped/prwaa.htm.
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In the absence of the proposed guidelines, the regulatory
assessment assumes that state and local transportation departments will
use the revised accessibility standards in the Department of Justice
regulations implementing Title II of the Americans with Disabilities
Act (hereinafter referred to as ``DOJ 2010 Standards'') to the extent
feasible when designing, constructing, or altering pedestrian
facilities in the public right-of-way, consistent with the guidance
issued by the Federal Highway Administration, as well as other
applicable standards and industry practices.\23\ An analysis of the
proposed guidelines compared to the DOJ 2010 Standards, other
applicable standards, and industry practices is included in the
appendix to the regulatory assessment. The analysis consists of three
tables.
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\23\ See footnote 5 regarding the DOJ 2010 standards and
effective dates.
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Table 1. Proposed Guidelines Contain Same Requirements as in DOJ 2010
Standards
Table 1 analyzes requirements in the proposed guidelines that are
the same as requirements in the DOJ 2010 Standards.\24\ The
requirements in the proposed guidelines in Table 1 will have no impacts
on state and local transportation departments compared to the
requirements in the DOJ 2010 Standards because the requirements are the
same.
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\24\ The requirements analyzed in Table 1 include: Drinking
fountains, public toilet facilities, tables, counters, passenger
loading zones, ramps, stairways, handrails, doors, doorways, gates,
operable parts, clear spaces, knee and toe clearance, and reach
ranges.
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Table 2. Proposed Guidelines Adapt Requirements in DOJ 2010 Standards
Table 2 analyzes requirements in the proposed guidelines that adapt
requirements in the DOJ 2010 Standards to allow for conditions and
constraints in the public right-of-way.\25\ The requirements in the
proposed guidelines in Table 2 do not establish greater requirements
for accessibility in the public right-of-way than the requirements in
the DOJ 2010 Standards and industry practices. Some of the requirements
in the proposed guidelines in Table 2 establish lesser requirements for
accessibility in the public right-of-way than the requirements in the
DOJ 2010 Standards. For example, where the pedestrian access route in a
sidewalk is contained within the street or highway
[[Page 44670]]
right-of-way, the grade of the pedestrian access route is permitted to
equal the general grade established for the adjacent street or highway
to allow for typical roadway geometry instead of the running slope
requirements for accessible routes on sites. The requirements in the
proposed guidelines in Table 2 will have no impacts on state and local
transportation departments compared to the requirements in the DOJ 2010
Standards and industry practices, except for the 2 percent maximum
cross slope requirement for pedestrian access routes contained within
pedestrian street crossings with stop or yield control where vehicles
slow or stop before proceeding through the intersection (see R204.3 and
R302.6). This requirement will have more than minimal impacts on the
design and construction of new tabled intersections in hilly urban
areas that contain pedestrian street crossings with stop or yield
control. The impacts are analyzed in the regulatory assessment and
discussed below under Cross Slope (R302.6) in the Section-by-Section
Analysis.
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\25\ The requirements analyzed in Table 2 include: Sidewalks and
other pedestrian circulation paths, pedestrian street crossings,
pedestrian overpasses and underpasses, pedestrian at-grade rail
crossings, curb ramps and blended transitions, protruding objects,
transit stops and transit shelters used by buses and light rail
vehicles, on-street parking, and escalators. The requirements for
transit stops and transit shelters used by buses and light vehicles
are compared to the accessibility standards in the Department of
Transportation regulations implementing the public transportation
parts of Title II of the Americans with Disabilities Act.
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Table 3. Proposed Guidelines Contain Requirements Not in DOJ 2010
Standards
Table 3 analyzes requirements in the proposed guidelines for which
there are no corresponding requirements in the DOJ 2010 Standards.\26\
The requirements in the proposed guidelines in Table 3 are compared to
other applicable accessibility standards and the 2009 edition of Manual
on Uniform Traffic Control Devices for Streets and Highways (MUTCD).
Where the requirements in the proposed guidelines in Table 3 are the
same as the requirements in other applicable accessibility standards or
the MUTCD, the requirements will have no impacts on state and local
transportation departments. Where a requirement in the proposed
guidelines in Table 3 differs from a corresponding requirement in other
applicable accessibility standards or there is no corresponding
requirement in other applicable accessibility standards, the analysis
used the following factors to identify whether the requirement will
have more than minimal impacts on state and local transportation
departments:
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\26\ The requirements analyzed in Table 3 include: Alternate
pedestrian access routes, pedestrian signal phase timing, accessible
pedestrian signals and pedestrian pushbuttons, pedestrian street
crossings at roundabouts, detectable warning surfaces on curb ramps
and blended transitions at pedestrian street crossings, detectable
warning surfaces on pedestrian at-grade rail crossings not located
within a street or highway, pedestrian signs, and benches.
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Whether the requirement can be easily incorporated into
the design of the element or facility?
Whether the requirement adds features to the element or
facility?
Whether the requirement reduces space needed for other
purposes?
What are the additional costs due to the requirement
compared to the total design and construction costs for the element or
facility?
A requirement that can be easily incorporated into the design of an
element or facility, and does not add features to the element or
facility or reduce space needed for other purposes will have minimal
impacts on state and local transportation departments. A requirement
that cannot be easily incorporated into the design of an element or
facility, adds features to the element or facility, or reduces space
needed for other purposes and that results in additional costs compared
to the total design and construction costs of the element or facility
which are not negligible (i.e., are worth considering) will have more
than minimal impacts on state and local transportation departments.
The analysis identified three requirements in the proposed
guidelines in Table 3 that will have more than minimal impacts on state
and local transportation departments:
Detectable warning surfaces on curb ramps and blended
transitions at pedestrian street crossings (see R208.1 and R305);
Accessible pedestrian signals and pedestrian pushbuttons
(see R209); and
Pedestrian activated signals at roundabout intersections
with multi-lane pedestrian street crossings (see R206 and R306.3.2).
The impacts of these requirements are analyzed in the regulatory
assessment and are discussed below under the relevant requirements in
the Section-by-Section Analysis.
Question 1. Comments are requested on whether other requirements in
the proposed guidelines will have more than minimal impacts on state
and local transportation departments, in addition to the requirements
identified in Tables 2 and 3. Comments should:
Identify the requirement by section number or other
information that identifies the specific requirement;
Explain why the requirement will have more than minimal
impacts using the factors described above or other appropriate factors;
and
Provide estimates of the additional costs due to the
requirement compared to the total design and construction costs for the
element or facility.
Question 2. Comments are requested on whether the requirements in
the proposed guidelines have any unintended positive or negative
consequences.
Question 3. Comments are requested on alternative regulatory
approaches for achieving the objectives of the Americans with
Disabilities Act, Section 504, and Architectural Barriers Act to
eliminate the discriminatory effects of architectural, transportation,
and communication barriers in the design and construction of pedestrian
facilities in the public right-of-way.
Section-by-Section Analysis
The proposed guidelines consist of four chapters. Chapter R1
addresses the application and administration of the proposed
guidelines. Chapter R2 contains scoping requirements. Chapter R3
contains technical requirements. Chapter R4 contains supplementary
technical requirements, which are the same as in the 2004 ADA and ABA
Accessibility Guidelines with a few exceptions. The sections in each
chapter are discussed below. Sections marked as ``advisory'' contain
advisory information related to the preceding section. Advisory
sections do not establish mandatory requirements. Some advisory
sections reference related mandatory requirements to alert readers
about those requirements.
The Access Board is committed to writing guidelines that are clear,
concise, and easy to understand so that persons who use the guidelines
know what is required. If any of the proposed guidelines are ambiguous
or not clear, point out the problematic language in your comments so it
can be improved in the final guidelines.
Chapter R1: Application and Administration
R101 Purpose
The proposed guidelines contain scoping and technical requirements
to ensure that facilities for pedestrian circulation and use located in
the public right-of-way are readily accessible to and usable by
pedestrians with disabilities. When the guidelines are adopted, with or
without additions and modifications, as accessibility standards in
regulations issued by other federal agencies implementing Title II of
the Americans with Disabilities Act, Section 504, and the Architectural
Barriers Act, compliance with the accessibility standards is mandatory.
The proposed guidelines do not address existing facilities unless
they
[[Page 44671]]
are included within the scope of an alteration to an existing facility
undertaken at the discretion of a covered entity. The Department of
Justice regulations implementing Title II of the Americans with
Disabilities Act contain requirements for state and local governments
regarding program accessibility and existing facilities. See 28 CFR
35.150. The Department of Transportation regulations implementing
Section 504 also contain requirements for recipients of federal
financial assistance from the Department regarding compliance planning.
See 49 CFR 27.11(c). As discussed above under the Major Issues,
transportation officials who commented on the 2002 draft guidelines
expressed concern about existing facilities that are not altered. When
the Department of Justice and Department of Transportation conduct
rulemaking to include accessibility standards for pedestrian facilities
in the public right-of-way in regulations implementing Title II of the
Americans with Disabilities Act and Section 504, they will address the
application of the accessibility standards to existing facilities that
are not altered. Comments concerning existing facilities that are not
altered should be directed to the Department of Justice and Department
of Transportation when they conduct rulemaking to include accessibility
standards for pedestrian facilities in the public right-of-way in
regulations implementing Title II of the Americans with Disabilities
Act and Section 504.
R102 Equivalent Facilitation
The use of alternative designs, products, or technologies that
result in substantially equivalent or greater accessibility and
usability than the proposed guidelines is permitted.
R103 Conventions
Conventional industry tolerances apply where dimensions are not
stated as a range. Where the required number of accessible facilities
or elements is based on ratios or percentages and remainders or
fractions result, the next greater whole number is required. Where the
required size or dimension of a facility or element is based on ratios
or percentages, rounding down for values less than one half is
permitted. Measurements are stated in metric and U.S. customary units,
and each system of measurement is to be used independently of the
other.
R104 Referenced Standards
The proposed guidelines incorporate by reference certain standards
in the 2009 edition of the Manual on Uniform Traffic Control Devices
for Streets and Highways (MUTCD). The referenced MUTCD standards are
discussed below under the relevant requirements regarding the provision
of alternate pedestrian access routes when a pedestrian circulation
path is temporarily closed, the provision of accessible pedestrian
signals and pedestrian pushbuttons, and pedestrian signal phase timing.
The MUTCD is available on the Federal Highway Administration Web site
at: https://mutcd.fhwa.dot.gov.
R105 Definitions
The proposed guidelines incorporate the MUTCD definitions for the
following terms: Highway, intersection, island, median, pedestrian,
roundabout, sidewalk, splitter island, and street. The proposed
guidelines define the following terms: Accessible, alteration, blended
transition, cross slope, curb line, curb ramp, element, facility, grade
break, operable part, pedestrian access route, pedestrian circulation
path, public right-of-way, qualified historic facility, running slope,
and vertical surface discontinuities. These definitions are discussed
in the sections where the terms are used. Collegiate dictionaries are
used to determine the meaning of terms that are not defined in the
proposed guidelines, referenced MUTCD standards, or regulations issued
by federal agencies that adopt the proposed guidelines as accessibility
standards. Singular and plural words, terms, and phrases are used
interchangeably.
Chapter R2: Scoping Requirements
Scoping requirements specify what pedestrian facilities must comply
with the proposed guidelines. Some of the scoping requirements are
triggered where certain pedestrian facilities are provided such as
pedestrian signals (see R209), street furniture (see R212), transit
stops and transit shelters (see R213), on-street parking (see R214),
and passenger loading zones (see R215). The scoping requirements
reference the technical requirements that each pedestrian facility must
comply with in order to be considered accessible. The technical
requirements are discussed in Chapters R3 and R4.
R201 Application
The proposed guidelines apply to newly constructed facilities,
altered portions of existing facilities, and elements added to existing
facilities for pedestrian circulation and use located in the public
right-of-way. The proposed guidelines apply to both permanent and
temporary facilities in the public right-of-way. An advisory section
provides examples of temporary facilities in the public right-of-way
that are covered by the scoping requirements (e.g., temporary
pedestrian circulation routes around work zones and portable public
toilets).
Buildings and structures in the public right-of-way that are not
covered by the proposed guidelines must comply with the applicable
requirements in the 2004 ADA and ABA Accessibility Guidelines. An
advisory section provides
