Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way, 53604-53662 [2023-16149]

Agencies

• Architectural and Transportation Barriers Compliance Board

[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Rules and Regulations]
[Pages 53604-53662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16149]



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Vol. 88

Tuesday,

No. 151

August 8, 2023

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; Final Rule

Federal Register / Vol. 88 , No. 151 / Tuesday, August 8, 2023 / 
Rules and Regulations

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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1190

[Docket No. ATBCB 2011-0004]
RIN 3014-AA26


Accessibility Guidelines for Pedestrian Facilities in the Public 
Right-of-Way

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Final rule.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board or Board) issues its final rule that provides minimum 
guidelines for the accessibility of pedestrian facilities in the public 
right-of-way. These guidelines, once adopted, would ensure that 
facilities used by pedestrians, such as sidewalks and crosswalks, 
constructed or altered in the public right-of-way by Federal, state, 
and local Governments are readily accessible to and usable by 
pedestrians with disabilities. When the guidelines are adopted, with or 
without 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 those enforceable accessibility standards 
is mandatory.

DATES: The final rule is effective September 7, 2023.

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). Email 
address board.gov">[email protected]board.gov.

SUPPLEMENTARY INFORMATION:

I. Executive Summary

    The U.S. Access Board issues its final rule for accessibility 
guidelines for pedestrian facilities in public rights-of-way (PROWAG or 
guidelines). These guidelines are issued under Title II of the 
Americans with Disabilities Act of 1990 (ADA) and the Architectural 
Barriers Act of 1968 (ABA). Title II of the ADA applies to State and 
local government facilities, among others. The ABA applies to 
facilities constructed or altered by or on behalf of the Federal 
Government, facilities leased by Federal agencies, and some facilities 
built with Federal funds.
    The purpose of these guidelines is to ensure that pedestrian 
facilities located in the public right-of-way are readily accessible to 
and usable by pedestrians with disabilities. Despite on-going efforts 
to improve access, pedestrians with disabilities throughout the United 
States continue to face major challenges in public rights-of-way 
because many sidewalks, crosswalks, and other pedestrian facilities are 
inaccessible. Equal access to pedestrian facilities is of particular 
importance because pedestrian travel is the principal means of 
independent transportation for many persons with disabilities.
    Key accessible features of pedestrian facilities specified in these 
guidelines include:
    Pedestrian Access Routes: Sidewalks, shared use paths and other 
pedestrian circulation paths must contain a ``pedestrian access 
route,'' which is required to be accessible to and traversable by 
individuals with disabilities. The portions of these sidewalks and 
paths that comprise the pedestrian access route must be wide enough to 
minimize the possibility of a pedestrian using a mobility device 
falling into a roadway when passed by another pedestrian. Pedestrian 
access routes have specified cross slopes and running slopes so that 
they are traversable by pedestrians using manual wheelchairs or other 
mobility aids without exhaustive effort. Surfaces of paths in the 
pedestrian access route must be firm, stable, and slip resistant, 
without large openings or abrupt changes in level. Objects may not 
hazardously protrude onto sidewalks, shared use paths, or other 
pedestrian circulation paths.
     Alternate Pedestrian Access Routes: When an entity closes 
a pedestrian access route for construction, it must provide a temporary 
alternate pedestrian access route with basic accessible features. 
Alternate pedestrian access routes ensure that construction in the 
public right-of-way does not prevent pedestrians with disabilities from 
reaching their destinations.
     Accessible Pedestrian Signals: All new and altered 
pedestrian signal heads installed at crosswalks must include 
``accessible pedestrian signals'' (APS), which have audible and 
vibrotactile features indicating the walk interval so that a pedestrian 
who is blind or has low vision will know when to cross the street. 
Pedestrian push buttons must be located within a reach range such that 
a person seated in a wheelchair can reach them. The walk speed used to 
calculate the crossing time allows pedestrians with disabilities 
sufficient time to cross.
     Crosswalks: Curb ramps and detectable warning surfaces are 
required where a pedestrian circulation path meets a vehicular way. 
Crosswalks at multilane roundabouts and channelized turn lanes must 
have additional treatments that alert motorists to the presence of 
pedestrians or slow or stop traffic at those crosswalks.
     Transit Stops: Boarding and alighting areas at sidewalk or 
street level, as well as elevated boarding platforms, must be sized and 
situated such that a person with a disability can board and alight 
buses and rail cars. Pedestrian access routes must connect boarding and 
alighting areas and boarding platforms to other pedestrian facilities. 
Transit shelters must have clear space for use by a person in a 
wheelchair.
     On-Street Parking: On-street non-residential parking must 
have designated accessible parking spaces sized so that a person with a 
disability may exit a parked vehicle and maneuver to the sidewalk 
without entering a vehicular way. Standard size designated accessible 
on-street parking spaces must be situated near an existing crosswalk 
with curb ramps.
    These minimum guidelines will become enforceable once they are 
adopted, with or without modifications, as mandatory standards under 
the ADA by the U.S. Department of Justice (DOJ) and the U.S. Department 
of Transportation (USDOT), or the four Federal agencies that set 
standards for the Federal Government under the Architectural Barriers 
Act--the U.S. Postal Service (USPS), General Services Administration 
(GSA), U.S. Department of Defense (DOD), and U.S. Department of Housing 
and Urban Development (HUD)).

II. Legal Authority and Need for Rulemaking

    These guidelines are issued pursuant to the ADA and the 
Rehabilitation Act, which provide statutory authority for the Access 
Board to issue minimum accessibility guidelines to ensure that 
transportation facilities are usable by persons with disabilities. See 
29 U.S.C. 792(b)(3)(B), 42 U.S.C. 12204. These guidelines serve as the 
minimum requirements for enforceable standards issued by other agencies 
pursuant to their responsibilities under the ADA and the ABA. 29 U.S.C. 
792(b)(3)(B); 42 U.S.C. 4151 et seq., 12134(c), 12149(b).
    As described in the Rulemaking History section below, these final 
guidelines have been long awaited, particularly by state and local 
governments subject to Title II of the ADA. Both the Access Board's 
2004

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Americans with Disabilities Act and Architectural Barriers Act 
Accessibility Guidelines (2004 ADAAG/ABAAG), and the Board's initial 
1991 Americans with Disabilities Act Accessibility Guidelines, were 
developed primarily for buildings and facilities on sites. 36 CFR part 
1191; 56 FR 35408 (July 26, 1991). While some of the requirements can 
be readily applied to pedestrian facilities in the public right-of-way, 
others need substantial modification, and many issues specific to 
public rights-of-way were simply not addressed. Further, the magnitude 
of existing physical constraints in public rights-of-way poses unique 
considerations that are not present in the context of buildings and 
sites.
    In the absence of final technical requirements for accessibility of 
pedestrian facilities, state and local governments have been left to 
determine on their own how to comply with the ADA's existing mandate to 
make public pedestrian transportation facilities accessible. The lack 
of final Federal standards has contributed to uncertainty about the 
relevant standards, which has resulted in courts determining technical 
requirements for accessibility, in some cases applying requirements for 
buildings and sites to public rights-of-way, although public rights-of-
way are, for the most part, not specifically addressed by these 
standards (see e.g., Kirola v. City & Cty. of S.F., 860 F.3d 1164 (9th 
Cir. 2017) (finding that ADAAG applies to public rights-of-way); 
Fortyune v. City of Lomita, 766 F.3d 1098 (9th Cir. 2014) (applying the 
2010 ADA Standards to diagonal parking in public rights-of-way in the 
absence of enforceable accessibility standards for public rights-of-
way); see also Sarfaty v. City of L.A., No. 2:17-cv-03594-SVW-KS, 2020 
U.S. Dist. LEXIS 40893 (C.D. Cal. Feb. 7, 2020) (concluding that 
neither PROWAG draft guidelines nor the 2010 ADA Standards are 
applicable to on-street parking).
    In addition, the Federal Government similarly lacks accessibility 
criteria for public rights-of-way, although there are numerous Federal 
sites that contain public rights-of-way, such as national parks, 
medical and educational campuses, and military installations. 
Consequently, the Federal Government, which seeks to be a leader in 
accessibility, has been without clear, specific, enforceable technical 
standards for accessibility in public rights-of-way. These final 
accessibility guidelines for pedestrian facilities in public rights-of-
way will serve as the technical basis of enforceable standards issued 
under the ABA by GSA, USPS, DoD, and HUD. See 29 U.S.C. 792(b)(3)(B); 
42 U.S.C. 4151 et seq.

III. Rulemaking History

    The Access Board began developing accessibility guidelines for 
pedestrian facilities in public rights-of-way shortly after the ADA was 
enacted in 1990. In 1992, the Board issued proposed guidelines for 
state and local government facilities, including pedestrian facilities 
in public rights-of-way, followed by interim guidelines in 1994 that 
also contained provisions for public rights-of-way. 57 FR 60612 
(December 21, 1992); 59 FR 31676 (June 20, 1994).
    In response to the proposed and interim guidelines, the Board 
received numerous public comments that indicated a need for further 
outreach, education, and research on accessible pedestrian facilities 
in public rights-of-way. Consequently, when the Board issued its first 
final guidelines for state and local government facilities in 1998, the 
requirements for pedestrian facilities in the public right-of-way were 
not included. 63 FR 2000 (January 13, 1998).
    In 1999, the Access Board established a Federal advisory committee 
to recommend accessibility guidelines for pedestrian facilities in 
public rights-of-way. The committee included a wide range of 
stakeholders, including representatives of state and local governments, 
the transportation industry, disability rights advocacy organizations, 
and other interested groups.\1\
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    \1\ 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 (now called Institute 
of Transportation 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.
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    In 2001, the advisory committee presented its consensus 
recommendations to the Board. See U.S. Access Board, Building a True 
Community: Final Report of the Public Rights-of-Way Access Advisory 
Committee. (Jan. 10, 2001). Based on the advisory committee's 
recommendations, the Access Board developed draft accessibility 
guidelines for pedestrian facilities in the public right-of-way, which 
it made available for public review and comment in 2002. 67 FR 41206 
(June 17, 2002). In 2005, the Board published revised draft guidelines, 
also seeking to gather data for a regulatory assessment of the 
guidelines' potential costs and benefits. 70 FR 70734 (November 23, 
2005).
    Following the 2005 release, the Access Board continued to further 
improve the draft guidelines, engaging numerous stakeholders and 
sponsoring research on various key provisions. The Access Board also 
engaged in substantial education and outreach efforts, conducting 
training programs around the country, and answering questions on its 
technical assistance hotline. In July 2007, the Public Rights-of-Way 
Access Advisory Committee released a 108-page planning and design guide 
for alterations based on the 2005 draft guidelines.
    In July 2011, the Access Board initiated the instant rulemaking, 
issuing a Notice of Proposed Rulemaking for Accessibility Guidelines 
for Public Rights-of-Way (NPRM). See 76 FR 44664 (July 26, 2011); 
Notice of Proposed Rulemaking--Correction, 76 FR 45481 (July 29, 2011). 
The NPRM was supported by a regulatory analysis based in part on cost 
estimates provided through a 2010 interagency agreement with the Volpe 
National Transportation Systems Center (Volpe Center). See Regulatory 
Assessment of Proposed Guidelines for Pedestrian Facilities in the 
Public Right-of-Way & Appendix (June 2011); Volpe Center, ``Cost 
Analysis of Public Rights-of-Way Accessibility Guidelines'' (November 
29, 2010), both available at https://www.regulations.gov in rulemaking 
docket (ATBCB-2011-0004).
    The NPRM requested public comments on all provisions of the 
proposed Accessibility Guidelines for Public Rights-of-Way (proposed 
rule or proposed guidelines). In particular, the Access Board sought 
comments from regulated entities, including state and local 
governments, on the costs and impacts of certain portions of the 
proposed rule. The comment period ended on November 23, 2011, and was 
subsequently reopened until February 2,

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2012.\2\ During the two comment periods, 460 commenters submitted 
approximately 600 comments. The Board also held public hearings in 
Dallas, Texas and Washington, DC in fall 2011.
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    \2\ Before the NPRM's initial comment period ended on November 
23, 2011, three national associations of local elected officials 
requested that the Access Board extend the comment period to allow 
local governments additional time to respond to the proposed rule. A 
national association of engineering companies also requested an 
extension of the comment period. The Access Board thus reopened the 
comment period through February 2, 2012. See Notice of Proposed 
Rulemaking--Reopening of Comment Period, 76 FR 75844 (Dec. 5, 2011).
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    On February 13, 2013, the Board issued a supplemental notice of 
proposed rulemaking (SNPRM) announcing its intent to add requirements 
for shared use paths (SUPs) to the proposed guidelines for pedestrian 
facilities in the public right-of-way.\3\ 78 FR 10110 (Feb. 13, 2013). 
The SNPRM specified which provisions of the proposed rule would be 
changed to include requirements for SUPs. During the 90-day comment 
period that followed, 55 commenters provided feedback on the provisions 
outlined in the SNPRM.
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    \3\ In March 2011, the Board issued an advance notice of 
proposed rulemaking announcing its intent to develop accessibility 
guidelines for SUPs and noted that it was considering including the 
SUP requirements in the guidelines for pedestrian facilities in the 
public right-of-way. 76 FR 17064, 17070 (March 28, 2011). The Board 
initially determined that SUPs would be addressed in a separate 
rulemaking, and thus did not include SUPs in the proposed public 
right-of-way guidelines. However, upon further consideration, the 
Board determined that SUPs were sufficiently similar to other 
pedestrian circulation paths such that they should be included in 
the final rule for pedestrian facilities in the public right-of-way. 
The Board then issued the SNPRM informing the public of its decision 
to include SUPs in the proposed guidelines and soliciting comments 
regarding the specific provisions that would apply to SUPs. 78 FR 
10110 (Feb. 13, 2013).
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    The Board carefully reviewed the public comments received in 
response to the NPRM and SNPRM, consulted with DOJ and USDOT, and 
revised the rule text for final publication. In 2015, the Board entered 
into a second interagency agreement with the Volpe Center to assess 
costs of the final provisions. However, in January 2017, in response to 
Executive Order 13771 (January 30, 2017), which required that agencies 
identify two regulations for elimination for every new regulation 
proposed and that the total incremental cost of any new regulations and 
deregulatory actions be zero, the Board ceased work on the PROWAG final 
rule. Staff shifted efforts to education, outreach, and technical 
assistance. From 2017 through 2022, Board staff addressed hundreds of 
technical assistance inquiries related to PROWAG.
    In 2021, following issuance of E.O. 13992 (January 20, 2021), which 
rescinded E.O. 13771, the Board resumed work on the PROWAG rulemaking 
and entered into a final interagency agreement with the Volpe Center to 
prepare the final regulatory impact analysis (FRIA). The FRIA is 
available in the docket for this rulemaking on regulations.gov and on 
the Access Board's website, www.access-board.gov.
    In consideration of the FRIA, public comments and testimony, 
feedback from other Federal agencies, and many years of close 
collaboration with stakeholders, the Access Board now issues these 
final guidelines on accessible pedestrian facilities in the public 
right-of-way.

IV. Summary of Significant Changes

    The significant changes to the final rule text from the versions 
proposed in the NPRM and SNPRM are as follows:
     Alterations. There are three major changes with the way 
alterations are treated in the final rule. First, any portion of a 
pedestrian facility that is altered must be altered to comply with 
these guidelines regardless of the intended ``scope of the project'' by 
the entity undertaking the alteration (R201.1). This approach is 
consistent with the way accessibility guidelines for buildings and 
sites are applied. The change is described in the Major Issues section 
below.
    Second, in the final rule, facilities and portions of facilities 
that are ``added'' to an existing, developed public right-of-way are 
``alterations,'' and are subject to the requirements for altered 
facilities (see R104.3; R201.1; R202). This includes that compliance 
with the requirements is required to the maximum extent feasible where 
existing physical constraints make compliance with the applicable 
requirements technically infeasible (R202.3). In the proposed rule, 
added elements were treated as new construction and subject to full 
compliance with all applicable requirements regardless of existing 
physical constraints (NPRM R202.2). This change is addressed in the 
Major Issues section below.
    Third, altered facilities must be connected to an existing 
pedestrian circulation path by a pedestrian access route (R202.2). In 
the proposed rule, only select alterations required a connection; 
however, to ensure that pedestrians with disabilities can realize the 
benefits of an altered pedestrian facility that is made accessible 
consistent with these guidelines, the final rule requires all altered 
facilities to connect to a pedestrian circulation path.
     Manual on Uniform Traffic Control Devices for Streets and 
Highways (MUTCD). In the final rule, MUTCD provisions are not 
incorporated by reference. The Board proposed to incorporate by 
reference various sections of the MUTCD in the NPRM. As explained in 
the major issues section below, this created confusion as to the 
application of those provisions in the context of PROWAG. Consequently, 
the Board has stated all required technical provisions directly in the 
rule text, many of which were taken from the MUTCD, as explained in the 
Section-by-Section discussion below.
     Alterations that Trigger Installation of Accessible 
Pedestrian Signals. In the NPRM, the Board indicated that the 
alteration of a signal controller and software, or the replacement of a 
signal head, would trigger the requirement to install an accessible 
pedestrian signal (NPRM R209.2). Upon consideration of public comments, 
the Access Board acknowledges the diverse nature of alterations that 
affect pedestrian signals, and declines in the final guidelines to list 
specific actions that trigger the requirement to install accessible 
pedestrian signals. Rather, pedestrian signals are subject to the same 
alteration requirements as other pedestrian facilities. The entity 
making the alteration will assess, according to requirements in the 
guidelines as adopted by USDOT and DOJ, whether installation of an 
accessible pedestrian signal is required. The Board notes that USDOT 
and DOJ may provide further specifics as to alterations triggering 
installation of APS in their rulemakings adopting these guidelines.
     Crosswalk Treatments at Roundabouts. The final rule 
expands the crosswalk treatment options among which jurisdictions must 
select for installation at multilane pedestrian crossings at 
roundabouts to include: a traffic control signal with a pedestrian 
signal head, a pedestrian hybrid beacon, a pedestrian actuated 
rectangular rapid flashing beacon, and a raised crossing. This change 
is discussed in the Major Issues section below.

V. Summary of Comments and Major Issues Raised by Commenters

A. Overview of Commenters

    In response to the NPRM, 460 commenters submitted approximately 600 
comments on the provisions of the proposed rule, including 25 state 
departments of transportation and highway administrations, 2 state 
utility organizations, and 1 state transit

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authority. Eighty-seven local government organizations commented, 
including city and county departments of transportation, engineering, 
public works, and planning; city councils and mayor's offices; and 
highway districts and transit authorities.
    The Access Board received comments from approximately 255 
individuals commenting on their own behalf, including persons with a 
range of disabilities who will directly benefit from these guidelines, 
and mobility specialists with experience teaching persons with 
disabilities how to navigate public rights-of-way. Individual 
commenters also included numerous civil engineers and planners with 
expertise in the design and construction of pedestrian facilities.
    In addition, the Access Board received comments from 
representatives of approximately 90 organizations including national 
and local disability rights advocacy organizations, engineering 
companies, law firms involved in ADA litigation, professional 
associations, and pedestrian and citizen advocacy organizations.
    In addition to soliciting written comments, the Board also held two 
public hearings on the proposed rule. NPRM, 76 FR at 44664. In Dallas, 
Texas, on September 12, 2011, twelve witnesses testified regarding the 
proposed guidelines. See PROW NPRM Public Hearing, Dallas, Sept. 2011, 
Docket ID ATBCB-2011-0346. Witnesses included engineers and architects, 
local government officials, and disability rights advocates, among 
others. Id. Fifteen individuals testified at a public hearing in 
Washington, DC on November 9, 2011, including representatives from 
organizations working with people with disabilities, private industry, 
and professional associations. See Transcript from PROW NPRM, Docket ID 
ATBCB-2011-0607.
    In response to the SNPRM to add shared use paths to the proposed 
rule, the Access Board received comments from 55 commenters. Eighteen 
state and local government entities commented, as well as seven 
disability rights organizations, three engineering companies, four 
citizens' organizations, and two industry associations. In addition, 
over 20 individuals, including industry professionals and persons with 
disabilities, responded to the SNPRM.
    The Access Board appreciates the robust and thoughtful public 
response to the PROWAG rulemaking, and carefully considered all 
testimony and comments received in response to both the NPRM and the 
SNPRM. Commenters provided feedback on many specific provisions of the 
proposed rule. The majority of these comments are addressed in the 
Section-by-Section Analysis in Section VI of this preamble. However, 
numerous commenters raised concerns regarding four issues: the 
application of the guidelines to new construction and alterations; the 
requirements regarding accessible pedestrian signals; the requirement 
for pedestrian signals or pedestrian hybrid beacons at roundabouts; and 
the extension of the leveling out of intersections to pedestrian 
crossings. The Board addresses these major issues below.

B. Major Issues

1. Application of the Guidelines to New Construction and Existing 
Facilities
Treatment of New Construction, Added Facilities, and Alterations
    In the proposed rule, the Board identified three types of 
pedestrian facilities subject to PROWAG: newly constructed facilities, 
added facilities, and altered facilities. The NPRM specified that newly 
constructed and added facilities were subject to full compliance with 
PROWAG (NPRM R201.1; NPRM R202.2), while alterations were expected to 
comply to the maximum extent practicable where existing physical 
constraints make it impracticable to fully comply (NPRM R202.3.1).
    These three classifications of facilities were carried over from 
the accessibility guidelines for buildings and sites, where they have 
been used successfully for many years. 69 FR 44083, 36 CFR part 1191 
(July 23, 2004) and 56 FR 35408 (July 26, 1991). However, in response 
to the PROWAG NPRM, the Board received comments from state DOTs and 
others indicating confusion as to how to distinguish between new, 
added, and altered facilities in the public right-of-way. In addition, 
since publication of the NPRM, the Board has regularly received 
technical assistance inquiries from individuals seeking to determine 
whether a particular public right-of-way construction project must 
fully comply with requirements for new construction or is subject to 
considerations for existing physical constraints for alterations.
    The Board concurs that the distinctions between new construction, 
added facilities, and alterations, which are readily apparent in 
construction of a building, are not as clear in the public right-of-
way. For example, under the language of the NPRM, a jurisdiction might 
consider the extension of a sidewalk an alteration of an existing 
pedestrian facility or alternatively an addition of a new pedestrian 
facility. The level of compliance with accessibility requirements might 
hinge on that characterization.
    In determining how to resolve this confusion in the final rule, the 
Board considered comments from state DOTs, local government entities, 
an association of engineering companies, and the American Association 
of State Highway and Transportation Officials (AASHTO) indicating that 
any construction in existing public rights-of-way should be subject to 
considerations for existing physical constraints, highlighting that 
existing storm and sanitary sewer infrastructure, utilities, and 
adjacent developed facilities may make full compliance with the 
guidelines impossible.
    In the final rule, the Board has defined ``alteration'' as ``a 
change to or an addition of a pedestrian facility in an existing 
developed public right-of-way that affects or could affect pedestrian 
access, circulation, or usability'' (R104.3). In so defining 
``alteration,'' the Board has revised the requirements for added 
facilities, now allowing them to comply to the maximum extent feasible 
where existing physical constraints make compliance with applicable 
requirements technically infeasible (R202.3). The Board has also 
provided a definition for ``developed'' as ``[c]ontaining buildings, 
pedestrian facilities, roadways, utilities, or elements'' (R104.3). 
Taken together, the Board expects full compliance with the requirements 
for new construction on undeveloped land (i.e., greenfield), while any 
construction undertaken in an existing developed right-of-way is 
expected to comply to the maximum extent feasible where existing 
physical constraints make compliance with applicable requirements 
technically infeasible. The Board has concluded that these expectations 
for compliance are reasonable in light of existing infrastructure in 
developed rights-of-way, and the opportunity for full compliance in a 
new public right-of-way built on undeveloped land.
Alterations vs. Maintenance
    In response to the NPRM, the Board received several comments 
seeking clarity on what types of roadwork would constitute an 
``alteration'' within the meaning of the rule. The proposed guidelines 
defined ``alteration'' as ``[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

[[Page 53608]]

parts or elements of a facility'' (NPRM R105.5).
    One state department of transportation, four local government 
entities, a national parks and recreation organization, and an 
individual engineer commenter requested further clarification on the 
definition of ``alteration,'' or additional examples.
    Much of the concern centered on the Board's inclusion of the 
example of ``resurfacing.'' Five states and AASHTO, seven local 
government entities, various organizations associated with the 
construction industry, an independent Federal agency, and an 
engineering company expressed concern that ``resurfacing'' was included 
in the definition of alteration and sought additional information on 
the definition of ``resurfacing.'' These commenters were concerned that 
``maintenance'' operations and ``pavement preservation'' would trigger 
an obligation to comply with these guidelines.
    Since the publication of the NPRM, this issue has largely been 
resolved. In 2013, DOJ and USDOT issued joint guidance clarifying when 
resurfacing is considered an ``alteration'' for purposes of ADA Title 
II compliance and specifying the types of treatments that are 
considered maintenance. See DOJ and USDOT, Department of Justice/
Department of Transportation Joint Technical Assistance on Title II of 
the Americans with Disabilities Act Requirements to Provide Curb Ramps 
when Streets, Roads, or Highways are Altered through Resurfacing (July 
8, 2013), available at https://www.ada.gov/doj-fhwa-ta.htm; see also Q 
& A Supplement to the 2013 DOJ/DOT Joint Technical Assistance on the 
Title II of the ADA Requirements To Provide Curb Ramps when Streets, 
Roads, or Highways are Altered through Resurfacing, available at 
https://ada.gov/doj-fhwa-ta-supplement-2015.html.
    The Board's revised definition of ``alteration'' in the final rule 
omits the examples of specific roadway treatments, deferring to USDOT's 
and DOJ's joint technical assistance as to which treatments and types 
of construction are considered alterations for purposes of enforcement 
of their standards. However, the Board here clarifies that where a 
roadway treatment is determined to be an alteration, compliance with 
PROWAG is triggered and the technical requirements apply, regardless of 
the ``scope of the [alteration] project.'' The elimination of the 
``scope of the project'' language from the final rule is discussed 
below.
Scope of the Project
    The proposed guidelines indicated that where existing elements are 
altered, each altered facility ``within the scope of the project'' must 
be made to comply with the guidelines (NPRM R202.3). One state and 
several local government entities requested clarification on the 
intended meaning of ``scope of the project,'' and disability rights 
advocacy organizations expressed concern that regulated entities may 
define the scope of the project to avoid compliance. The Board has thus 
removed this language from the final rule.
    Under the final rule, altered portions of existing pedestrian 
facilities are expected to comply with the requirements (R201.1). This 
means that the portion of a pedestrian facility that is altered is 
expected to comply with all applicable technical requirements. Where 
existing physical constraints make compliance with applicable 
requirements technically infeasible, compliance with these requirements 
is required to the maximum extent feasible (R202.3). This is the same 
approach that is employed in the 2004 ADA and ABA Accessibility 
Guidelines for buildings and sites.
Existing Physical Constraints
    Section R202.3.1 of the NPRM stated that where existing physical 
constraints make full compliance with these guidelines 
``impracticable,'' alterations must comply with the technical 
specifications of these guidelines to the ``extent practicable.'' The 
proposed section R202.3.1 provided examples of existing physical 
constraints, including ``underlying terrain, right-of-way availability, 
underground structures, adjacent developed facilities, drainage, or the 
presence of a notable natural or historic feature.''
    Numerous commenters expressed varying concerns about section 
R202.3.1 of the proposed rule. One state public utility commission, 
four local government entities, and an engineering firm requested that 
the Access Board provide further explanation of the meaning of ``extent 
practicable'' and one state DOT recommended replacing the term with 
``maximum extent practicable.'' A disability rights advocacy 
organization requested a requirement for full compliance with the 
guidelines unless ``technically infeasible.'' Three disability rights 
advocacy organizations and two individuals expressed concern that the 
language describing existing physical constraints was too broad or 
might be used as an excuse to deviate from the technical requirements. 
Three state DOTs and one local government entity requested 
clarification on ``right-of-way availability'' as an existing physical 
constraint and wondered whether they would be expected to obtain 
additional right-of-way.
    In the final rule, the Board has replaced the term 
``impracticable'' with ``technically infeasible'' and ``extent 
practicable'' with ``maximum extent feasible,'' which are the terms 
used in the 2004 ADA and ABA Accessibility Guidelines. See e.g., 36 CFR 
part 1191, App. B, 202.3 Exception 2. The Board acknowledges that 
``impracticable'' and ``extent practicable'' were intended to be 
interpreted in the same way as ``technically infeasible'' and ``maximum 
extent feasible,'' and the use of different terms was creating 
confusion. The expectation is that in the context of alterations, 
entities are responsible for compliance with applicable technical 
requirements to the maximum extent feasible where existing physical 
constraints make compliance with those requirements technically 
infeasible.
    The Board also eliminated ``right-of-way availability'' as an 
example of an existing physical constraint. The Board acknowledges that 
in many cases regulated entities have authority to acquire additional 
right-of-way, which made it a confusing example of an existing physical 
constraint. DOJ and USDOT may provide further information as to any 
expectations that entities acquire additional right-of-way to meet 
accessibility requirements.
    A disability rights advocacy organization requested that the Board 
apply the ``primary function'' and ``path of travel'' requirements from 
the 2004 ADA and ABA Accessibility Guidelines. 36 CFR part 1191, App. B 
202.4. In addition, a local chapter of a national public works 
association, seven local government entities, and a disability rights 
advocacy organization would like the final rule to contain a 20% 
threshold for determining whether the cost of providing accessibility 
features is disproportionate to the overall cost of the alteration.\4\ 
The Board points

[[Page 53609]]

commenters to the detailed explanation in the preamble to the NPRM as 
to why the primary function area and path of travel concepts are not 
appropriate for pedestrian rights-of-way. 76 FR 44664, 44672 (July 26, 
2011).
---------------------------------------------------------------------------

    \4\ Section 202.4 of the 2004 ADA and ABA Guidelines states that 
an alteration that affects or could affect the usability of or 
access to an area containing a primary function shall be made so as 
to ensure that, to the maximum extent feasible, the path of travel 
to the altered area, including the rest rooms, telephones, and 
drinking fountains serving the altered area, are readily accessible 
to and usable by individuals with disabilities, unless such 
alterations are disproportionate to the overall alterations in terms 
of cost and scope as determined under criteria established by the 
Attorney General. In existing transportation facilities, an area of 
primary function shall be as defined under regulations published by 
the Secretary of the Department of Transportation or the Attorney 
General. 36 CFR part 1191, App. B, Sec.  202.4.
    DOJ's 2010 ADA Standards state in part that alterations made to 
provide an accessible path of travel to the altered area will be 
deemed disproportionate to the overall alteration when the cost 
exceeds 20% of the cost of the alteration to the primary function 
area. 28 CFR 35.151(b)(4)(iii)(A).
---------------------------------------------------------------------------

Existing Facilities
    Several commenters expressed concern about their obligations under 
Title II of the ADA and Section 504 of the Rehabilitation Act for 
existing facilities that are not altered. See 28 CFR 35.150 (containing 
DOJ accessibility requirements for state and local governments' 
existing facilities); see also 49 CFR 27.11(c) (requiring recipients of 
USDOT Federal financial assistance to undertake accessibility 
compliance planning). When DOJ and USDOT conduct rulemaking to include 
accessibility standards for pedestrian facilities in the public right-
of-way in regulations implementing Title II of the ADA and Section 504 
of the Rehabilitation Act, they will address the application of their 
accessibility standards to existing facilities that are not altered. 
Comments concerning existing facilities that are not altered should be 
directed to DOJ and USDOT at that time. These guidelines address only 
new construction and alterations of existing facilities, and are 
voluntary until adopted by other agencies, with or without 
modifications, as enforceable standards.
2. Accessible Pedestrian Signals
Scoping for Accessible Pedestrian Signals
    Accessible Pedestrian Signals are devices that communicate 
information about pedestrian signal timing in non-visual formats such 
as audible tones, speech messages, and/or vibrating surfaces (R104.3). 
In the NPRM, the Board proposed that all new and altered pedestrian 
signals conform to the requirements for accessible pedestrian signals 
in sections 4E.08 through 4E.13 of the MUTCD (NPRM R209.1).
    Several entities submitted comments opposing universal installation 
of accessible pedestrian signals. Eight state and three local 
government entities advocated for their jurisdictions' more limited 
practices with respect to determining where accessible pedestrian 
signals should be installed: six states and one local government 
installed accessible signals upon citizen request or as part of planned 
upgrades; one state and one local government consulted with mobility 
specialists or disability advocacy groups before installing an 
accessible pedestrian signal in a given location; one state only 
installed accessible pedestrian signals where a substantial population 
of blind individuals is known to travel, such as near a school for 
students who are blind; one city installed accessible pedestrian 
signals within a quarter mile of light rail stations, and elsewhere 
upon request.
    Two local governments, while not stating a current practice, 
indicated that they would like to work with organizations representing 
the ``low vision community'' to determine where accessible signals 
should be installed. Fifteen other local government commenters and six 
individual commenters from the engineering industry, and an association 
of city transportation engineers preferred that the guidelines leave 
the decision as to whether to install accessible pedestrian signals to 
``engineering judgment,'' as specified in the MUTCD. A national 
organization of transportation officials expressed that the guidelines 
should require accessible pedestrian signals only where there is a 
demonstrated need. Three states and two cities indicated that they 
already provide accessible pedestrian signals whenever possible when 
new pedestrian signals are installed, or existing signals are altered.
    This requirement for the installation of accessible pedestrian 
signals was also one of the proposed provisions of PROWAG that 
generated the most public support. More than 115 commenters, including 
disability rights organizations, individuals with disabilities, and 
mobility specialists, supported the proposed requirement.
    Upon careful consideration of the comments, as well as the costs 
and benefits of this requirement, the Board has decided to retain in 
the final rule scoping specifying that accessible pedestrian signals be 
installed wherever new pedestrian signals are provided, and whenever 
pedestrian signals are altered. Accessible pedestrian signals are 
crucial to the independent movement of individuals who are blind or 
have low vision throughout public rights-of-way.\5\ Over time this 
requirement will make accessible pedestrian signals ubiquitous 
throughout the United States, allowing people who are blind or have low 
vision to undertake independent pedestrian travel to any destination 
where pedestrian facilities exist. Anything less than a universal 
requirement is unlikely to achieve a uniform nationwide result.
---------------------------------------------------------------------------

    \5\ The Access Board acknowledges a historical difference of 
opinion between advocacy organizations for people who are blind as 
to the need for accessible pedestrian signals. The Board further 
notes that this difference of opinion has diminished over time. In 
the NPRM, the Access Board observed that in response to the 2002 
draft guidelines, two thirds of commenters identifying themselves as 
being blind or having low vision supported installation of 
accessible pedestrian signals. 76 FR at 44676. In response to the 
NPRM, commenters indicating a vision disability overwhelmingly 
expressed support for accessible pedestrian signals. In 2001, the 
National Federation of the Blind (NFB) opposed universal 
installation of accessible pedestrian signals on the grounds that 
they were unnecessary in most circumstances, and that the sounds 
emitted by accessible signals interfered with detection of vehicles 
through audible cues. See Public Rights of Way Advisory Committee, 
Building a True Community, Minority Report. 153 (January 10, 2001). 
However, even at that time, the NFB noted changing features of 
public rights-of-way that complicated the traditional reliance on 
traffic noises for navigation, including quieter cars, complex 
signal intersections, wide streets, and the use of pedestrian 
actuated signals. Id. In response to the NPRM, the NFB advised that 
it now supports the use of accessible pedestrian signals when 
installed in consultation with the blind community. See NFB, Public 
Comment, ATBCB-2011-0004-0251, available at www.regulations.gov. The 
Access Board notes that accessible pedestrian signals must be 
equally available to all individuals, whether or not they are 
affiliated with or known to any particular advocacy organization or 
civic group. The Board observes that the American Council of the 
Blind strongly supports the installation of accessible pedestrian 
signals wherever pedestrian signals exist. See American Council of 
the Blind, Public Comment, ATBCB-2011-0004-0341, available at 
www.regulations.gov.
---------------------------------------------------------------------------

    The Board has assessed the incremental costs associated with the 
installation of accessible pedestrian signals. FRIA at 46. The Board 
acknowledges that the requirement for universal installation of APS is 
the single most costly provision of PROWAG. Id. However, it is the 
provision expected to provide the greatest advance in equity for 
persons who are blind or have low vision, as the use of accessible 
pedestrian signals is one of the accessibility features of public 
rights-of-way that has not been uniformly adopted across the United 
States. The Board has assessed the costs and benefits of this 
requirement and is confident that the combination of the monetizable 
and unmonetizable benefits greatly outweigh the costs. See FRIA at 129.
    Specific changes to language of the provision are addressed in the 
section-by-section analysis below.
Alterations of Accessible Pedestrian Signals
    In the NPRM, the Board specified alteration of the signal 
controller and software, and replacement of a signal head as 
alterations that would trigger

[[Page 53610]]

installation of an accessible pedestrian signal consistent with the 
technical requirements (NPRM R209.2). The Access Board received 
numerous comments disagreeing with the proposed provision. Ten state 
departments of transportation and 28 local government entities 
responded, in addition to five professional organizations. These 
commenters indicated that neither altering a signal controller and 
software, nor replacing a signal head offers an opportunity to convert 
an existing pedestrian signal to an accessible pedestrian signal. Some 
of these commenters were concerned that under the proposed language, a 
minor modification or repair could result in an extensive project to 
upgrade an entire intersection. Others worried that they would have to 
forgo regular software upgrades provided by signal manufactures unless 
they intended to convert existing equipment to accessible pedestrian 
signals.
    Four disability rights advocacy organizations, one pedestrian 
advocacy organization, and four individuals supported the proposed 
specifications regarding specific actions that should trigger 
installation of accessible pedestrian signals, and requested that the 
Access Board add other triggering actions in the final rule. The 
National Committee on Uniform Traffic Control Devices (NCUTCD) 
recommended requiring installation of accessible pedestrian signals 
when traffic signal equipment modification or timing changes affect the 
ability of a pedestrian with a disability to be aware of the change. 
See NCUTCD, Public Comment, ATBCB-2011-0004-0477, available at 
www.regulations.gov. NCUTCD cited reduction of walk time or pedestrian 
clearance, and installation of modified turn phasing as examples of 
such changes that should warrant conversion to an accessible pedestrian 
signal. Id.
    The Access Board proposed the requirements of section R209.2 to 
ensure that accessible pedestrian signals would be installed during 
alteration projects. Upon consideration of public comments, the Access 
Board acknowledges the diverse nature of alterations that affect 
pedestrian signals, and declines in the final guidelines to specify 
specific actions that trigger the requirement to install accessible 
pedestrian signals. Rather, pedestrian signals are subject to the same 
alteration requirements as other pedestrian facilities. The entity 
making the alteration will assess, according to requirements in the 
guidelines as adopted by USDOT and DOJ, whether installation of an 
accessible pedestrian signal is required. The Board notes that USDOT 
and DOJ may provide further specifics as to alterations triggering 
installation of APS in their rulemakings adopting these guidelines.
3. Pedestrian Crossing Treatments at Roundabouts
    In the NPRM, the Board proposed a requirement for installation of 
an accessible pedestrian actuated signal at multilane pedestrian street 
crossings \6\ at roundabouts (NPRM Section R306.3.2). In an advisory 
issued with the proposed rule, the Board indicated that a Pedestrian 
Hybrid Beacon (PHB) could be used in lieu of a standard pedestrian 
signal.\7\
---------------------------------------------------------------------------

    \6\ In the final rule, the term ``crosswalk'' has been 
substituted for ``pedestrian street crossing'' to use terminology 
consistent with the MUTCD.
    \7\ Pedestrian Hybrid Beacons (PHBs) are a special type of 
hybrid beacon used to war and control traffic at an unsignalized 
location to assist pedestrians in crossing a street at a marked 
crosswalk (R104.3).
---------------------------------------------------------------------------

    Roundabouts present unique challenges for pedestrians who are 
blind. At roundabouts, entering and exiting vehicles yield, but do not 
stop. The continuous traffic flow removes many of the audible cues that 
pedestrians who are blind use to navigate pedestrian street crossings. 
Without signals that periodically stop vehicles, pedestrians must 
assess when there is a sufficient gap in traffic to cross. Sighted 
pedestrians visually assess the distance and speed of on-coming cars to 
decide when they should cross. However, pedestrians who are blind or 
have low vision are not able to identify breaks in on-coming traffic by 
sight and lack the audible cues that might otherwise substitute for 
visible information.
    The Board included the requirement for an accessible pedestrian 
signal or an accessible PHB at multilane pedestrian street crossings at 
roundabouts to make those complex pedestrian street crossings 
accessible to people who are blind or have low vision. At multilane 
roundabouts, pedestrians who are blind or have low vision face 
additional challenges. While a vehicle in the lane nearest the curb 
might stop for a pedestrian who is blind, the stopped vehicle may mask 
the audible cues of a car in the next lane that does not yield. See 
Transportation Research Board, NCHRP Report 674: Crossing Solutions at 
Roundabouts and Channelized Turn Lanes for Pedestrians with Vision 
Disabilities, 6 (2011), available at https://onlinepubs.trb.org/onlinepubs/nchrp/nchrp_rpt_674.pdf. https://onlinepubs.trb.org/onlinepubs/nchrp/nchrp_rpt_674.pdf. https://onlinepubs.trb.org/onlinepubs/nchrp/nchrp_rpt_674.pdf. As a result, pedestrians who are 
blind take substantially more time to locate a crossing opportunity and 
make more errors in assessing such opportunities than sighted 
pedestrians. Id. To address these challenges, the proposed rule 
specified a requirement for a pedestrian actuated signal to be provided 
at all multilane pedestrian street crossings at roundabouts.
    The Access Board received numerous comments on this proposed 
provision. Five state departments of transportation, eleven local 
government entities, two professional associations for engineers, three 
engineering companies, and two individuals opposed a universal 
requirement for the proposed pedestrian treatments at multilane 
roundabouts. These commenters opined that engineering judgement and/or 
warrant criteria should be used on a case-by-case basis to determine 
whether a pedestrian treatment is appropriate at a given roundabout 
crossing. Two states, seven local government entities, a local public 
works association, and AASHTO opposed the requirement on the grounds 
that pedestrian signals and PHBs will create a false sense of safety 
for pedestrians as drivers who would not be expecting signals at 
roundabouts would fail to yield to pedestrians.
    One state, five local government entities, and a professional 
association related to the construction industry expressed concern that 
the addition of pedestrian signals or PHBs would defeat the purpose of 
using roundabouts instead of traditional intersections. Specifically, 
these commenters noted that roundabouts keep traffic continuously 
flowing, reduce air pollution from idling vehicles, reduce accidents, 
and may cost less to build as compared to fully signalized 
intersections. Three local government entities expressed concern that 
PHBs would be confusing to motorists in parts of the country where, at 
the time the comments were submitted, they were not frequently used. 
Three state departments of transportation, eight local government 
entities, a transportation engineering firm, and a public works 
professional association found the proposed provision too restrictive 
as written and urged the Access Board to consider other pedestrian 
crossing treatments such as raised crosswalks and rapid rectangular 
flashing beacons (RRFBs).
    Many other commenters supported the proposed requirement for 
signals or PHBs at multilane pedestrian street crossings at 
roundabouts. Two municipalities, seven disability rights advocacy 
organizations, two pedestrian

[[Page 53611]]

advocacy organizations, one engineering firm, and 99 individuals, 
including persons with disabilities, mobility specialists, and others, 
supported the proposed provision. Three disability rights organizations 
requested that the final rule require signals or PHBs at all 
roundabouts, including single lane pedestrian crossings. Two 
researchers who generally supported the proposed rule also encouraged 
further study on other acceptable treatments, such as raised crosswalks 
and RRFBs.
    The Access Board considered all of the comments submitted regarding 
pedestrian treatments at roundabouts. In addition to the comments, the 
Board considered relevant research on alternate pedestrian treatments 
such as raised crosswalks and RRFBs. Raised crosswalks are marked 
pedestrian crossings on elevated speed tables that require a driver to 
slow down to cross the speed table. Because drivers must slow their 
vehicles to traverse the raised crossing, they are more likely to yield 
to pedestrians waiting to cross. RRFBs are flashing yellow rectangular 
lights that are activated by the pedestrian and supplement a pedestrian 
warning sign. The flashing beacons draw a driver's attention to the 
pedestrian in the crosswalk, increasing the likelihood that the driver 
will yield to the pedestrian. Unlike the PHB, neither the raised 
crosswalk nor the RRFB provide the driver with a ``stop'' signal. 
Rather, they bring increased awareness to the presence of a pedestrian.
    National Cooperative Highway Research Program Project 674 assessed 
the use of PHBs and raised crosswalks at a multilane roundabout by 
blind pedestrians in Golden, Colorado. See Transportation Research 
Board, NCHRP Report 674: Crossing Solutions at Roundabouts and 
Channelized Turn Lanes for Pedestrians with Vision Disabilities 6 
(2011), available at https://onlinepubs.trb.org/onlinepubs/nchrp/nchrp_rpt_674.pdf. Researchers found positive effects on decision 
making regarding crossings by blind pedestrians using both types of 
treatments. Id.
    A study undertaken by Western Michigan University confirmed the 
effectiveness of PHBs at multilane roundabouts and showed that RRFBs 
could be effective in some instances. See Dept. of Blindness and Low 
Vision Studies, Western Michigan University et al., Road Commission for 
Oakland County PHB and RRFB Study: Final Report, 5-7 (October 5, 2011) 
available at https://www.rcocweb.org/DocumentCenter/Home/View/99 
(indicating that RRFBs installed at two-lane roundabout entries had a 
positive impact on decision making by blind pedestrians as to assessing 
when to cross; however, RRFBs were less effective at two-lane 
roundabout exits and three-lane roundabouts).
    A Federal Highway Administration (FHWA) study found further support 
for the conclusion that under certain circumstances, RRFBs can be 
effective at providing accessibility for pedestrian crossings at 
multilane roundabouts. FHWA, Pub. No. FHWA-SA-15-69, Evaluation of 
Rectangular Rapid-Flashing Beacons (RRFB) at Multilane Roundabouts, 34 
(2015, Updated 2020) available at https://safety.fhwa.dot.gov/intersection/roundabouts/fhwasa15069.pdf.
    The Board also reviewed Transportation Research Board-sponsored 
research on crossing solutions at roundabouts and channelized turn 
lanes for pedestrians who are blind or have low vision. See 
Transportation Research Board, NCHRP 3-78b: Guidelines for the 
Application of Crossing Solutions at Roundabouts and Channelized Turn 
Lanes for Pedestrians with Vision Disabilities, Final Project Report 
(2016) available at https://itre.ncsu.edu/wp-content/uploads/sites/2/2017/04/NCHRP-03-78b_Final-Guidelines.pdf; see also Transportation 
Research Board, NCHRP 834: Crossing Solutions at Roundabouts and 
Channelized Turn Lanes for Pedestrians with Vision Disabilities, A 
Guidebook (2017) available at https://www.trb.org/Main/Blurbs/175586.aspx.
    Multilane roundabouts remain highly complex crossings for 
pedestrians who are blind or have low vision. In light of the lack of 
clear audible cues at these crossings and the additional challenges 
posed by the geometry of multilane crossings in these locations, in the 
final rule the Board has retained the requirement for an enhanced 
crosswalk treatment at each multilane pedestrian crossing at 
roundabouts. However, based on commenter feedback and the Board's 
review of available research, the final rule includes three treatment 
options for crosswalks at roundabouts, in addition to standard 
accessible pedestrian signals: PHBs, raised crosswalks, and RRFBs. All 
three treatments demonstrated positive effects over untreated crossings 
in the research studies described above. While the three treatments did 
not perform identically in each research study, the Board finds that 
each treatment was effective in certain scenarios. The final rule 
requires that, like other accessible pedestrian signals, all new and 
altered PHBs provide audible and vibrotactile information in addition 
to visible cues, and all new and altered RRFBs provide audible 
information communicating that the warning lights are flashing.
    The Board notes that research on single lane roundabouts indicates 
that certain single lane roundabouts pose challenges to pedestrians 
with disabilities attempting to cross. See David A. Guth et. al., Blind 
and Sighted Pedestrians' Road Crossing Judgments at a Single-Lane 
Roundabout, 55 Human Factors, 632 (June 2013). However, it is not clear 
from the limited available research, whether all single lane 
roundabouts, or only those with certain characteristics, pose barriers 
to safe crossing for pedestrians who are blind such that enhanced 
crossing treatments are required. USDOT plans to undertake additional 
research to study the conditions under which single lane crossings at 
roundabouts present challenges for pedestrians who are blind.
4. Leveling Out of Intersections Extended Through Pedestrian Crossings
    In the NPRM, the Board proposed to require that the grade of 
pedestrian access routes in crosswalks not exceed 5% (NPRM R302.5.1). 
The proposed rule also limited the cross slope of pedestrian access 
routes to 2% (NPRM R302.6), and the cross slope of pedestrian access 
routes contained within crosswalks at approaches without yield or stop 
control to 5% (NPRM R302.6.1). The effect of these provisions was to 
require that in new construction, the leveling out of streets at 
intersections be extended to crosswalks. It is common practice to level 
out streets at intersections so that the slope of a street does not 
present a significant cross slope to the intersecting roadway. AASHTO 
recommends that at intersections, grades in excess of three percent 
should be avoided. See AASHTO, Policy on Geometric Design of Highways 
and Streets at 9-34.
    The cross slope of a crosswalk is the same as the grade of the 
roadway that runs through it. Where traffic is required to slow down at 
a crosswalk because there is a device such as a stop or yield sign, the 
grade of the road (and the cross slope of the crosswalk) can be flatter 
because vehicles move more slowly through the crosswalk. However, where 
traffic will flow across a crosswalk without slowing or stopping, such 
as during a green light or at an intersection without any traffic 
control device, abrupt changes in the grade of the road should be 
minimized to prevent a vehicle from jolting or bottoming out on the 
grade change in hilly areas.
    The proposed rule specified cross slope of pedestrian street 
crossing in

[[Page 53612]]

new construction and alterations according to the type of traffic 
control provided at the intersection. At NPRM section R302.6.1, the 
proposed guidelines called for a maximum 5% cross slope for pedestrian 
street crossings ``without yield or stop control.'' In an advisory at 
R302.6.1, the Board explained that crossings ``without yield or stop 
control'' refer to those crossings that do not have a stop or yield 
sign, or alternately have a traffic signal that is ``designed for the 
green phase.'' The Board further clarified that crossings ``without 
yield or stop control'' are those intersections where ``vehicles can 
proceed through the intersection without slowing or stopping.'' 
Proposed provision R302.6 provided for a 1:48 maximum cross slope for 
other pedestrian street crossings at intersections, which would include 
those with a stop or yield sign, or other type of traffic control 
device requiring a full stop or yield.
    In response to the NPRM, ten state entities, six local government 
entities, eight individuals from the engineering and planning industry, 
and one engineering firm indicated that the Board should use clearer 
language to distinguish between the types of crossings. Thus, in the 
final rule, the Board has separated the requirements according to the 
type of traffic control at the crosswalk: crosswalk with yield or stop 
control devices (R302.5.2.1); crosswalk at an uncontrolled approach 
(R302.5.2.2); crosswalk with traffic control signal or PHB 
(R302.5.2.3); and midblock and roundabout crosswalks (R302.5.2.4).
    Many commenters expressed concern about the application of the 
cross slope provisions in alterations. Three state departments of 
transportation and one local government entity were concerned that 
changes in signalization alone, without any construction to the roadway 
itself, would trigger a requirement to comply with the cross slope 
requirements at pedestrian crossings. Two states, one association 
representing state departments of transportation, one local government, 
and one engineer pointed out that signalization of intersections change 
over time and questioned whether the requirement should be tied to a 
fluid marker. The local government and engineer commenters noted that 
while 5% maximum cross slope might be acceptable at the time of new 
construction, once more houses and facilities are built around an 
intersection warranting a stop sign, the requirement would shift to 2%. 
Commenters noted that a 2% maximum cross slope is less easily achieved 
in an alteration than in new construction. The Board notes that an 
alteration to a traffic control device would not necessarily trigger a 
requirement to comply with cross slope requirements at that crosswalk 
if the crosswalk is not being altered.
    One state expressed concern that resurfacing roadways would trigger 
a requirement to regrade intersections. A local government indicated 
that retrofitting cross slopes of existing crossings would have more 
than minimal impacts, and another local government requested that 
existing crossings be entirely exempted from the requirement. Four 
organizations associated with the construction and public works 
industries expressed concern about the cost of compliance for existing 
intersections. One state was not sure that it could meet the cross 
slope requirements given existing infrastructure. Seven local 
government entities expressed that altering intersections to comply 
with cross slope requirements would be ``unreasonable,'' 
``burdensome,'' ``impractical,'' ``difficult,'' or ``not feasible 
without major reconstruction.''
    The Board acknowledges that full compliance with the cross slope 
requirements for crosswalks, which is expected in new construction, may 
be challenging in some alterations due to existing physical 
constraints. In alterations, compliance with R302.5.2 is required to 
the maximum extent feasible where existing physical constraints, as 
discussed in R202.3, make compliance technically infeasible. If 
existing curbs, gutters, sidewalks, and utilities are not part of the 
facility being altered, they are generally considered ``adjacent 
developed facilities'' which are a type of existing physical constraint 
under R202.3 that could constrain the technical feasibility of 
compliance with R302.5.2. Thus, if a public entity is not otherwise 
altering the adjacent developed facilities as part of its crosswalk 
alteration and those existing physical constraints would make 
compliance with R302.5.2 technically infeasible, then compliance is 
required to the maximum extent feasible without needing to alter the 
adjacent developed facilities.
    The Board notes, however, that when alterations are made to 
crosswalks, R203.6.2 requires curb ramps or blended transitions to be 
provided on both ends of the crosswalk where a pedestrian access route 
crosses a curb, thus making such curb ramps or blended transitions part 
of the crosswalk being altered. Accordingly, existing curb ramps and 
blended transitions are not considered existing physical constraints 
under R202.3. Similarly, existing curbs within the crosswalk where 
there is no curb ramp or blended transition, are not considered 
existing physical constraints under R202.3.
    The Board has assessed the costs of compliance with the crosswalk 
cross slope requirements in the FRIA. See FRIA at 114. In light of the 
existing physical constraints provision at R202.3, the application of 
which to R302.5.2 is described above, as well as the large number of 
jurisdictions whose design guidance for crosswalk cross slope already 
meets the PROWAG technical requirements, the Board believes commenters' 
concerns that this requirement is ``unreasonable,'' ``burdensome,'' or 
``not feasible without major reconstruction'' to be based on a 
misunderstanding of the requirements. Further, the Board regards the 
accessibility of crosswalks, where individuals with disabilities are 
present in vehicular ways, to be critical in ensuring equitable use of 
pedestrian facilities.
    Several state and local jurisdictions objected to the technical 
requirements themselves. One state department of transportation 
indicated that a 3% maximum cross slope is appropriate for pedestrian 
crossings with stop and yield control, and 6% maximum is appropriate 
for other crossings. Two local government entities recommended 5% 
maximum cross slope for all crossings. Another state agreed with a 
grade limitation on side streets, but not through streets, which would 
eliminate restrictions on cross slope of pedestrian crossings spanning 
through streets. Another state DOT commented that regrading pedestrian 
crossings is costly and problematic for vehicles, and preferred that 
tabling not be required. Three local government entities, a public 
works association, and an association of engineering professionals 
expressed concern that the cross slope requirements will create a 
``roller coaster'' street profile or ``jolt'' vehicles as they pass 
over pedestrian crossings. The Board disagrees that the technical 
requirements, when properly implemented, will result in the engineering 
concerns expressed by some commenters. Further, the Board observes that 
if an entity can demonstrate that the unique characteristics of the 
underlying terrain of a specific newly designed intersection preclude 
full compliance with the cross slope requirements, under DOJ's Title II 
regulations under the ADA, full compliance with the cross slope 
requirements may not be required. See 28 CFR 35.151. In alterations, 
where compliance is technically infeasible,

[[Page 53613]]

alterations must comply with requirements to the maximum extent 
feasible (R202.3). In addition, the Board has provided an exception for 
the grade of crosswalks where superelevation exceeds 5% (R302.4.3).
    Other commenters supported the proposed requirements. A 
professional organization of mobility specialists for people who are 
blind requested that the Board encourage tabling wherever feasible. A 
pedestrian advocacy organization asserted that 2% should be the maximum 
cross slope for all pedestrian crossings. A non-profit accessible 
design organization also indicated that 2% maximum cross slope should 
be the standard for all pedestrian crossings, noting that a 5% cross 
slope is too steep for many manual wheelchair users.
    After careful review of the comments, the Board has retained the 
substantive cross slope requirements for crosswalks as proposed. A 
cross slope of 1:48 (2.1%) is well established in accessibility 
guidelines as the appropriate maneuverable cross slope for most 
individuals in manual wheelchairs and persons with balance impairments. 
See, e.g., Uniform Federal Accessibility Standards (UFAS), 49 FR 31528 
(Aug. 7, 1984) and the 2004 ABA and ADA Accessibility Guidelines, 36 
CFR part 1191.
    The Board notes that if the 1:48 cross slope ratio were expressed 
as a percentage to the nearest hundredth, the relevant percentage would 
be 2.08%. This percentage has been expressed as 2.1% in the regulatory 
text due to the limitations of current digital measuring tools commonly 
used in sidewalk construction, which would round 2.08% to 2.1%.
    In these guidelines, the Board balances accessibility with 
engineering considerations. The Board has assessed the costs of 
compliance with the crosswalk cross slope requirements in the FRIA. See 
FRIA at 114.
5. MUTCD
    The proposed guidelines incorporated by reference portions of the 
2009 edition of the USDOT Federal Highway Administration's (FHWA's) 
Manual on Uniform Traffic Control Devices (MUTCD), which is the 
standard for traffic control devices used throughout the United States. 
The incorporated sections included several definitions and technical 
requirements for alternate pedestrian access routes and accessible 
pedestrian signals and push buttons (NPRM R105.2; R205; R209.1).
    Several disability rights advocacy organizations objected to this 
approach. Two organizations objected to the Access Board's use of the 
MUTCD in lieu of creating its own technical specifications for these 
regulated features, while others did not oppose the use of the MUTCD 
standard but felt that the relevant text of the MUTCD should be 
reproduced within the guidelines or in an appendix. A variety of 
commenters urged the Access Board to include the full text of MUTCD 
definitions for specified terms incorporated by reference.
    The National Technology Transfer and Advancement Act requires 
Federal agencies to use technical standards developed by voluntary 
consensus standards organizations to carry out policy objectives. 15 
U.S.C. 3701 et seq. Wherever practical and appropriate, government 
adoption of voluntary standards reduces the burden of compliance with 
Federal regulations on regulated entities, and also reduces costs to 
the government. See generally, Office of Management and Budget (OMB), 
Circular A-119. The MUTCD was developed as a voluntary consensus 
standard for traffic control devices and was subsequently adopted by 
the FHWA as a national standard. See FHWA, Evolution of MUTCD, 
available at https://mutcd.fhwa.dot.gov/kno-history.htm. States must 
adopt the content of the MUTCD within two years of issuance. 23 CFR 
part 655, subpart F.
    Consistent with its statutory obligations and OMB guidance to 
reduce the burden on regulated entities, the Access Board uses existing 
technical standards where possible to meet its policy objectives. 
Accordingly, the Board proposed incorporation by reference of the MUTCD 
sections. However, upon review of the comments, and after over a decade 
of providing technical assistance on the application of those 
provisions, the Board concurs with commenters that incorporating MUTCD 
provisions by reference does not provide sufficient clarity for a 
mandatory standard.
    Specifically, the Board notes that the MUTCD contains several types 
of provisions, some of which are mandatory standards and some of which 
are guidance, options, and supporting explanations. The Board proposed 
to incorporate by reference the standards, but further indicated that 
the guidance, options, and support statements must be used to interpret 
the standards. The NPRM further stated that if there were any 
differences between the MUTCD and the proposed rule, the proposed rule 
applied. Upon review, and in light of the comments, it is clear that 
this approach does not provide sufficient specificity to achieve 
uniform nationwide accessibility. In addition, application of the MUTCD 
relies heavily on engineering judgement, which further invites the 
possibility of subjective determinations of the need for specific 
accessibility features.
    In the final rule, the Board has addressed this confusion by 
eliminating all references to the MUTCD and including the specific 
definitions and requirements directly in the rule text. The technical 
provisions and the definitions included in the rule text adhere closely 
to substantive requirements of the MUTCD. The origin of the substantive 
requirements, and any deviations from the MUTCD, are explained in the 
Section-by-Section discussion below.
    The Board notes that four state DOTs and three local government 
commenters expressed concern that these guidelines ``conflict'' with 
the MUTCD. One state DOT and two local governments indicated that where 
MUTCD and these guidelines differ, the MUTCD should apply. Two state 
DOTs commented that if certain treatments are required for 
accessibility purposes, they should be contained in the MUTCD. Another 
state department of transportation observed that the MUTCD and the 
guidelines should not be interpreted as conflicting.
    In the development of this final rule, the Access Board consulted 
representatives from USDOT's Federal Highways Administration, which 
issues the MUTCD. In addition, the Access Board reviewed USDOT's 
proposed rule to update the MUTCD. National Standards for Traffic 
Control Devices; the Manual on Uniform Traffic Control Devices for 
Streets and Highways; Revision, 85 FR 80898 (proposed Dec. 14, 2020)(to 
be codified at 23 CFR parts 470, 635, and 655). When USDOT undertakes 
its own rulemaking to adopt these guidelines as enforceable standards, 
USDOT will determine how to ensure that there is no ``conflict'' within 
its own regulations.

VI. Section-by-Section Analysis

A. Structural Changes to the Rule Text

    To improve clarity of the rule text, the Board made some non-
substantive structural changes. First, while not a change to the rule 
text itself, the advisories that appeared with the proposed rule text 
have been removed. The Access Board no longer publishes advisories in 
the Code of Federal Regulations (CFR) as the information contained in 
those advisories is guidance, not mandatory requirements. The Access 
Board will provide guidance on its website to assist regulated parties 
understand and properly implement the final enforceable standards that 
are

[[Page 53614]]

issued by the standard-setting agencies. In some areas, information 
that previously appeared in an advisory has been moved to the rule 
text. Those instances are discussed in the section-by-section 
discussion below.
    Second, as previously noted, the Board eliminated incorporation by 
reference of portions of the MUTCD, opting instead to state the 
requirements directly in the PROWAG rule text. The Board agreed with 
numerous commenters who indicated that stating the requirements in the 
rule text would provide greater clarity. Substantive changes relating 
to the specific MUTCD sections referenced in the proposed rule are 
discussed in their respective sections below.

B. Chapter 1: Application and Administration

R101 Purpose and Application
    The final rule contains scoping and technical requirements that 
ensure that pedestrian facilities located in public rights-of-way are 
readily accessible to and usable by pedestrians with disabilities. This 
includes both pedestrian facilities in a street or highway right-of-way 
and pedestrian facilities located in an independent right-of-way or 
easement, such as a shared use path. These scoping and technical 
requirements apply to facilities covered by both the ADA and the ABA 
and become mandatory once adopted for enforcement by another Federal 
agency issuing regulations implementing the ADA, Section 504 of the 
Rehabilitation Act, or the ABA.
    The intent of this section has not changed from what was proposed 
in the NPRM; however, the text has been edited for clarity. 
Specifically, R101.1 states that the guidelines apply to public rights-
of-way, including a public right-of-way that forms the boundary of a 
site or that lies within a site. This clarification is provided so that 
jurisdictions understand that these guidelines apply to public rights-
of-way that may also be part of a ``site,'' and thus subject to 36 CFR 
1191. See CFR part 1191, App. B, 106.5 & App. C F106.5 (defining 
``site'' as a ``parcel of land bounded by a property line or a 
designated portion of a public right-of-way''). Where a public right-
of-way is part of a site covered by the ABA or Title II of the ADA, 
these guidelines apply to the public right-of-way portion of that site.
    As stated in the Major Issues section above, these guidelines do 
not address existing facilities unless they are altered at the 
discretion of a covered entity. DOJ's and USDOT's regulations 
implementing these guidelines under the ADA, will address requirements 
for existing pedestrian facilities in the public right-of-way.
R102 Deviations From These Guidelines
    This section, titled ``Equivalent Facilitation'' in the proposed 
rule, states that under the ADA, the use of alternative designs, 
products, or technologies that result in substantially equivalent or 
greater accessibility and usability than the proposed guidelines is 
permitted. The Access Board has added language clarifying that the use 
of alternative designs, products, or technologies is not permitted for 
facilities subject to the ABA. The Board has also added a provision at 
R102.2 explaining that under the ABA, deviations from an enforceable 
standard issued by GSA, HUD, DoD, or USPS require an approved waiver or 
modification, which is issued by the standard-setting agency upon a 
determination that the waiver or modification is ``clearly necessary.'' 
See 42 U.S.C. 4156.
R103 Conventions
R103.1 Conventional Industry Tolerances
    Conventional industry tolerances apply where dimensions are not 
stated as a range. The final rule clarifies that dimensions that are 
stated as having a specific minimum or maximum endpoint are considered 
a range. For example, a cross slope specified as ``1:48 (2.1%) 
maximum'' is considered a range from zero to 1:48 (2.1%). Designing to 
a dimension below the maximum allows for construction inaccuracies 
without the need for a tolerance.
    Several engineers and state DOTs requested that we provide a list 
of specific tolerances. Tolerances are determined by the industry for 
the material used. It would not be beneficial to codify specific 
tolerances in these guidelines that cannot be easily updated when 
revised by industry. The Board also received comments requesting 
guidance on how measurements should be taken to assess compliance and 
others expressing concern about how construction variations would be 
treated in enforcement scenarios. These concerns should be directed to 
the enforcing agencies when they issue their proposed rules.
R103.2 Calculation of Percentages
    Where the required number of elements or facilities to be provided 
based on the specified ratio or percentage is not a whole number, the 
result is rounded up to the next whole number. For example, if a group 
of five benches is provided at a location that is not a transit stop or 
shelter, R209.6.2 requires 50% of the benches to provide clear space 
complying with R404. Since 50% of five is 2.5, the result is rounded up 
and three benches would be required to provide the clear space.
    In the final rule, the Board has omitted the proposed sentence 
indicating that rounding down for values less than one half is 
permitted where the determination of the required size or dimension of 
an element or facility involves ratios or percentages. The Board notes 
the potential for misinterpretation of this sentence as allowing a 
regulated entity to round down the measurement of a slope, for example 
a cross slope of 2.44%, to a whole number. The Board further notes that 
while this provision is included in the 2004 ABA and ADA Accessibility 
Guidelines, it has long been a source of confusion. Notably, the Board 
received a comment from a local government entity erroneously applying 
this provision to the walking speed used to determine pedestrian signal 
timing.
R103.3 Units of Measurement
    Linear measurements in these guidelines are stated in both U.S. 
customary units and metric units. Slopes are expressed in both ratios 
and percentages. Each system should be used independently and 
consistently, as they may not be exact equivalents.
    In the proposed rule, slope measurements were stated only in 
percentages, which in most cases had been rounded to whole numbers. For 
consistency with the 2004 ADA and ABA Accessibility Guidelines, which 
expresses slope only in ratios, in the final rule slopes are expressed 
in both ratios and percentages. The practical effect of this change is 
that slopes stated as 2 percent in the proposed rule are 1:48 (2.1%) in 
the final rule, which is the ratio used in the 2004 ADA and ABA 
Accessibility Guidelines. The Board has elected to state percentages to 
one decimal place for ease of implementation, as current digital 
measuring tools commonly used in sidewalk construction typically 
provide measurements to one decimal place.
R104 Definitions
    This was section 105 in the NPRM but was redesignated as section 
104 when the Board deleted proposed section 104 as the result of the 
decision to eliminate the reference to the MUTCD in favor of providing 
the actual language from the MUTCD (sometimes as modified) throughout 
the rule.

[[Page 53615]]

R104.1 Undefined Terms
    The proposed rule indicated that undefined terms are defined using 
a collegiate dictionary in the sense that the context implies. The 
final rule implements the Board's current standard approach to 
undefined terms, stating that undefined terms shall be given their 
ordinary meaning in the sense that the context implies.
R104.2 Interchangeability
    This provision states that the plural and singular forms of a word 
are used interchangeably in these guidelines.
R104.3 Defined Terms
    The Board's decision to include all substantive requirements in the 
final rule text in lieu of incorporating MUTCD provisions by reference 
has resulted in significant expansion of the number of defined terms in 
these guidelines. The proposed rule text, as modified by the SNPRM, 
included 17 definitions and nine MUTCD definitions that were 
incorporated by reference.
    In addition, the proposed rule specified that terms appearing in 
the sections of the MUTCD that were incorporated by reference would 
have the meanings as stated in the definition section of the MUTCD. In 
moving MUTCD requirements and definitions that had been previously 
incorporated by reference directly into the rule text, the Board also 
added to the rule text the relevant defined terms from MUTCD that 
appeared in these sections.
    The Board also added several terms to provide clarity to the rule 
text and removed a few defined terms that were no longer needed in 
light of revisions to the proposed rule. In total, the final rule has 
52 defined terms, which are identified throughout the rule text in 
italic font.
    The following terms were added from the MUTCD, either verbatim, or 
with minimal edits made for clarity: Accessible Pedestrian Signal, 
Crosswalk, Highway, Median, Pedestrian, Pedestrian Interval Change, 
Pedestrian Hybrid Beacon, Pedestrian Signal Head, Push Button, Push 
Button Locator Tone, Roadway, Roundabout, Sidewalk, Splitter Island, 
Traveled Way, and Walk Interval. The following additional terms, which 
have definitions that are not taken from MUTCD, have been added to 
provide further clarity to the rule text: Block Perimeter, Boarding 
Platform, Building, Curb, Detectable Warning Surface, Developed, Grade, 
Parallel Curb Ramp, Passenger Loading Zone, Pedestrian Activated 
Warning Devices, Pedestrian Refuge Island, Perpendicular Curb Ramp, 
Ramp, Stair, Standard Curb Height, Street,\8\ Transit Shelter, Transit 
Stop, Transitional Segment, and Vibrotactile.
---------------------------------------------------------------------------

    \8\ In the NPRM, the Board proposed to incorporate the 
definition of ``street'' from MUTCD, which is used in the MUTCD as a 
synonym of ``highway.'' However, the definition of ``street'' in the 
final rule reflects the use of the term in PROWAG as a synonym of 
the defined term ``roadway,'' not ``highway.''
---------------------------------------------------------------------------

    A few proposed defined terms have been removed from the final rule:
     ``Facility,'' a term and definition that came from ADAAG, 
has been replaced by ``pedestrian facility'' and a corresponding 
definition that more accurately reflects how the term is used in 
PROWAG. In addition, the reference to ``elements'' was removed from the 
definition of pedestrian facility, since elements are components of a 
pedestrian facility.
     ``Island,'' which was proposed to be incorporated by 
reference from MUTCD, has been replaced by ``Pedestrian Refuge Island'' 
with a corresponding definition that clarifies the characteristics that 
make an island suitable for pedestrian refuge (specifically, that the 
traversable path of the island be at least 72 inches long in the 
direction of travel to allow sufficient space for two detectable 
warning surfaces, separation of those surfaces, and space for a 
pedestrian to wait).
     ``Intersection,'' which was proposed to be incorporated by 
reference from MUTCD, has been eliminated from the defined terms. The 
Board concluded that future regulated entities, specifically state and 
local departments of transportation, can readily identify an 
intersection, and that reproducing the highly technical MUTCD 
definition of intersection in the rule text would not provide 
additional clarity.
     ``Vertical Surface Discontinuities'' was eliminated 
entirely from the rule text. In the final rule, this concept is 
expressed in the relevant provisions as ``changes in level,'' which is 
a widely understood requirement of ADAAG.
    In the final PROWAG rule text, most of the original definitions 
that were proposed have been edited for clarity as follows:
     Accessible: The word ``facility,'' which is no longer a 
defined term, has been replaced with ``pedestrian facility'' and 
``element.''
     Alteration: The defined term now also includes 
``altered.'' As explained in the Major Issues section above, the 
definition has been edited to clarify that an addition of a pedestrian 
facility to an existing, developed right-of-way is considered an 
alteration within the requirements of PROWAG. Several commenters 
requested edits to or clarifications regarding the examples that were 
included in the proposed definition. The Board has removed the examples 
from the definitions. Providing examples, if necessary, is better left 
to the enforcing agencies.
     Blended Transition: This definition has been revised to 
more accurately describe the portion of a pedestrian access route that 
is a blended transition, and to differentiate blended transitions from 
curb ramps.
     Cross Slope: The word ``grade'' has been changed to slope, 
which reflects more typical usage.
     Curb Line: The word ``highway'' was removed for clarity, 
as ``street'' sufficiently conveys the concept.
     Curb Ramp: The edited definition clarifies that the words 
``parallel'' and ``perpendicular'' are stated relative to the curb or 
street that curb ramps serve.
     Element: The word ``pedestrian facility'' has been 
substituted for ``facility,'' reflecting the substitution of defined 
terms, as described above.
     Grade Break: The term ``running slope'' has been 
substituted for ``grade'' for consistency in the way these terms are 
used throughout the rule text.
     Operable Part: The phrase ``interact with the element'' 
has been added to as a use of an operable part. This addition is 
designed to cover QR codes and any other markings that are intended to 
be scanned with a mobile device.
     Pedestrian Access Route: The term ``accessible'' has been 
added to clarify that the pedestrian access route is the portion of a 
pedestrian circulation path that complies with the pedestrian access 
route accessibility requirements in these guidelines. The phrase 
``coinciding with'' has been removed as redundant.
     Pedestrian Circulation Path: The word ``travel'' was 
removed in favor of the word ``use'' for clarity.
     Qualified Historic Building or Facility: The term 
``qualified historic facility'' was updated to ``qualified historic 
building or facility'' for clarity to match the term that is used in 
the 2004 ABA and ADA Accessibility Guidelines.
     Running Slope: The word ``slope'' has been substituted for 
``grade'' for consistency. In response to comments, the Board has 
clarified that grade and running slope are synonymous.
     Shared Use Path: In response to comments from state and 
local government entities, the Board has edited the definition to 
emphasize the transportation purpose of shared use paths. While many 
shared use paths are also used for recreation, a path that is used 
primarily for recreation is not subject to the shared use path

[[Page 53616]]

requirements in this rule. Regulated entities should carefully consider 
the purpose and use of paths when determining whether to treat them as 
shared use paths under these guidelines. A wooded cut-through in a 
suburban area regularly used by residents on foot and on bicycles to 
reach a transit stop is likely a shared use path. A hiking trail 
through a mountainous area used primarily for recreational hiking and 
biking is probably not a shared use path under these guidelines.

C. Chapter 2: Scoping Requirements

R201 General
Scope (R201.1)
    All newly constructed pedestrian facilities and elements, and all 
altered portions of existing pedestrian facilities must comply with 
these guidelines. There is no substantive change in the general scope 
of the final rule from what was proposed. However, as described in the 
major issues section above, the Board clarified that newly constructed 
pedestrian facilities are those that are constructed on greenfield. Any 
pedestrian facilities or elements that are constructed on or added to 
developed land, as defined in section R104 are subject to the 
requirements for alterations, described in section R202.
    R201.1 excepts from compliance pedestrian facilities within areas 
used only by service personnel for maintenance, repair, or monitoring 
of equipment. This exception was included in the proposed rule as a 
separate provision entitled ``R203 Machinery Spaces.''
Temporary and Permanent Pedestrian Facilities (R201.2)
    This provision specifies that both temporary and permanent 
pedestrian facilities in the public right-of-way must comply with these 
guidelines. Temporary facilities might include outdoor festival 
structures or pop-up service counters. In the final rule, the provision 
clarifies that when a pedestrian circulation path or transit stop is 
temporarily closed, an alternate pedestrian access route or transit 
stop must be provided in accordance with R204. As stated in R204, 
temporary alternate pedestrian access routes are subject to the 
technical requirements of R303 and R402 in lieu of the full 
requirements for permanent pedestrian access routes described at R203.
Buildings, Structures, and Elements (R201.3)
    This provision explains that buildings, structures, and elements 
that are in the public right-of-way and are not specifically covered by 
these guidelines are subject to the applicable requirements for 
buildings and sites at 36 CFR part 1191. In response to commenters' 
requests for clarity as to what is intended here, the Board added 
examples of buildings, structures and elements at safety rest areas or 
park and ride lots, and temporary performance stages and reviewing 
stands. As stated in R201.2, all permanent and temporary pedestrian 
facilities in the public right-of-way must comply with accessibility 
standards. However, PROWAG does not provide technical requirements for 
every type of structure that is provided for pedestrian use in the 
public right-of-way. For example, technical accessibility requirements 
for performance stages are not included in PROWAG, but this provision 
directs a jurisdiction constructing a performance stage in the public 
right-of-way to the buildings and sites guidelines for technical 
accessibility requirements of that structure.
R202 Alterations
    The main purpose of this section is to describe the additional 
flexibilities provided for compliance when construction of pedestrian 
facilities and elements occurs on developed land as compared to the 
expected full compliance of new construction on undeveloped land. These 
flexibilities are as follows.
     R202.2: Altered elements are connected by a pedestrian 
access route to an existing pedestrian circulation path. This allows 
altered elements to tie into an existing pedestrian circulation path 
(which may not necessarily have a pedestrian access route) instead of 
requiring a full network of pedestrian access routes as specified in 
R203.2, which for new construction requires all accessible elements, 
spaces, and pedestrian facilities to be connected by a pedestrian 
access route. A transitional segment, as defined in R104.3, may be used 
in the connection of an altered pedestrian access route to an existing 
pedestrian circulation path.
     R202.3: Alterations must comply with a requirement to the 
maximum extent feasible where existing physical constraints make full 
compliance with that requirement technically infeasible. Examples of 
physical constraints include underlying terrain, underground 
structures, adjacent developed facilities, drainage, or the presence of 
a significant natural or historic feature. The language of this section 
has been revised for clarity. Numerous commenters indicated that the 
proposed language, which stated that compliance was required to the 
``extent practicable'' where physical constraints made full compliance 
``impracticable,'' was confusing, and requested that the Board use the 
phrase ``maximum extent feasible'' the term that is used in the 2004 
ABA and ADA Accessibility Guidelines. The Board concurred with 
commenters and modified the language of the provision for consistency.
     R202.5: Alterations to qualified historic buildings or 
facilities must comply with a requirement to the maximum extent 
feasible where full compliance with the requirement would threaten the 
historic significance of the qualified historic building or facility. 
The wording of this provision was changed slightly from the proposed 
language to clarify that this exception is not intended to protect 
every element of a historic property, for example every historic 
cobblestone, present in a public right-of-way. Rather, the intent is to 
protect the historic significance of the facility generally. The 
revised language clarifies, for example, that the removal of a portion 
of cobblestones to install a curb ramp that provides access to 
individuals with disabilities does not necessarily threaten the 
historic significance of the entire facility.
    In addition, in section R202.4, the final rule states that 
alterations may not decrease the accessibility of existing pedestrian 
facilities below the requirements of the guidelines. This provision has 
been edited for clarity. The Board uses the term ``accessible'' in the 
rule text to refer to pedestrian facilities that are compliant with the 
guidelines (R104.3). This baseline is useful for jurisdictions 
implementing PROWAG in certain alteration scenarios where they must 
make choices amongst various accessible features to achieve compliance. 
For example, to add a missing landing, the slope of an existing curb 
ramp may need to be increased to the maximum allowable slope. This is 
an acceptable choice under these guidelines.
    In addition to the above-described changes, the Board has made two 
other important modifications to the Alterations section of these 
guidelines. First, as described in the Major Issues section, the Board 
has included pedestrian facilities and elements that are ``added'' to 
developed areas within the definition of alteration. This is a change 
from the proposed rule where added elements and facilities were subject 
to the requirements for new construction. The Board agreed with 
numerous commenters who expressed the view that existing physical 
constraints present on developed property might affect the extent to

[[Page 53617]]

which some added elements and facilities in the public right-of-way 
could comply strictly with new construction standards.
    Second, also as discussed in the Major Issues section, the Board 
stated at proposed R202.3 that each altered element, space, or facility 
``within the scope of the [alteration] project'' was required to comply 
with these guidelines. Some state and local government commenters 
indicated confusion over the meaning of ``scope of the project,'' and 
some disability rights advocacy organizations expressed concern that 
the phrase did not clearly convey expectations for compliance with 
these guidelines. The Board concurs that this provision was an 
unnecessary source of confusion and has eliminated the proposed R202.3 
(which would have appeared at 202.1 in the final rule) as duplicative 
with the general scoping provision at R201.1. The term ``scope of the 
project'' no longer appears in the guidelines. As in the 2004 ABA & ADA 
Accessibility Guidelines, whatever is altered must be made compliant.
R203 Pedestrian Access Routes
    This section contains scoping requirements that explain where 
pedestrian access routes are required, and scoping requirements that 
point to the technical requirements in Chapters 3 and 4 applicable to 
each component of pedestrian access routes.
    Pedestrian access routes are a portion of the traversable 
pedestrian facilities in a public right-of-way that must comply with 
the accessibility requirements in these guidelines. In new 
construction, there will be a continuous network of pedestrian access 
routes that connect all accessible elements, spaces, and pedestrian 
facilities (R203.2). In alterations, a continuous network of pedestrian 
access routes will be established piece-by-piece as pedestrian 
facilities are altered and brought into compliance with PROWAG.\9\
---------------------------------------------------------------------------

    \9\ Consistent with the incremental method of application of 
this rule, the Board has included an exception for existing 
pedestrian circulation paths. This exception allows a jurisdiction 
to alter an element in the public right-of-way that is on or 
adjacent to an existing pedestrian circulation path without altering 
the pedestrian circulation path to provide a fully compliant 
pedestrian access route. For example, if a jurisdiction installs a 
bench on an existing sidewalk, the bench must comply with PROWAG 
requirements (R209.6), but the jurisdiction is not also required by 
PROWAG to replace the sidewalk. However, if the jurisdiction were to 
install a bench where no pedestrian circulation path existed, it 
would be required to connect the bench with a compliant pedestrian 
access route to an existing pedestrian circulation path (R202.2).
---------------------------------------------------------------------------

    A pedestrian access route exists within or is connected by each 
newly constructed or altered traversable pedestrian facility: 
pedestrian circulation paths (including shared use paths) (R203.3); 
crosswalks (R203.4); pedestrian at-grade rail crossings (R203.5); curb 
ramps and blended transitions (R203.6); pedestrian overpasses and 
underpasses (R203.7); ramps (R203.8); elevators and limited use/limited 
application elevators (R203.9); platform lifts (R203.10); and doors and 
gates (R203.11).\10\ Again, the goal, over time, is a continuous 
accessible pathway through all traversable facilities in the public 
right-of-way.
---------------------------------------------------------------------------

    \10\ Stairs are not part of a pedestrian access route and are 
not acceptable as a sole connector of pedestrian facilities. 
However, stairs may be provided in addition to ramps or other 
pedestrian access route components. Where stairs are provided in the 
public right-of-way, they must meet technical requirements (R213).
---------------------------------------------------------------------------

    The structure of section R203 Pedestrian Access Routes in the final 
rule has been revised from the proposed section R204 of the NPRM (as 
modified by the SNPRM). First, with edits to R203.1 General, the Board 
has clarified that the facilities listed in R203 either ``contain'' or 
``connect'' a pedestrian access route. In the years since the NPRM was 
published, Access Board technical staff have received inquiries related 
to whether each piece of sidewalk or pedestrian facility is expected to 
be part of a pedestrian access route, or whether, for example, a 
pedestrian access route could be provided on one side of the street and 
not the other. This confusion stems from a requirement in the 2004 ABA 
and ADA Accessibility Guidelines that at least one accessible route 
connect buildings, sites, elements, and spaces, but does not require 
that each route between these locations be accessible. See 36 CFR part 
1191, App. A, Ch. 2, 206.2.2.
    The public right-of-way in this aspect is not analogous to 
buildings and sites. Every new or altered pedestrian facility must be 
made accessible. Thus, the Access Board clarifies that the requirements 
for pedestrian access routes are applicable to every newly constructed 
or altered pedestrian circulation path, crosswalk, pedestrian at-grade 
rail crossing, and pedestrian overpass and underpass, and the curb 
ramps, ramps, elevators, platform lifts, and doors and gates that 
connect pedestrian facilities with pedestrian access routes must also 
comply with the accessibility requirements of PROWAG.
    Second, the Board has moved the scoping for crosswalks (referred to 
as pedestrian street crossings in the proposed rule at NPRM R206) and 
the scoping for curb ramps and blended transitions (NPRM R207) into the 
final rule's scoping section for pedestrian access routes at R203. The 
Board made this change to further clarify that crosswalks, curb ramps, 
and blended transitions are pedestrian facilities that comprise part of 
the continuous network of pedestrian access routes present in the 
public right-of-way.
    Third, in response to numerous technical assistance inquiries over 
the years since the NPRM was published, in the final rule the Board has 
added detailed scoping as to the required placement of curb ramps. The 
scoping clarifies when curb ramps are required at intersection 
crosswalks, midblock and roundabout crosswalks, on-street parking, and 
passenger loading zones. It further clarifies that when alterations are 
made to crosswalks, missing curb ramps must be added as part of the 
alteration. This added scoping is discussed in greater detail below.
Pedestrian Circulation Paths (R203.3)
    In response to the proposed rule (NPRM 204.2), some commenters 
requested that the Access Board explicitly require that jurisdictions 
provide sidewalks, while others requested that the Board clarify that 
the PROWAG rule does not require sidewalks. The final rule requires 
that pedestrian access routes connect accessible elements, spaces, and 
pedestrian facilities (R203.2). A pedestrian access route is comprised 
primarily of conforming portions of a pedestrian circulation path, 
which are defined as ``a prepared exterior or interior surface provided 
for pedestrian use in the public right-of-way'' (R104.3). It does not 
matter under the rule whether the pedestrian access route runs through 
a sidewalk, shared use path, shoulder intended for pedestrian use, or 
other type of prepared surface, as long as it meets the technical 
requirements for pedestrian access routes. Jurisdictions may meet the 
requirements of PROWAG using any of the available options.
    In the final rule the Board has revised this provision to indicate 
that transitional segments, as defined in R104.3, may be used to 
connect new or altered pedestrian access routes to existing pedestrian 
circulation paths. Transitional segments appeared in the proposed rule 
at NPRM R202.3.2.
Crosswalks (R203.4)
    As noted above, in the final rule, the Board has relocated the 
scoping for crosswalks to the scoping section for pedestrian access 
routes to reinforce that crosswalks have a pedestrian access

[[Page 53618]]

route within them and are part of the continuous network of accessible 
pedestrian facilities required through public rights-of-way. In 
addition, the Board has substituted the MUTCD-defined term 
``crosswalk,'' with minor revisions to the MUTCD definition, for the 
term ``pedestrian street crossing'' that was used in the proposed rule 
(NPRM R204.3). In doing so the Board clarifies that there is no 
distinction between the places the Access Board expects pedestrian 
crossings to occur and the industry understanding of the places where 
crosswalks are located. The main impact of the use of the MUTCD-defined 
term ``crosswalk'' in place of ``pedestrian street crossing'' is to 
further clarify the places where curb ramps are required. This is 
detailed below in the discussion of R203.6.
Pedestrian At-Grade Rail Crossings (R203.5)
    The Board has added scoping for pedestrian at-grade rail crossings 
to clarify that wherever pedestrian at-grade rail crossings are 
provided they contain a pedestrian access route. The technical 
requirements are referenced.
Curb Ramps and Blended Transitions (R203.6)
    The 2011 NPRM specified that a curb ramp (or blended transition) 
must be provided for each pedestrian crossing (NPRM R207.1). The 
proposed rule indicated that a diagonal curb ramp would continue to be 
permitted in an alteration scenario where physical constraints 
prevented the installation of a curb ramp for each crossing (NPRM 
R207.2). In response to these proposed provisions, a few state and 
local government commenters requested flexibility to install a single 
curb ramp based on engineering judgement, while others either agreed 
with the changes or requested that the Board more clearly state the 
requirements. Two local government commenters lamented the costs of 
having installed non-compliant curb ramps over a number of years. Other 
individuals and disability rights advocacy organizations agreed with 
limiting the use of diagonal curb ramps.
    The final rule maintains the requirement that one curb ramp or 
blended transition be provided for each crosswalk at an intersection 
corner, and alternatively allows a blended transition to span all 
crosswalks at an intersection corner. Use of a single curb ramp at the 
apex of an intersection corner is permitted in alterations where 
existing physical constraints make compliance technically infeasible. 
Diagonal curb ramps often route users into the roadway, not within a 
crosswalk. To provide equity to persons with disabilities in the public 
right-of-way, PROWAG must ensure that a person in a wheelchair who 
requires a curb ramp to cross a street is afforded the same opportunity 
to stay within the safety of a crosswalk as a person who is able to 
step off the curb directly into a crosswalk. Thus, unless there are 
existing physical constraints that prohibit the provision of a curb 
ramp for each crosswalk, one curb ramp per crossing that is contained 
within the crosswalk must be provided.
    The Board notes that since 2011, numerous state and local 
jurisdictions have adopted a requirement for one curb ramp per 
crosswalk at an intersection corner, and the Board is not aware of 
widespread engineering concerns that have resulted from this shift in 
local policies. See FRIA at 99. In addition, the Board notes that when 
requesting flexibility for new construction, jurisdictions were 
characterizing newly installed curb ramps in existing rights-of-way as 
new construction. Such installations are considered alterations under 
the final rule, and the flexibility for a single curb ramp would be 
permitted if physical constraints make compliance technically 
infeasible. The Board does not anticipate that insurmountable 
engineering issues would prevent full compliance in new construction, 
which as described above, would be construction on undeveloped land.
    In response to numerous technical assistance inquiries received by 
the Board since the NPRM was published seeking clarification on the 
places where curb ramps must be installed, the Board has added detailed 
scoping for the required placement of curb ramps. The NPRM stated that 
curb ramps or blended transitions are required at each pedestrian 
street crossing. This substantive requirement has not changed, but the 
Board has provided further clarification regarding what it meant by 
``pedestrian street crossing'' to explain where curb ramps are 
required. As described above, the Board replaced the term ``pedestrian 
street crossing'' with the MUTCD-defined term ``crosswalk.''
    The MUTCD definition of crosswalk, which appears in R104.5, 
indicates that a crosswalk is present wherever there is a pedestrian 
circulation path on one side of a street that approaches the roadway at 
an angle such that the path would cross the street if the lateral lines 
of the path were continued (regardless of whether it is marked or 
unmarked), or where pavement markings indicate a crosswalk. R203.6.1.1 
and R203.6.2 clarify that a curb ramp or blended transition must be 
provided at each end of a crosswalk at an intersection corner, a 
midblock crossing, and a roundabout crossing. These provisions further 
clarify that where crossing is prohibited at an intersection or not 
intended midblock or at a roundabout, jurisdictions must take care to 
ensure that there is no crosswalk, no curb ramp, and the pedestrian 
circulation path is separated from the roadway. Information on how to 
ensure that no crosswalk is present has been added to these provisions 
for clarity. This information was previously stated in an advisory that 
accompanied the NPRM rule text (NPRM Advisory 206).
    Equity in the public right-of-way requires that persons with 
disabilities have equal access to crosswalks and information about 
whether a crosswalk is present. Where pedestrian crossing is permitted, 
curb ramps must be provided so that persons who use wheelchairs can 
access them. Where pedestrian crossing is prohibited at an intersection 
or is not intended midblock or at a roundabout, cane-detectable 
features must indicate to persons who are blind that this a not a place 
to cross. Several state DOTs commented on the NPRM advisory, expressing 
concern that the addition of detectable treatments would be costly, 
unnecessary, or obstruct sightlines for motorists. The Board has 
included an assessment of the costs in its Final Regulatory Impact 
Analysis and notes that jurisdictions have options for ensuring that 
they do not create a crosswalk where crossing is prohibited or not 
intended. This includes options, such as grass strips and landscaping, 
that can be used where a jurisdiction is concerned that a sign or 
barrier might obstruct motorists' sightlines.
    The Board is aware of concerns expressed by individuals seeking 
technical assistance implementing the proposed rule that a curb ramp is 
required on each side of a crosswalk, even in scenarios where there is 
a pedestrian circulation path only on one side. The purpose of this 
requirement is to ensure that a person in a wheelchair who has entered 
a crosswalk on one side is able to safely exit the roadway on the other 
side as a person who does not use a wheelchair would do by stepping 
onto the curb. Jurisdictions that do not wish to provide a curb ramp on 
the side of the street where no pedestrian circulation path is present 
must ensure that there is no crosswalk, as defined in R104.3. Thus, the 
jurisdiction must provide a separation between the pedestrian 
circulation path and the roadway to indicate to pedestrians that 
crossing is prohibited. Where no

[[Page 53619]]

crosswalk is present and a separation treatment exists, curb ramps are 
not required. USDOT and DOJ may provide additional information 
regarding the acceptable characteristics of a separation treatment used 
to indicate the absence of a crosswalk.
    The Board has added scoping provisions at R203.6.1 clarifying that 
curb ramps or blended transitions may be required to connect on-street 
parking spaces, on-street parking space access aisles, and passenger 
loading zones to pedestrian access routes if needed to accomplish the 
required connection.
    At R203.6.2, the Board has clarified that when alterations are made 
to crosswalks, curb ramps or blended transitions must be provided on 
both ends of the crosswalk where the pedestrian access route crosses a 
curb. This provision provides consistency with DOJ's and USDOT's joint 
technical assistance document on the requirements to provide curb ramps 
when streets, roads, or highways are altered through resurfacing. See 
Department of Justice/Department of Transportation Joint Technical 
Assistance on Title II of the Americans with Disabilities Act 
Requirements to Provide Curb Ramps when Streets, Roads, or Highways are 
Altered through Resurfaces, available at https://www.fhwa.dot.gov/civilrights/programs/ada/doj_fhwa_ta.cfm; see also Q & A Supplement to 
the 2013 DOJ/DOT Joint Technical Assistance on the Title II of the ADA 
Requirements To Provide Curb Ramps when Streets, Roads, or Highways are 
Altered through Resurfacing, available at https://ada.gov/doj-fhwa-ta-supplement-2015.html. By adding this requirement to PROWAG, the Board 
seeks to minimize confusion as to the legal obligations of 
jurisdictions to provide curb ramps.
Pedestrian Overpasses and Underpasses (R203.7)
    In R203.7, the Board has clarified that pedestrian overpasses and 
underpasses include overpasses and underpasses on shared use paths. In 
addition, the Board has eliminated platform lifts as an option to 
achieve accessibility of these structures in new construction. A state 
disability council opined in its comments that limited use/limited 
application elevators and platform lifts do not provide equal access 
because of limited functionality. Platform lifts are more difficult for 
users with disabilities to independently operate and are more likely to 
breakdown in outdoor environments than elevators and limited use/
limited application elevators. The Board is aware of many instances of 
maintenance issues and mechanical failures with respect to platform 
lifts and has thus revised the rule text to allow these devices only in 
alterations when installation of an elevator or limited use/limited 
application elevator is not technically feasible. Jurisdictions that 
install platform lifts should be aware of their maintenance obligations 
to ensure platform lifts remain operable at all times that the 
pedestrian facility is open for pedestrian use.
Ramps (R203.8); Elevators and Limited Use/Limited Application Elevators 
(R203.9); Platform Lifts (R203.10)
    At R203.8 through R203.10, the Board added scoping provisions for 
ramps, elevators and limited use/limited application elevators, and 
platform lifts so that it is clear that wherever these facilities are 
present in the public right-of-way, they must comply with accessibility 
requirements.
Doors, Doorways, and Gates (R203.11)
    In the final rule, the Board has revised the scoping for doors, 
doorways, and gates to require that all doors, doorways and gates that 
are part of a pedestrian access route must comply with the specified 
technical accessibility requirements. This is a change from the 
proposed rule, which required all doors, doorways, and gates of any 
pedestrian facility to comply with requirements (NPRM R218), and a 
change from the SNPRM which exempted doors, doorways, and gates on 
shared use paths from compliance (SNPRM R218). In the preamble to the 
SNPRM, the Board indicated that the exemption for shared use paths was 
provided to avoid a perceived conflict with AASHTO guidance. 78 FR 
10110, 10113 (Feb. 13, 2013). AASHTO discourages the use of physical 
barriers on shared use paths. See AASHTO, Guide for the Development of 
Bicycle Facilities at 5-46.
    In response to the SNPRM, several disability rights advocacy 
organizations commented that doors, doorways, and gates on shared use 
paths should not be excepted, and two state DOTs requested clarity 
regarding applicable technical standards for these facilities. The 
Board concurred with commenters that pedestrian gates on shared use 
paths should not be excepted from accessibility requirements. Persons 
with disabilities must be able to access shared use paths through gates 
if they are provided. The Board has thus reinstated the technical 
requirements for doors, doorways, and gates in the final rule. Further, 
consistent with AASHTO guidance, which recommends the use of bollards 
if physical barriers are needed to restrict motor vehicle entry, the 
final rule permits the use of bollards on shared use paths (R302.2).
R204 Alternate Pedestrian Access Routes, Transit Stops, and Passenger 
Loading Zones
Alternate Pedestrian Access Route (R204.1)
    The proposed scoping for alternate pedestrian access routes stated 
that an alternate pedestrian access route is required when a pedestrian 
circulation path is closed due to construction, alterations, 
maintenance operations, or other similar conditions (NPRM R205). In the 
final rule, the Board has maintained similar scoping; however, it has 
removed the term ``alterations'' from the list of conditions to avoid 
confusion as ``construction'' accurately covers the intended scenario. 
In addition, the Board has edited the text to indicate that the 
requirement to provide an alternate pedestrian access route is 
triggered by a pedestrian circulation path being made inaccessible due 
to the described conditions, rather than being completely closed, since 
a pedestrian circulation path can be unusable for persons with 
disabilities without being completely closed to all users. The Board 
has added ``closure'' to the list of conditions triggering the 
requirement for an alternate pedestrian access route to clarify that 
where a pedestrian circulation path is completely closed for any 
reason, an alternate pedestrian access route must be provided.
    In the proposed rule, the scoping provision for alternate 
pedestrian access routes pointed to provisions of the MUTCD that were 
incorporated by reference. The final rule instead points to the 
relevant technical provisions of chapters 3 and 4, as the MUTCD 
provisions are no longer incorporated by reference.
    In response to the proposed rule, state and local government 
commenters raised concerns regarding scenarios where the alternate 
route would need to deviate substantially from the original pedestrian 
circulation path. For example, one state DOT indicated that freeway 
widening projects may necessitate the complete closure of a bridge, 
including the pedestrian facilities, making an alternate pedestrian 
access route infeasible or impossible to provide.
    In response to these concerns, in the final rule the Board has 
added an exception allowing an ``alternate means of providing access'' 
for pedestrians with disabilities where establishing an alternate 
pedestrian access route is technically infeasible. An ``alternate

[[Page 53620]]

means of providing access'' does not mean an alternate pedestrian 
access route that falls short of the technical requirements stated at 
R303. Rather, this exception is intended to allow for completely 
different means of access in scenarios such as a bridge closure, where 
establishing an alternate pedestrian access route is not technically 
feasible. For example, in the case of a bridge closure, an alternate 
means of providing access might be the provision of accessible shuttle 
bus service. DOJ and USDOT may provide additional information regarding 
acceptable alternate means of providing access and the circumstances 
under which this exception may be used.
    The Access Board received numerous public comments supporting a 
requirement for the provision of alternate pedestrian access routes, 
including approximately 150 individual commenters and several 
disability rights and pedestrian advocacy organizations. Several local 
government commenters and one state DOT requested flexibility to 
provide alternate accessible routes only when deemed practicable. In 
addition, two state DOTs, two local government commenters, and two 
industry organizations expressed concern regarding the cost of 
providing alternate routes.
    The Board acknowledges that there are costs involved in providing 
alternate pedestrian access routes and has assessed those costs in the 
FRIA. See FRIA at 126. However, equity in our public rights-of-way 
cannot be achieved without the provision of temporary accessible 
facilities where permanent accessible facilities are temporarily 
unavailable. A person without a disability may readily assess safety 
and traffic conditions and navigate around a closed pedestrian 
circulation path if an alternate facility is not provided. However, a 
pedestrian with a disability may not be able to see alternatives, 
assess traffic to step into a roadway, or have the ability to step on 
and off of the curb for a few feet around a closure. The Board thus 
maintains the requirement for the provision of alternate pedestrian 
access routes where pedestrian circulation paths are made inaccessible 
due to construction, maintenance operations, closure, or similar 
conditions. The technical requirements, now stated in R303, seek to 
provide minimum accessibility for alternate routes while minimizing the 
costs for regulated entities. The technical requirements are detailed 
in the discussion of section R303, below.
Alternate Transit Stops (R204.2)
    In the final rule, the Board has added a provision requiring that 
where accessible transit stops are not accessible due to construction, 
maintenance operations, or other similar conditions, an alternate 
transit stop be provided. MUTCD section 6D.01, which the Board proposed 
to incorporate by reference indicates that to accommodate the needs of 
individuals with disabilities, transit stops should be maintained in 
temporary traffic control zones (6D.01 paragraph 11). If the 
accessibility of a transit stop cannot be maintained, an alternate 
accessible transit stop must be provided.
Alternate Passenger Loading Zones (R204.3)
    The Board has added a provision in the scoping of the final rule to 
emphasize that where a temporary passenger loading zone is provided, it 
must be accessible per the relevant technical provisions. This 
requirement is already covered by the general scoping provision R201.2, 
which indicates that the requirements in the guidelines apply to 
temporary pedestrian facilities. However, the Board added this 
provision to emphasize that alternate passenger loading zones provided 
in the public right-of-way during construction or maintenance 
operations must be accessible.
R205 Detectable Warning Surfaces
    Detectable warning surfaces are standardized surfaces built in or 
applied to certain pedestrian walking surfaces to warn pedestrians who 
are blind or have low vision of a hazard. A distinct cane-detectable 
pattern of truncated domes provides a tactile cue of transitions to 
vehicular routes and of open drop-offs at transit platforms. The 
proposed rule required detectable warning surfaces at curb ramps or 
blended transitions, which remove tactile cues otherwise provided by 
curb faces; at cut-through pedestrian refuge islands to indicate their 
presence within a crosswalk; at at-grade rail crossings not located in 
a street or highway; along drop-offs at the boundary of passenger 
boarding platforms, which are above standard curb height; and along 
boarding sidewalk and street-level rail boarding and alighting areas 
not protected by screens or guards.
    In the final rule, the Board is also requiring detectable warning 
surfaces on pedestrian circulation paths at driveways with stop or 
yield control to alert pedestrians who are blind or have low vision 
that they are walking into an active vehicular way. The Board indicated 
in an advisory that accompanied the proposed rule text that detectable 
warning surfaces should be provided at commercial driveways with stop 
or yield control (NPRM Advisory R208.1). Several commenters, including 
state and local governments, requested clarification on the provision 
of detectable warning surfaces at commercial driveways. In the final 
rule, the Board clarifies that detectable warning surfaces are required 
at driveways where stop or yield control is provided. In the final 
rule, the Board declines to limit the covered driveways to 
``commercial'' driveways to ensure that pedestrian circulation paths at 
driveways to multifamily housing facilities that have stop or yield 
control also have detectable warning surfaces.
    Some state and local government commenters encouraged the Board to 
move the requirement for detectable warning surfaces at commercial 
driveways from the advisory to the rule text. Two state DOT commenters 
questioned whether stop or yield control was the appropriate threshold 
for application of the requirement. The Board has concluded that where 
there is sufficient vehicular traffic to provide stop or yield control 
(i.e., stop or yield signage) or traffic signals, there is a sufficient 
hazard to pedestrians who are blind or have low vision such that a 
detectable warning surface is warranted to advise individuals that they 
are entering an active vehicular way. Two state DOTs objected to 
implementing detectable warning surfaces at commercial driveways 
because they would be provided at sidewalk as opposed to street level. 
In response to these concerns, the Board notes that detectable warning 
surfaces are consistently used to provide tactile notification of a 
vehicular way where a curb is not present. This could be at street 
level, in the case of curb ramps, or at sidewalk level in the case of 
driveways.
    Several commenters questioned whether the Board intended to require 
detectable warning surfaces at street or sidewalk level bus stops. In 
R104.3, the Board added a definition of ``boarding platform'' to 
clarify that detectable warning surfaces are only required where the 
bus boarding and alighting area is on a platform raised above standard 
curb height.
    The proposed rule indicated that detectable warning surfaces are 
neither required nor desirable at cut-through pedestrian refuge islands 
that are less than 6 feet in length in the direction of pedestrian 
travel (NPRM R208.2 and NPRM Advisory R208.2). In the final

[[Page 53621]]

rule, the Board has clarified this substantive requirement by defining 
the term ``pedestrian refuge island'' at R104.3. The definition 
clarifies that only islands that are at least 72 inches in length in 
direction of pedestrian travel are considered suitable for pedestrian 
refuge. Islands that are at least 72 inches in length allow for a 24-
inch detectable warning surface at each edge and at least 24 inches 
between the surfaces to provide detectable separation of the surfaces 
and to have sufficient space to wait. A cut-through island that is 
shorter than 72 inches is not suitable for pedestrian refuge, and there 
is thus no need to distinguish the cut-through from the rest of the 
crosswalk; the timing provided for pedestrian crossing must allow for 
the pedestrian to cross the entire traveled way as required by R306.2.
    In the final rule, the Board has restructured for clarity the 
scoping section for detectable warning surfaces at R205 to provide a 
separate provision for each place that detectable warning surfaces are 
required. Each provision indicates that technical requirements relevant 
to that placement.
R206 Pedestrian Signal Heads and Pedestrian Activated Warning Devices
    Where pedestrian signal heads and pedestrian activated warning 
devices are provided at crosswalks, they must be accompanied by audible 
information devices that make those visual signals accessible to 
persons who are blind or have low vision. In the proposed rule, the 
Board incorporated by reference sections of the MUTCD in lieu of 
providing technical requirements for these devices.
    As proposed by incorporation by reference of MUTCD section 4E.09 
paragraph 7 (NPRM R209.1), the final rule requires that the accessible 
features of pedestrian signal heads and pedestrian activated warning 
devices must be available at all times.
    Commenters expressed confusion regarding the expectations for 
implementation of the incorporated sections of the MUTCD. In response 
to these concerns, in the final rule the Board has stated the technical 
requirements for accessible pedestrian signal heads and accessible 
pedestrian activated warning devices directly in the rule text. The 
scoping section for these devices has been modified to provide detailed 
references to the new technical sections.
    Numerous state and local government commenters objected to a 
universal requirement for accessible pedestrian signals in new 
construction wherever pedestrian signal heads are provided. As 
described above in the Major Issues section, after careful 
consideration of these comments, the Board has retained the requirement 
for accessible features for all new and altered pedestrian signal heads 
and pedestrian activated warning devices.
    In the proposed rule, the Board specified that altering the signal 
controller and software, or replacing the signal head, would constitute 
an alteration requiring compliance with the technical requirements for 
accessible pedestrian signals and push buttons. As described above in 
the Major Issues section, in the final rule the Board has removed the 
provision specifying the types of alterations that would trigger 
implementation of the technical accessibility requirements for 
pedestrian signal heads and pedestrian activated warning devices. USDOT 
and DOJ may provide additional guidance on these issues.
    Finally, in the final rule the Board has updated the terminology 
used in the heading of this section for consistency with the 
terminology used by MUTCD and USDOT, and to better described the 
devices that must be made accessible.
R207 Protruding Objects and Vertical Clearance
    Limitations on the extent to which objects may protrude 
horizontally into a pedestrian circulation path, as well as vertical 
clearance requirements above a pedestrian circulation path, apply to 
the full width of pedestrian circulation paths. The specific technical 
requirements for protruding objects and vertical clearances appear in 
section R402 of the final rule.
    In the public right-of-way context, a ``protruding object'' is 
anything that extends into the three-dimensional space above a 
pedestrian circulation path, or an object contained wholly within it. 
Examples include, but are not limited to, streetlights, utility poles 
and equipment cabinets, signposts 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. Technical requirements for protruding 
objects are designed to ensure that objects located within pedestrian 
circulation paths are cane-detectable, so they do not present hazards 
for people who are blind or have low vision.
    Regulated entities will need to comply with the requirements for 
protruding objects when installing or permitting the installation of 
utilities, trees, awnings, street furniture, and other objects on or 
adjacent to pedestrian circulation paths. The American Association of 
State Highway and Transportation Officials (AASHTO) recommends that 
trees and shrubs be pruned to maintain usability of walkways, and that 
permitted uses of public rights-of-way, such as sidewalk cafes, be 
monitored to ensure that they do not encroach upon the pedestrian 
access route. See AASHTO, Guide for the Planning, Design, and Operation 
of Pedestrian Facilities 4-3 (2021). State and local governments will 
be responsible for enforcing compliance with maintenance agreements to 
prevent tree branches or other objects from impermissibly protruding 
into a pedestrian circulation path where the jurisdiction does not 
provide the maintenance directly.
    The scoping provision for protruding objects included in the SNPRM 
modified the proposed scoping provision text indicating that protruding 
objects must not reduce the clear width required for pedestrian access 
routes (NPRM 210). In the SNPRM, the Board added an 8-foot vertical 
clearance requirement for shared use paths (SNPRM 210.3). In the final 
rule, the Board has moved both vertical clearance and clear width 
requirements to the technical section on protruding objects and 
vertical clearance at R402.4 and R402.5. Comments received regarding 
those provisions are addressed in the discussion of R402.4 and R402.5 
below. The Board has renamed the section to ``Protruding Objects and 
Vertical Clearance'' for clarity.
    In response to the NPRM, a local government and an engineer 
commented that the requirements for protruding objects should apply 
only to the pedestrian access route portion of the pedestrian 
circulation path. A local government entity commented that an exception 
should be provided applying protruding objects requirements to only 36 
inches of the pedestrian circulation path in constrained conditions. 
While a person using a wheelchair can visually assess a sidewalk to 
determine which portion has less cross slope or fewer changes in level, 
a blind pedestrian or a person with low vision is not going to know 
which portion of the pedestrian circulation path has been designated as 
a pedestrian access route. Thus, objects that protrude into any portion 
of the pedestrian circulation path could create a hazard if not cane-
detectable. The Board thus maintains the requirement that the entire 
pedestrian circulation path comply with the technical requirements for 
protruding objects.
    The Board acknowledges that the advisory included with the proposed 
rule created confusion for commenters

[[Page 53622]]

regarding the concepts of clear width and protruding objects (NPRM 
Advisory 210). Clear width refers to the width of pedestrian access 
route walking surface that is required to be completely clear of any 
objects. This means that within the width of the pedestrian access 
route, there can be no street furniture, utility poles, or other 
objects of any kind directly on the walking surface. Clear width 
technical requirements for pedestrian access routes are specified in 
R302.2. Protruding objects refer to objects that are in the three-
dimensional area above the walking surface, but not directly touching 
the walking surface. Those objects must conform to the technical 
requirements for protruding objects at R402.
R208 Pedestrian Signs
    Signs that are intended solely for pedestrians, including transit 
signs, and all signs serving shared use paths, must comply with the 
technical requirements for visual characters at R410. Thus, signs that 
are not on shared use paths and are intended for both motorists and 
pedestrians, or bicyclists and pedestrians, are not required to comply. 
However, all signs on shared use paths are required to comply as 
pedestrians (1) should be aware of the potential movement of bicycles 
in the shared space, and (2) have a reasonable expectation that any 
sign on a shared use path is potentially providing pedestrian 
information.
    The scoping excepts two categories of pedestrian signs from 
compliance with technical requirements for visual characters at R410. 
First, transit schedules, timetables, and maps are not required to 
comply. Compliance with the technical requirements for these specific 
types of transit signs would render them too large. Other types of 
transit signs, such as signs that identify stops and routes, must 
comply with the requirements. The second category of signs that are 
exempted from compliance are signs that are mounted immediately above 
or incorporated into a push button detector unit. The requirements of 
R410 may also make these signs too large.
    In the NPRM, the Board used inartful language to convey that signs 
intended solely for pedestrians are the signs covered by this rule 
(NPRM 211.2). The Board has edited this language for clarity. Also, in 
the NPRM, the Board proposed that where audible sign systems and other 
technologies are used to provide equivalent information to information 
contained on pedestrian signs, the signs would not need to comply with 
technical requirements for visual characters (NPRM R211.1). In an 
accompanying advisory, the Board presented remote infrared signs as an 
example of an audible technology, that if used, would make it 
unnecessary for the sign to comply with technical requirements for 
visual characters (NPRM Advisory 211.1). In response to the proposed 
rule, two advocacy organizations for people who are blind or have low 
vision and a state DOT commented that the provision of audible signs 
does not negate the need for compliance with technical requirements for 
visual characters.
    The Board concurs that reliance on audible signs in lieu of 
compliance for visual characters is insufficient for persons who have 
both low vision and hearing impairments. Further, while acknowledging 
the 14 commenters who indicated support for the use of remote infrared 
signs, the Board has concluded that relying on technologies that 
require a pedestrian to have a receiver does not currently provide 
equal access to visual signs; however, in the future this may be a 
possibility with more widespread development and adoption of wayfinding 
mobile applications. Thus, in the final rule, all signs intended solely 
for pedestrians must comply with technical requirements for visual 
characters except for the two categories of signs described above.
    Requirements for accessible parking space signs have been moved to 
the technical section for on-street parking spaces (R310). The 
requirement for signage at accessible passenger loading zones has been 
eliminated in the final rule for consistency with ADAAG and to avoid 
misinterpretation of the sign as indicating exclusive use for 
passengers with disabilities, particularly where there is only one 
loading zone.
R209 Street Furniture
Drinking Fountains (R209.2)
    Each drinking fountain in the public right-of-way must comply with 
accessibility requirements at 602.1 through 602.6 of Appendix D to 36 
CFR part 1191 (ADA & ABA Accessibility Guidelines).
Public Street Toilets (R209.3)
    Each permanent public street toilet must comply with sections 603 
through 610 of Appendix D to 36 CFR part 1191 (ADA & ABA Accessibility 
Guidelines). Permanent street toilets are standalone toilet room units 
that are provided in public rights-of-way in cities throughout the 
United States. Specific examples of these permanent street toilets are 
discussed in the FRIA. FRIA at 125. Street toilets are different than, 
for example, traditional restroom facilities provided at highway rest 
stops. Those traditional bathroom facilities are in a building; 
pursuant to R201.3, they are subject to the applicable requirements of 
36 CFR part 1191 (ADA & ABA Accessibility Guidelines).
    Portable toilet units must comply with section 603 of Appendix D to 
36 CFR part 1191 (ADA & ABA Accessibility Guidelines). Where there are 
multiple portable toilet units clustered in a single location, at least 
5 percent, but no fewer than one of each type of toilet unit at each 
cluster must comply with the referenced technical requirements. In this 
context, ``type'' references those units differentiated by gender.
    The Board has revised the scoping of the public street toilet 
section for clarity, including revising the heading, which reads 
``Public Toilet Facilities,'' to avoid the confusion between public 
street toilets and traditional toilet facilities that was reflected in 
the public comments. The Board has also corrected the references to 36 
CFR part 1191 (ADA & ABA Accessibility Guidelines) and provided 
separate provisions for permanent street toilets and portable toilet 
units.
Tables (R209.4)
    At each group of adjacent tables, at least 5 percent, but no fewer 
than one table, must comply with technical accessibility requirements 
at 902 of Appendix D to 36 CFR part 1191 (ADA & ABA Accessibility 
Guidelines). The proposed rule had stated the requirements relative to 
each ``location'' where tables were provided, and a state government 
commenter indicated that this language was unclear. The Board has thus 
revised the text of this provision to clarify that the requirement 
applies to each group of adjacent tables, as opposed to all tables in a 
larger area that might be considered a ``location.''
Sales or Service Counters (R209.5)
    Each sales or service counter in the public right-of-way must 
comply with section 904.4 of Appendix D to 36 CFR part 1191 (ADA & ABA 
Accessibility Guidelines). In the final rule, the Board has added 
exceptions (one applicable to facilities subject to the ADA and a 
second applicable to facilities subject to the ABA) to this scoping for 
sales and service counters that are located in a building that is not 
itself in the public right-of-way, but that directly serves the public 
right-of-way, such as a walk-up service window on a sidewalk. The Board 
added these exceptions to eliminate confusion for sales and service 
counters that are part of a building and thus subject to 36 CFR part

[[Page 53623]]

1191, but directly serve the public right-of-way. In buildings, at 
least one of each type of sales or service counter must comply with 
technical requirements. In the public right-of-way, each sales or 
service counter must comply.
Benches (R209.6)
    In the proposed rule, the Board provided a single scoping provision 
for all benches in the public right-of-way except for those at tables 
(which are covered under the technical requirements for tables) (NPRM 
R212.6). This included benches along pedestrian circulation paths and 
those at transit stops and shelters. Commenters indicated that the 
requirement that clear space not overlap the area within 1.5 feet of 
the front of the bench was confusing. The Board concluded that while 
the requirement is appropriate for transit shelters, it should be 
revised for other contexts.
    In the final rule, the Board has clarified that for benches at 
transit stops (R209.6.1) and benches not at transit stops or shelters 
(R209.6.2) the clear space complying with R404 must be next to either 
end of the bench, or if the bench does not have an ``end,'' such as a 
circular bench, the clear space must be either integral to the bench or 
located no more than 18 inches (455 mm) from the front of the bench. 
Where the clear space is integral to the bench, there will be a break 
in the bench where the clear space is located. These requirements 
ensure that a pedestrian using a wheelchair may sit in proximity to a 
companion seated on the bench. The Board has restructured the provision 
for clarity.
    In the final rule, the Board has maintained the requirement that 
the clear space not overlap the area within 18 inches (455 mm) for 
benches provided within transit shelters. See R209.6.1; R309.2.2. In a 
transit shelter, the primary goal is to provide shelter to as many 
individuals as possible within the limited space. Thus, the clear space 
may be situated at the end of a bench or at least 18 inches from the 
front edge of the seat, ensuring that the bench may be fully occupied 
while the clear space is in use.
    Four commenters requested that the Board provide technical criteria 
for benches. The Board concurs with commenters that benches in the 
public right-of-way should have armrests and back support for maximum 
accessibility. As stated in the advisory that accompanied the proposed 
rule, benches that provide full back support and armrests to assist in 
sitting and standing are more useable by pedestrians with disabilities. 
However, as the Board did not propose specific technical requirements, 
such as specifications for armrest loads and dimensions and back 
height, the Board declines to add those now at the final rule stage.
    One company that provides jurisdictions with advertisement-funded 
bus stop benches requested that the Board exempt bus stop benches 
located on unimproved surfaces from the requirement to provide clear 
space in order to protect the company's business model. The Access 
Board declines this request. Consistent with the implementation 
approach of many accessibility regulations, new construction and 
alterations provide an opportunity for a jurisdiction to add 
accessibility to a pedestrian facility at minimal additional cost. 
PROWAG requires the provision of boarding and alighting areas at all 
newly constructed and altered transit stops. Thus, when installing 
concrete for the boarding and alighting areas required by PROWAG, a 
jurisdiction has the opportunity to install a concrete pad for a bench 
if the jurisdiction so desires. PROWAG does not require jurisdictions 
to provide benches at transit stops, but where provided, they must 
comply with accessibility requirements.
Operable Parts of Other Fixed Elements (R209.7)
    Operable parts of other fixed elements to be used by pedestrians, 
including street furniture, not specifically addressed by this rule 
must comply with technical requirements for operable parts at R403. 
This provision has been added in response to commenters' concerns about 
other types of street furniture that are not specifically addressed in 
the rule text.
    The Board notes that operable parts on parking meters and pay 
stations other than those that serve accessible parking spaces, which 
have additional technical requirements specified at 310.6, are covered 
under R209.7 and must comply with the technical requirements for 
operable parts at R403. This means that all parking meters and pay 
stations must meet clear space, reach range, and operation 
requirements; however, they do not need to comply with requirements for 
visual displays stated at R310.6 that ensure information is visible to 
a person using a manual wheelchair. Two disability rights advocacy 
organizations commented in support of clear space at all parking meters 
and pay stations. The Board observes that many individuals with 
disabilities use parking spaces other than accessible spaces; to ensure 
equity in public rights-of-way, persons with disabilities must be able 
to access parking meters and pay stations wherever they park.
R210 Transit Stops and Transit Shelters
    Where provided, transit stops and transit shelters shall comply 
with the technical requirements at R309. In response to the NPRM, a 
local government transit advisory group commented that the Board had 
failed to propose a scoping provision for vending machines at transit 
shelters. The Board concurs that this was an oversight, and has added a 
scoping provision for fare vending machines that references the 
operable parts technical requirements at R403 and the relevant 
provisions of Section 707 of 36 CFR part 1191. The Board also added a 
scoping provision for operable parts of other fixed elements at transit 
stops and shelters intended to be used by pedestrians.
R211 On-Street Parking
    Where on-street parking is provided and is metered or designated by 
signs or pavement markings, accessible parking spaces complying with 
the technical provisions at R310 must be provided. The minimum number 
of accessible on-street parking spaces required is determined according 
to Table R211 assessing the total number of spaces.
    The Board has made several revisions to this scoping section based 
on public comments. In the proposed rule, the board used the total 
number of spaces on a ``block perimeter'' to determine the number of 
accessible spaces required. Several commenters indicated that the 
meaning of block perimeter was unclear, while others noted that not all 
on-street parking is located on a block perimeter. In response to these 
concerns, the Board has defined block perimeter in R104.3 and included 
an example within the definition for clarity. In addition, the Board 
has added a provision for parking not on a block perimeter to clarify 
that those on-street parking spaces are also subject to accessibility 
requirements.
    In response to commenter concerns, the Board has excepted on-street 
spaces that are designated exclusively for commercial or law 
enforcement vehicles, or residential parking. Those excepted spaces are 
not counted for the purpose of determining the required number of 
accessible spaces. These spaces must be designated for use solely for 
the excepted purpose; spaces that are designated for commercial or law 
enforcement vehicle use or residential parking only during certain 
hours are not excepted and must be counted for the purpose of 
determining the required number of accessible spaces. Another

[[Page 53624]]

exception states that where on-street parking spaces are altered, the 
requirements of R211 shall apply only to the affected parking spaces 
until the minimum number of accessible on-street parking spaces as 
specified in Table R211 are provided. Thus, for example, alteration of 
a single on-street parking space on a block perimeter would not trigger 
the obligation to provide the total number of required accessible 
spaces on the block perimeter. Only the altered space would need to be 
made accessible if an insufficient number of accessible spaces were 
available.
    The Board notes that these minimum guidelines for the provision of 
accessible parking in public rights-of-way do not prevent regulated 
entities from providing additional accessible parking, including 
residential accessible parking. Standard-setting agencies may also 
adopt a more stringent standard.
    In response to the NPRM, a local government commenter asked whether 
on-street accessible spaces are required where there is an adjacent 
public off-street lot, and a state government DOT requested that the 
Board allow jurisdictions to combine the number of on-street and off-
street parking spaces for the purpose of designating accessible spaces. 
On-street parking spaces are covered by PROWAG and off-street parking 
in lots or garages is covered by the requirements at 36 CFR 1191. 
Accessible parking must be separately designated for on-street and off-
street locations. To ensure equity for persons with disabilities, if 
on-street parking is provided then accessible on-street parking must 
also be provided.
    Several local government commenters requested flexibility for the 
provision of accessible on-street parking where paratransit or other 
parking management programs, such as free parking, are provided for 
persons with disabilities. The Board has carefully considered these 
comments and has declined to provide exceptions for jurisdictions with 
paratransit or parking management programs. The provision of accessible 
on-street parking spaces consistent with PROWAG ensures that parking 
spaces are available that will allow persons with disabilities to park 
close to their destinations and have either a direct or nearby 
connection to a pedestrian access route or pedestrian circulation path. 
The provision of paratransit or free parking for persons with 
disabilities does not address the availability of accessible parking 
for persons with disabilities who rely on private vehicle 
transportation. Jurisdictions that allow persons with disabled parking 
placards to park in ``no parking'' or loading zone areas cannot 
guarantee that those areas will have accessible features such as 
proximity to a curb ramp or an adjacent sidewalk clear of obstructions 
such that a ramp can be deployed.
    One commenter indicated that the rule should include guidelines for 
accessible electric vehicle charging stations. The Board is undertaking 
a separate rulemaking to address the accessibility of electric vehicle 
charging stations, which may ultimately address electric vehicle 
charging stations in the public right-of-way. See ATBCB Fall 2022 
Unified Agenda, available at https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202210&RIN=3014-AA48.
R212 Passenger Loading Zones
    Where permanently designated passenger loading zones other than 
transit stops are provided, at least one accessible passenger loading 
zone complying with technical requirements must be provided in every 
continuous 100 feet (30 m) of loading zone space, or fraction thereof. 
The Board revised the text of this scoping provision to clarify that 
the passenger loading zones covered by this rule are those that are 
permanently designated for passenger loading, other than transit stops. 
This includes passenger loading zones permanently designated for ride 
share. Often, permanent passenger loading zones in the public right-of-
way are comprised of a sidewalk cut out so that vehicles can pull out 
of the traveled way to unload passengers. However, a permanently 
affixed sign designating a passenger loading zone is sufficient to 
bring the loading zone under coverage of this rule. Passenger loading 
zones that vary with the time of day or the occupancy of a particular 
retail space, such as valet stands that are provided only during 
certain hours, are not considered permanently designated and are 
therefore not subject to PROWAG.
R213 Stairs and Escalators
    Where provided on pedestrian circulation paths, stairs must comply 
with technical requirements at R408 and escalators must comply with 
section 810.9 of Appendix D to 36 CFR part 1191 (ADA & ABA 
Accessibility Guidelines). Stairs and escalators are not part of 
pedestrian access routes, but where they are provided in the public 
right-of-way, they must comply with technical requirements. Persons 
with certain disabilities will find a short set of stairs more useable 
than a long ramp, thus although these pedestrian facilities are not 
part of the pedestrian access route, it is nonetheless important that 
they conform to accessibility requirements.
    In the final rule, the Board substituted the word ``stairs'' for 
``stairways'' for consistency with the term used in the requirements of 
36 CFR part 1191 (ABA & ADA Accessibility Guidelines), and to clarify 
that a single stair is subject to the requirements of PROWAG.\11\ In 
response to technical assistance inquiries made to the Board over the 
years since the proposed rule was published, the Board has added a 
definition for ``stair'' in R104.3 to clarify that a curb is not a 
stair.
---------------------------------------------------------------------------

    \11\ Section 504 of Appendix D to 36 CFR part 1191 (ABA & ADA 
Accessibility Guidelines) is entitled ``Stairways,'' however the 
terms ``stair'' or ``stairs'' are used throughout the text of the 
requirements.
---------------------------------------------------------------------------

R214 Handrails
    Wherever handrails are installed on pedestrian circulation paths, 
including on stairs, they must comply with technical requirements at 
R409. A few commenters expressed confusion over where handrails must be 
installed. PROWAG requires handrails in two places: on ramp runs with a 
rise greater than 6 inches (150mm) (R407.8) and on stairs (R408.8). The 
Board has taken care to ensure that the distinction between ramps 
requiring handrails and other sloped surfaces not requiring handrails 
is clear in the final rule. The final rule text clarifies that a 
sidewalk or other pedestrian circulation path is not subject to the 
requirements for ramps, including the requirement for handrails, unless 
its grade exceeds the allowable specifications of R302.4 (R407.1). 
Jurisdictions may install handrails in places other than ramps and 
stairs at their own discretion. Wherever handrails are installed in the 
public right-of-way, they must conform to the technical requirements of 
R409 regardless of whether they are required by PROWAG or have been 
placed voluntarily.

D. Chapter 3: Technical Requirements

R301 General
    The technical requirements contain accessibility design criteria 
and apply as specified in the scoping provisions of Chapter 2 or where 
referenced by another technical requirement in Chapter 3 or 4. These 
technical requirements were developed specifically for pedestrian 
facilities in the public right-of-way.
R302 Pedestrian Access Routes
    The technical requirements for pedestrian access routes at R302 are 
intended to provide a continuous path throughout the pedestrian 
facilities of a

[[Page 53625]]

public right-of-way that is accessible to persons with disabilities. 
These technical requirements include clear width, passing spaces, 
grade, cross slope, and surface characteristics. The technical 
requirements as proposed in the NPRM were adapted from the technical 
requirements for accessible routes for buildings and facilities at 36 
CFR part 1191, Appx. A 206. Based on careful consideration of the many 
comments received in response to the proposed and supplemental proposed 
rules, the Board has modified several of the pedestrian access route 
technical provisions for consistency with the public right-of-way 
context and for clarity of the requirements.
    In the final rule, the Board eliminated the list of components of 
pedestrian access routes that appeared in NPRM R302.2. The Board 
concurred with a local government commenter who opined that each 
facility included in this list should have scoping in Chapter 2. The 
Board revised R203 to provide scoping for each pedestrian facility, and 
then determined that the list of facilities with associated technical 
provisions at NPRM R302.2 was duplicative of the revised section R203. 
Further, the Board concluded that the list at NPRM R302.2 added to the 
confusion regarding the concept of a pedestrian access route in the 
public right-of-way.
    As explained above in the discussion of R203, pedestrian access 
routes in the public right-of-way function differently than accessible 
routes in buildings and on sites. Accessible routes in buildings and on 
sites are required to connect accessible facilities and elements to 
other accessible facilities and elements and may consist of various 
components. 36 CFR part 1191, Appx. D 206.2, 402.2. A pedestrian access 
route in the public right-of-way runs through nearly every traversable 
surface within the pedestrian facilities; thus, unlike the requirements 
for a building, every new and altered traversable surface in the public 
right-of-way, except for stairs and facilities that have been 
specifically excepted, must comply with pedestrian access route 
requirements. As a result of elimination of the proposed R302.2, the 
sub-provisions of R302 have been renumbered.
Continuous Clear Width (R302.2)
    The requirements for clear width of pedestrian access routes have 
not changed from what the Board proposed, as modified by the SNPRM 
(SNPRM R302.3). Specifically, a 48-inch (1220 mm) continuous clear 
width is required for most portions of the pedestrian access route. 
There are two exceptions: (1) places where a pedestrian access route 
crosses medians and pedestrian refuge islands, which require 60 inches 
of clear width or the width of the crosswalk (whichever is greater), 
and (2) shared use paths where the clear width must extend the entire 
width of the path. In response to commenter questions, the Board 
revised the language of the provision to clarify that the required 
width is measured exclusive of any curb. Also, in response to comments, 
the Board has added a sentence clarifying that bollards are permitted 
on shared use paths as long as the clear width of the pedestrian access 
route is 48 inches (1220 mm) or wider (R302.2.2).
    In response to the NPRM, three state DOTs and two utility companies 
requested that the Board allow a reduction in the clear width of 
pedestrian access routes to accommodate utility poles, traffic signal 
poles, and similar obstructions. An additional 28 individual commenters 
employed by utility companies requested that the Board revise the clear 
width requirement to 36 inches. In alterations, including the addition 
of a pedestrian circulation path to an existing right-of-way, where 
existing physical constraints make compliance with the clear width 
requirements technically infeasible, compliance with these requirements 
is required to the maximum extent feasible. See R202.3. In that 
circumstance, the jurisdiction must comply with the requirement to the 
maximum extent feasible. Thus, these guidelines permit a jurisdiction 
to reduce the clear width of a pedestrian access route to account for 
existing utility infrastructure if the pedestrian circulation path 
cannot be rerouted around the utility and the utility cannot reasonably 
be relocated.
    In the context of alterations, where there are existing physical 
constraints, the width must still comply to the maximum extent 
feasible; a pedestrian circulation path narrower than 36 inches may be 
impassible by a person with a mobility device. In new construction of 
undeveloped land, by contrast, the Board expects jurisdictions to 
insist that utilities, traffic signals, and street furniture be located 
to allow for full compliance with accessibility requirements. However, 
as provided in DOJ's Title II regulations, full compliance with the 
relevant accessibility requirements is not required in the context of 
new construction where a public entity can demonstrate that it is 
structurally impracticable to meet the requirements. Full compliance is 
considered structurally impracticable only in those rare circumstances 
when the unique characteristics of terrain prevent the incorporation of 
accessibility features. 28 CFR 35.151.
    Some commenters, including two disability rights advocacy 
organizations, a pedestrian advocacy organization and a local 
government DOT, requested that the Board expand the required clear 
width to 60 or 72 inches. The Board acknowledges that its public 
rights-of-way advisory committee recommended a width of 60 inches. See 
Public Rights of Way Access Advisory Committee, Building a True 
Community: Final Report, 13 (2001) available at https://www.access-board.gov/files/advisory-committee-reports/prow-report.pdf. However, 
that recommendation included several circumstances where a reduction in 
width would be permitted. Id. The Board opted to require 48 inches 
clear width with a requirement for 60 inch passing spaces as a minimum 
accessibility requirement. Forty-eight inches allows room for a person 
using a mobility device to traverse a pedestrian circulation path.
    In response to the SNPRM, some commenters requested that the Access 
Board add a minimum width for shared use paths. Jurisdictions determine 
the width for a shared use path using criteria related to anticipated 
user volumes. AASHTO recommends that two-directional shared use paths 
should be 10 feet wide minimum. AASHTO, Guide for the Development of 
Bicycle Facilities 5-3 (4th ed. 2004). Where shared use paths are 
anticipated to serve a high percentage of pedestrians and high user 
volumes, AASHTO recommends that the paths should be 11 to 14 feet wide 
to enable a bicyclist to pass another path user travelling in the same 
direction, at the same time a path user is approaching from the 
opposite direction. Id. In certain ``very rare'' circumstances, AASHTO 
permits the width of shared use paths to be reduced to 8 feet. Id.
    The Board is concerned that stating a minimum width, such as the 
width required for a pedestrian access route, may cause confusion that 
would result in the installation of narrower shared use paths than what 
would otherwise be used. Thus, the Board has maintained the requirement 
stated in the SNPRM that technical requirements for pedestrian access 
routes are applicable to the full width of shared use paths, whatever 
the width.
    In response to a local government commenter that expressed concern 
that motorists would mistake a full-width curb ramp of a shared use 
path for a driveway, and a state DOT requested an exception for 
bollards that prohibit vehicular travel, the Board has added a

[[Page 53626]]

sentence to R302.2.2 clarifying the obstructions such as bollards are 
permitted on shared use paths as long as the clear width of the 
pedestrian access route is not reduced to less than 48 inches (1220 
mm).
    One local government commenter sought clarification regarding the 
applicable clear width for a path where bicyclists and pedestrians 
travel on separate but adjacent paths. A state's department of 
recreation asserted that for pedestrian paths with adjacent equestrian 
paths, the requirements should apply only to the pedestrian portion of 
the path. Whether a particular pedestrian facility should be considered 
a shared use path or not will be determined by the specific 
characteristics of the path. The question is whether there is a shared 
use path, or a pedestrian circulation path and an adjacent bike path or 
equestrian path.
    If there is a detectable separation between the pedestrian portion 
of the path and the bike or equestrian portion of the path, then it may 
not actually be a shared use path, but rather two distinct facilities 
in close proximity.
Passing Spaces (R302.3)
    Passing spaces must be provided at intervals of 200 feet (61 m) 
maximum where the clear width of the pedestrian access route is less 
than 60 inches (1525 mm). The passing spaces, which are 60 inches by 60 
inches, are provided to allow sufficient space for two persons in 
wheelchairs to pass each other. Pedestrian access routes and passing 
spaces may overlap. In response to the NPRM, a utility company 
expressed concern about passing spaces being added to a pedestrian 
access route near an at-grade rail crossing where typically pedestrians 
would be channelized into the crossing. Passing spaces must be added at 
intervals no greater than 200 feet, but jurisdictions have flexibility 
to place some passing spaces at shorter intervals to ensure that 
specific areas are avoided.
    A local government commenter requested clarification as to what 
length of a pedestrian circulation path would need to be altered to 
trigger the requirement for a passing space. As this is a question 
regarding how the technical requirements will be enforced, the Board 
notes that USDOT and DOJ may provide further specifics on this issue.
Grade (R302.4)
    The grade of a pedestrian access route is the running slope of the 
route in the direction of pedestrian travel. Grade is the vertical 
change in elevation over the horizontal distance covered and is 
expressed as either a ratio or, when dividing these two numbers, as a 
percent. The grade of pedestrian access routes must comply with the 
specifications corresponding to the location of the pedestrian access 
route, except for the grade of curb ramps and blended transitions, and 
ramps, which must comply with the grade specifications of their 
respective technical requirements (R304, R407).
    Where pedestrian access routes are contained within a street or 
highway right-of-way, the grade of the pedestrian access route shall 
not exceed 1:20 (5.0%). An exception permits the grade of the 
pedestrian access route to not exceed the grade established for the 
adjacent street or highway, where the grade established for that 
adjacent street or highway exceeds 1:20 (5.0%) (R302.4.1). However, 
where pedestrian access routes are contained within crosswalks, a 
maximum grade of 1:20 (5.0%) is required (R302.4.3). This is consistent 
with AASHTO guidance, which recommends that the sidewalk grade follow 
the grade of adjacent roadways, and also recommends maximum cross 
slopes for roadways. See AASHTO, A Policy on Geometric Design of 
Highways and Streets 4-7 (7th ed. 2018); see also AASHTO, Guide for the 
Development of Bicycle Facilities 5-16 (4th ed. 2012). Where pedestrian 
access routes are not contained within a street or highway right-of-
way, such as a shared use path that runs through either a separate 
right-of-way or an easement on private land, a maximum grade of 1:20 
(5.0%) is required (R302.4.2).
    In response to comments from state and local government entities, 
the Board restructured R302.4.1 (NPRM 302.5) to clarify that a 
pedestrian access route within a highway right-of-way may be graded to 
1:20 (5.0%), even where the grade of the adjacent street is less than 
1:20 (5.0%). The Board has restructured this provision to provide a 
general requirement of 1:20 (5.0%) maximum grade of the pedestrian 
access route, with an exception stating that where the grade of the 
adjacent street exceeds 1:20 (5.0%), the grade of the pedestrian access 
route shall not exceed the grade of the adjacent street. In some 
circumstances where the grade of the adjacent street is less than 1:20 
(5.0%), compliance with the general requirement could result in a 
pedestrian access route with a grade of 1:20 (5.0%) maximum being 
steeper than the grade of the adjacent street if the grade of the 
adjacent street is less than 1:20 (5.0%).
    The Board also received comments from four state DOTs indicating 
that their standard maximum for superelevation exceeds 5%. To address 
this concern, the Board has added an exception for the grade of the 
pedestrian access route within a crosswalk, which specifies that where 
roadway design requires superelevation greater than 1:20 (5.0%) at the 
location of a crosswalk, the grade of the pedestrian access route 
within the crosswalk may be the same as the superelevation (R302.4.3).
    In the SNPRM, the Board added a provision requiring compliance with 
grade requirements to the ``extent practicable'' in both new 
construction and alterations where compliance with grade requirements 
for pedestrian access routes ``not practicable'' due to existing 
terrain or infrastructure, right-of-way availability, a notable natural 
feature, or similar existing physical constraints (SNPRM R302.5.2). The 
Board explained that this provision was responsive to comments to the 
Advance Notice of Proposed Rulemaking (ANPRM) on accessibility 
guidelines for shared use paths indicating that physical constraints 
may prevent full compliance with grade requirements.
    The comments received in response to the SNPRM indicate that the 
proposed language at SNPRM R302.5.2 did not provide additional clarity 
or substantial flexibilities beyond what is already available through 
other provisions and standards. The Board received comments from some 
state DOTs and local governments detailing circumstances where the 
grade of SUPs in their jurisdictions exceed 5% principally due to 
underlying terrain. For example, one local government located in a 
mountainous area noted that only 17% of the land within its 
jurisdiction has a slope of 5% or less and indicated that its design 
guidelines allow the grade of shared use paths to exceed 5% for short 
sections where topographical constraints necessitate design 
flexibility. A state DOT observed that the language of the SNPRM 
created a ``grey area'' where jurisdictions would use engineering 
judgement in determining whether compliance with the 5% maximum grade 
was ``practicable'' due to existing terrain. An accessibility advocacy 
organization commented that accessibility standards should be applied 
``100 percent'' and only scaled back where existing site conditions 
warrant.
    Upon consideration of the comments and further reflection and 
research, the Board has concluded that the proposed provision at SNPRM 
R302.5.2 specifically allowing the grade of the pedestrian access route 
to comply with grade requirements to the ``extent

[[Page 53627]]

practicable'' \12\ where compliance is ``not practicable'' is not 
needed for the following reasons.
---------------------------------------------------------------------------

    \12\ As explained in the Major Issues section above, to improve 
clarity of the final rule text the Board has removed the word 
``practicable'' in favor of ``feasible,'' which is used in the 2004 
ABA and ADA Accessibility Guidelines.
---------------------------------------------------------------------------

    First, the Board notes that the Volpe Center, which assessed the 
costs of compliance with this provision, observed that the majority of 
shared use path miles cataloged in available documentation are built on 
abandoned or converted railroad track beds, and thus have a grade of 
less than 1:100 (1.0%) due to their railroad origins. See FRIA at 66. 
Further, the Board notes that the grade of shared use paths built 
within a highway right-of-way may match the grade of the adjacent 
street if it exceeds 1:20 (5.0%) (R302.4.1 Exception). In addition, 
AASHTO advises that the grade of a shared use path in an independent 
right-of-way should not exceed 5%. See AASHTO, Guide for the 
Development of Bicycle Facilities 5-16 (4th ed. 2012). Consequently, 
the majority of shared use paths will meet the technical requirements 
for the grade of pedestrian access routes at R302.4.
    Second, the Board notes that most shared use paths are built on 
existing rights-of-way and thus considered alterations under the final 
rule. See FRIA at 66. As explained above, ``added'' pedestrian 
facilities were required to fully comply with technical requirements as 
``new construction'' under the proposed rule; however, under the final 
rule pedestrian facilities added to existing, developed rights-of-way 
are alterations. See 104.3. Section R202.3 of the final rule allows a 
regulated entity to comply with a requirement to the maximum extent 
feasible where the requirement is technically infeasible due to 
existing physical constraints. Section R202.3 specifically lists 
underlying terrain, underground structures, adjacent developed 
facilities, drainage, and the presence of a significant natural or 
historic feature as examples of existing physical constraints that may 
prevent compliance with a requirement.
    For example, a state department of conservation and recreation 
submitted a comment in response to the SNPRM requesting that the Access 
Board allow new shared use paths to use the grade of the existing 
facility that they will be built on, such as a fire road or abandoned 
railroad that would serve as a trail bed. Under the final rule, the 
construction of shared use paths on existing facilities such as these 
are alterations, and compliance would be expected to the maximum extent 
feasible where existing physical constraints make compliance 
technically infeasible (see R202.3).
    Second, with respect to newly constructed shared use paths not 
within a highway right-of-way, the Access Board observes that DOJ 
regulations implementing accessibility requirements under Title II of 
the ADA state that full compliance with the relevant accessibility 
requirements is not required in the context of new construction where a 
public entity can demonstrate that it is structurally impracticable to 
meet the requirements. 28 CFR 35.151. While under DOJ's regulation full 
compliance is considered structurally impracticable only in those rare 
circumstances when the unique characteristics of terrain prevent the 
incorporation of accessibility features, the comments received in 
response to the SNPRM indicate that the main impediment to full 
compliance with grade requirements is the underlying terrain. DOJ and 
USDOT may elect to provide additional information regarding the unique 
characteristics of terrain that would make compliance with grade 
requirements structurally impracticable.
    In sum, the Board has eliminated SNPRM R302.5.4 from the final rule 
as unnecessary in light of other available flexibilities to address 
circumstances where the characteristics of the underlying terrain 
prevent full compliance with the technical requirements for grade.
    In the final rule, the Board has also eliminated a provision that 
provided flexibilities for instances where compliance with grade 
requirements is precluded by laws intended to preserve threatened or 
endangered species, the environment, or archeological, cultural, 
historical, or significant natural features (SNPRM R302.5.5). This 
provision was modeled after a provision in the Board's supplemental 
rulemaking under the ABA for Federal outdoor areas. 36 CFR part 1191, 
Appx. D 1019.1. Upon further consideration, the Board has concluded 
that while this exception was suitable for recreational trails in 
National Parks and other Federal lands, is not appropriate for the 
construction of transportation facilities, including shared use paths, 
which should be designed to prioritize equitable transportation for 
all, and are already subject to environmental review.
Cross Slope (R302.5)
    Cross slope is the slope perpendicular to the direction of 
pedestrian travel (see R104.3). On a sidewalk, the cross slope is 
measured perpendicular to the curb line or edge of the street or 
highway. Excessive 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. Excessive 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. 
Excessive 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.
    A maximum cross slope of 1:48 (2.1%) is specified for pedestrian 
access routes, except for pedestrian access routes contained within 
certain crosswalks. This is the same cross slope specified for 
accessible routes in buildings and facilities. 36 CFR part 1191, Appx. 
D 403.3. In exterior environments, this cross slope is adequate to 
allow water to drain off paved walking surfaces.
    The Board has added an exception to this general rule to clarify 
that the portion of a pedestrian access route within a street that 
connects an accessible parallel parking space to the nearest crosswalk 
as specified in R310.2.2 is not required to comply with cross slope 
requirements.
    In crosswalks, the slope of the roadway is taken into consideration 
because the grade or running slope of the roadway perpendicular to the 
direction of pedestrian travel will comprise the cross slope of the 
crosswalk. The NPRM specified 5 percent maximum cross slope for 
pedestrian access routes contained within pedestrian street crossings 
``without yield or stop control'' (NPRM R302.6.1). The purpose of 
allowing a steeper cross slope at these crosswalks is to avoid a jolt 
to vehicles at the change of grade where vehicles do not need to slow 
to a yield or stop at a crossing.
    In an advisory that accompanied the proposed rule text, the Board 
indicated that a pedestrian street crossing ``without yield or stop 
control'' included intersections with a traffic signal designed for the 
green phase. In response to the NPRM, several commenters indicated that 
the meaning of ``without yield or stop control'' was unclear. The Board 
concurs with these commenters, and in the final rule has provided more 
specific requirements for different types of approaches.
    In R302.5.2 of the final rule, the Board breaks down the cross 
slope for pedestrian access routes contained within a crosswalk. 
Specifically, the Board addresses crosswalks where the

[[Page 53628]]

intersection approach has a stop or yield control device such as a stop 
or yield sign or a flashing red or yellow light (R302.5.2.1); 
crosswalks at uncontrolled intersection approaches where there is no 
indication that traffic must slow or stop (R302.5.2.2); and crosswalks 
at intersection approaches with a traffic control signal or pedestrian 
hybrid beacon, which have phases where traffic need not slow to cross 
the intersection, such as when the traffic signal is green or when the 
pedestrian hybrid beacon is not activated (R302.5.2.3).
    The cross slope of the pedestrian access route within a midblock 
crosswalk or a crosswalk at a roundabout is permitted to be the same as 
the grade of the street that it crosses (R302.5.2.4). The Board added a 
reference to crossings at roundabouts to clarify that these crosswalks, 
which do not occur at traditional intersections, operate similarly to 
midblock crossings.
    In response to the NPRM, the Board received numerous comments on 
the topic of cross slope, which are addressed above in the Major Issues 
section. The Board has assessed the costs of compliance of R302.5.2 in 
the FRIA. See FRIA at 114.
Surfaces (R302.6)
    The walking surfaces of pedestrian access routes, elements, and 
spaces that are required to be accessible shall be stable, firm, and 
slip resistant (R302.6). This is the same requirement as the proposed 
rule (NPRM 302.7); in the final rule, the Board made edits for clarity.
    The NPRM contained a provision regarding vertical alignment of 
surfaces, which was intended to communicate that adjacent surfaces, 
such as pavers, portions of sidewalk, or other pedestrian facilities 
and elements within the pedestrian access route, be on the same plane. 
The provision further required grade breaks to be flush (i.e., without 
a gap between them), and stated requirements for at-grade rail 
crossings. Commenters mostly expressed confusion regarding the purpose 
of this provision. In the final rule, the Board has removed most of 
this provision, leaving only the requirement that grade breaks be flush 
(R302.6.1). The Board determined that the proposed requirement for 
planar surfaces was not needed in light of requirements for grade 
(R302.4), cross slope (R302.5) and changes in level (R302.6.2). The 
requirements for at-grade rail crossing surfaces have been consolidated 
at R302.6.4.
Changes in Level (R302.6.2)
    In the proposed rule, the Board used the term ``vertical surface 
discontinuities'' to describe what is referred to as ``changes in 
level'' in the 2004 ABA and ADA Accessibility Guidelines. See NPRM 
R302.7.2; see also 36 CFR part 1191, Appx. A 303. In response to the 
NPRM, commenters suggested that this section be revised for better 
consistency with the 2004 ABA and ADA Accessibility Guidelines. The 
Board concurred with this suggestion and has updated the language at 
R302.6.2 to address ``changes in level.'' The term ``surface 
discontinuities'' has been eliminated from the guidelines.
    The term ``changes in level'' as used in these guidelines refers to 
an abrupt increase or decrease in the level of the walking surface of a 
pedestrian access route, such as occurs when one sidewalk panel is 
slightly higher than an adjacent panel. It is measured relative to the 
plane of the walking surface; it does not take into consideration the 
grade of the pedestrian access route. The text of this provision has 
been revised for clarity. The requirements state that changes in level 
up to \1/4\ inch (6.4 mm) may be vertical. Changes in level between \1/
4\ inch (6.4 mm) high and \1/2\ inch (13 mm) high must be beveled.
    The Board has also included an additional clarification that 
changes in level greater than \1/2\ inch (13 mm) up to 6 inches (150 
mm) must have a slope no greater than 1:12 (8.3%), and changes in level 
greater than 6 inches (150 mm) must comply with the requirements for 
ramps at R407. The Board added these provisions in response to comments 
and due to the many technical assistance inquiries seeking 
clarification as to where in the public right-of-way pedestrian access 
routes are to be treated as ramps.
    In the public right-of-way, changes in level of 6 inches (150 mm) 
or less are not subject to the ramps technical requirements and thus do 
not require handrails, edge protection, or landings. This clarification 
addresses local government commenters' concerns about the difficulty of 
limiting changes in level to \1/2\ inch (13 mm) in the public right-of-
way due to soil movements. The Board acknowledges that sidewalk panels 
shift over time due to tree root growth, soil movement, and other 
factors. The Board anticipates that the clarified provisions will help 
jurisdictions better plan for sustained compliance through regular 
maintenance programs.
    The Board acknowledges comments from two state government 
commenters that requested a requirement that utility covers, vault 
frames, and gratings not be located on curb ramps in new construction. 
The Board does recommend that these items be located elsewhere in new 
construction; however, these items are permitted if installed 
consistent with the requirements.
Horizontal Openings (R302.6.3)
    Horizontal openings in ground surfaces, for example, holes in 
gratings or gaping cracks in pavement, must not be so large such that a 
sphere larger than \1/2\ inch in diameter may pass through. The Board 
revised the language of this provision slightly from the proposed NPRM 
302.7.3 to clarify that holes in gratings and joints are examples of 
horizontal openings, not the only horizontal openings covered by 
PROWAG.
    In general, elongated openings are permitted perpendicular to the 
dominant direction of travel. In the final rule, in response to 
comments from a state DOT and a pedestrian advocacy organization, the 
Board has clarified that elongated openings are not permitted where 
pedestrian access routes intersect as a single dominant direction of 
travel cannot be identified in that circumstance.
    The Board notes the concern raised by one commenter that one 
northern state uses 1-inch-wide horizontal openings on stairs to 
minimize snow and ice build-up, and acknowledges that newly constructed 
and altered stairs in this jurisdiction may require additional 
maintenance to clear snow and ice. However, equity requires that 
persons with disabilities in northern climates also have access to 
pedestrian facilities. A cane or crutch tip may become trapped in a 
horizontal opening wider than \1/2\ inch.
    In response to the NPRM, a local government commenter indicated 
that the horizontal openings requirements may conflict with water 
drainage in existing rights-of-way. As discussed above, alterations in 
existing rights-of-way are to comply with technical requirements to the 
maximum extent feasible where existing physical constraints make 
compliance with applicable requirements technically infeasible.
Surfaces at Pedestrian At-Grade Rail Crossings (R302.6.4)
    In the final rule, the Board has consolidated at R302.6.4 all of 
the surface requirements for pedestrian access routes at pedestrian at-
grade rail crossings. The surface alignment requirement (R302.6.4.1) 
has not changed from the proposed rule, except

[[Page 53629]]

that it was moved from the proposed vertical alignment section (NPRM 
R302.7.1), which was eliminated. Where a pedestrian access route 
crosses rails at grade, the pedestrian access route surface must be 
level and flush with the top of rail at the outer edges of the rails, 
and the surface between the rails must be aligned with the top of rail. 
This requirement keeps the surface of these crossings as consistent as 
possible except for the flangeway gap.
    Flangeway gaps are the horizontal opening immediately adjacent to 
the rails that allow passage of train wheel flanges. Flangeway gaps, 
like other horizontal openings in a walking surface, can pose a 
potential hazard to pedestrians with certain disabilities because they 
can entrap wheelchair casters, walker wheels, and crutch or cane tips.
    The requirements for flangeway gaps have been set at the narrowest 
dimension that allows a train to safely traverse a pedestrian crossing. 
There are two different dimensions for flangeway gaps: 3 inches maximum 
for crossings located on railroad track subject to Federal Railroad 
Administration (FRA) safety regulations at 49 CFR part 213, and 2 and 
\1/2\ inches maximum for all others (R302.6.4.2). In the proposed rule, 
the Board had described these two categories as ``freight rail track'' 
and ``non-freight rail track,'' but revised the description for clarity 
at the request of the FRA.
    In response to the proposed rule a public utilities commission 
requested that the Board include a specification for field side gaps 
(i.e., gaps on the outer side of the rail). An additional specification 
is not needed for field side gaps because the general requirement for 
horizontal openings (\1/2\ inch) at R302.6.3 applies. A railroads 
association commented that while a 3-inch gap is acceptable for new 
construction, flangeway gaps widen over time. The Board acknowledges 
that, similar to many accessibility requirements, maintenance to 
sustain compliance may be required.
    The same railroads association also commented that a 2 and \1/2\ 
inch gap is not sufficient for Amtrak and other commuter railroads. 
However, those railroads generally operate on track subject to FRA 
safety regulations at 49 CFR part 213, and thus would be subject to the 
3-inch maximum, not the 2 and \1/2\ inch maximum. A state DOT 
questioned whether the maximums set would cause derailments, but did 
not provide any factual basis for this concern. An association of 
transportation engineers requested an exception where specific freight 
safety issues are identified. The association did not provide further 
information regarding the specific freight safety issues that would be 
presented by the 3-inch (75 mm) maximum requirement. The Board notes 
that this maximum is applicable only at pedestrian crossings; in 
alterations, compliance is expected to the maximum extent feasible 
where existing physical constraints make compliance with applicable 
requirements technically infeasible (R202.3).
    A public utilities commission requested a requirement for flange 
filler. In the NPRM, the Board asked a question seeking information or 
research on materials and devices that fill the flangeway gap but 
received no responses. At the time that the NPRM was published, the 
Board anticipated that significant research would be undertaken on this 
topic. The Board acknowledges that flangeway gap fillers are used at 
some light rail station stops; however, there has not been sufficient 
research for the Board to conclude that a national mandatory 
requirement for flangeway gap fillers at grade-level crossings is 
appropriate. The Board intends to encourage further research on this 
topic, and may revisit a requirement for flangeway gap fillers in the 
future.
R303 Alternate Pedestrian Access Routes
    The proposed rule did not contain technical provisions for 
alternate pedestrian access routes. Rather the scoping incorporated by 
reference specific provisions of the MUTCD. In response to commenter 
concerns, and as described above, the Board has eliminated references 
to the MUTCD and included technical requirements directly in the rule 
text.
    In proposed section NPRM 205, the Board indicated that alternate 
pedestrian access routes must comply with sections 6D.01, 6D.02 and 
6G.05 of the MUTCD (2009 Edition). The proposed rule further noted that 
where provided, pedestrian barricade and channelizing devices were 
required to comply with sections 6F.63, 6F.68, and 6F.71 of the 
MUTCD.\13\
---------------------------------------------------------------------------

    \13\ The Board acknowledges that some of the MUTCD provisions 
that were incorporated by reference contained standards that are not 
relevant to accessibility and therefore beyond the scope of this 
regulation. Accordingly, the substance of those non-relevant 
provisions of the MUTCD is not included in this final rule.
---------------------------------------------------------------------------

    The guiding principle with respect to accessibility for MUTCD 
alternate pedestrian access routes is found in MUTCD 6D.02 paragraph 3, 
which states, ``When existing pedestrian facilities are disrupted, 
closed, or relocated in a [temporary traffic control] zone, the 
temporary facilities shall be detectable and include accessibility 
features consistent with the features present in the existing 
pedestrian facility.'' In section R303, the Board has specified the 
required accessibility features of alternate pedestrian access routes 
to ensure that they are detectable and contain the basic accessibility 
features of the closed route without being overly burdensome.
Signs (303.2)
    The final rule requires that jurisdictions provide signs 
identifying alternate pedestrian access routes in advance of decision 
points. The signs must comply with technical requirements for 
characters at R410. In addition, proximity actuated audible signs or 
other non-visual means of conveying the information on the signs must 
be provided within the public right-of-way.
    The signs are intended to provide clarity to pedestrians as to 
where any alternate pedestrian access route is located. Placing signs 
ahead of decision points, such as at an intersection that precedes a 
closed sidewalk, reduces the need for pedestrians to retrace their 
steps or alternately attempt to cross a roadway at a place other than a 
crosswalk.
    The proposed rule referenced MUTCD 6D.01 paragraph 3, which 
requires that jurisdictions provide advance notification of sidewalk 
closures. Equity requires that whatever information is made available 
to sighted persons must also be provided in a non-visual format. 
Equitable access to information on alternate pedestrian access routes 
is contemplated in the guidance to MUTCD 6D.02, which was referenced in 
the proposed rule:
    Because printed signs and surface delineation are not usable by 
pedestrians with visual disabilities, blocked routes, alternate 
crossings, and sign and signal information should be communicated to 
pedestrians with visual disabilities by providing audible information 
devices, accessible pedestrian signals, and barriers and channelizing 
devices that are detectable to pedestrians traveling with the aid of a 
long cane or who have low vision.
    The Board also indicated in an advisory that accompanied the 
proposed rule that proximity-actuated audible signs are a preferred 
means to warn pedestrians who are blind or have low vision about 
sidewalk closures (NPRM Advisory R205).
    In response to the NPRM, the Board received comments from four 
disability rights advocacy organizations, one state

[[Page 53630]]

council on disability, and one state DOT in support of the use of 
proximity actuated audible signs. Two engineering organizations 
expressed concern that proximity actuated audible signs are not 
commonly used, would be expensive, and would likely be stolen. A rail 
transit and crossings branch of a public utility expressed concern that 
proximity actuated signs should not be required at rail crossings, 
where they might not be heard.
    As stated above, equity requires that information provided in a 
visual format to pedestrians also be provided in a non-visual format so 
that pedestrians who are blind or have low vision have equal access to 
the information. The Board has evaluated the costs of these devices in 
the FRIA. See FRIA at 128. Further, the Board is confident that 
jurisdictions will find ways to secure these devices, as they do other 
types of equipment, to reduce the risk of theft. There is no exception 
for at-grade rail crossings. While the noise of a passing train may 
momentarily compete with an audible sign, during all other times it 
would be as functional as anywhere else. It is critical that dangerous 
areas for pedestrians, such as at-grade rail crossings, offer maximum 
accessibility with respect to safety information, such as information 
relating to an alternate route.
Surface (R303.3)
    The surface of an alternate pedestrian access route must comply 
with technical accessibility requirements for surfaces at R302.6 at 
least to the extent that the closed route complied with those surface 
requirements. This is consistent with the proposed rule's reference to 
MUTCD 6D.02, which requires that temporary pedestrian facilities have 
accessibility features consistent with the closed route.
Continuous Clear Width (R303.4)
    The minimum continuous clear with of alternate pedestrian access 
routes must be 48 inches, except where an alternate pedestrian access 
route utilizes an existing pedestrian circulation path, in which case 
the width must be at least the width of the temporarily closed 
pedestrian circulation path. MUTCD 6D.02 paragraph 3, which was 
referenced in the proposed rule, requires that temporary facilities 
include accessibility features consistent with the features present in 
the existing pedestrian facility.
    With respect to the requirements for clear width of alternate 
pedestrian access routes, the Board has sought to balance the concerns 
of over 150 individual commenters and several disability rights and 
pedestrian advocacy organizations who support mandatory alternate 
pedestrian access routes usable by persons with disabilities, with the 
concerns of six state and local DOTs that would like the accessibility 
requirements for alternate routes not to exceed the existing 
accessibility of the temporarily closed route.
    The Board has provided a general requirement for a minimum clear 
width of 48 inches, which as described in the discussion of pedestrian 
access routes at R302.2 above, is the minimum width that the Board has 
determined to be accessible for persons with disabilities. This width 
is achievable where an alternate pedestrian access route is provided 
within the roadway using barricades, or where an existing sidewalk used 
for the alternate pedestrian access route is at least 48 inches (as is 
the case in most central business districts and many jurisdictions that 
have already adopted 48 inches as a minimum sidewalk width). See FRIA 
at 76. However, as the Board is aware that there are existing sidewalks 
that will need to be used as alternate pedestrian access routes that 
are not 48 inches, the Board has provided an exception indicating that 
where an existing pedestrian circulation path is used as the alternate 
pedestrian access route, the width of the alternate route must not be 
less than the width of the temporarily closed path.
Curb Ramps or Blended Transitions (R303.5)
    Where an alternate pedestrian access route crosses a curb, a curb 
ramp or blended transition complying with the requirements must be 
provided to ensure that the alternate pedestrian access route is 
useable by persons with mobility disabilities. A curb ramp or blended 
transition is required regardless of whether the temporarily closed 
pedestrian circulation path contained this accessibility feature. 
Again, the Board is seeking to balance the concerns of over 150 
individual commenters and disability rights and pedestrian advocacy 
organizations with the concerns of local and state DOTs about the 
burden of building temporary facilities. An alternate pedestrian access 
route that does not provide a curb ramp or blended transition over a 
curb would not be usable for many persons with mobility disabilities, 
and they would not have equal access to the alternate route.
Detectable Edging of Channelizing Devices (R303.6)
    Where a channelizing device is used to delineate an alternate 
pedestrian access route, continuous detectable edging complying with 
technical requirements must be provided for the length of the route. An 
exception is provided for places where pedestrians or vehicles turn or 
cross, which would necessitate a gap in the channelizing device and 
detectable edging. Where detectable edging is provided, the top of the 
topmost part of the detectable edging cannot be lower than 32 inches 
above the ground and must not be sharp or abrasive. These 
specifications allow for persons who are blind or have low vision to 
detect the edging by running their hands along the topmost part of the 
edging. The bottommost part of the edging cannot be more than 2 inches 
above the ground to allow for continuous cane detection. These 
specifications for detectable edging come from MUTCD 6F.63 paragraph 5, 
which was incorporated by reference in the proposed rule.
Pedestrian Signal Heads (R303.7)
    Temporary pedestrian signals at alternate pedestrian access routes 
are not required by these guidelines. However, when a jurisdiction 
decides to provide temporary pedestrian signal heads in the public 
right-of-way, they are subject to these guidelines, as specified at 
R201.2. The Board has reiterated this requirement at R303.7 to ensure 
that jurisdictions understand that when a temporary pedestrian signal 
head is provided at a crosswalk that is part of an alternate pedestrian 
access route, pedestrian pushbuttons or passive detection devices 
complying with the technical requirements at R307 must be provided. 
Similar to the requirements for temporary signage, equity requires that 
visual information provided on pedestrian signal heads must be 
available to persons who are blind or have low vision in a non-visual 
format.
R304 Curb Ramps and Blended Transitions
    Curb ramps provide a smooth transition where a pedestrian access 
route crosses a curb. Blended transitions provide a smooth wraparound 
connection at a corner or a flush connection where there is no curb to 
cut through. There are two types of curb ramps: perpendicular and 
parallel. Perpendicular curb ramps have running slopes that are 
perpendicular to the curb or street served. Parallel curb ramps have 
running slopes that are parallel to the curb or street served. Parallel 
curb

[[Page 53631]]

ramps provide a smooth transition to a landing at street level where a 
turn is made to enter the crosswalk. Blended transitions connect a 
pedestrian circulation path to the crosswalk with a grade not steeper 
than 1:20 (5.0%.) Examples of blended transitions are depressed corners 
or a connection from a sidewalk to a raised crosswalk. Although curb 
ramps may have slopes of 1:20 (5.0%) or less, blended transitions are 
not curb ramps with slopes 1:20 (5.0%) or less.
    In the final rule, this section has been reorganized for clarity. 
In response to commenter concerns, the Board has provided definitions 
in R104.3 for ``perpendicular curb ramp,'' ``parallel curb ramp,'' and 
``blended transitions.'' In addition, in the final rule, the Board has 
substituted the term ``landing'' for ``turning space,'' in response to 
commenters' requests for consistency with ADAAG terminology. The Board 
had used the term ``turning space'' in the NPRM to avoid confusion with 
the ``landings'' associated with ramps (R407). However, the Board 
acknowledges that ``landing'' is the commonly used term for these curb 
ramp-associated spaces, and in the final rule now uses the term 
``landing.'' It is important to note, however, that the landings 
associated with ramps (R407.6) have different technical requirements 
than the landings associated with curb ramps (R304.2.4 and R304.3.4). 
Curb ramps are not ``ramps'' for the purposes of PROWAG (see definition 
of ``ramp'' at R104.3) and are thus not subject to the requirements for 
ramps at R407.
Perpendicular Curb Ramps (R304.2)
    Numerous commenters from state and local government entities and an 
engineering association expressed confusion as to the proposed 1:20 
(5.0%) minimum for the running slope of curb ramps, pointing out that 
in many cases a curb ramp need not reach 5% depending on the grade of 
the adjacent pedestrian facilities. The Board concurred with commenters 
and in the final rule has removed the minimum running slope and stated 
only a maximum of 1:12 (8.3%) (R304.2.1). In addition, the Board has 
added an exception to clarify that where the curb ramp length must 
exceed 15 feet (4.6 m) to achieve a 1:12 (8.3%) running slope, the curb 
ramp length shall extend at least 15 feet (4.6 m) and may have a 
running slope greater than 1:12 (8.3%). A curb ramp complying with the 
exception to R304.2.1 need not exceed 15 feet in length.
    The cross slope of perpendicular curb ramp runs is specified at 
1:48 (2.1%) maximum (R304.2.2). The Board has provided an exception 
stating that for curb ramps at a crosswalk, the cross slope may be 
equal to or less than the cross slope permitted at the crosswalk. This 
exception corrects an error in the proposed rule indicating that at 
certain pedestrian street crossings, the cross slope could equal the 
highway grade (NPRM R304.5.3); this conflicted with the cross slope 
provisions for certain crosswalks.
    The requirements for grade breaks were moved out of the common 
requirements section to the perpendicular and parallel curb ramps 
sections for clarity. Grade breaks at the top and bottom of a curb ramp 
run must be perpendicular to the direction of the curb ramp run 
(R304.2.3). Grade breaks are not permitted on the surfaces of curb ramp 
runs and landings. Surface slopes that meet at grade breaks must be 
flush. There are no changes to this requirement from the proposed rule.
    For each perpendicular curb ramp, a clear area 48 inches (1220 mm) 
wide by 48 inches (1220 mm) long must be provided beyond the bottom 
grade break and within the width of the crosswalk (R304.2.4). The clear 
area must be located outside the vehicle lanes, including any bike 
lanes, that run parallel to the crosswalk. The running slope of the 
clear area cannot exceed 1:20 (5.0%) maximum, and the cross slope is as 
specified by R302.5. The purpose of the clear area is to allow 
pedestrians an area outside of the vehicle lanes to orient themselves 
to the crossing.
    In the proposed rule, this provision was entitled, ``Clear Space'' 
and appeared in the common requirements for curb ramps and blended 
transitions (NPRM R304.5.5). In the final rule it has been renamed 
``Clear Area'' to avoid confusion with the clear spaces described at 
R404 and has been moved to the section specific to perpendicular curb 
ramps for clarity. Also in the final rule, the Board has specified 
slope and cross slope of clear areas in response to commenters' request 
for clarity on these requirements. In addition, the Board has clarified 
that vehicle lanes include any bike lanes.
    Numerous state and local government entity commenters expressed 
confusion regarding the required location of the clear space, and in 
particular the requirement that the clear space be located wholly 
outside the parallel vehicle travel lane. Some commenters erroneously 
thought that an additional 48 inches of shoulder would be required to 
comply with this requirement. The confusion reflects a misunderstanding 
of how compliance is assessed. Each curb ramp is assessed separately, 
so although the clear space may be in a vehicle travel lane that is 
perpendicular to the pedestrian direction of travel, vehicle travel of 
that lane would be stopped when pedestrians enter the clear area to 
orient themselves to the crossing. The appropriate inquiry to assess 
compliance is whether the clear area is wholly outside the parallel 
vehicle travel lane when looking at the individual curb ramp.
    When a change in direction is necessary to access the top of a 
perpendicular curb ramp from a pedestrian access route, a landing 48 
inches (1220 mm) wide minimum by 48 inches (1220 mm) long minimum must 
be provided at the top of the curb ramp (R304.2.5). At shared use 
paths, the landing must be as wide as the shared use path. In response 
to numerous comments, the final rule eliminates a proposed requirement 
for a larger landing where the turning space is constrained. The cross 
slope requirements for landings, which appeared in the proposed rule at 
NPRM 304.5.3, have been consolidated into the perpendicular curb ramp 
section. Slope requirements have been added for clarity.
    Perpendicular curb ramps must have flared sides with a 1:10 (10.0%) 
maximum slope where a pedestrian circulation path crosses the side of a 
curb ramp (R304.2.6). The slope of the flared sides is measured 
parallel to the curb line. In the NPRM, the Board sought comment on 
whether a steeper side flare slope should be specified (NPRM Question 
18). While a few state and local government entities and other 
commenters expressed support for increasing the slope of flared sides, 
others, mostly disability rights advocacy organizations and individuals 
sought to retain the 1:10 (10%) maximum citing hazards to pedestrians. 
The Board carefully considered the comments and was persuaded that 
increasing the slope of flares beyond 1:10 (10.0%) would present 
accessibility issues. Thus, the Board has retained the 1:10 (10.0%) 
maximum side flare slope.
    The Board has added a new provision at R304.2.7 which clarifies 
that a transitional segment may be used in the connection of a 
perpendicular curb ramp or its landing to a pedestrian access route. A 
transitional segment is defined in R104.3 as ``[t]he portion of a 
pedestrian circulation path that connects adjacent surfaces with 
different slopes or dimensions to provide a smooth transition.'' The 
purpose of allowing a transitional segment is to address circumstances 
such as the warping in the pedestrian circulation path that will need 
to occur,

[[Page 53632]]

even in new construction, to connect a curb ramp or landing with a 
cross slope that exceeds 1:48 (2.1%) to a pedestrian access route with 
a cross slope of 1:48 (2.1%) maximum.
Parallel Curb Ramps (R304.3)
    Numerous commenters from state and local government entities and a 
public works association expressed confusion as to the proposed 1:20 
(5.0%) minimum for the running slope of curb ramps, pointing out that 
in many cases a curb ramp need not reach 5% depending on the grade of 
the adjacent pedestrian facilities. The Board concurred with commenters 
and in the final rule has removed the minimum running slope and stated 
only a maximum of 1:12 (8.3%) (R304.3.1). In addition, the Board has 
added an exception to clarify that where the curb ramp length must 
exceed 15 feet (4.6 m) to achieve a 1:12 (8.3%) running slope, the curb 
ramp run length shall extend at least 15 feet (4.6 m) and may have a 
running slope greater than 1:12 (8.3%). Curb ramps complying with the 
exception to R304.3.1 need not exceed 15 feet.
    The cross slope of parallel curb ramp runs is 1:48 (2.1%) maximum 
(R304.3.2). This provision was moved from the common requirements for 
curb ramps and blended transitions in the proposed rule (NPRM 
R304.5.3).
    The requirements for grade breaks were moved out of the common 
requirements section to the perpendicular and parallel curb ramps 
sections for clarity. Grade breaks at the top and bottom of a curb ramp 
run must be perpendicular to the direction of the curb ramp run 
(R304.3.3). Grade breaks are not permitted on the surfaces of curb ramp 
runs and landings. Surface slopes that meet at grade breaks must be 
flush. There are no changes to this requirement from the proposed rule.
    Landings that are 48 inches (1220 mm) wide minimum by 48 inches 
(1220 mm) long minimum must be provided at the bottom of parallel curb 
ramps (R304.3.4). As discussed above, in the proposed rule these 
landings were referred to as ``turning spaces'' (NPRM R304.3.1). In 
response to numerous comments, the final rule eliminates a proposed 
requirement for a larger landing where the turning space was 
constrained. The cross slope requirements for parallel curb ramp 
landings, which appeared in the proposed rule at NPRM 304.5.3, have 
been moved into the parallel curb ramp section. Slope requirements have 
been added for clarity.
Blended Transitions (R304.4)
    A blended transition is a wraparound connection at a corner, or a 
flush connection where there is no curb to cut through, other than a 
curb ramp (R104.3). A blended transition is permitted in lieu of a curb 
ramp where a pedestrian access route crosses a curb, and where there is 
a flush connection between the sidewalk or shared use path and a 
crosswalk, such as at a raised crossing. When designed properly, one 
blended transition can serve all of the crosswalks at an intersection 
corner. The running slope of blended transitions is 1:20 (5.0%) maximum 
(R304.4.1).
    The cross slope of a blended transition must be equal to or less 
than the cross slope of the crosswalk it serves (R304.4.2). The final 
rule corrects an error in the proposed rule indicating that at certain 
pedestrian street crossings, the cross slope of a blended transition 
may equal the highway grade (NPRM R304.5.3); this conflicted with the 
cross slope provisions for certain crosswalks. As explained above, the 
cross slope provision was moved from the common requirements for curb 
ramps and blended transitions in the proposed rule (NPRM R304.5.3) to 
provide greater clarity.
    In the final rule, the Board has added a provision requiring a 
bypass where a blended transition serving more than one pedestrian 
circulation path has a running slope greater than 1:48 (2.1%). This is 
provided so that a pedestrian with a disability may bypass the slope of 
blended transition that the individual does not need to use. Without a 
bypass an individual with a disability may be forced to unnecessarily 
traverse a corner at a 1:20 (5.0%) cross slope. A bypass for blended 
transitions was not included in the proposed rule; individuals 
contacting the Board for technical assistance in implementing the 
proposed guidelines brought this issue to the attention of the Board.
Common Requirements (R304.5)
    R304.5 specifies technical requirements applicable to both curb 
ramps and blended transitions.
Clear Width (R304.5.1)
    The minimum clear width of curb ramps and blended transitions not 
on shared use paths is 48 inches (1220 mm) (R304.5.1.1). The minimum 
clear width of curb ramps and blended transitions on shared use paths 
is the width of the shared use path (R304.5.1.2).
    In response to the SNPRM, the Board received comments from a few 
local government entities indicating concerns about the requirement 
that a curb ramp or blended transition on a shared use path be the same 
width as the shared use path. One local government commenter expressed 
concern that motorists would mistake a full-width curb ramp for a 
driveway. Another indicated that a full width curb ramp might be hard 
to achieve in an alteration. Another indicated that drainage, bridges, 
or utility poles might preclude full compliance.
    The Board notes that jurisdictions have options to discourage 
motorists from erroneously entering a shared use path at a curb ramp, 
including signage or properly installed bollards (see R302.2.2). The 
Board further notes that alterations subject to existing physical 
constraints that make compliance with applicable requirements 
technically infeasible must comply with the applicable requirements to 
the maximum extent feasible (R202.3); in new construction of 
undeveloped land, the placement of drainage, bridges, or utility poles 
should not be an issue. In the SNPRM, the Board indicated that the 
requirement that a curb ramp or blended transition on a shared use path 
be the same width as the shared use path was similar to section 5.3.5 
of the AASHTO Guide for the Development of Bicycle Facilities (2012). 
That provision states that the opening of a shared use path at a 
roadway should be the same width as the shared use path itself. While 
the Board considers the AASHTO approach to be best practice and 
anticipates that most jurisdictions will maintain the same width of a 
shared use path approaching a crosswalk, especially in new construction 
on undeveloped land, the language of R304.5.3 does not preclude a 
jurisdiction from tapering the width of a shared use path as it 
approaches a crosswalk. The clear width of the curb ramp must be the 
width of the shared use path at the place that the curb ramp meets the 
shared use path.
Change of Grade (R304.5.2)
    A change of grade is an abrupt difference in the grades of two 
adjacent surfaces. Change of grade is determined by adding the two 
opposing slopes together. Where a change of grade that exceeds 13.3% 
occurs between a curb ramp or blended transition and the street or 
gutter, the final rule requires a transition space, with a running 
slope of 1:48 (2.1%) maximum and a cross slope no greater than the 
cross slope of the crosswalk as specified by R302.5, between the two 
surfaces that is a minimum of 24 inches in depth in the direction of 
pedestrian travel and the full width of the curb ramp. This

[[Page 53633]]

requirement is intended to prevent a wheelchair from tipping over while 
traversing an abrupt change of grade.
    An accessible design firm commented that the change of grade should 
be limited to 11%. The Board acknowledges that its Public Rights-of-Way 
Access Advisory Committee recommended an 11% limit on change of grade 
in its 2001 report. See Public Rights-of-Way Advisory Committee, supra, 
at 18. However, the proposed change of grade has been 13% for many 
years, as described below, and the Access Board is not aware of safety 
issues resulting from this practice.
    The proposed rule addressed change of grade as ``Counter Slope'' 
(NPRM R304.5.4) and specified a 5% maximum counter slope. Commenters 
requested additional clarity with respect to this provision. This 
provision has been reworded for clarity, and also to add an option for 
a change of grade that exceeds 13.3% if a transitional space is 
provided. However, the substantive requirements have not changed; the 
13.3% maximum is a function of the 1:12 (8.3%) upper limit on curb ramp 
running slope (R304.2.1) and the 1:20 (5.0%) limit on grade of the 
pedestrian access route (R302.4), which was the permitted counter slope 
in the proposed rule.
Crosswalks (R304.5.3)
    To ensure equitable safety to pedestrians with disabilities, in the 
final rule the Board has added a separate provision clarifying that 
curb ramps and blended transitions must lead directly into crosswalks. 
Specifically, perpendicular curb ramp runs and parallel curb ramp 
landings must be contained wholly within the width of the crosswalk 
they serve. In addition, the full width of blended transitions at 
shared use paths and 48 inches (1220 mm) of blended transitions at all 
other pedestrian circulation paths must be contained wholly within the 
width of the crosswalks they serve. In the proposed rule, the Board 
specified that the clear area required at the bottom of curb ramps be 
contained wholly within the width of the crosswalk served (NPRM 
R304.5.5). In light of the confusion exhibited by commenters with 
respect to the proposed clear area provision, the Board has made 
explicit the requirement that curb ramps and blended transitions lead 
directly into crosswalks.
Surfaces (R304.5.4)
    In the final rule, the Board has added a provision clarifying that 
surfaces of curb ramps and blended transitions must comply with the 
technical requirements for surfaces of pedestrian access routes at 
R302.6; however, changes in level as described at R302.6.2 are not 
permitted.
R305 Detectable Warning Surfaces
    Detectable warning surfaces are cane detectable surfaces consisting 
of truncated domes aligned in a square or radial grid pattern. As 
indicated in R205, detectable warning surfaces are required at 
specified locations to warn pedestrians who are blind or have low 
vision that they are entering or exiting a vehicular way, or that there 
is a drop from a boarding platform into a track street.
    Two individual commenters and a manufacturer of detectable warning 
surfaces requested that the Board add wayfinding elements to the 
technical requirements for detectable warning surfaces. The Board is 
aware that there are detectable wayfinding surfaces that exist that 
provide tactile directional guidance. However, these serve a different 
purpose than the detectable warning surfaces required by ADAAG and 
PROWAG, which serve to warn pedestrians of the presence of a vehicular 
way.
    As described in the final regulatory impact analysis, detectable 
warning surfaces as described in the proposed rule have been widely 
implemented throughout the United States over the past decade. FRIA at 
13. Widespread consistent implementation of detectable warning surfaces 
coupled with the final rule's clarified requirement at R304.5.4 that 
curb ramps and blended transitions lead directly into crosswalks will 
provide additional wayfinding for pedestrians who are blind or have low 
vision. The Board will continue to monitor developments in outdoor 
wayfinding for possible future updates to PROWAG.
Dome Size and Spacing (R305.1.1 and R305.1.2)
    The truncated domes on detectable warning surfaces have a base 
diameter of 0.9 inches (23 mm) minimum and 1.4 inches (36 mm) maximum, 
a top diameter of 50 percent of the base diameter minimum and 65 
percent of the base diameter maximum, and a height of 0.2 inches (5.1 
mm) (R305.1.1). In the final rule, in consideration of technical 
assistance inquiries received by the Access Board since publication of 
the proposed rule, the Board has added a sentence clarifying that when 
detectable warning surface tiles are cut to fit, partial domes are 
permitted along the cut edges.
    With respect to spacing, truncated domes have a center-to-center 
spacing of 1.6 inches (41 mm) minimum and 2.4 inches (61 mm) maximum, 
and a base-to-base spacing of 0.65 inches (17 mm) minimum, measured 
between the most adjacent domes (R305.1.2). In the final rule, the 
Board has added an exception to clarify that when detectable warning 
surfaces are cut to fit, center-to-center spacing measured between 
domes adjacent to cut edges may exceed the spacing requirement up to 
twice the normal spacing between domes (R305.1.2 Exception 1). In 
addition, the Board has added an exception to clarify that dome spacing 
requirements do not apply at a gap in a detectable warning surface at 
an expansion joint, provided that the detectable warning surface aligns 
with both edges of the expansion joint (R305.1.2 Exception 2). This 
exception is particularly relevant to the installation of detectable 
warning surfaces on boarding platforms in the public right-of-way.
    An advocacy organization for people who are blind commented that 
the Board should restate the dome size with exact specifications to 
ensure uniformity and to avoid the potential domes that are too large 
and close together to be detected. The Board maintains a narrow range 
in the permitted dome size to account for the various materials used 
for detectable warning surfaces. Again, over the past decade the 
proposed guidelines for detectable warning surfaces have been 
implemented by numerous jurisdictions throughout the United States; the 
Board is not aware of a detectability issue for detectable warning 
surfaces made within the required specifications.
    A few other concerns were raised by commenters regarding the 
truncated dome design of detectable warning surfaces: one individual 
indicated that the truncated domes are too rough on wheelchair users; 
another individual asserted that the truncated dome design is difficult 
to keep free of snow and ice; and a regional association of engineers 
was concerned that the spacing would present a hazard to rollerbladers 
and skateboarders. The Board is aware that people who use wheelchairs 
typically prefer smooth surfaces for rollability; however, the Board 
must balance the accessibility needs of individuals with various types 
of disabilities. With respect to the concern regarding maintenance of 
detectable warning surfaces, the Board notes that over the past decade 
numerous jurisdictions that experience winter weather have been able to 
implement and appropriately maintain detectable warning surfaces. 
Further, the Board is not aware of widespread hazards to rollerbladers 
and

[[Page 53634]]

skateboarders posed by detectable warning surfaces.
Contrast (R305.1.3)
    Detectable warning surfaces must contrast visually with adjacent 
walking surfaces, either light-on-dark or dark-on-light. Four 
commenters requested a more specific measure of contrast, such as 70%. 
Ten individual commenters, three disability rights advocacy 
organizations, and a pedestrian advocacy organization requested that 
the Board require that detectable warning surfaces be ``federal 
yellow.'' The Board has carefully considered these comments and 
declines to require a specific color or contrast percentage. The Board 
appreciates the desire for measurable standards; however, the 
percentage of contrast between surfaces is difficult to measure in 
outdoor environments that will have varying lighting conditions 
throughout the day. Further, as PROWAG does not specify a color or 
building material for any pedestrian surfaces, it would be difficult to 
specify a single color that would provide appropriate contrast in all 
circumstances. For example, federal yellow may provide less contrast 
with a concrete sidewalk than a maroon or black detectable warning 
surface. The Board has concluded that contrast is appropriately 
assessed on a case-by-case basis in consideration of the building 
materials used.
Size of Detectable Warning Surface (R305.1.4)
    Detectable warning surfaces must extend 24 inches (610 mm) minimum 
in the direction of pedestrian travel. The width is specified depending 
on the type of pedestrian facility where the detectable warning surface 
is installed. This provision has been restructured for clarity. In the 
final rule, the Board has clarified that at cut-through pedestrian 
islands, the width of the detectable warning surface is the full width 
of the pedestrian circulation path; detectable warning surfaces at 
pedestrian refuge islands with curb ramps were already covered under 
the specification for the width of detectable warning surfaces at curb 
ramps and blended transitions, which is the full width of the curb ramp 
run (excluding any flared sides), blended transition, or landing.
    In response to the proposed rule, the Board received comments from 
one individual and several local government entities in California 
requesting that the Board require a minimum of 36 inches in the 
direction of pedestrian travel or clarification as to whether 36 inches 
is permitted under PROWAG. The Board is aware that state requirements 
in California specify a 36-inch depth of detectable warning surfaces at 
curb ramps. See Cal. Code Regs. tit. 24, Sec.  11B-705.1.2.2 (2022). 
Under PROWAG, detectable warning surfaces must extend a minimum of 24 
inches in the direction of pedestrian travel. No maximum is stated; 
thus 36 inches is permitted. The Board notes that the requirement for a 
minimum of 24 inches (610 mm) of detectable warning surface in the 
direction of travel is supported by research. See Public Rights-of-Way 
Access Advisory Committee, supra, at 107 (describing the Committee's 
recommendation for a 24-inch (610 mm) detectable warning surface). To 
minimize the potential discomfort to some wheelchair users who traverse 
these surfaces, the Board seeks to require only the minimum length 
needed to provide adequate detectable warning.
Location (R305.2)
    Section R305.2, called ``Placement'' in the NPRM, indicates 
specifically where a detectable warning surface is to be located at 
each of the places listed in R205 where detectable warning surfaces are 
required. In the final rule, the Board has revised the title of Section 
R305.2 to ``Location'' and the language of this section to address 
scenarios where there is no curb. The Board uses the phrase ``edge of 
pavement'' to refer to the place where the curb ramp or blended 
transition meets the street.
    In addition, the Board has added a sentence stating that if a 
concrete border is required for proper installation of a detectable 
warning surface, a concrete border not exceeding 2 inches is permitted 
on all sides of the detectable warning surface except where the 
requirements at R305.2.1, R305.2.3, and R305.2.4 specifically allow a 
setback of six inches between the detectable warning surface and the 
edge of pavement. In the proposed rule, the Board provided an advisory 
indicating that where a concrete border is required for proper 
installation of a detectable warning surface, the border should not 
exceed 2 inches (NPRM Advisory R305.2). A local government in Texas and 
an association of accessibility professionals in Texas requested that 
the Board allow a 4-inch border. A design firm indicated that the Board 
should allow 6 inches on either side of the detectable warning surface, 
and a local government requested a 2-inch tolerance for the full width 
of a curb ramp. The Board is not aware of detectable warning surfaces 
requiring a border larger than 2 inches for proper installation. The 
option for up to a 6-inch (150 mm) setback between the detectable 
warning surface and the edge of pavement is provided to minimize the 
potential for damage to detectable warning surfaces during snow removal 
operations.
    In the final rule, the substantive requirements for the location of 
detectable warning surfaces (except for the setback allowances 
described above) at perpendicular curb ramps (R305.2.1), parallel curb 
ramps (R305.2.2), blended transitions (R305.2.3), pedestrian refuge 
islands (R305.2.4), and sidewalk and street-level rail boarding and 
alighting areas (R305.2.7) are unchanged, although the Board has 
clarified some of the language. Specifically, the Board removed the 
requirement in the NPRM R305.2.1(2) that detectable warning surfaces 
are to be placed within one dome spacing of the bottom grade break. The 
final rule requires that the detectable warning surface be placed on 
the ramp run at the bottom grade break.
    With respect to pedestrian at-grade rail crossings (R305.2.5), the 
Board has added a sentence clarifying that pedestrian gates must not 
overlap detectable warning surfaces. With respect to boarding platforms 
(R305.2.6), the Board has added an exception clarifying that where a 
curb is present, such as is the case with some bus rapid transit 
platforms, the detectable warning surface may be placed at the back of 
curb.
    As described above in the discussion of R205, the final rule 
specifies that detectable warning surfaces be provided at driveways 
controlled with yield or stop control devices or traffic signals. Thus, 
the Board has added a corresponding technical provision at R305.2.8 
stating that detectable warning surfaces at driveways controlled with 
yield or stop control devices or traffic signals are to be provided on 
the pedestrian circulation path where the pedestrian circulation path 
meets the driveway.
    In response to the NPRM, the Board received various comments on the 
location of detectable warning surfaces at curb ramps. With respect to 
perpendicular curb ramps, two local government commenters requested 
clarification as to the placement of detectable warning surfaces at 
commercial driveways. For driveways where detectable warning surfaces 
are required, jurisdictions must follow any of the options for 
perpendicular curb ramps as appropriate. A level transition between the 
pedestrian access route and the driveway is treated as a blended 
transition.
    In response to comments regarding the placement of detectable 
warning surfaces on perpendicular curb ramps at

[[Page 53635]]

a corner, in R305.2.1.(B) the Board changed ``either end'' to ``both 
ends'' for clarity. The Board received a comment asserting that the 
permitted 60-inch (1525 mm) setback was too great, while another 
requested an 8-foot setback instead. The Board notes that a setback of 
5 feet is appropriate because it is still close enough to the curb to 
provide accurate notice of an imminent vehicular way and allow use of 
audible cues for crossing.
    With respect to the location of detectable warning surfaces at 
parallel curb ramps, two commenters raised concerns regarding the 
clarity of the use of the terms ``flush transition'' and ``turning 
space'' in this context. In the final rule, these terms have been 
replaced (see R305.2.2). Two state DOTs expressed concerns regarding 
the clarity of the provision describing the location of the detectable 
warning surfaces at blended transitions. The Board has revised this 
language for clarity (see R305.2.3).
    The Board also received comments regarding the location for the 
detectable warning surface at pedestrian at-grade rail crossings. Two 
state DOTs and a state public utilities commission expressed concern 
that 72 inches from the centerline of the nearest rail is too close to 
the rail to place the detectable warning. The Board notes that this 
provision provides a range that allows the detectable warning surface 
to be placed between 72 inches (1830 mm) and 15 feet (4.6 m) from the 
centerline of the nearest rail. This range applies to light rail and 
freight train crossings. Seventy-two inches (1830 mm) is appropriate 
for some light rail crossings; the Board concurs that freight crossings 
would likely be placed farther back from the rail. The Board is 
confident that jurisdictions will apply appropriate safety 
considerations for particular crossings when determining where to place 
the detectable warning surface within the required range.
    Two advocacy organizations for persons with disabilities expressed 
concern about how close the detectable warning surface would be placed 
to pedestrian gates at pedestrian at-grade rail crossings. In response, 
the Board added language clarifying that pedestrian gates must not 
overlap detectable warnings (R305.2.5).
    The Board received three comments requesting that it clarify the 
meaning of ``boarding platform,'' as used in R305.2.6 so that it is 
clear that the Board does not intend for detectable warning surfaces to 
be placed at standard sidewalk-level bus stops. In the final rule, the 
Board added a definition of ``boarding platform'' at R104.3, which 
clarifies that boarding platforms are platforms ``raised above standard 
curb height.''
R306 Crosswalks
    The technical requirements for crosswalks address the required 
pedestrian signal phase timing and accessible walk indication, as well 
as specifications for crosswalks at roundabouts and channelized turn 
lanes.
Pedestrian Signal Phase Timing (R306.2)
    Where pedestrian signal indications are provided at a crosswalk, 
the pedestrian signal phase timing is based on a pedestrian clearance 
time that is calculated using a pedestrian walking speed of 3.5 ft/s 
(1.1 m/s) or less from the location of the pedestrian push button to a 
pedestrian refuge island or the far side of the traveled way. This is 
the same walking speed proposed in the NPRM.
    Four state DOTs and ten local government entities objected to this 
provision in the NPRM, pointing out that in the MUTCD this walk speed 
appears as guidance (MUTCD 4E.06 paragraph 7) and is thus not required. 
These jurisdictions would like to use engineering judgment to determine 
the clearance time, expressing potential issues that might result from 
longer clearance times, such as an increase in air pollution from 
vehicular delays, jaywalking, and red light running. Six disability 
rights advocacy organizations requested that pedestrian clearance times 
be calculated using a slower walking speed of 3.0 ft/s to 3.25 ft/s.
    The Board has carefully considered the comments received on this 
issue. In the final rule, the Board has maintained the requirement that 
pedestrian clearance time be calculated using a walking speed of 3.5 
ft/s (1.1 m/s) or less, and further requires that the walk interval be 
7 seconds minimum.
    In addition, the final rule states that where the pedestrian 
clearance time is calculated to a pedestrian refuge island, an 
additional pedestrian push button or passive detection device must be 
provided on the pedestrian refuge island. This was a proposed 
requirement that comes directly from MUTCD section 4E.08 paragraph 13, 
which was incorporated by reference in the NPRM (NPRM R209.1).
    In using a walking speed of 3.5 ft/s (1.1 m/s), the Board seeks to 
balance the traffic management concerns of state and local 
jurisdictions while ensuring that pedestrians with disabilities are 
afforded sufficient time to traverse a crosswalk. The Board notes that 
in 2009, FHWA made a research-based decision to revise the MUTCD 
recommended walking speed for calculating pedestrian clearance 
times.\14\ The Board acknowledges that disability rights advocacy 
organizations cited an AAA Foundation study that found that pedestrians 
with mobility impairments who do not use wheelchairs had an average 
walking speed of 3.30 ft/s (1.01 m/s), but also found that a walking 
speed of 3.5 ft/s would generally accommodate a 15th percentile older 
adult.\15\ However, a more recent study found a 3.41 ft/s (1.04 m/s) 
walking speed for pedestrians with physical disabilities at 
unsignalized crosswalks.\16\ The Board concludes that the combination 
of a 7-second minimum walk interval and a pedestrian clearance time 
based on a 3.5 ft/s (1.1 m/s) walking speed will provide sufficient 
crossing time for most persons with disabilities. This requirement 
should not cause significant vehicular delays.\17\
---------------------------------------------------------------------------

    \14\ National Standards for Traffic Control Devices; the Manual 
on Uniform Traffic Control Devices for Streets and Highways; 
Revision 74 FR 66730, 66822 (Dec. 16, 2009) (codified at 23 CFR part 
655).
    \15\ AAA Foundation for Traffic Safety, Pedestrian Signal Safety 
for Older Adults, 18 (2007) available at https://aaafoundation.org/wp-content/uploads/2018/02/PedestrianSignalSafetyOlderPersonsReport.pdf.
    \16\ Albert Forde & Janice Daniel, Pedestrian Walking Speed at 
Un-signalized Midblock Crosswalk and Its Impact on Urban Street 
Segment Performance, 8 J.of Traffic and Transportation Eng., 57 
(2021) available at https://www.sciencedirect.com/science/article/pii/S209575641830415X.
    \17\ See AAA Foundation for Traffic Safety, Pedestrian Signal 
Safety for Older Adults at 19.
---------------------------------------------------------------------------

    Further, in the final rule, the Board incorporated another option 
from MUTCD section 4E.06 paragraph 8 in an exception allowing a faster 
walking speed to be used if a passive detection device is provided that 
automatically adjusts the pedestrian clearance time based on the 
pedestrian's actual clearance of the crosswalk (R306.2 Exception). 
These devices tailor the clearance to the actual presence of the 
pedestrian in the crosswalk.
    One state DOT and one local government commenter, as well as the 
National Committee on Uniform Traffic Control Devices, requested that 
the Access Board add a provision allowing a 4 ft/s walking speed where 
an extended pushbutton press allows additional time. This is an option 
under MUTCD section 4E.06 paragraph 8. The Board declines to allow 
jurisdictions to raise the walking speed to 4 ft/s where an extended 
pushbutton press is provided as pedestrians may not be aware that they 
need additional time until they are already in the crosswalk. However, 
as noted above, the Board has provided additional flexibility for

[[Page 53636]]

jurisdictions if a passive detection device is used that auto-adjusts 
to the pedestrian's actual clearance of the crosswalk. See R306.2 
Exception.
    As noted above, in the final rule text, the Board has specified a 
requirement that the walk interval be 7 seconds minimum for all 
signalized crosswalks, which is the length recommended by the MUTCD. 
Manual on Uniform Traffic Control Devices for Streets and Highways 
(MUTCD) 2009 Edition, 4E.06 paragraph 11. The MUTCD provides guidance 
indicating that walk intervals as short as 4 seconds may be used where 
pedestrian volumes and characteristics do not require a 7-second walk 
interval; however, walk intervals of less than 7 seconds do not provide 
a sufficient amount of time for many people with disabilities to leave 
the curb as they need to wait for a curb ramp to be clear and then 
navigate down the ramp.
Accessible Walk Indication (R306.3)
    An accessible walk indication complying with the technical 
requirements at R308.2 must have the same duration as the walk 
interval. However, where the pedestrian signal rests in ``walk,'' the 
accessible walk indication may be limited to the first 7 seconds of the 
walk interval. If the pedestrian signal is resting in walk and there is 
sufficient time remaining to provide an accessible walk interval before 
the beginning of the pedestrian change interval, the accessible walk 
indication may be recalled by a button press (R306.3 Exception). This 
requirement is based on MUTCD section 4E.11, which was among the 
sections of the MUTCD incorporated by reference in the proposed rule. 
In consultation with USDOT, the Board has slightly revised the second 
sentence of the exception from the MUTCD language to clarify that the 
accessible walk interval may be recalled only when there is sufficient 
time remaining for a full walk interval before the pedestrian change 
interval begins. This change ensures that an accessible walk indication 
is provided only when there is enough crossing time remaining to 
disembark the sidewalk and fully cross the street.
Roundabouts (R306.4)
    Section R306.4 specifies the edge detection and crosswalk 
treatments required at 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 (R104.3).
    Several commenters requested an explanation as to why edge 
detection treatments are needed at roundabouts but not elsewhere. Edge 
detection treatments are required at roundabouts to assist pedestrians 
who are blind or have low vision to locate the crosswalk (R306.4.1). At 
roundabouts, the orientation of the crosswalks to the circular roadway 
eliminates traditional tactile cues at crosswalks inherent to standard 
rectilinear intersections. In addition, the continuous circular traffic 
flow at these unsignalized crosswalks obscures the audible cues that 
pedestrians who are blind would otherwise use to detect a crossing and 
gaps in the traffic. Thus, edge detection treatments are needed to 
ensure that pedestrians who are blind or have low vision have the same 
opportunity to use a crosswalk at a roundabout as individuals with 
vision.
    There are two options to ensure that crosswalks at roundabouts are 
detectable. The pedestrian circulation path can be separated from the 
curb, crosswalk to crosswalk, with landscaping or another nonprepared 
surface 24 inches (610 mm) wide minimum (R306.4.1.1). Alternatively, 
where sidewalks are flush against the curb, a continuous and detectable 
vertical edge treatment must be provided along the street side of the 
sidewalk wherever pedestrian crossing is not intended (R306.4.1.2). The 
bottom of the vertical edge treatment can be no higher than 15 inches 
(380 mm) maximum above the walking surface of the pedestrian 
circulation path.
    In the proposed rule, the Board addressed continuous and detectable 
edge treatment at curb-attached sidewalks (NPRM R306.3.1). In the final 
rule, the Board has clarified that the other option is separation 
between the curb and the pedestrian circulation path by landscaping or 
nonprepared surface (R306.4.1.1).
    The Board's reference in the proposed rule (NPRM R306.3.1) to 
chains, fencing, and railings created confusion for commenters and 
others who have sought technical assistance from the Board regarding 
vertical edge detection. The Board indicated a maximum height for the 
bottom edge of these treatments but did not intend to convey that these 
are the only options for vertical edge detection that jurisdictions may 
use. Consequently, in the final rule, the Board has removed the 
reference to chains, fencing and railings. The Board will provide 
examples of vertical edge detection options in its technical assistance 
materials.
    Two state DOTs and one engineer commented that a standard or raised 
curb should be a sufficient indication that crossing is not intended. A 
standard or raised curb does not provide sufficient indication that a 
crossing is not intended. Four state DOTs expressed concern that 
vertical edge treatments would negatively impact snow removal 
operations. The Board notes that jurisdictions that have these concerns 
may opt for separation instead of a vertical edge treatment. One state 
DOT requested that cobblestone treatment be permitted for separation. 
Cobblestone surfaces are prepared surfaces that are used in existing 
facilities for pedestrian circulation. Thus, they are not useful for 
wayfinding because they are easily mistaken for a walking surface. See 
e.g., Transportation Research Board, NCHRP 3-78b: Guidelines for the 
Application of Crossing Solutions at Roundabouts and Channelized Turn 
Lanes for Pedestrians with Vision Disabilities at 3-2 (showing a blind 
pedestrian mistaking a cobblestone separation for a walking surface at 
a roundabout).
    The Board observes that while several state DOTs and local 
government commenters expressed concern regarding the implementation or 
need for detectable edge treatment at roundabouts, over 150 
individuals, five disability rights organizations, and one local 
government official commented in support of a requirement for edge 
detection at roundabouts. The Board is confident that persons with 
disabilities need edge detection for equitable use and safety of 
pedestrian facilities at roundabouts.
    Crosswalks at multi-lane segments of roundabouts and multi-lane 
channelized turn lanes require one or more of the following treatments: 
a traffic control signal with a pedestrian signal head; a pedestrian 
hybrid beacon; a pedestrian actuated rectangular rapid flashing beacon; 
or a raised crossing (R306.4.2 and R306.5). The requirement for 
crosswalk treatments at multi-lane roundabouts is discussed in the 
Major Issues section above. For the same accessibility reasons that 
these treatments are needed at roundabout crossings, they are also 
needed at multi-lane channelized turn crossings. Accordingly, the Board 
has included that requirement at R306.5.
R307 Pedestrian Pushbuttons and Passive Pedestrian Detection
    An accessible pedestrian signal is a device that communicates 
information about pedestrian signal timing in non-visual formats such 
as audible tones or speech messages, and vibrating surfaces. In the 
proposed rule, technical requirements for accessible pedestrian signals 
were incorporated by reference from the MUTCD. Specifically, the

[[Page 53637]]

proposed rule indicated that accessible pedestrian signals and 
pushbuttons would comply with MUTCD sections 4E.08 through 4E.13. A 
rehabilitation design firm and a state DOT requested that the Board 
clarify whether the MUTCD provisions were required or recommended, and 
three disability rights advocacy organizations expressed concern that 
engineering judgement would be permitted in a jurisdiction's 
implementation of the incorporated MUTCD provisions. In addition, one 
engineering association requested that the requirements be consistent 
with the MUTCD.
    The Board concurs that additional clarification as to the technical 
requirements for accessible pedestrian signals is appropriate and has 
thus added technical sections for pedestrian pushbuttons and passive 
pedestrian detection (R307) and accessible pedestrian signal walk 
indications (R308) directly to the rule text, based on the technical 
requirements of the MUTCD sections referenced in the proposed rule. The 
MUTCD sections are not incorporated by reference. The requirements are 
generally consistent with the MUTCD, as described in the provision-
specific discussions below; however, the language used in the final 
rule text clarifies that these requirements are mandatory.
    In general, accessible pedestrian signals have three features: (1) 
a method of activation, which is either a pushbutton that activates 
accessible features when pressed or a passive pedestrian detection 
device that uses technology to detect the presence of pedestrians and 
then automatically activates accessible features; (2) a device that 
provides audible indications of visual pedestrian signals for people 
who are blind or have low vision; and (3) a pushbutton with a tactile 
arrow that provides vibrotactile cues to individuals who are deaf and 
also blind or have low vision. These three features may be integrated 
into one device or presented in multiple devices that work together as 
a system. Operable parts must comply with technical requirements for 
operable parts at R403 (R307.1).
Activation (R307.2)
    Pedestrian push buttons and passive detection devices activate the 
accessible pedestrian signals and, where applicable, the walk interval. 
This provision was incorporated by reference in the proposed rule from 
MUTCD section 4E.09 paragraph 13, but referred only to pedestrian push 
buttons. In the final rule, the Board revised the language to clarify 
that push buttons or passive detection will activate the accessible 
pedestrian signals and walk interval, where applicable. In addition, 
the language of the proposed MUTCD provision suggested that pushbuttons 
were optional, which was inconsistent with the language of NPRM R209.1 
indicating that pushbuttons are required. The revised language in the 
final rule removes this inconsistency, clarifying that pedestrian push 
buttons are required.
Extended Push Button Press (R307.3)
    Where an extended push button press is used to provide additional 
features, a push button press of less than one second actuates only the 
pedestrian timing and any associated accessible walk indication, and a 
push button press of one second or more actuates the pedestrian timing, 
any associated accessible walk indication, and any additional features. 
If additional crossing time is provided by means of an extended 
pushbutton press, a sign so indicating shall be mounted adjacent to or 
integral with the pedestrian push button. This provision is taken from 
MUTCD section 4E.13 paragraph 2.
Location (R307.4)
    Pedestrian push buttons must be located no greater than 5 feet from 
the side of a curb ramp run or the edge of the farthest associated 
crosswalk line from the center of the intersection (R307.4). Pedestrian 
push buttons must be located between 1.5 and 10 feet from the edge of 
the curb or pavement. The purpose of this provision is to ensure that 
push buttons are placed in close proximity to the crosswalk they serve 
as individuals who need the tactile features will need to stand next to 
the push button while awaiting the walk interval, and often the audible 
signals emanate from the push button housing.
    This provision is taken from MUTCD 4E.08 paragraph 4, which states 
that pedestrian pushbuttons should be located between 1.5 and 6 feet 
from the edge of the pavement and 4E.08 paragraph 6, which states that 
where physical constraints prevent that location, the pushbutton should 
not be farther than 10 feet from the edge of curb or pavement. The 
Board agrees that placing the pushbutton between 1.5 and 6 feet from 
the edge of curb or pavement is preferable but has extended the 
requirement to 10 feet in acknowledgment that the geometry of some 
intersections, even in new construction, will necessitate placement 
further than 6 feet from the edge of curb or pavement.
    Where two pedestrian push buttons are provided on the same corner, 
they must be 10 feet or more apart; however, in alterations where it is 
technically infeasible to provide 10 feet of separation between 
pedestrian push buttons on the same corner, the pedestrian pushbuttons 
may be closer together and a pedestrian push button information message 
complying with R308.3.2 must be provided (R307.4.1). This provision is 
taken from MUTCD sections 4E.08 paragraphs 7 and 8 and 4E.10 paragraph 
3. Two local government commenters and AASHTO expressed concern 
regarding the requirement for 10 feet of separation between pedestrian 
push buttons on the same corner. The Board notes that in the final rule 
this requirement applies to new construction on undeveloped land. 
Pedestrian push buttons that are added to existing rights-of-way are 
considered alterations, and alterations subject to existing physical 
constraints that make compliance with applicable requirements 
technically infeasible must comply with the applicable requirements to 
the maximum extent feasible (R202.3).
Push Button Orientation (R307.5)
    The face of the push button must be aligned parallel to its 
associated crosswalk. This alignment ensures that the tactile arrow 
points in the direction of pedestrian travel, and provides uniformity 
for wayfinding. This provision is taken from MUTCD section 4E.08 
paragraph 4.
Audible and Vibrotactile Walk Indications for Pedestrian Signal Heads 
(R307.6)
    Pedestrian push buttons or passive detection devices must activate 
audible and vibrotactile walk indications complying with R308. This 
requirement specifies that both audible and vibrotactile indications 
are required, and is taken from MUTCD section 4E.11 paragraph 2.
Audible and Vibrotactile Indication for Pedestrian Activated Warning 
Devices Without a Walk Indication (R307.7)
    Where a pedestrian push button or a passive detection device is 
provided for pedestrian activated warning devices, such as rectangular 
rapid flashing beacons, the pedestrian push button or passive detection 
device must activate a speech message that indicates the status of the 
beacon in lieu of an audible walk indication. The speech message volume 
must comply with requirements stated at R308.4. Where a pedestrian push 
button is provided, it must not include vibrotactile features 
indicating a walk interval.
    This provision clarifies the type of accessible indications that 
are required

[[Page 53638]]

for pedestrian activated warning devices. Pedestrian activated warning 
devices, such as rectangular rapid flashing beacons, do not stop 
traffic. Rather they provide flashing lights that draw drivers' 
attention to the crosswalk to warn them of the presence of pedestrians. 
Because these devices do not stop traffic, there is no walk interval, 
and thus no audible or vibrotactile walk indication. An audible or 
vibrotactile walk indication would falsely convey to a pedestrian who 
is blind or has low vision that the traffic has been stopped by a 
traffic control device. Instead, the speech message will state the 
status of the beacon, such as the beacon is flashing or the beacon has 
been activated, which is consistent with the visual indications of the 
device.
Locator Tone (R307.8)
    Pedestrian push buttons must have a locator tone complying with 
R307.8. This provision is taken from MUTCD section 4E.12 paragraph 2. 
The locator tone is a sound that emanates from the push button housing 
that enables individuals who are blind or have low vision to locate the 
push button.
    Locator tones have a duration of 0.15 seconds or less and repeat at 
one-second intervals except when another audible indication from the 
same device is active (R307.8.1). This requirement is taken from MUTCD 
section 4E.12 paragraph 4. To avoid a scenario in which multiple sounds 
are simultaneously emanating from the same device, the Board has added 
language clarifying that when another audible indication from the same 
device is active, the locator tone is to be silenced. The Board has 
also added an exception allowing the locator tone to be silenced if a 
passive detection system activates the locator tone when a pedestrian 
is within a 12-foot radius of the pedestrian push button. This 
addresses some commenter concerns regarding sounds bothering nearby 
residents. However, the Board also notes that those concerns are likely 
no longer an issue due to evolving technology; when the proposed rule 
was published, speakers were placed closer to the pedestrian signal 
heads, and were not typically integrated into the pedestrian push 
button device as they are now. This resulted in louder audible cues 
than those that emanate from today's devices.
    Pedestrian push button locator tones must be intensity responsive 
to ambient sound and audible 6 to 12 feet from the push button, or to 
the building line, whichever is less (R307.8.2). The push button 
locator tone must be louder than ambient sound up to a maximum volume 
of 5 dBA louder than ambient sound. Automatic volume adjustment in 
response to ambient traffic sound level is capped at a maximum volume 
of 100 dBA. This requirement is taken from MUTCD sections 4E.11 
paragraphs 9 and 10 and 4E.12 paragraph 6.
    Section R307.8.3 requires that where audible beaconing is used, the 
volume of the push button locator tone during the pedestrian change 
interval of the called pedestrian phase be increased and operated in 
one of the following ways: the louder audible walk indication and 
louder locator tone comes from the far end of the crosswalk, as 
pedestrians cross the street; the louder locator tone comes from both 
ends of the crosswalk; or the louder locator tone comes from an 
additional speaker that is aimed at the center of the crosswalk and 
that is mounted on a pedestrian signal head. This requirement is taken 
from MUTCD section 4E.13 paragraph 8.
    When the traffic control signal is operating in a flashing mode, 
pedestrian push button locator tones must remain active, and the 
pedestrian push button must activate a speech message that communicates 
the operating mode of the traffic control signal (R307.8.4). Where 
traffic control signals or pedestrian hybrid beacons are activated from 
a flashing or dark mode to a stop-and-go mode by pedestrian actuations, 
a speech message communicating the operating status of the traffic 
control signal is not required. Flashing mode refers to when traffic 
signals flash either red or yellow, often late at night when traffic 
volumes are reduced, or at intersections in rural areas with low 
regular traffic flow.
    Requirements for push button locator tones are addressed at MUTCD 
section 4E.12 paragraph 5. The MUTCD states that push buttons must be 
deactivated when the traffic control signal is in flashing mode. In 
response to comments from a national disability rights advocacy 
organization that emphasized the importance of visual information being 
provided in non-visual format for pedestrians who are blind or have low 
vision, the Board has explicitly deviated from the MUTCD's approach in 
this instance to ensure that pedestrians who are blind or have low 
vision can access information regarding the status of the traffic 
control device.
Tactile Arrow (R307.9)
    Pedestrian push buttons must have a tactile arrow with high visual 
contrast that is aligned parallel to the direction of travel on their 
associated crosswalks. This requirement is taken from MUTCD 4E.12 
paragraph 1.
R308 Accessible Pedestrian Signal Walk Indications
    Audible and vibrotactile walk indications are provided by 
accessible pedestrian signals during a walk interval. The walk interval 
occurs when a traffic control device signals traffic to stop and a 
pedestrian signal head signals to pedestrians, using the illuminated 
``walking person'' visual signal, to exit the curb and begin to cross 
the street. The remainder of the time allotted for pedestrians to 
complete the crossing is called the ``pedestrian change interval,'' and 
is signaled by an illuminated flashing ``upraised hand.'' The technical 
requirements in section R308 pertain mostly to the audible and 
vibrotactile cues during the walk interval. The Board acknowledges and 
concurs with commenters' requests for standardization with respect to 
audible cues. These requirements will provide standardization with 
respect to the type of sound, pattern of speech message, and volume of 
the audible cues provided.
Audible and Vibrotactile Walk Indications (R308.2)
    Accessible pedestrian signals have an audible and vibrotactile walk 
indication during the walk interval only. The audible walk indication 
must be audible from the beginning of the associated crosswalk. During 
the pedestrian change interval, audible cues of the accessible 
pedestrian signals revert to the pedestrian push button locator tone. 
This requirement is taken from MUTCD sections 4E.11 paragraphs 4 and 
25.
Audible Walk Indications (R308.3)
    There are two types of audible walk indications: a percussive tone 
(R308.3.1) and a speech walk message (R308.3.2). A percussive tone is 
required where an accessible pedestrian signal is provided at a single 
crossing or where two accessible pedestrian signals are 10 feet or more 
from each other at a corner. The percussive tone repeats eight to ten 
ticks per second with multiple frequencies and a dominant component at 
880 Hz. In alterations, where it is technically infeasible to provide 
10 feet separation between pedestrian push buttons on the same corner, 
the audible walk indication for each signal is a speech walk message 
that complies with R308.3.2. These requirements are taken from MUTCD 
section 4E.11 paragraphs 7 and 8.
    Several commenters objected to the ``chirping'' noise that was used 
by early accessible pedestrian signals. The Board notes that the final 
rule prescribes either a percussive tone or an audible speech

[[Page 53639]]

message depending on the circumstances; chirping noises are not 
permitted.
    The Board carefully considered comments on the format of audible 
walk indications from two national advocacy organizations for people 
who are blind or have low vision. Both organizations requested that the 
audible walk indications be limited to speech messages to ensure that 
the same information available to a sighted pedestrian is provided to a 
pedestrian who is blind or has low vision.
    In the absence of additional significant research studies regarding 
audible walk indications, the Board has accepted the MUTCD's preference 
for percussive tones over speech messages. The Board notes that MUTCD 
adopted this approach based on research that concluded that speech walk 
indications were not understandable to pedestrians under all ambient 
sound conditions. See Transportation Research Board, NCHRP Document 
117B: Guidelines for Accessible Pedestrian Signals: Final Report, 91-92 
(2007) available at https://onlinepubs.trb.org/onlinepubs/nchrp/nchrp_w117b.pdf. The principal purpose of visual pedestrian signal 
heads is to provide safety to pedestrians who are crossing the street 
by informing pedestrians of the walk interval, that is, the interval 
during which they are to step off the curb so that they have sufficient 
time to cross the street before the traffic light changes. In accepting 
the MUTCD's preference for percussive tones, the Board is prioritizing 
audible communication of the walk indication over other information, 
and the available research indicates that the percussive tone is more 
widely audible across various ambient sound conditions. Id.
    The Board acknowledges that this approach does not wholly address 
issues that may face pedestrians who are blind or have low vision, as 
they are not provided with the same information that is provided 
visually, specifically the pedestrian countdown. Consequently, persons 
who are blind or have low vision approaching a crosswalk during the 
pedestrian clearance interval will not know how many seconds remain and 
may then wait an entire cycle for the audible walk indication even if 
they would have had sufficient time to cross. The Board will encourage 
additional research regarding speech messages at crosswalks, including 
the viability of an audible pedestrian countdown.
    Jurisdictions have the option of providing speech information 
messages at a pedestrian signal, regardless of whether it is a pretimed 
signal or actuated with the pedestrian push button or passive 
detection; however, the speech information message may only be actuated 
when the walk interval is not timing (R308.3.2.1). Speech information 
messages provide wayfinding assistance for persons who are blind or 
have low vision and can be especially helpful at intersection corners 
with multiple crossings. If provided, the speech message must begin 
with the term ``Wait,'' followed by intersection identification 
information modeled after: ``Wait to cross Broadway at Grand.'' 
Information on intersection signalization or geometry may also be 
provided after the intersection identification information.
    Where a speech walk message is used as the audible walk indication, 
it must use the following patterns. At intersections having pedestrian 
phasing that is concurrent with vehicular phasing, the speech message 
must be patterned after the model: ``Broadway. Walk sign is on to cross 
Broadway.'' (R308.3.2.2). At intersections with exclusive pedestrian 
phasing, meaning that traffic is stopped in all directions while 
pedestrians cross in all directions, the speech message must be 
patterned after the model: ``Walk sign is on for all crossings'' 
(R308.3.2.3). Where a pilot light is provided, the speech message 
``Wait'' must be provided if actuated while the walk interval is not 
timing (R308.2.3.4). These speech message requirements come from MUTCD 
sections 4E.11 paragraphs 18 and 19 and 4E.08 paragraph 17.
Volume (R308.4)
    Audible walk indications must be louder than ambient sound, up to a 
maximum volume of 5 dBA louder than ambient sound. For automatic volume 
adjustment in response to ambient traffic sound, the maximum volume is 
100 dBA. Where audible beaconing is provided in response to an extended 
push button press, the beaconing can exceed 5 dBA louder than ambient 
sound; however, the maximum volume remains 100 dBA. Volume requirements 
come from MUTCD section 4E.10 paragraphs 9 and 10.
Vibrotactile Walk Indication (R308.5)
    The pedestrian push button must vibrate during the walk interval. 
People who use vibrotactile cues, such as people who are both deaf and 
blind, will stand with their hand on the pedestrian push button until 
it vibrates indicating the walk interval. The only vibrotactile cue 
provided is the walk interval. The vibrotactile walk indication 
requirement comes from MUTCD section 4E.11 paragraph 3.
R309 Transit Stops and Transit Shelters
    The technical requirements for transit stops and transit shelters, 
which appear at NPRM section 308 in the proposed rule, are largely 
based on provisions for transit facilities in the 2004 ADA and ABA 
Guidelines.
Transit Stops (R309.1)
    A transit stop is defined in the final rule as, ``An area that is 
designated for passengers to board or alight from buses, rail cars, and 
other transportation vehicles that operate on a fixed route or 
scheduled route, including bus stops and boarding platforms. This 
definition does not include intercity rail except where a stop is 
located in the public right-of-way.'' (R104.3). This includes, but is 
not limited to, all bus stops, bus rapid transit stops, and streetcar 
stops on fixed or scheduled routes in the public right-of-way. It also 
includes intercity rail stops located in the public right-of-way, such 
as flag stops. An alteration to a transit stop will trigger these 
technical requirements, including alterations to bus stops that 
currently have no features other than signage.
    Boarding and alighting areas at sidewalk or street-level must 
comply with technical requirements specific to boarding and alighting 
areas for slope and dimensions, as well as common requirements for all 
transit stops, and must serve each accessible vehicle entry and exit 
(R309.1.1, R309.1.3). Where a transit shelter is provided, the boarding 
and alighting area can be located within or outside the shelter.
    The proposed rule required that transit stops serving multicar 
vehicles have technically compliant boarding and alighting areas for 
each vehicle (NPRM R308.1.1). In the final rule, the Board has replaced 
this language with a more precise requirement that a compliant boarding 
and alighting area serve each accessible vehicle entry.
    A state DOT requested that the Board incorporate language 
indicating that entities comply with this requirement ``to the extent 
that the construction specifications are within their control,'' which 
is language that the U.S. Department of Transportation added to modify 
its adoption of 810.2.2 of Appendix D to 36 CFR part 1191. See 49 CFR 
part 37, Appx. A. The Board expects that entities will coordinate to 
comply with accessibility requirements in the public right-of-way, and 
thus declines to add this language. However, enforcement-related issues 
may be addressed by USDOT's separate rulemaking adopting these 
guidelines.
    Boarding and alighting areas must have a clear length of 96 inches 
(2440

[[Page 53640]]

mm) minimum, measured perpendicular to the face of the curb or street 
edge, and a clear width of 60 inches (1525 mm) minimum, measured 
parallel to the street. These are the same substantive requirements 
proposed in the NPRM (NPRM R308.1.1.1). In response to the NPRM, five 
local government entities and one state DOT expressed concern that 8 
feet of clear space would not be feasible at existing shuttle stops, 
and a state DOT requested to orient the boarding and alighting area in 
the other direction to accommodate limited right-of-way. The 
orientation of boarding and alighting areas is important because the 
dimensions as specified accommodate deployment of a lift or ramp. The 
Board notes that alterations, including transit stops that are added to 
existing right-of-way, are required to comply with the applicable 
requirements to the maximum extent feasible where existing physical 
constraints make compliance with these requirements technically 
infeasible (R202.3). The Board thus anticipates that there will be 
instances in existing right-of-way where full compliance of the 96-inch 
length will not be achieved.
    The slope of boarding and alighting areas measured parallel to the 
street must be the same as the grade of the street (R309.1.1.2). The 
slope of boarding and alighting areas measured perpendicular to the 
street must be 1:48 (2.1%) maximum. There are no substantive changes to 
this provision from the proposed rule. The provision has been retitled 
``slope,'' as the term ``grade,'' which was used in the proposed rule, 
connotes a specific direction of pedestrian travel.
    Boarding platforms in the public right-of-way must comply with 
technical requirements for platform and vehicle coordination 
(R309.1.2.1) and slope (R309.1.2.2) as well as common requirements for 
all transit stops (R309.1.3). The final rule defines ``boarding 
platform'' as ``[a] platform raised above standard curb height used for 
transit vehicle boarding and alighting'' (R104.3). Standard curb height 
is defined as, ``[t]he typical height of a curb according to local 
standards for a given road type, but usually between 3 inches (75 mm) 
and 9 inches (230 mm) high relative to the surface of the roadway or 
gutter'' (R104.3). Examples of boarding platforms in the public right-
of-way include, but are not limited to, bus rapid transit stops or 
streetcar stops where the boarding and alighting area is higher than 
the standard curb height. This may include places where the stop is on 
the sidewalk, but the sidewalk is raised higher than the standard curb 
height.
    Boarding platforms must be positioned to coordinate with vehicles 
in accordance with DOT's applicable requirements in 49 CFR parts 37 and 
38, which require the height of the vehicle floor and the platform to 
be coordinated so as to minimize vertical and horizontal gaps. There is 
no change to this requirement from the proposed rule.
    The slope of boarding platforms measured parallel to the track or 
street must be the same as the grade of the track or street, while the 
slope of the boarding platform measured perpendicular to the track or 
street must be 1:48 (2.1%) maximum. This is a change from the proposed 
rule, which required the slope to be 2% maximum in each direction for 
new construction. Upon consideration, the Board has concluded that 
similar to boarding and alighting areas at street level, the slope of 
boarding platforms measured parallel to the street or track must be the 
same as the grade of the track or street even in new construction.
    Boarding and alighting areas and boarding platforms must comply 
with surface characteristics stated at R302.6 (R309.1.3.1). In new 
construction on undeveloped land, boarding and alighting areas and 
boarding platforms connect to pedestrian access routes in accordance 
with R203.2. In alterations, boarding and alighting areas and boarding 
platforms must connect to existing pedestrian circulation paths by 
pedestrian access routes complying with R302 (R309.1.3.2). This 
connection is required by R202.2 but also expressed here to ensure that 
jurisdictions understand that any altered boarding and alighting areas 
and boarding platforms must be connected to an existing pedestrian 
circulation path. This requirement seeks to avoid a scenario in which a 
person with a disability alights a transit vehicle but is then trapped 
in the alighting area because there is no connection to a pedestrian 
circulation path. In response to the NPRM, two individuals and a state 
DOT commented in support of a connection requirement.
    The Board acknowledges a comment from a national advocacy 
organization for individuals who are blind or have low vision 
requesting that the Board require all transit stops in new construction 
to have boarding and alighting areas or boarding platforms that are at 
least 6 inches higher than street level. The organization asserts that 
such a requirement will minimize gaps between the vehicle and the 
alighting area, minimize the slope of low-floor transit bus ramps when 
extended, and prevent transit vehicles from encroaching into alighting 
areas and possibly hitting a passenger. The Board is unaware of 
research indicating that these are widespread problems for transit 
riders with disabilities in jurisdictions where transit stops are 
located at street-level. The Board thus declines to require a specific 
height for transit stops.
Transit Shelters (R309.2)
    Pedestrian access routes must connect transit shelters to boarding 
and alighting areas or boarding platforms (R309.2.1). This requirement, 
which appeared at NPRM R308.2 in the proposed rule, ensures that 
persons with disabilities are able to access transit shelters. Transit 
shelters must have a clear space complying with the technical 
requirements at R404 entirely within the shelter (R309.2.2). This clear 
space allows a person using a wheelchair sufficient space inside the 
shelter to await the transit vehicle. Where seating is provided within 
the shelter, the clear space must be located either at one end of a 
seat or so as to not overlap the area within 18 inches (460 mm) from 
the front edge of the seat to leave leg room for seating provided 
within the shelter.
    Any environmental controls provided within a transit shelter, such 
as lights or heating, must be proximity actuated to ensure that persons 
with disabilities can use them (R309.2.3). Protruding objects within 
transit shelters must comply with technical requirements for protruding 
objects at R402 to ensure that they are not hazards to persons who are 
blind or have low vision (R309.2.4).
    There are no substantive changes in the final rule for technical 
requirements for transit shelters, although the provisions have been 
restructured for clarity. In response to the proposed rule, a 
disability rights advocacy organization requested that the Board add a 
requirement for a wheelchair turning space. Two design firms also 
commented on turning space, indicating that any required turning space 
should be permitted to be partially outside the shelter. The Board 
considered these comments and concluded that a requirement for turning 
space is not necessary in light of the typical designs of transit 
shelters, which would allow a person in a wheelchair to make a turn 
either partially inside the shelter or directly outside.
    The Board acknowledges a comment from a design firm requesting 
technical criteria for benches. As stated above in the discussion of 
street furniture (R209), the Board concurs that technical criteria for 
benches, specifically back support and armrest requirements, would be 
useful to ensure accessibility, but as the

[[Page 53641]]

Board did not propose specific dimensions for accessible benches in the 
proposed rule, the Board declines to add them now in the final rule. 
The Board may consider technical criteria for benches in a future 
rulemaking.
R310 On-Street Parking Spaces
    In the proposed rule, technical requirements for accessible on-
street parking spaces were addressed at NPRM R309. There are few 
substantive changes from the proposed requirements; however, in the 
final rule, the provisions have been restructured for clarity.
Parallel On-Street Parking Spaces (R310.2)
    In the proposed rule, the Board presented two sets of 
specifications for accessible parallel on-street parking spaces: 
specifications for wide sidewalks where the width of the adjacent 
sidewalk or available right-of-way exceeds 14 feet (NPRM R309.2.1) and 
specifications for narrow sidewalks, where the available sidewalk or 
right-of-way is 14 feet or less.
    In the final rule, the Board had restructured this section to 
clarify that in new construction on undeveloped land, larger accessible 
parallel on-street parking spaces are required. Specifically, in the 
final rule, the default dimensions of accessible parallel on-street 
parking spaces are 24 feet long minimum parallel to the sidewalk and 13 
feet wide minimum perpendicular to the sidewalk (R310.2.1). The 13-foot 
width accounts for the typical width of a parallel parking space plus 
an additional five feet, which in the proposed rule was characterized 
as an ``access aisle'' (NPRM R309.2.1). The 24-foot length accounts for 
the 20-foot length of a typical parking space (the dimension that the 
Board has used in R211 as a proxy to count unmarked parking spaces) 
plus 48 inches that will allow a person exiting on the driver side of 
the vehicle to access the connection to the pedestrian access route, 
such as a curb ramp, on the passenger side of the vehicle.
    In the final rule, the Board concurred with an individual commenter 
who recommended that the Board provide total dimensions for the 
accessible parallel space instead of dimensions for an additional 
access aisle. The Board has observed in the implementation of the 
proposed guidelines that some jurisdictions have marked the access 
aisles, which creates confusion for both drivers and parking 
enforcement officials as to whether a vehicle may be parked in the 
access aisle. The point of the additional space of the access aisle 
(now additional width in the final rule) is to allow the driver to 
situate the vehicle anywhere within the full width of the space so that 
a person with a disability may exit the vehicle on whichever side is 
needed without exiting directly into a travelled way. Some persons with 
disabilities will need space on the driver side of their vehicle, 
outside of the travelled way, to transfer to a wheelchair.
    The Board has provided two exceptions to the required dimensions 
for accessible parallel on-street parking spaces that are applicable in 
alterations. First, in Exception 1, the Board states that where 
parallel on-street parking spaces are altered but the adjacent 
pedestrian circulation path is not, any accessible parallel on-street 
parking spaces provided may have the same dimensions as the adjacent 
parallel on-street parking spaces if they are provided nearest the 
crosswalk at the end of the block face or nearest a midblock crosswalk, 
and a curb ramp or blended transition is provided serving the 
crosswalk.
    This exception clarifies that where a jurisdiction is not altering 
a sidewalk, it need not alter the sidewalk solely to provide accessible 
parallel on-street spaces with the prescribed dimensions of R310.2.1, 
if they meet the conditions above. Rather, where, for example, the 
parking lane is being repaved (altered), but the sidewalk will not be 
altered, the jurisdiction is permitted to provide typically-sized, 
accessible parking spaces if they are provided nearest a crosswalk at 
the end of the block face or nearest a midblock crosswalk, and a curb 
ramp or blended transition is provided serving the crosswalk. The 
substantive content of this exception appeared at NPRM R309.2.1.1. The 
language has been revised to clarify that that the spaces must be 
provided nearest to a crosswalk where a curb ramp or blended transition 
is provided, as was the intent of the proposed language requiring the 
spaces to be located ``at the end of the block face.''
    Exception 2 of section R310.2.1 of the final rule contains the 
provision that appeared at NPRM R309.2.2, which relates to the 
requirements for parallel parking adjacent to narrow sidewalks. Where 
providing parallel on-street parking spaces with the dimensions 
specified in R310.2.1 would result in an available right-of-way width 
less than or equal to 9 feet (2.7 m), measured from the curb line to 
the right-of-way line, the accessible parallel on-street parking spaces 
may have the same dimensions as the adjacent parallel on-street parking 
spaces if they are provided nearest a crosswalk at the end of the block 
face or nearest a midblock crosswalk, and a curb ramp or blended 
transition is provided serving the crosswalk. The language of this 
provision has been edited to clarify that there must be a curb ramp or 
blended transition present where the accessible spaces are located, as 
was the intention in the proposed rule of requiring that they be 
located ``at the end of the block face.'' In addition, in the final 
rule, the Board has clarified that these accessible spaces may have the 
same dimensions as the adjacent parallel on-street spaces.
    As in the proposed rule, the Board limits the requirement for the 
larger sized parking space to places where 9 full feet of available 
right-of-way will remain. Nine feet of available right-of-way allows 
for the required 48-inch clear width of the pedestrian access route and 
an additional 5 feet for street furniture and building frontage.
    Two local government commenters and one state DOT objected to the 
requirement to locate typically-sized accessible parallel on-street 
parking spaces nearest to curb ramps. They asserted that local programs 
may locate spaces based on need or have requirements that the must be a 
certain distance from an intersection. The Board acknowledges that in 
the absence of Federal requirements, some state and local jurisdictions 
have created their own specifications for the location of accessible 
on-street spaces. However, to provide equity to persons with 
disabilities with respect to their personal safety, the amount of time 
that they spend in the roadway between their vehicle and the sidewalk 
must be minimized. Thus, it is crucial that accessible spaces are 
located nearest the crosswalk at the end of the block face or nearest 
mid-block crosswalk with a curb ramp or blended transition serving the 
crosswalk.
    Each accessible parking space complying with the dimensions of 
R310.2.1 must have an independent connection to a pedestrian access 
route (R310.2.2). If there is a curb between the parking space and the 
pedestrian access route, a curb ramp or blended transition complying 
with R304 must be provided in accordance with R203.6.1.3 and R310.2.2; 
however, a detectable warning surface is not required. Built-up curb 
ramps within the parking space are not permitted. The clear area 
requirement for a curb ramp directly serving a parking space complying 
with the dimensions of R310.2.1 is satisfied within the additional 
length of the space. Accessible spaces provided in accordance with the 
exceptions to R310.2.1 must be connected to the curb ramp serving the 
crosswalk by a

[[Page 53642]]

pedestrian circulation path that complies with technical requirements 
for surfaces at R302.6, except that changes in level are not permitted.
    A state disability board requested that the rule specify slope and 
cross slope for parking spaces. The Board considered this request, but 
concluded that roadway design considerations preclude the Board from 
specifying slope and cross slope for on-street parking. However, in the 
final rule, the Board has added a provision requiring surfaces of 
parking spaces to comply with technical specifications for surfaces at 
R302.6, except that changes in level are not permitted (R310.2.3). As 
indicated in the advisory at NPRM 309.1, accessible parking spaces 
should be located where the street has the least crown and grade (and 
close to key destinations).
    A state DOT and a local government entity pointed out in response 
to the proposed rule that the access aisle (now additional width) of a 
parallel parking space does not benefit side lift and ramp users 
because they typically deploy onto the sidewalk. In the final rule, the 
Board has added a provision requiring that the center 50 percent of the 
length of the sidewalk or other surface adjacent to accessible parking 
spaces be free of obstructions (R310.2.4). This requirement will ensure 
that there is an adjacent unobstructed area to accommodate deployment 
of a lift or ramp.
    In the final rule, the Board, concurring with a comment from an 
association of accessibility professionals, also added a provision 
clarifying the requirement for identification of accessible on-street 
parking spaces with a sign bearing the International Symbol of 
Accessibility installed 60 inches (1525 mm) minimum above the ground 
measured to the bottom of the sign (R310.2.5).
Perpendicular Parking Spaces (R310.3)
    In the final rule, the Board has split perpendicular and angled on-
street parking spaces into separate provisions, with an additional 
common requirements provision applicable to both, to address a change 
in the dimensions of the spaces and access aisles. In response to 
comments expressing confusion as to the need for a 96-inch access aisle 
for perpendicular and angled parking, the Board notes that the purpose 
of the access aisle is to allow sufficient space between an accessible 
vehicle and the next vehicle to deploy a ramp.
    In R310.3.1 of the final rule, the Board has retained the proposed 
requirement that perpendicular spaces have an adjacent 96-inch (2440 
mm) minimum access aisle extending the full length of the space. The 
Board has also retained the allowance that one access aisle may be 
shared by two spaces, but has clarified that this is only permitted 
where the front entry and rear entry parking are both allowed. Most 
wheelchair vans that are equipped with a ramp deploy on the passenger 
side. Thus, where a driver can park the vehicle such that the access 
aisle is on the passenger side, regardless of which side of the space 
the access aisle is located, it is appropriate that access aisle be 
shared by two spaces.
Angled Parking Spaces (R310.4)
    In the final rule, the Board has reallocated the total amount of 
space anticipated for the angled parking space and access aisle as 
follows. The Board has stated the width of accessible angled parking 
spaces to 132 inches (3350 mm) and reduced the width of the access 
aisle to 60 inches (1525 mm) (R310.4.1). The access aisle must extend 
the full length of the parking space on the passenger side (R310.4.2).
    Because most wheelchair vans equipped with a ramp deploy on the 
passenger side, the Board requires that the access aisle be located on 
that side of the vehicle. The larger parking space allows a driver 
flexibility to situate the vehicle within the space so that a person 
with a disability on either side of the vehicle will have sufficient 
clearance to disembark. A person deploying a ramp on the passenger side 
would pull in all the way to the left in the space, which would allow 
the equivalent of the proposed 96-inch access aisle (see NPRM R309.3). 
However, for a person with a disability exiting the vehicle on the 
driver's side, the vehicle would be situated immediately adjacent to 
the access aisle, which would allow an additional three feet of 
clearance on the driver's side.
Common Requirements for Perpendicular and Angled Parking Spaces 
(R310.5)
    The following requirements apply to accessible perpendicular and 
accessible angled on-street parking spaces. The access aisles must be 
marked to discourage people from parking in them (R310.5.1). The access 
aisles must be located at the same level as the parking space they 
serve and cannot encroach on the traveled way (R310.5.2). These 
requirements are substantively the same as those proposed at NPRM 
R309.3.
    In new construction on undeveloped land, access aisles must connect 
to pedestrian access routes (R310.5.3); in alterations, the access 
aisle may connect to an existing pedestrian circulation path in 
accordance with R202.2 (R310.5.3 Exception 1). In the proposed rule, 
this provision was entitled, ``Curb Ramps or Blended Transitions'' 
(NPRM R309.4). The Board has replaced this section with more precise 
language requiring a connection to a pedestrian access route, as in 
some areas there is no curb between the parking and the pedestrian 
access route and thus, no curb ramp is needed. Where curb ramps are 
used to make the connection, they must be provided in accordance with 
R203.6.1.4 and must comply with the technical requirements for curb 
ramps at R304 (R310.5.3); however, a detectable warning surface is not 
required on a curb ramp or blended transition used exclusively to 
connect on-street parking access aisles to pedestrian access 
routes.\18\
---------------------------------------------------------------------------

    \18\ The Board acknowledges an error in NPRM Figure R309.3 
depicting a detectable warning surface on a curb ramp serving an 
access aisle. Several commenters pointed out this error. The error 
will be corrected in technical assistance materials made available 
on the Access Board's website in support of the final rule.
---------------------------------------------------------------------------

    Where curb ramps or blended transitions are used, they must not 
reduce the required width or length of the access aisles or accessible 
parking spaces (R310.5.3). This requirement clarifies a statement made 
in the proposed rule that ``[c]urb ramps shall not be located within 
the access aisle'' (NPRM R309.4), which a state DOT indicated was 
unclear. The Board has observed jurisdictions install curb ramps within 
an access aisle that obstruct the area intended for deployment of a 
ramp. The connection to the pedestrian access route, which could be a 
curb ramp, blended transition, or a section of pedestrian access route, 
must be wholly outside the required dimensions of the access aisle. A 
built-up curb ramp within the access aisle that reduces the required 
dimensions or otherwise obstructs deployment of a ramp or lift is not 
permitted.
    Surfaces of parking spaces and access aisles serving them must 
comply with technical requirements for surface characteristics at 
R302.6, except that changes in level are not permitted (R310.5.4). A 
state DOT, a local government entity, and an engineer commented on the 
slope and cross slope characteristics of access aisles; however, the 
Board neither proposed nor included in the final rule any slope or 
cross slope requirements for on-street parking spaces or access aisles 
due to roadway design considerations.
    In the final rule, the Board, concurring with a comment from an

[[Page 53643]]

association of accessibility professionals, has added a provision 
clarifying the requirement for identification of accessible on-street 
parking spaces with a sign bearing the International Symbol of 
Accessibility installed 60 inches (1525 mm) minimum above the ground 
measured to the bottom of the sign (R310.5.5).
Parking Meters and Parking Pay Stations (R310.6)
    The operable parts of parking meters and parking pay stations that 
serve accessible parking spaces must comply with technical requirements 
for operable parts at R403. The clear space required by R403.2 shall be 
located so that displays and information on parking meters and pay 
stations are visible from a point located 40 inches (1015 mm) maximum 
above the center of the clear space in front of the parking meter or 
parking pay station.
    The only change to the substantive requirements of this section 
from the proposed rule is the elimination of NPRM 309.5.1 which 
required that parking meters for parallel parking spaces be located at 
the head or foot of the parking space. This requirement has been 
superseded by R310.2.4, which requires the center 50 percent of the 
length of each parking space to be free from obstructions. The 
provision in the final rule more precisely accomplishes the goal of 
ensuring that the area adjacent to a parallel parking space needed to 
deploy a ramp will not be obstructed, while eliminating a concern 
expressed by a commenter as to the uncertainty of where the ``head'' 
and ``foot'' of the parking space are located, and the concern 
expressed by other commenters that the proposed language prescribed the 
provision of parking meters even for jurisdictions where users of 
accessible spaces do not pay for parking.
R311 Passenger Loading Zones
    The substantive technical requirements for accessible passenger 
loading zones differ minimally from the proposed requirements at NPRM 
R310; however, in the final rule they have been reorganized for 
clarity.
    Accessible passenger loading zones must provide a vehicular pull-up 
space that is 96 inches (2440 mm) wide minimum and 20 feet (6.1 m) long 
minimum (R311.2). Vehicle pull-up spaces have adjacent access aisles 
that are 60 inches (1525 mm) wide minimum extending the full length of 
the vehicle pull-up space (R311.3). Two local government entities and 
one individual commented that the dimensions specified do not account 
for sidewalk widths or pedestrian volumes. The Board does not require 
that accessible passenger loading zones be provided. In new 
construction on undeveloped land, neither of the issues raised should 
be a concern as the design would reflect these considerations. In 
alterations, jurisdictions must comply with the applicable requirements 
to the maximum extent feasible where existing physical constraints make 
compliance with these requirements technically infeasible (see R202.3).
    Access aisles must be at the same level as the vehicle pull-up 
space they serve and must not encroach on the traveled way. In 
alterations, where existing right-of-way precludes the installation of 
an access aisle separate from the pedestrian access route and the 
vehicle drop-off area is at-grade with the sidewalk, there may be 
overlap between the pedestrian access route and the access aisle.
    As with accessible parallel parking spaces, the Board has added a 
requirement for accessible passenger loading zones that the center 50 
percent of the adjacent sidewalk, or other surface, be free of 
obstructions to ensure that there is room for a vehicle to deploy a 
side lift or ramp.
    Access aisle surfaces must be marked to discourage parking in them 
(R311.3.2). Surfaces of vehicle pull-up spaces and the access aisles 
serving them must comply with characteristics of surfaces specified at 
R302.6; in the final rule the Board has clarified that changes in level 
are not permitted (R311.4). Some commenters requested clarification 
regarding the required slope and cross slope of accessible passenger 
loading zones; however, the Board neither proposed nor included in the 
final rule any slope or cross slope requirements for passenger loading 
zones due to roadway design considerations.
    Similar to the final requirements for accessible parking spaces, 
the Board has replaced a proposed provision requiring curb ramps or 
blended transitions to connect the access aisle to the pedestrian 
access route (NPRM R310.3) with language simply requiring the 
connection in consideration of places where there is no curb between 
the passenger loading zone and the adjacent pedestrian access route 
(R311.5). In alterations, the access aisle may connect to an existing 
pedestrian circulation path in accordance with R202.2. Where curb ramps 
and blended transitions are used, they must comply with technical 
requirements for curb ramps, except that detectable warning surfaces 
are not required on curb ramps and blended transitions used exclusively 
to connect access aisles to pedestrian access routes. Curb ramps and 
blended transitions also must not reduce the required width or length 
of access aisles. A built-up curb ramp within the access aisle that 
reduces the required dimensions or otherwise obstructs deployment of a 
ramp or lift is not permitted.

E. Chapter 4: Supplemental Technical Requirements

    Chapter 4 contains technical requirements that, as originally 
proposed in the NPRM, were virtually the same as similarly titled 
provisions in the 2004 ADA and ABA Accessibility Guidelines. In 
response to public comments, and to improve the clarity of the final 
rule text, several of these provisions have been revised to address the 
public rights-of-way context more precisely. Consequently, the original 
distinction between Chapter 3 and Chapter 4 of the PROWAG rule text, 
where Chapter 3 was specific to PROWAG and Chapter 4 was taken almost 
directly from the 2004 ADA and ABA Accessibility Guidelines, no longer 
applies. However, as the proposed guidelines have been widely adopted 
by state and local government entities, the Board has maintained the 
two-chapter structure of the technical requirements to ease the 
transition from the proposed guidelines to the final Guidelines.
R401 General
    The supplemental technical requirements in Chapter 4 apply as 
specified in the scoping provisions of Chapter 2 or where referenced by 
another technical requirement in Chapter 3 or 4. These technical 
requirements have been adapted specifically for pedestrian facilities 
in the public right-of-way. In the final rule, the Board has replaced 
the term ``finish surface,'' which is typically used to refer to an 
interior surface, with ``walking surface'' or ``ground surface,'' which 
are more appropriate in the rights-of-way context. Measurements are 
taken from the top of the surface.
R402 Protruding Objects and Vertical Clearance
    The name of this section, called ``Protruding Objects'' in the 
proposed rule (NPRM R402) has been revised in the final rule to more 
precisely reflect the content. There are many types of protrusions in 
the public right-of-way, including but not limited to signs, awnings, 
and landscaping. Landscaping protrusions in the public rights-of-way 
are common and pose special challenges to pedestrians with 
disabilities. For example, low hanging tree branches pose a hazard to 
pedestrian who are

[[Page 53644]]

blind or have low vision. Overgrown shrubbery may impede a blind 
pedestrian's ability to trail on the edge of a sidewalk or force a 
pedestrian in a wheelchair hazardously close to the roadway. Thus, to 
ensure equal access to public rights-of-way for persons with 
disabilities, jurisdictions must take care to ensure that protrusions 
do not exceed the specified limits, and that vertical clearance is 
properly maintained.
Protrusion Limits (R402.2)
    Objects with leading edges that are more than 27 inches (685 mm) 
and less than 80 inches (2030 mm) above the walking surface cannot 
protrude horizontally more than 4 inches (100 mm) into pedestrian 
circulation paths. The text of this provision has been revised for 
clarity, but the substantive requirement has not been changed from the 
proposed provision, which was based on the 2004 ABA and ADA 
Accessibility Guidelines. However, in the final rule, the Board has 
added an exception that allows handrails to protrude 4.5 inches (115 
mm) into a pedestrian circulation path to account for consistency with 
the 2004 ABA and ADA Accessibility Guidelines. See 36 CFR part 1191, 
Appx. D 307.2 Exception (allowing handrails to protrude 4.5 inches (115 
mm)).
    In response to the NPRM, one local government entity indicated that 
the protrusion limits could affect landscaping requirements and 
increase landscape trimming costs. The Board notes that it is common 
practice for jurisdictions to manage and maintain the landscaping 
abutting sidewalks and other pedestrian circulation paths; the final 
rule's protrusion limits are unlikely to significantly affect those 
costs.
Post-Mounted Objects (R402.3)
    Post-mounted objects must be installed in compliance with these 
technical requirements so they do not pose a hazard to persons who are 
blind or have low vision. In the final rule, the Board has revised the 
text of these provisions for clarity. The Board has also excepted the 
sloping portion of handrails serving stairs and ramps from compliance 
with R402.3.
    Where objects mounted on a single post or pylon are more than 27 
inches (685 mm) and less than 80 inches (2030 mm) above the walking 
surface, the objects must not protrude more than 4 inches horizontally 
into the pedestrian circulation path, as measured horizontally either 
from the post or pylon or from the outside edge of the base if the base 
is at least 2\1/2\ inches (64 mm) high (R402.3.2). A 2\1/2\ inch solid 
base is cane detectable.
    Where objects within a pedestrian circulation path are mounted 
between posts or pylons and the clear distance between the posts or 
pylons is greater than 12 inches (305 mm), the lowest edge of the 
object must be 27 inches (685 mm) maximum above the walking surface 
(low enough so that it is cane-detectable) or 80 inches (2030 mm) 
minimum above the walking surface (high enough that someone could walk 
under it) (R402.3.2). In the final rule, the Board has added an 
exception allowing objects mounted on two or more posts or pylons that 
do not comply with the above dimensions if a barrier with its lowest 
edge at 27 inches maximum above the walking surface is provided. The 
barrier is cane-detectable, and thus reduces the hazard.
Vertical Clearance (R402.4)
    The vertical clearance of a pedestrian circulation path must be 80 
inches high minimum. Where the vertical clearance is less than 80 
inches, guards or other barriers must be provided to prohibit 
pedestrian travel. This will prevent pedestrians from colliding with 
objects overhead. The lowest edge of the guard or barrier must be no 
higher than 27 inches above the walking surface to ensure that it is 
cane detectable. These substantive requirements for vertical clearance 
have not changed from those in the proposed rule, although they have 
been revised for clarity. In addition, the Board has substituted the 
word ``guard'' for ``guardrail,'' which has a different meaning in the 
transportation context.
    In response to the NPRM, the Board received comments from a 
disability rights advocacy organization and an accessible design firm 
requesting that the Board required vertical clearance of 96 inches to 
account for sagging wet branches, awnings, and wires. The Board has 
maintained the vertical clearance at 80 inches, which provides 
sufficient head clearance for most people. As in the case of several of 
PROWAG's technical requirements, some maintenance may be needed to 
maintain compliance.
Required Clear Width (R402.5)
    In the final rule, the Board has added a provision to clarify that 
protruding objects may not reduce the clear width required for 
pedestrian access routes, as specified at R302.2. That means, for 
example, that an object mounted between posts cannot be placed in the 
middle of a sidewalk, even if it complies with the requirements at 
R402.3.2, if it obstructs the required clear width of the path.
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, or 
interact with the element (R104.3). The technical requirements for 
operable parts apply to operable parts on street furniture, fare 
vending machines, other fixed elements at transit stops and shelters, 
accessible pedestrian signals (pedestrian push buttons), parking meters 
and parking pay stations that serve accessible parking spaces, and any 
other fixed elements used by pedestrians. A clear space complying with 
technical requirements at R404 must be provided at operable parts 
(R403.2). Operable parts must be located within the reach ranges 
specified in R406 (R403.3). There are no substantive changes to the 
technical requirements for operable parts from what was proposed in the 
NPRM; however, the Board updated the definition of ``operable part'' to 
include a component of an element use to ``interact with the element'' 
(R104.3). This addition is designed to cover QR codes and any other 
future markings that are intended to be scanned with a mobile device. 
If a QR code or similar marking is provided on an element, that code or 
marking must be within reach range, and clear space complying with R404 
must be provided so that a person in a wheelchair can use it.
    Operable parts must be operable with one hand and not require tight 
grasping, pinching, or twisting of the wrist (R403.4). The force 
required to activate operable parts may not exceed 5 pounds (22.2 N). 
One local government entity objected to this requirement asserting that 
products rated for exterior use have controls that likely require more 
force than 5 pounds to operate. The Board is not aware of jurisdictions 
having actual difficulties obtaining products that comply with this 
requirement. Exterior environments on buildings and sites are also 
subject to the same technical requirements for operable parts. 36 CFR 
part 1191, Appx. B 205, Appx. C F205, Appx. D 309.
R404 Clear Spaces
    Clear spaces are required at operable parts so that a person with a 
wheelchair or other mobility aids (such as a walker or crutches) has 
sufficient room and a stable surface to access an operable part. Clear 
spaces are also provided adjacent or integral to benches so that a 
person using a wheelchair may sit in proximity to a companion using the 
bench. Two disability rights advocacy organizations requested in their 
comments that the Board remove the advisory specifying

[[Page 53645]]

clear space is required at parking meters and parking pay stations 
``that serve accessible parking spaces'' (NPRM Advisory R404.1), 
because they believe that clear space should be provided at all parking 
meters and pay stations. All advisories have been removed from the 
final rule text; however, the Board also notes that with the addition 
of R209.7 in the final rule, operable parts of all fixed elements, 
which would include all parking meters and pay stations, must comply 
with technical requirements for operable parts at R403.
    Clear spaces are 30 inches (760 mm) minimum by 48 inches (1220 mm) 
minimum (R404.3). Their surfaces must comply with technical 
requirements for surface characteristics at R302.6 (R404.2). The slope 
of a clear space must be 1:48 (2.1%) maximum in both directions 
(R402.2). This is a change from the proposed rule, which required a 
running slope consistent with the grade of the adjacent pedestrian 
access route and a cross slope of 2 percent. The Board agreed with 
commenters that minimizing the slope in both directions provides better 
accessibility, particularly where both hands are needed for an operable 
part, leaving a person without a hand to stabilize a manual wheelchair. 
The Board has retained an exception where the grade of an adjacent 
pedestrian access route conforms to the requirements of R302.4; in 
those situations, the slope of the clear space may be consistent with 
the slope of the pedestrian access route.
    Two state DOTs and a regional association of engineers raised 
concerns about the cross slope exceeding 2 percent in circumstances 
where a pedestrian pushbutton for an accessible pedestrian signal is 
adjacent to a curb ramp and the clear space then overlaps the curb 
ramp. The Board notes that full compliance is expected for new 
construction on undeveloped land, and that in alterations, where 
existing physical constraints make compliance with applicable 
requirements technically infeasible, compliance with these requirements 
is required to the maximum extent feasible (see R202.3). The final rule 
also allows pedestrian push buttons to be located up to 10 feet away 
from the edge of curb to help avoid the scenario where clear space is 
located on a curb ramp (see R307.4).
    Clear spaces may include knee and toe clearance complying with R405 
(R404.4.). Clear spaces are positioned either for a forward approach or 
parallel approach (R404.5). In the final rule, the Board has clarified 
the orientation of the clear space for each approach: the 30-inch side 
is nearest to the element for a forward approach, and the 48-inch side 
is nearest to the element for a parallel approach (R404.5).
    Clear spaces must not be located on curb ramp runs or flares. One 
fully unobstructed side of a clear space must adjoin a pedestrian 
access route or another clear space (R404.6). If a clear space is 
confined on all or part of three sides, additional maneuvering 
clearance must be provided (R404.7). For a forward approach where the 
depth of the confined space exceeds 24 inches measured perpendicular to 
the element, the clear space and additional maneuvering clearance must 
be 36 inches (915 mm) wide minimum (R404.7.1). The clear space and 
additional maneuvering clearance must be 60 inches (1525 mm) wide 
minimum for a parallel approach where the depth of the confined space 
exceeds 15 inches.
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. These 
technical requirements are virtually identical to those in the 2004 ABA 
and ADA Accessibility Guidelines. The only change from the proposed 
rule is that the Board added a clarifying provision at R405.2.4 stating 
that space extending more than 6 inches (150 mm) beyond the available 
knee clearance at 9 inches above the ground surface is not considered 
toe clearance. The Board added this provision for consistency with 
section 306.2.4 of the 2004 ABA and ADA Accessibility Guidelines.
R406 Reach Ranges
    Technical requirements for reach ranges describe where an operable 
part must be located so that a person using a wheelchair can reach it. 
They also specify whether obstructions between the pedestrian and the 
element with the operable part are permitted, and if so, to what 
extent. The substantive requirements have not changed from the proposed 
rule, but the text of the provisions has been edited for clarity.
    For both forward and parallel approaches, the reach range extends 
between 15 inches (380 mm) and 48 inches (1220 mm) above the ground 
surface (R406.2). Where the clear space is configured solely for a 
forward approach to an element, obstructions are not permitted between 
the clear space and the element (R406.3.1). Where a clear space is 
configured for a parallel approach to an element, an obstruction 10 
inches (255 mm) deep maximum is permitted between the clear space and 
the element (R406.3.2).
    In response to comments from three state DOTs requesting that the 
Board clarify the permitted height of an obstruction, in the final rule 
the Board has stated that for clear spaces configured for a parallel 
approach to an element, the permitted obstruction must be no more than 
34 inches (865 mm) high (R406.3.2). This obstructed high reach limit is 
consistent with that stated in section 308.3.2 of the 2004 ABA and ADA 
Accessibility Guidelines.
    Four state DOTs, three local government commenters, and an 
engineering firm requested that an obstructed side reach up to 24 
inches deep be allowed as is permitted in the 2004 ADA and ABA 
Accessibility Guidelines. The Board declines to make this change, as 
most operable parts placed in new construction in the public right-of-
way can be located so they are unobstructed. The Board notes that most 
of the concerns expressed related to existing rights-of-way. 
Alterations must comply with the applicable requirements to the maximum 
extent feasible where existing physical constraints make compliance 
with these requirements technically infeasible (R202.3). An engineering 
firm expressed concern that the 10-inch obstruction depth limit would 
present challenges for mounting push buttons within the specified reach 
range. The Board notes that push button extensions, which are readily 
available, mitigate this concern.
R407 Ramps
    Ramps in the public right-of-way are used to provide access to a 
pedestrian overpass or underpass, to the entrance of a building or 
facility, and in instances where the grade of the sidewalk exceeds the 
allowances specified at R302.4. In the final rule, the Board has 
defined a ``ramp'' as a ``sloped walking surface with a running slope 
steeper than 1:20 (5.0%) that accomplishes a change in level and is not 
part of a pedestrian circulation path that follows the roadway grade. A 
curb ramp is not a ramp'' (R104.3).
    In addition, the Board has revised R407.1 to state that R407 does 
not apply to curb ramps or pedestrian access routes following the grade 
established for the adjacent street consistent with the requirements of 
R302.4.1.
    This definition and revisions to R407.1 address two repeated 
concerns in the comments to the NPRM and in subsequent technical 
assistance inquiries the Board has received since the NPRM was 
published. First, the Board clarifies that ``curb ramps'' and ``ramps'' 
are different types of pedestrian facilities and have distinct 
technical requirements. Two state DOTs, one local government entity, an

[[Page 53646]]

accessible design firm, and an association of accessibility 
professionals requested that the Board clarify that R407 does not apply 
to curb ramps. In the final rule, both ``ramp'' and ``curb ramp'' are 
defined in R104.3. The technical requirements for curb ramps appear at 
R304 in accordance with the scoping at R203.6. The technical 
requirements for ramps appear at R407. Second, the Board clarifies that 
pedestrian circulation paths that follow the street grade are not 
ramps, even if they exceed a slope of 1:20 (5.0%) and thus do not 
require compliance with R407 (see R302.4.1).
    The running slope of a ramp run is 1:12 (8.3%) maximum (R407.2) and 
the cross slope of a ramp run is 1:48 (2.1%) maximum (R407.3). In the 
proposed rule, the Board had specified a minimum running slope of 5 
percent, which was derived from the proposed maximum grade of a 
pedestrian access route (NPRM R407.2). A state DOT requested that the 
Board eliminate the minimum slope, and the Board concurred that stating 
a minimum slope was contributing to the confusion as to the 
applicability of the ramp technical requirements. Thus, the final rule 
does not state a minimum running slope for ramp runs.
    The clear width of a ramp run must be 48 inches (1220 mm) minimum, 
and if handrails are provided, the clear width between handrails must 
be 48 inches (1220 mm) minimum (R407.4). This is a departure from the 
NPRM in which the Board proposed that the clear width of ramps be 36 
inches minimum, consistent with the 2004 ADA and ABA Accessibility 
Guidelines. Several commenters, including three state DOTs and a local 
government entity, recommended that ramps have a minimum width of 48 
inches, consistent with the rest of the pedestrian access route in the 
public right-of-way. The Board concurred, but also provided an 
exception allowing a minimum width between handrails of 36 inches (915 
mm) for ramps that exclusively serve a building entrance.
    The rise for any ramp run is 30 inches (760 mm) maximum (R407.5). 
Landings must be provided at the top and bottom of each ramp run 
(R407.6). Landing slopes must be 1:48 (2.1%) maximum parallel and 
perpendicular to the ramp running slope. Landings are 60 inches (1525 
mm) long minimum (R407.6.3) and as wide as the widest ramp run leading 
to the landing (R407.6.2). Ramps that change direction between runs at 
landings must have a clear landing 60 inches (1525 mm) minimum by 60 
inches (1525 mm) minimum where the ramps change direction (R407.6.4). A 
state DOT requested 48 inch (1220 mm) minimum landings; the Board 
declines this suggestion as switchbacks require more space for 
maneuvering. A state disability board requested that the Board clarify 
that handrails cannot overlap the minimum clear dimensions of the 
landing. The Board does not think this modification to the rule text is 
needed, as R407.4 indicates that clear width is measured inside any 
handrails.
    Surfaces of ramp runs and landings comply with R302.6, except that 
changes in level, are not permitted (R407.7). Ramp runs with a rise 
greater than 6 inches (150 mm) must have handrails complying with R409 
(R407.8).
    Edge protection must be provided on each side of ramp runs and each 
side of ramp landings, except those serving an adjoining ramp run, 
stairway, or other pedestrian circulation path (R407.9). In the final 
rule, this provision has been revised for clarity. There are two 
options for edge protection. One is to extend the surface of the ramp 
run or landing 12 inches (305 mm) minimum beyond the inside face of the 
handrail (R407.9.1). The other is to provide a 4-inch (100 mm) high 
curb or a barrier that prevents the passage of a 4-inch sphere 
(R407.9.2). In the final rule, the Board has specified the minimum 
height of the curb for clarity and consistency with guidance for the 
2004 ABA and ADA Accessibility Guidelines. See U.S. Access Board, Guide 
to ADA Accessibility Standards, ``Edge Protection'' available at 
https://www.access-board.gov/ada/guides/chapter-4-ramps-and-curb-ramps/ 
(stating, ``Curbs if used must be at least 4'' high''). The Board 
emphasizes that only one edge protection option is required; if a curb 
or barrier is provided, the extended surface is not required.
R408 Stairs
    Technical accessibility requirements for stairs are needed for 
individuals with disabilities who are ambulatory and use stairs. For 
example, a person who drags a foot may catch it on a nosing if it does 
not comply with the requirements. For individuals who walk with 
difficulty or have challenges with balance, it is often preferable to 
use stairs rather than a ramp when both are provided as stairs may 
represent a shorter distance to be traveled or a more even surface.
    The final technical requirements for stairs in the public right-of-
way are almost identical to the requirements for stairs in the 2004 ADA 
and ABA Accessibility Guidelines, and those proposed in the NPRM with 
two exceptions. First, consistent with the requirements in the 2004 ADA 
and ABA Accessibility Guidelines but different than the NPRM, the Board 
has clarified at R408.4 that treads are permitted to have a slope of 
1:48 (2.1%) maximum. Second, in response to a request from over 80 
commenters, the Board has added a requirement for visual contrast on 
stair treads and landings.
    All steps on a flight of stairs must have uniform riser heights and 
uniform tread depths (R408.2). Risers must be 4 inches (100 mm) high 
minimum and 7 inches (180 mm) high maximum. Treads must be 11 inches 
(280 mm) deep minimum. Two commenters requested that the Board permit 
the bottom riser to be of varying height to accommodate the grade of 
the sidewalk. The Board does not find that a modification to the rule 
text is needed to account for this scenario. DOJ regulations 
implementing accessibility requirements under Title II of the ADA state 
that full compliance with the relevant accessibility requirements is 
not required in the context of new construction where a public entity 
can demonstrate that it is structurally impracticable to meet the 
requirements. 28 CFR 35.151. In alterations, where compliance with a 
requirement is technically infeasible, compliance is required to the 
maximum extent feasible (see R202.3).
    Open risers are not permitted (R408.3). Stair treads must comply 
with technical requirements for surface characteristics at R302.6, 
except that changes in level are not permitted (R408.4). However, 
treads may have a slope not steeper than 1:48 (2.1%).
    The radius of curvature at the leading edge of the tread must be 
0.5 inches (13 mm) maximum (R408.5). If the nosing projects beyond the 
riser, the underside of the leading edge of the nosing must be curved 
or beveled. Risers are permitted to slope under the tread at an angle 
of 30 degrees maximum from vertical. The nosing may project 1.5 inches 
(38 mm) maximum over the tread below.
    The leading edge of each step tread and top landing must be marked 
by a 1-inch (25 mm) wide stripe (R408.6). The stripe must contrast 
visually with the rest of the step tread or circulation path surface, 
either light-on-dark or dark-on-light. In adopting a requirement for 
contrast striping, the Board notes that a 1- to 2-inch stripe of 
contrasting color (either dark-on-light or light-on dark) is required 
by American National Standard (ANSI) through adoption of international 
building codes (IBC) to help users distinguish each step.\19\ In

[[Page 53647]]

addition, the Access Board requires contrast striping on vehicle stairs 
to assist individuals with low vision distinguish between steps. 36 CFR 
part 1192, Appx. A T405.3. The Board has assessed the costs of contrast 
striping on stairs and finds them reasonable with respect to the 
accessibility for persons with low vision. FRIA at 109.
---------------------------------------------------------------------------

    \19\ ``Accessible and Usable Buildings and Facilities,'' 
American National Standard (2009): 41, access from ANSI A117.1 
(2009): Accessible and Usable Buildings and Facilities 
(mzarchitects.com)
---------------------------------------------------------------------------

    Stairs must have handrails complying with the technical 
requirements for handrails at R409.
R409 Handrails
    Wherever handrails are provided in the public right-of-way, 
regardless of whether or not they are required, they must comply with 
technical requirements for handrails. The Board received several 
comments in response to the handrails technical requirements in the 
NPRM asking the Board to clarify where handrails are required. Again, 
handrails are required on ramps and stairs (R409.2); they are not 
required on curb ramps or pedestrian circulation paths complying with 
the grade requirements at R302.4. The Board added a statement to R409.1 
clarifying that R409 does not apply to curb ramps.
    The technical requirements for handrails in the final rule are 
substantively the same as the technical requirements in the NPRM. The 
Board provided clarification, described below, as to how jurisdictions 
are to handle scenarios where handrail extensions would reduce the 
clear width of a pedestrian access route (see R409.10).
    Handrails must be continuous within the full length of each ramp 
run or stair flight (R409.3). Inside handrails on switchback or dogleg 
ramps and stairs must be continuous between ramp runs or stair flights.
    The top of handrail gripping surfaces must be between 34 inches 
(865 mm) and 38 inches (965 mm) above walking surfaces, ramp surfaces, 
and stair nosings (R409.4). Handrails must be installed at a consistent 
height. There must be at least 1.5 inches (38 mm) between the handrail 
gripping surface and any other adjacent surface to allow sufficient 
room to grip the handrail (R409.5).
    Handrail gripping surfaces must be continuous along their length 
and unobstructed along their tops and sides (R409.6). The bottoms of 
handrail gripping surfaces must not be obstructed for more than 20 
percent of their length. Any horizontal projections must be at least 
1.5 inches (38 mm) below the bottom of the handrail gripping surface.
    Handrail gripping surfaces' cross sections comply with either 
R409.7.1 (circular) or R409.7.2 (non-circular). Where expansion joints 
are necessary for large spans of handrails, the expansion joint cross 
section may be smaller than the specified cross section diameters for 
sections no more than 1 inch (25 mm) long. Handrail gripping surfaces 
with a circular cross section must have an outside diameter of 1.25 
inches (32 mm) minimum and 2 inches (51 mm) maximum (R409.7.1). 
Handrail gripping surfaces with a non-circular cross section must have 
a perimeter dimension of 4 inches (100 mm) minimum and 6.25 inches (160 
mm) maximum, and a cross-section dimension of 2.25 inches (57 mm) 
maximum (R409.7.2). Handrail gripping surfaces and any surfaces 
adjacent must not be sharp or abrasive and must have rounded edges 
(R409.8).
    Handrails must not rotate within their fittings; however, where 
expansion joints are necessary for large spans of handrails, the 
expansion joint may rotate in its fitting (R409.9).
    Handrail gripping surfaces must extend beyond and in the same 
direction of ramp runs and stair flights in accordance with R409.10. In 
response to a comment from a state DOT requesting clarity on the 
requirement for handrail extensions where they would protrude into a 
pedestrian circulation path, the Board has clarified that in new 
construction on undeveloped land, handrails must not extend into a 
roadway or pedestrian circulation path. However, in alterations, if 
handrail extensions complying with R409.10 would reduce the clear width 
of a pedestrian access route, they shall extend as far as possible 
without reducing the clear width. Extensions are not required for 
continuous handrails at the inside turn of switchback or dogleg ramps 
and stairs.
    The required extensions are as follows. Ramp handrails must extend 
horizontally above the landing for 12 inches (305 mm) minimum beyond 
the top and bottom of ramp runs (R409.10.1). Extensions must either 
return to a wall, guard, or the landing surface, or be continuous to 
the handrail of an adjacent ramp run. At the top of a stair flight, 
handrails must extend horizontally above the landing for 12 inches (305 
mm) minimum beginning directly above the first riser nosing 
(R409.10.2). Extensions must either return to a wall, guard, or the 
landing surface, or be continuous to the handrail of an adjacent stair 
flight.
    At the bottom of a stair flight, handrails must extend at the slope 
of the stair flight for a horizontal distance at least equal to one 
tread depth beyond the last riser nosing (R409.10.3). Extensions must 
either return to a wall, guard, or the landing surface, or be 
continuous to the handrail of an adjacent stair flight.
R410 Visual Characters on Signs
    Technical requirements for pedestrian signs provide accessibility 
to pedestrians with low vision. As stated in the scoping at R208, all 
signs on shared use paths and all other signs in the public right-of-
way intended for pedestrians other than those explicitly excepted are 
required to comply with the technical requirements. The Board notes, in 
response to a local government comment, that a noncompliant sign 
accompanied by a compliant sign does not meet the requirements. All 
signs covered by the scoping must comply with the technical 
requirements.
    The only change to the final technical requirements for signs from 
the proposed provisions is that the Board has relocated the requirement 
for height to the end of the section as a more logical placement. The 
technical requirements for visual characters on signs are substantively 
identical to the character requirements in the 2004 ADA and ABA 
Accessibility Guidelines. 36 CFR part 1191, Appx. D 703.
    Characters and their background must have a non-glare finish 
(R410.2), contrast with their background (R410.2), and be conventional 
in form (R410.4). Characters may be uppercase or lowercase or a 
combination of both (R410.3).
    Characters must 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'' (R410.5). Minimum character 
heights are specified in Table R410.6. The viewing distance is measured 
as the horizontal distance between the character and an obstruction 
preventing further approach towards the sign (R410.6). Character height 
is based on the uppercase letter ``I''.
    Stroke thickness (R410.7), character spacing (R410.8), and line 
spacing (R410.9) are specified. Visual characters must be at least 40 
inches (1015 mm) above the ground surface.
411 International Symbol of Accessibility
    The International Symbol of Accessibility (ISA) is provided as a 
figure. Wherever the ISA is used, it must have a non-glare finish and 
contrast with its background. In the final rule, this provision has 
been slightly restructured, but there are no

[[Page 53648]]

substantive changes from the proposed requirements.

VII. Regulatory Process Matters

A. Regulatory Planning and Review (Executive Orders 12866 and 13563)

    The Office of Management and Budget has reviewed this final rule 
pursuant to E.O. 12866, 58 FR 51735 (Sept. 30, 1993), Principles of 
Regulations, and E.O. 13563, 76 FR 3821, (Jan. 21, 2011), Improving 
Regulation and Regulatory Review.
    The USDOT Volpe Center prepared the final regulatory impact 
analysis (FRIA) on behalf of the Access Board. The FRIA is available on 
the Access Board's website at www.access-board.gov and in the 
regulatory docket at www.regulations.gov. The FRIA estimates the annual 
costs of PROWAG, and describes the significant benefits, some of which 
are quantifiable. While the benefits of regulations that ensure civil 
rights cannot be fully quantified and monetized, according to the Volpe 
Center's estimates, the monetizable benefits of this final rule far 
outweigh the costs. The Board concludes that consistent with E.O. 
13563, the benefits of this final rule, (quantitative and qualitative) 
justify the costs.
    Pursuant to E.O. 13563, the Volpe Center has used ``the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible''; however, the final rule 
and the underlying statutes create many important benefits that, in the 
words of E.O. 13563, stem from ``values that are difficult or 
impossible to quantify.'' In addition to considering the rule's 
quantitative effects, the Board has considered the rule's qualitative 
effects.
    Executive Order 13563 states that in making a reasoned 
determination that a regulation's benefits justify its costs, ``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. 
When enacting the ADA, 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). This final rule promotes 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).
    In the FRIA, the Volpe Center provides benefits and costs 
calculated relative to a no-action baseline, which represents a 
continuation of existing state and local design standards and 
construction practices. The details of the baseline vary significantly 
across PROWAG provisions, because in some areas existing practices 
align fairly closely with PROWAG, while in other cases there are larger 
differences.
    The FRIA describes the methodology used to calculate compliance 
costs and associated benefits, including data sources, key input values 
and assumptions, calculation methods, and information on potential 
limitations and sources of uncertainty. This methodology is then 
applied to estimate the costs and benefits of major PROWAG provisions 
on a lifecycle basis, relative to a no-action baseline.
    The below summarizes the quantified cost and benefit estimates. The 
FRIA also presents a discussion of potential compliance costs for 
pedestrian overpasses and underpasses; sidewalk dimensions and 
materials; handrails; public street toilets; transit stops and 
shelters; and alternate pedestrian access routes. However, these are 
not listed in the summary table because they are expected to have 
little to no overall cost impact relative to the baseline. Similarly, a 
number of other benefits were identified that could not be monetized 
using the available data.
    As the relevant analysis time periods can vary by provision, the 
costs and benefits have been converted to annualized equivalents (using 
3% and 7% discount rates) to ease comparisons. As the figures indicate, 
estimated monetized benefits exceed estimated compliance costs by a 
considerable margin. However, some of the most important benefits of 
this rule, in the form of equal access to public facilities, personal 
freedom and independence, and the elimination of accessibility barriers 
to mobility, are not quantified due to the inherent difficulty in 
monetizing such impacts.

                                     Summary of Estimated Benefits and Costs
----------------------------------------------------------------------------------------------------------------
                                                          Annualized cost/   Annualized cost/
                                                             benefit ($         benefit ($
                    PROWAG provision                        millions, 7%       millions, 3%       Time period
                                                           discounting to     discounting to    analyzed (years)
                                                          2021 base year)    2021 base year)
----------------------------------------------------------------------------------------------------------------
Detectable Warning.....................................               $1.0               $1.0                 50
On-Street Parking......................................               11.4               17.0                 20
Passenger Loading Zones................................                1.4                1.4                 20
Accessible Pedestrian Signals..........................               98.8              103.6                 25
Shared-Use Paths.......................................               43.9               60.0                 15
Pedestrian Overpasses and Underpasses..................                0.0                0.0                 30
Sidewalk Width.........................................                0.0                0.0                 50
Roundabouts--Crossings.................................               12.6               16.9                 25
Roundabouts--Edge Detection............................                2.4                2.8                 50
Curb Ramps.............................................               22.0               30.6                 20
Stair Visual Contrast..................................                0.1                0.1                 50
Crosswalk Cross Slope..................................                3.0                3.1                 25
                                                        --------------------------------------------------------

[[Page 53649]]

 
    Total Costs........................................              196.7              236.5  .................
----------------------------------------------------------------------------------------------------------------
Accessible Pedestrian Signals: Mobility Component......               68.9               83.5                 25
Roundabouts: Safety Component..........................                0.1                0.1                 25
On-Street Parking: Mobility Component..................              928.0            1,083.6                 20
Multiple Provisions: New Trips Value...................           14,479.3           19,575.3                 30
Multiple Provisions: Health Benefit....................               0.03               0.04                 30
                                                        --------------------------------------------------------
    Total Benefits.....................................           15,476.3           20,742.5  .................
----------------------------------------------------------------------------------------------------------------

B. Regulatory Flexibility Act

    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).
1. Statement of the Need for, and Objectives of, the Rule
    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 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.
    The Access Board is required to issue accessibility guidelines by 
the Americans with Disabilities Act (ADA) (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.
2. Statement of Significant Issues Raised by Public Comments in 
Response to the Initial Regulatory Flexibility Analysis
    The NPRM received 14 comments from entities considered ``small'', 
i.e., government entities with a population under 50,000. In these 
comments, the most common concern was about the cost of APS, although 
in at least some instances this was due to a misunderstanding that the 
final rule requires retrofitting equipment, which is not the case. This 
final rule applies only to new construction and alterations.
    Other comments asked clarifying questions about definitions and the 
applicability of the proposed rule, and one commentor explicitly 
supported the proposed rule in its entirety.
    The Access Board carefully considered all comments, including those 
from small government entities, and revised the final rule in light of 
those comments. No changes were made, however, that solely affect small 
government entities.
3. Response of the Agency to Any Comments Filed by the Chief Counsel 
for Advocacy of the Small Business Administration in Response to the 
Proposed Rule
    No comments were filed by the Chief Counsel for Advocacy of the 
Small Business Administration in response to the proposed rule.
4. 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.\20\ The total number of jurisdictions with populations 
under 50,000 is 36,931.
---------------------------------------------------------------------------

    \20\ Source: U.S. Census Bureau 2017 Census of Governments 
available at: https://www.census.gov/data/tables/2017/econ/gus/2017-governments.html.

----------------------------------------------------------------------------------------------------------------
                                                                                    Population      Population
                   Governmental jurisdictions                       Population       10,000 to       25,000 to
                                                                   under 10,000       24,999          49,999
----------------------------------------------------------------------------------------------------------------
County..........................................................             687             807             611
Municipal.......................................................          16,432           1,559             738
Town or Township................................................          14,997             784             316
                                                                 -----------------------------------------------
    Total.......................................................          32,206           3,150           1,665
----------------------------------------------------------------------------------------------------------------

    More than 65 percent of municipal governments (12,701) and almost 
75 percent of towns and townships (12,062) have a population of less 
than 2,500. Many of these small governmental jurisdictions are located 
in rural areas, which generally do not construct pedestrian 
transportation networks (e.g., sidewalks, pedestrian street crossings, 
and pedestrian signals).
    In addition, some jurisdictions do not have full responsibility for 
all rights-of-way within their town or county boundaries, and 
accordingly would only be affected by this final rule with respect to 
the right-of-way that is in their purview. For example, in Delaware, 
North Carolina, and West Virginia, the State DOT is responsible for the 
management of roadways, which means that small governmental 
jurisdictions in these states \21\ are less likely to be burdened by 
the final rule, as the State DOTs may be primarily

[[Page 53650]]

responsible for the affected infrastructure.
---------------------------------------------------------------------------

    \21\ There are 90 counties and 821 municipal governments with 
population under 50,000 per U.S. Census data in these three states.
---------------------------------------------------------------------------

5. Compliance Requirements
    The public rights-of-way accessibility guidelines address the 
design, construction, and alteration of pedestrian facilities in the 
public right-of-way, including sidewalks, crosswalks, pedestrian 
overpasses and underpasses, curb ramps and blended transitions at 
crosswalks, pedestrian signals, street furniture (i.e., drinking 
fountains, public toilet facilities, tables, counters, and benches), 
pedestrian signs, transit stops and transit shelters for buses and 
light rail vehicles, on-street parking that is marked or metered, and 
passenger loading zones. The Section-by-Section Analysis of the 
preamble describes the proposed accessibility guidelines. Compliance 
with the proposed accessibility guidelines is not mandatory until they 
are adopted, with or without additions and modifications, as 
accessibility standards by other Federal agencies. There are no 
reporting or recordkeeping requirements.
6. Significant Alternatives Which Minimize Any Significant Economic 
Impacts on Small Entities
    The regulatory assessment analyzes the following five requirements 
in the final rule that will have more than minimal impacts on state and 
local transportation departments:
     Accessible pedestrian signals and pedestrian pushbuttons 
required when pedestrian signals are newly installed or altered at 
signalized intersections. Accessible pedestrian signals and pedestrian 
pushbuttons communicate the 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.
     Pedestrian activated signals or raised crossings at 
roundabouts with 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 or raised crossings are required at 
roundabouts with pedestrian street crossings to facilitate crossing by 
pedestrians who are blind or have low vision. Some small governmental 
jurisdictions with a population less than 50,000 do construct 
roundabouts, and accordingly may be affected by this requirement, 
although they may only construct a small number of roundabouts.
     Accessible shared use paths located in the public right-
of-way. The shared use paths requirements that are likely to impose 
costs include those related to detectable warning surfaces, grade, and 
trail surface. The existing data suggests that shared use paths in 
small governmental jurisdictions are not necessarily any more or less 
compliant than all shared use paths in the U.S., suggesting that this 
will be an area of costs for small jurisdictions in line with the 
overall prevalence of shared use paths.
     One curb ramp per street crossing provided at each corner 
of intersections. Existing guidelines allow for a single diagonal curb 
ramp serving street crossings; however, the final rule will require two 
parallel or perpendicular curb ramps. There is no requirement where no 
pedestrian crossing exists.
     On-street parking must meet minimum thresholds for the 
number of accessible spaces per block perimeter or other location. On-
street parking is typically found along the curbside in retail, office, 
and mixed-use areas, but it is unknown how common this type of parking 
is in small governmental jurisdictions.
    There are no significant alternatives that will minimize any 
significant impacts of these requirements on small governmental 
jurisdictions and achieve the objectives of the ADA, Section 504 of the 
Rehabilitation Act, and the ABA 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.

C. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act does not apply to legislative or 
regulatory provisions that establish or enforce any ``statutory rights 
that prohibit discrimination on the basis of race, color, religion, 
sex, national origin, age, handicap, or disability.'' 2 U.S.C. 658a. 
Accordingly, it does not apply to this rulemaking.

D. Paperwork Reduction Act

    This regulation contains no information collection requirements 
subject to review by the Office of Management and Budget under the 
Paperwork Reduction Act. See 44 U.S.C. 3501, et seq.

E. Congressional Review Act

    To the extent this rule is subject to the Congressional Review Act, 
the Access Board has complied with its requirements by submitting this 
final rule to Congress and the Government Accountability Office prior 
to publication in the Federal Register.

F. Federalism (Executive Order 13132)

    The proposed rule adheres to the fundamental federalism principles 
and policy making criteria in Executive Order 13132. The portion of 
this rule applicable to state and local governments 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 
with disabilities than are afforded by this chapter.'' 42 U.S.C. 
12201(b). This rule is based largely 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.

List of Subjects in 36 CFR Part 1190

    Buildings and facilities, Civil rights, Federal buildings and 
facilities, Highways and roads, Individuals with disabilities, Parking, 
Rights-of-way, Transportation.

    Approved by vote of the Access Board on March 15, 2023.
Christopher Kuczynski,
General Counsel.


0
Accordingly, for the reasons set forth in the preamble, the Access 
Board adds 36 CFR part 1190 to read as follows:

PART 1190--ACCESSIBILITY GUIDELINES FOR PEDESTRIAN FACILITIES IN 
THE PUBLIC RIGHT-OF-WAY

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; 42 U.S.C. 12204; 42 U.S.C. 4151 et 
seq.


Sec.  1190.1  Accessibility Guidelines.

    The accessibility guidelines for pedestrian facilities in the 
public right-

[[Page 53651]]

of-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.

Appendix to Part 1190--Accessibility Guidelines for Pedestrian 
Facilities in the Public Right-of-Way

Chapter 1: Application and Administration

R101 Purpose and Application

    R101.1 Purpose. These guidelines contain scoping and technical 
requirements to ensure that pedestrian facilities located in the 
public right-of-way (including a public right-of-way that forms the 
boundary of a site or that lies within a site bounded by a property 
line), are readily accessible to and usable by pedestrians with 
disabilities.
    R101.2 Application to ADA-Covered Facilities. These guidelines 
apply to pedestrian facilities in public rights-of-way to the extent 
required by regulations issued by Federal agencies under the 
Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101 
et seq.) (ADA).
    R101.3 Application to ABA-Covered Facilities. These guidelines 
apply to pedestrian facilities in public rights-of-way to the extent 
required by regulations issued by Federal agencies under the 
Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) (ABA).
    R101.4 Effect on Existing Pedestrian Facilities. These 
guidelines do not address existing pedestrian facilities unless the 
pedestrian facilities are altered at the discretion of a covered 
entity. The Department of Justice has authority over existing 
facilities that are subject to the requirement for program access 
under title II of the ADA. Any determination that this document 
applies to existing facilities subject to the program access 
requirement is solely within the discretion of the Department of 
Justice and is effective only to the extent required by regulations 
issued by the Department of Justice.

R102 Deviations From These Guidelines

    R102.1 ADA-Covered Facilities and Equivalent Facilitation. The 
use of alternative designs, products, or technologies that result in 
substantially equivalent or greater accessibility and usability than 
the requirements in these guidelines shall be permitted for 
pedestrian facilities in the public right-of-way subject to the ADA.
    R102.2 ABA-Covered Facilities and Waivers or Modifications. 
Equivalent facilitation is not permitted for pedestrian facilities 
in the public right-of-way subject to the ABA. The ABA authorizes 
the Administrator of the General Services Administration, the 
Secretary of the Department of Housing and Urban Development, the 
Secretary of the Department of Defense, and the United States Postal 
Service to modify or waive the accessibility standards for buildings 
and facilities covered by the ABA on a case-by-case basis, upon 
application made by the head of the department, agency, or 
instrumentality of the United States concerned and upon a 
determination that the waiver is clearly necessary. Pursuant to 
Section 502(b)(1) of the Rehabilitation Act of 1973, 29 U.S.C. 
792(b), the Access Board shall ensure that modifications and waivers 
are based on findings of fact and are not inconsistent with the ABA.

R103 Conventions

    R103.1 Conventional Industry Tolerances. All dimensions are 
subject to conventional industry tolerances except where 
requirements are stated as a range with specific minimum or maximum 
endpoints.
    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 
provided.
    R103.3 Units of Measurement. Measurements are stated in U.S. 
customary units and metric units. The values stated in each system 
(U.S. customary units and metric units) may not be exact 
equivalents, and each system shall be used independently of the 
other. Slopes are expressed in terms of both ratios and percentages. 
Ratios and percentages may not be exact equivalents, and each shall 
be used independently of the other.

R104 Definitions

    R104.1 Undefined Terms. Terms that are not defined in R104.3 or 
in regulations issued by the Department of Justice and the 
Department of Transportation under the ADA, the four standard 
setting agencies under the ABA or other Federal agencies that adopt 
these guidelines as accessibility standards shall be given their 
ordinarily accepted meaning in the sense that the context implies.
    R104.2 Interchangeability. Words, terms, and phrases used in the 
singular include the plural and those used in the plural include the 
singular.
    R104.3 Defined Terms. For the purpose of these guidelines, the 
following terms have the indicated meaning:
    Accessible. A pedestrian facility or element in the public 
right-of-way that complies with these guidelines.
    Accessible Pedestrian Signal. A device that communicates 
information about pedestrian signal timing in non-visual formats 
such as audible tones or speech messages, and vibrating surfaces.
    Alteration or altered. A change to or an addition of a 
pedestrian facility in an existing, developed public right-of-way 
that affects or could affect pedestrian access, circulation, or 
usability.
    Blended Transition. A wraparound connection at a corner, or a 
flush connection where there is no curb to cut through, other than a 
curb ramp.
    Block Perimeter. The near side of the streets surrounding a 
block. For example, on a square block bounded by Main Street to the 
south, Pine Street to the north, 1st Street to the east, and 2nd 
Street to the west, the block perimeter includes the north side of 
Main Street, the south side of Pine Street, the west side of 1st 
Street, and the east side of 2nd Street.
    Boarding Platform. A platform raised above standard curb height 
used for transit vehicle boarding and alighting.
    Building. Any structure used or intended for supporting or 
sheltering any use or occupancy.
    Crosswalk. That part of a roadway that is located at an 
intersection included within the connections of the lateral lines of 
the pedestrian circulation paths on opposite sides of the highway 
measured from the curbs, or in the absence of curbs, from the edges 
of the traversable roadway, and in the absence of a pedestrian 
circulation path on one side of the roadway, the part of a roadway 
included within the extension of the lateral lines of the pedestrian 
circulation path at right angles to the center line; or at any 
portion of a roadway at an intersection or elsewhere distinctly 
indicated as a pedestrian crossing by pavement marking lines on the 
surface. Crosswalks at intersections may be marked or unmarked.
    Cross Slope. The slope that is perpendicular to the direction of 
pedestrian travel.
    Curb. A raised feature along the side of a street that 
delineates the edge of the roadway or pedestrian circulation path.
    Curb Line. A line at the face of the curb that marks the 
transition between the curb and the gutter or street.
    Curb Ramp. A sloped connection that is cut through or built up 
to a curb. Curb ramps may be perpendicular or parallel to the curb 
or to the street they serve or be a combination thereof.
    Detectable Warning Surface. A standardized surface feature built 
in or applied to pedestrian circulation paths and other pedestrian 
facilities to warn of hazards.
    Developed. Containing buildings, pedestrian facilities, 
roadways, utilities, or elements.
    Element. An architectural or mechanical component of a building, 
pedestrian facility, space, site, or public right-of-way.
    Grade. See Running slope.
    Grade Break. The line where two surface planes with different 
running slopes meet.
    Highway. A general term denoting a public way for purposes of 
vehicular travel, including the entire area within the public right-
of-way.
    Median. The area between two roadways of a divided highway 
measured from edge of traveled way to edge of traveled way. The 
median excludes turn lanes. The median width might be different 
between intersections, interchanges, and at opposite approaches of 
the same intersection.
    Operable Part. A component of an element used to insert or 
withdraw objects, or to activate, deactivate, or adjust the element, 
or to interact with the element.
    Parallel Curb Ramp. A curb ramp with a running slope that is 
parallel to the curb or street it serves.
    Passenger Loading Zone. An area that is specifically designed or 
designated for

[[Page 53652]]

loading and unloading passengers, but that does not primarily serve 
vehicles on a fixed or scheduled route.
    Pedestrian. A person on foot, travelling by wheelchair or other 
mobility device, on skates, or on a skateboard.
    Pedestrian Access Route. An accessible, continuous, and 
unobstructed path of travel for use by pedestrians with disabilities 
within a pedestrian circulation path.
    Pedestrian Activated Warning Devices. Devices that are installed 
in conjunction with a warning sign and are activated to alert 
vehicle operators to the presence of a pedestrian, such as 
rectangular rapid flashing beacons.
    Pedestrian Change Interval. An interval during which the 
flashing upraised hand (symbolizing ``don't walk'') signal 
indication is displayed.
    Pedestrian Circulation Path. A prepared exterior or interior 
surface provided for pedestrian use in the public right-of-way.
    Pedestrian Facility. A structure, route, or space for pedestrian 
circulation or use located in the public right-of-way.
    Pedestrian Hybrid Beacon. A special type of hybrid beacon used 
to warn and control traffic at an unsignalized location to assist 
pedestrians in crossing a street at a marked crosswalk.
    Pedestrian Refuge Island. A defined area 72 inches (1828 mm) 
long minimum in the direction of pedestrian travel located between 
traffic lanes for pedestrian refuge within a median, splitter 
island, or channelizing island.
    Pedestrian Signal Head. A device containing the walking person 
symbol (symbolizing ``walk'') and the upraised hand symbol 
(symbolizing ``don't walk''), that is installed to direct pedestrian 
traffic at a crosswalk.
    Perpendicular Curb Ramp. A curb ramp with a running slope that 
is perpendicular to the curb or the street it serves.
    Public Right-of-Way. Public land acquired for or dedicated to 
transportation purposes, or other land where there is a legally 
established right for use by the public for transportation purposes.
    Push Button. A button to activate a device or signal timing for 
pedestrians, bicyclists, or others crossing a roadway.
    Push Button Locator Tone. A repeating sound that informs 
approaching pedestrians that a push button exists to actuate 
pedestrian timing or receive additional information and that enables 
pedestrians who are blind or have low vision to locate the push 
button.
    Qualified Historic Building or Facility. A building or 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.
    Ramp. A sloped walking surface with a running slope steeper than 
1:20 (5.0%) that accomplishes a change in level and is not part of a 
pedestrian circulation path that follows the roadway grade. A curb 
ramp is not a ramp.
    Roadway. That portion of a highway improved, designed, or 
ordinarily used for vehicular travel and parking lanes, but 
exclusive of the sidewalk, berm, or shoulder.
    Roundabout. A circular intersection with yield control at entry, 
which permits a vehicle on a circular roadway to proceed, and with 
deflection of the approaching vehicle counterclockwise around a 
central island.
    Running Slope. The slope that is parallel to the direction of 
pedestrian travel.
    Shared Use Path. A multi-use path designed primarily for use by 
bicyclists, pedestrians, and other authorized motorized and non-
motorized users, for transportation purposes, and that may also be 
used for recreation. Shared use paths are physically separated from 
motor vehicle traffic by an open space or barrier and are either 
within the highway or other public right-of-way.
    Sidewalk. That portion of a highway between the curb line, or 
the lateral line of a roadway, and the adjacent property line, or on 
easements of private property, that is paved or improved and 
intended for use by pedestrians.
    Splitter Island. A median island used to separate opposing 
directions of traffic entering and exiting a roundabout.
    Stair. A change in elevation comprised of at least one tread and 
riser. A curb is not a stair.
    Standard Curb Height. The typical height of a curb according to 
local standards for a given road type, but usually between 3 inches 
(75 mm) and 9 inches (230 mm) high relative to the surface of the 
roadway or gutter.
    Street. See Roadway.
    Transit Shelter. A structure provided at a transit stop to 
provide passengers protection from the weather.
    Transit Stop. An area that is designated for passengers to board 
or alight from buses, rail cars, and other transportation vehicles 
that operate on a fixed route or scheduled route, including bus 
stops and boarding platforms. This definition does not include 
intercity rail except where a stop is located in the public right-
of-way.
    Transitional Segment. The portion of a pedestrian circulation 
path that connects adjacent surfaces with different slopes or 
dimensions to provide a smooth transition.
    Traveled Way. The portion of the roadway for the movement of 
vehicles, exclusive of the shoulder, berm, sidewalk, and parking 
lane.
    Vibrotactile. A method of communicating information by touch 
using a vibrating surface.
    Walk Interval. An interval during which the walking person 
(symbolizing ``walk'') signal indication is displayed.

Chapter 2: Scoping Requirements

R201 General

    R201.1 Scope. All newly constructed pedestrian facilities and 
altered portions of existing pedestrian facilities for pedestrian 
circulation and use located in the public right-of-way shall comply 
with these guidelines.
    Exception: Pedestrian facilities within vaults, tunnels, and 
other spaces used only by service personnel for maintenance, repair, 
or monitoring of equipment are not required to comply with these 
guidelines.
    R201.2 Temporary and Permanent Pedestrian Facilities. The 
requirements in these guidelines shall apply to temporary and 
permanent pedestrian facilities and elements in the public right-of-
way. Where a pedestrian circulation path or transit stop is 
temporarily closed by construction, maintenance operations, or 
similar conditions, an alternate pedestrian access route or transit 
stop shall be provided in accordance with R204.
    R201.3 Buildings, Structures, and Elements. Buildings, 
structures, and elements in the public right-of-way that are not 
covered by the requirements in these guidelines shall comply with 
the applicable requirements in 36 CFR part 1191 (ADA & ABA 
Accessibility Guidelines). Examples include, but are not limited to, 
buildings, structures, and elements at safety rest areas or park and 
ride lots, temporary performance stages and reviewing stands.

R202 Alterations

    R202.1 General. Alterations to pedestrian facilities shall 
comply with R202.
    R202.2 Connection to Pedestrian Circulation Path. Where 
pedestrian facilities are altered, they shall be connected by a 
pedestrian access route complying with R302 to an existing 
pedestrian circulation path. A transitional segment may be used in 
the connection.
    R202.3 Existing Physical Constraints. In alterations, where 
existing physical constraints make compliance with applicable 
requirements technically infeasible, compliance with these 
requirements is required to the maximum extent feasible. Existing 
physical constraints include, but are not limited to, underlying 
terrain, underground structures, adjacent developed facilities, 
drainage, or the presence of a significant natural or historic 
feature.
    R202.4 Reduction in Access Prohibited. An alteration to 
pedestrian facilities or elements shall not decrease the 
accessibility of an existing pedestrian facility or element or an 
accessible connection to an adjacent building or site below the 
requirements in these guidelines.
    R202.5 Alterations to Qualified Historic Facilities. Where the 
State Historic Preservation Officer or Advisory Council on Historic 
Preservation determines that compliance with an applicable 
requirement of these guidelines would threaten or destroy the 
historic significance of a qualified historic building or facility, 
compliance with that requirement is required to the maximum extent 
feasible without threatening or destroying the historic significance 
of the qualified historic building or facility.

R203 Pedestrian Access Routes

    R203.1 General. Where provided, the pedestrian facilities 
addressed in R203 shall contain or connect a pedestrian access 
route, and shall comply with these guidelines.
    R203.2 Connection to Accessible Facilities. Pedestrian access 
routes shall connect accessible elements, spaces, and pedestrian 
facilities in accordance with R203.2.
    R203.2.1 Connection to Accessible Facilities subject to the ADA. 
Pedestrian access routes subject to the ADA shall connect accessible 
elements, spaces, and

[[Page 53653]]

pedestrian facilities required to be accessible and connect to 
accessible routes required by section 206.2.1 of appendix B to 36 
CFR part 1191 (ADA & ABA Accessibility Guidelines) that connect 
building and facility entrances to public streets and sidewalks.
    Exception: Where elements are altered, on or adjacent to an 
existing pedestrian circulation path, the existing pedestrian 
circulation path need not be altered to provide a pedestrian access 
route complying with R202.2.
    R203.2.2 Connection to Accessible Facilities subject to the ABA. 
Pedestrian access routes subject to the ABA shall connect accessible 
elements, spaces, and pedestrian facilities required to be 
accessible and connect to accessible routes required by section 
F206.2.1 of appendix C to 36 CFR part 1191 (ADA & ABA Accessibility 
Guidelines) that connect building and facility entrances to public 
streets and sidewalks.
    Exception: Where elements are altered, on or adjacent to an 
existing pedestrian circulation path, the existing pedestrian 
circulation path need not be altered to provide a pedestrian access 
route complying with R202.2.
    R203.3 Pedestrian Circulation Paths. Pedestrian access routes 
complying with R302 shall be provided within pedestrian circulation 
paths, including sidewalks and shared use paths. Transitional 
segments may be used to connect new or altered pedestrian access 
routes to existing pedestrian circulation paths, and the differences 
between adjacent surface characteristics shall be minimized to 
provide a smooth transition.
    R203.4 Crosswalks. A pedestrian access route complying with R302 
shall be provided within and for the full length of a crosswalk, 
including medians and pedestrian refuge islands. Crosswalks shall 
comply with R306.
    R203.5 Pedestrian At-Grade Rail Crossing. Where a pedestrian 
circulation path crosses at-grade rail tracks, a pedestrian access 
route complying with R302 shall be included within the pedestrian 
at-grade rail crossing. Pedestrian at-grade rail crossings shall 
comply with R306.
    R203.6 Curb Ramps and Blended Transitions. A curb ramp, blended 
transition, or a combination of curb ramps and blended transitions 
shall be provided in accordance with R203.6 and shall comply with 
R304.
    R203.6.1 Placement. Placement of curb ramps and blended 
transitions shall comply with R203.6.1.
    R203.6.1.1 Crosswalks at an Intersection. At an intersection 
corner, one curb ramp or blended transition shall be provided for 
each crosswalk, or a single blended transition that spans all 
crosswalks at the intersection corner may be provided. Where 
pedestrian crossing is prohibited, curb ramps or blended transitions 
shall not be provided, and the pedestrian circulation path shall be 
either (a) separated from the roadway with landscaping or other non-
prepared surface or (b) separated from the roadway by a detectable 
vertical edge treatment with a bottom edge 15 inches maximum above 
the pedestrian circulation path.
    Exception: In alterations, where existing physical constraints 
make compliance with R203.6.1.1 technically infeasible, a single 
curb ramp complying with R304 shall be permitted at the apex of the 
intersection corner.
    R203.6.1.2 Mid-Block and Roundabout Crosswalks. At a mid-block 
or roundabout crosswalk, curb ramps or blended transitions shall be 
provided on both ends of the crosswalk. Where pedestrian crossing is 
not intended, curb ramps or blended transitions shall not be 
provided, and the pedestrian circulation path shall be either (a) 
separated from the roadway with landscaping or other non-prepared 
surface or (b) separated from the roadway by a detectable vertical 
edge treatment with a bottom edge 15 inches maximum above the 
pedestrian circulation path.
    R203.6.1.3 Parallel On-Street Parking. At parallel on-street 
parking spaces complying with the dimensions specified in R310.2.1, 
a curb ramp or blended transition shall be provided at either end of 
the parking space if needed to connect the parking space to a 
pedestrian access route.
    R203.6.1.4 Perpendicular and Angled On-Street Parking and 
Passenger Loading Zones. At perpendicular and angled on-street 
parking spaces, and at passenger loading zones, a curb ramp or 
blended transition shall be provided if needed to connect the access 
aisle to a pedestrian access route.
    R203.6.2 Alterations to Crosswalks. When alterations are made to 
crosswalks, curb ramps or blended transitions shall be provided on 
both ends of the crosswalk where the pedestrian access route crosses 
a curb.
    R203.7 Pedestrian Overpasses and Underpasses. Pedestrian 
overpasses and underpasses shall contain a pedestrian access route 
complying with R302. Where an overpass, underpass, bridge, or 
similar structure is designed for pedestrian use only, or pedestrian 
and bicycle use only, and the approach slope to the structure 
exceeds 1:20 (5.0%), a ramp complying with R407, or an elevator or 
limited use/limited application elevator complying with sections 407 
or 408 of Appendix D to 36 CFR part 1191 (ADA & ABA Accessibility 
Guidelines), shall be provided. Elevators and limited use/limited 
application elevators shall be unlocked and independently usable 
during the operating hours of the pedestrian facility served.
    Exception: In alterations, where existing physical constraints 
make compliance with R203.7 technically infeasible, a platform lift 
complying with section 410 of Appendix D to 36 CFR part 1191 (ADA & 
ABA Accessibility Guidelines) shall be permitted.
    R203.8 Ramps. Where provided, ramps shall comply with R407.
    R203.9. Elevators and Limited Use/Limited Application Elevators. 
Where provided, elevators and limited use/limited application 
elevators shall comply with sections 407 or 408 of Appendix D to 36 
CFR part 1191 (ADA & ABA Accessibility Guidelines).
    R203.10 Platform Lifts. In alterations, where the use of 
elevators or limited use elevators is not technically feasible, 
platform lifts may be used and shall comply with section 410 of 
Appendix D to 36 CFR part 1191 (ADA & ABA Accessibility Guidelines).
    R203.11 Doors, Doorways, and Gates. Doors, doorways, and gates 
that are part of a pedestrian access route shall comply with section 
404 of Appendix D to 36 CFR part 1191 (ADA & ABA Accessibility 
Guidelines).

R204 Alternate Pedestrian Access Routes, Transit Stops, and 
Passenger Loading Zones

    R204.1 Alternate Pedestrian Access Route. When a pedestrian 
circulation path is temporarily not accessible due to construction, 
maintenance operations, closure, or other similar conditions, an 
alternate pedestrian access route must be provided and comply with 
R303 and R402.
    Exception: If establishing or maintaining an alternate 
pedestrian access route is technically infeasible due to site 
conditions or existing physical constraints, an alternate means of 
providing access for pedestrians with disabilities shall be 
permitted.
    R204.2 Alternate Transit Stops. Where accessible transit stops 
are temporarily not accessible due to construction, maintenance 
operations, or other similar conditions, alternate transit stops 
complying with R309 shall be provided.
    R204.3 Alternate Passenger Loading Zones. Where a permanently 
designated passenger loading zone is temporarily not accessible due 
to construction, maintenance operations, or other similar 
conditions, and a temporary passenger loading zone is provided, it 
must comply with R311.

R205 Detectable Warning Surfaces

    R205.1 General. Detectable warning surfaces shall be provided in 
accordance with R205.
    R205.2 Curb Ramps and Blended Transitions. Curb ramps shall have 
detectable warning surfaces complying with R205.2.1. Blended 
transitions shall have detectable warning surfaces complying with 
R205.2.2.
    Exception: Detectable warning surfaces are not required on curb 
ramps and blended transitions used exclusively to connect passenger 
loading zones, accessible parallel on-street parking spaces, and 
access aisles for perpendicular and angled parking spaces to 
pedestrian access routes.
    R205.2.1 Curb Ramps. Curb ramps located at crosswalks shall have 
detectable warning surfaces complying with R305.1 and either 
R305.2.1 or R305.2.2.
    R205.2.2 Blended Transitions. Blended transitions located at 
crosswalks shall have detectable warning surfaces complying with 
R305.1 and R305.2.3.
    R205.3 Pedestrian Refuge Islands. Cut-through pedestrian refuge 
islands shall have detectable warning surfaces complying with R305.1 
and R305.2.4.
    R205.4 Pedestrian At-Grade Rail Crossings. Pedestrian at-grade 
rail crossings not located within a street shall have detectable 
warning surfaces complying with R305.1 and R305.2.5. Pedestrian at-
grade rail crossings located within a street at a crosswalk shall 
not have detectable warning surfaces adjacent to the railway.
    R205.5 Boarding Platforms. Boarding platforms at transit stops 
that are not protected by screens or guards along the sides of the 
boarding and alighting areas facing the transit vehicles shall have 
detectable warning surfaces complying with R305.1 and R305.2.6.

[[Page 53654]]

    R205.6 Sidewalk and Street-Level Rail Boarding and Alighting 
Areas. Boarding and alighting areas at sidewalk or street-level 
transit stops for rail vehicles that are not protected by screens or 
guards along the side of the boarding and alighting areas facing the 
rail vehicles shall have detectable warning surfaces complying with 
R305.1 and R305.2.7.
    R205.7 Driveways. Pedestrian circulation paths at driveways 
controlled with yield or stop control devices or traffic signals 
shall have detectable warning surfaces complying with R305.2.8.

R206 Pedestrian Signal Heads and Pedestrian Activated Warning 
Devices

    R206.1 General. Where provided, pedestrian signal heads and 
pedestrian activated warning devices shall comply with R206. The 
accessible features required by these guidelines shall be available 
at all times.
    R206.2 Traffic Control Signals and Hybrid Beacons with 
Pedestrian Signal Heads. Where pedestrian signal heads are provided 
at crosswalks, the walk indication shall comply with R308. 
Pedestrian signal heads must have a pedestrian push button complying 
with R307, except for R307.7, or passive detection or pretimed 
operation that activates audible and vibrotactile indications 
complying with R308.
    R206.3 Pedestrian Activated Warning Devices. Pedestrian 
activated warning devices shall have pedestrian push buttons 
complying with R307, except for R307.2 and R307.6, or passive 
detection that operates audible indications complying with R307.7.

R207 Protruding Objects and Vertical Clearance

    R207.1 General. Protruding objects and vertical clearance along 
any portion of a pedestrian circulation path shall comply with R402.

R208 Pedestrian Signs

    R208.1 General. Where provided, signs intended solely for 
pedestrians, including transit signs, and all signs serving shared 
use paths, shall comply with R410.
    Exceptions: 1. Transit schedules, timetables, and maps are not 
required to comply with R410.
    2. Signs mounted immediately above or incorporated into a push 
button detector unit are not required to comply with R410.

R209 Street Furniture

    R209.1 General. Where provided, street furniture shall comply 
with the applicable requirements in R209.
    R209.2 Drinking Fountains. Drinking fountains shall comply with 
sections 602.1 through 602.6 of Appendix D to 36 CFR part 1191 (ADA 
& ABA Accessibility Guidelines).
    R209.3 Public Street Toilets. Public street toilets shall be 
provided in accordance with R209.3.
    R209.3.1 Permanent Public Street Toilets. Permanent public 
street toilets shall comply with sections 603 through 610 of 
Appendix D to 36 CFR part 1191 (ADA & ABA Accessibility Guidelines).
    R209.3.2 Portable Toilet Units. Portable toilet units shall 
comply with section 603 of Appendix D to 36 CFR part 1191 (ADA & ABA 
Accessibility Guidelines). Where multiple single user portable 
toilet units are clustered at a single location, at least 5 percent, 
but no fewer than one of each type of the toilet units at each 
cluster shall be required to comply with 603 Appendix D to 36 CFR 
part 1191 (ADA & ABA Accessibility Guidelines). Portable toilet 
units complying with section 603 shall be identified by the 
International Symbol of Accessibility complying with R411.
    R209.4 Tables. At least 5 percent of tables at each group of 
adjacent tables, but no fewer than one, shall comply with section 
902 of Appendix D to 36 CFR part 1191 (ADA & ABA Accessibility 
Guidelines).
    R209.5 Sales or Service Counters. Sales or service counters 
shall comply with section 904.4 of Appendix D to 36 CFR part 1191 
(ADA & ABA Accessibility Guidelines).
    Exception 1: Sales or service counters that are located in a 
building subject to the ADA that is not itself in the public right-
of-way but that directly serve the public right-of-way, such as at a 
service window accessed from the sidewalk, may comply with section 
227.3 of Appendix B to 36 CFR part 1191 (ADA & ABA Accessibility 
Guidelines).
    Exception 2: Sales or service counters that are located in a 
building subject to the ABA that is not itself in the public right-
of-way but that directly serve the public right-of-way, such as at a 
service window accessed from the sidewalk, may comply with section 
F227.3 of Appendix C to 36 CFR part 1191 (ADA & ABA Accessibility 
Guidelines).
    R209.6 Benches. Benches, other than those that are part of 
tables complying with R209.4, shall comply with R209.6.
    R209.6.1 Benches at Transit Stops and Shelters. Benches provided 
at transit stops shall have clear space complying with R404 next to 
either end of the bench, or if the bench has no end, such as a 
circular bench, the clear space shall either be integral to the 
bench or no more than 18 inches (455 mm) from the front of the 
bench. Benches provided within transit shelters shall have clear 
space complying with R309.2.2.
    R209.6.2 Benches Not at Transit Stops and Shelters. At least 50 
percent, but no less than one, of benches at each group of adjacent 
benches shall provide clear space complying with R404. The clear 
space shall be located next to either end of the bench, or if the 
bench has no end, such as a circular bench, the clear space shall 
either be integral to the bench or no more than 18 inches (455 mm) 
from the front of the bench.
    R209.7 Operable Parts of Other Fixed Elements. Operable parts of 
other fixed elements to be used by pedestrians shall comply with 
R403.

R210 Transit Stops and Transit Shelters

    R210.1 General. Where provided, transit stops and transit 
shelters shall comply with R309.
    R210.2 Fare Vending Machines. Where provided at transit stops 
and transit shelters, fare vending machines shall comply with R403 
and section 707 of Appendix D to 36 CFR part 1191 (ADA & ABA 
Accessibility Guidelines), except for 707.2 and 707.3.
    R210.3. Operable Parts of Other Fixed Elements. Operable parts 
of other fixed elements at transit stops and shelters intended to be 
used by pedestrians shall comply with R403.

R211 On-Street Parking Spaces

    R211.1 General. Where on-street parking is provided and is 
metered or designated by signs or pavement markings, accessible 
parking spaces complying with R310 shall be provided in accordance 
with R211 and Table R211.
    Exceptions: 1. On-street parking spaces designated exclusively 
as residential parking shall not be required to comply with R211 and 
shall not be counted for purposes of Table R211.
    2. On-street parking spaces designated exclusively for 
commercial or law enforcement vehicles shall not be required to 
comply with R211 and shall not be counted for purposes of Table 
R211.
    3. Where on-street parking spaces are altered, the requirements 
of R211 shall apply only to the affected parking spaces until the 
minimum number of accessible on-street parking spaces as specified 
in Table R211 are provided.
    R211.2 Parking on Block Perimeter. Where parking spaces are 
provided on a block perimeter and are metered or designated by signs 
or pavement markings, accessible parking spaces complying with R310 
shall be provided in accordance with Table R211. Where parking is 
metered or designated by signs or pavement markings, but individual 
spaces are not marked, each 20 feet (6.1 m) of block perimeter where 
parking is designated shall be counted as one parking space.
    R211.3 Parking not on Block Perimeter. Where parking spaces are 
provided on a section of a street that is not part of a block 
perimeter, accessible parking spaces complying with R310 shall be 
provided in accordance with Table R211. Where parking is metered or 
designated by signs or pavement markings, but individual spaces are 
not marked, each 20 feet (6.1 m) of street where parking is 
designated shall be counted as one parking space.

                   Table R211 On-Street Parking Spaces
------------------------------------------------------------------------
     Total number of metered or           Minimum required number of
      designated parking spaces            accessible parking spaces
------------------------------------------------------------------------
1 to 25.............................  1.
26 to 50............................  2.
51 to 75............................  3.
76 to 100...........................  4.
101 to 150..........................  5.
151 to 200..........................  6.
201 and over........................  4 percent of total.
------------------------------------------------------------------------

R212 Passenger Loading Zones

    R212.1 General. Where permanently designated passenger loading 
zones other than transit stops are provided, at least one accessible 
passenger loading zone complying with R311 shall be provided in 
every continuous 100 feet (30 m) of loading zone space, or fraction 
thereof.

[[Page 53655]]

R213 Stairs and Escalators

    R213.1 General. Where provided on pedestrian circulation paths, 
stairs shall comply with R408 and escalators shall comply with 
section 810.9 of Appendix D to 36 CFR part 1191 (ADA & ABA 
Accessibility Guidelines). Stairs and escalators shall not be part 
of pedestrian access routes.

R214 Handrails

    R214.1 General. Where provided on pedestrian circulation paths, 
handrails shall comply with R409.

Chapter 3: 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 these guidelines.

R302 Pedestrian Access Routes

    R302.1 General. Pedestrian access routes shall comply with R302.
    R302.2 Continuous Clear Width. Except as provided in R302.2.1 
and R302.2.2, the continuous clear width of pedestrian access routes 
shall be 48 inches (1220 mm) minimum, exclusive of the width of any 
curb.
    R302.2.1 Medians and Pedestrian Refuge Islands. The clear width 
of pedestrian access routes crossing medians and pedestrian refuge 
islands shall be 60 inches (1525 mm) minimum, except that where 
shared use paths cross medians and pedestrian refuge islands the 
clear width of the pedestrian access route shall be 60 inches (1525 
mm) minimum or at least as wide as the crosswalk, whichever is 
greater.
    R302.2.2 Shared Use Paths. On shared use paths, the clear width 
of the pedestrian access route shall extend the full width provided 
for pedestrian circulation on the path. Obstructions, such as 
bollards, shall not reduce the clear width of the pedestrian access 
route to less than 48 inches (1220 mm) measured from the edge of the 
obstruction.
    R302.3 Passing Spaces. Where the clear width of pedestrian 
access routes is less than 60 inches (1525 mm), passing spaces shall 
be provided at intervals of 200 feet (61 m) maximum. Passing spaces 
shall be 60 inches (1525 mm) minimum by 60 inches (1525 mm) minimum. 
Passing spaces and pedestrian access routes are permitted to 
overlap.
    R302.4 Grade. The grade of pedestrian access routes shall comply 
with R302.4, except the grade of curb ramps and blended transitions 
shall comply with R304 and the grade of ramps shall comply with 
R407.
    R302.4.1 Within Highway Right-of-Way. Except as provided in 
R302.4.3, where a pedestrian access route is contained within a 
highway right-of-way, the grade of the pedestrian access route shall 
not exceed 1:20 (5.0%).
    Exception: Where the grade established for the adjacent street 
exceeds 1:20 (5.0%), the grade of the pedestrian access route shall 
not exceed the grade established for the adjacent street.
    R302.4.2 Not Within Highway Right-of-Way. Where a pedestrian 
access route is not contained within a highway right-of-way, the 
grade of the pedestrian access route shall not exceed 1:20 (5.0%).
    R302.4.3 Within a Crosswalk. Where a pedestrian access route is 
contained within a crosswalk, the grade of the pedestrian access 
route shall be 1:20 (5.0%) maximum.
    Exception: Where roadway design requires superelevation greater 
than 1:20 (5.0%) at the location of a crosswalk, the grade of the 
pedestrian access route within the crosswalk may be the same as the 
superelevation.
    R302.5 Cross Slope. The cross slope of a pedestrian access route 
shall comply with R302.5.
    R302.5.1 Not Contained Within a Crosswalk. The cross slope of a 
pedestrian access route not contained within a crosswalk shall be 
1:48 (2.1%) maximum.
    Exception: The portion of a pedestrian access route within a 
street that connects an accessible parallel on-street parking space 
to the nearest crosswalk at the end of the block face or the nearest 
midblock crosswalk is not required to comply with R302.5.
    R302.5.2 Contained Within a Crosswalk. The cross slope of a 
pedestrian access route contained within a crosswalk shall comply 
with R302.5.2.
    R302.5.2.1 Crosswalk with Yield or Stop Control Devices. Where a 
pedestrian access route is contained within a crosswalk at an 
intersection approach with yield or stop control devices, the cross 
slope of the pedestrian access route shall be 1:48 (2.1%) maximum.
    R302.5.2.2 Crosswalk at Uncontrolled Approach. Where a 
pedestrian access route is contained within a crosswalk at an 
uncontrolled approach, the cross slope of the pedestrian access 
route shall be 1:20 (5.0%) maximum.
    R302.5.2.3 Crosswalk with Traffic Control Signal or Pedestrian 
Hybrid Beacon. Where a pedestrian access route is contained within a 
crosswalk at an intersection approach controlled by a traffic 
control signal or pedestrian hybrid beacon, the cross slope of the 
pedestrian access route shall be 1:20 (5.0%) maximum.
    R302.5.2.4 Midblock and Roundabout Crosswalks. The cross slope 
of a pedestrian access route within a midblock crosswalk or a 
crosswalk at a roundabout shall not exceed the street grade.
    R302.6 Surfaces. The walking surfaces of pedestrian access 
routes, elements, and spaces that are required to be accessible 
shall be stable, firm, and slip resistant and shall comply with 
R302.6.
    R302.6.1 Grade Breaks. Grade breaks shall be flush.
    R302.6.2 Changes in Level. Changes in level of \1/4\ inch (6.4 
mm) maximum shall be permitted to be vertical. Changes in level 
between \1/4\ inch (6.4 mm) and \1/2\ inch (13 mm) shall be beveled 
with a slope not steeper than 1:2 (50.0%). Changes in level greater 
than \1/2\ inch (13 mm) up to 6 inches shall have a 1:12 (8.3%) 
maximum slope. Changes in level greater than 6 inches (150 mm) shall 
comply with R407.
    R302.6.3 Horizontal Openings. Horizontal openings in ground 
surfaces, such as those in gratings and joints, other than flangeway 
gaps (see R302.6.4), shall not allow passage of a sphere larger than 
\1/2\ inch (13 mm) in diameter. Except where multiple directions of 
travel intersect, elongated openings are permitted and shall be 
placed so that the long dimension is perpendicular to the dominant 
direction of travel.
    R302.6.4 Surfaces at Pedestrian At-Grade Rail Crossings. 
Surfaces at pedestrian at-grade rail crossings shall comply with 
R302.6.4.
    R302.6.4.1 Surface Alignment. Where a pedestrian access route 
crosses 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.
    R302.6.4.2 Flangeway Gaps. Flangeway gaps shall comply with 
R302.6.4.2.
    R302.6.4.2.1 Flangeway Gaps at Tracks Subject to FRA Safety 
Regulations. At pedestrian at-grade rail crossings that cross tracks 
that are subject to safety regulations at 49 CFR part 213, issued by 
the Federal Railroad Administration, flangeway gaps shall be 3 
inches (75 mm) wide maximum.
    R302.6.4.2.2 Flangeway Gaps at Tracks Not Subject to FRA Safety 
Regulations. At pedestrian at-grade rail crossings that cross tracks 
that are not subject to safety regulations at 49 CFR part 213, 
issued by the Federal Railroad Administration, flangeway gaps shall 
be 2 \1/2\ inches (64 mm) wide maximum.

R303 Alternate Pedestrian Access Routes

    R303.1 General. Alternate pedestrian access routes shall comply 
with R303.
    R303.2 Signs. Signs identifying alternate pedestrian access 
routes shall be provided in advance of decision points and shall 
comply with R410. Proximity actuated audible signs or other non-
visual means within the public right-of-way of conveying the 
information that identifies the alternate pedestrian access route 
shall also be provided.
    R303.3 Surface. Alternate pedestrian access route surfaces shall 
comply with R302.6 or shall not be less accessible than the surface 
of the temporarily closed pedestrian circulation path.
    R303.4 Continuous Clear Width. The minimum continuous clear 
width of alternate pedestrian access routes shall be 48 inches (1220 
mm) exclusive of the width of any curb.
    Exception: Where the alternate pedestrian access route utilizes 
an existing pedestrian circulation path, the width shall not be less 
than the width of the temporarily closed pedestrian circulation 
path.
    R303.5 Curb Ramp or Blended Transition. Where an alternate 
pedestrian access route crosses a curb, a curb ramp or blended 
transition complying with R304 shall be provided.
    R303.6 Detectable Edging of Channelizing Devices. Where a 
channelizing device is used to delineate an alternate pedestrian 
access route, continuous detectable edging complying with R303.6 
shall be provided throughout the length of the route.
    Exception: Where pedestrians or vehicles turn or cross, gaps in 
the detectable edging are permitted.
    R303.6.1 Top. The top of the top detectable edging shall be no 
lower than 32

[[Page 53656]]

inches (815 mm) above the walking surface and be free of sharp or 
abrasive surfaces.
    R303.6.2 Bottom. The bottom of the bottom detectable edging 
shall be 2 inches (51 mm) maximum above the walking surface.
    R303.7 Pedestrian Signal Heads. Where temporary pedestrian 
signal heads are provided at a crosswalk that is part of an 
alternate pedestrian access route, pedestrian pushbuttons or passive 
detection devices shall be provided and shall comply with R307.

R304 Curb Ramps and Blended Transitions

    R304.1 General. Curb ramps and blended transitions shall comply 
with R304 and have detectable warning surfaces in accordance with 
R205.
    R304.2 Perpendicular Curb Ramps. Perpendicular curb ramps shall 
comply with R304.2 and R304.5.
    R304.2.1 Running Slope. The running slope of a curb ramp shall 
be perpendicular to the curb or gutter grade break. The running 
slope of the curb ramp shall be 1:12 (8.3%) maximum.
    Exception: Where the curb ramp length must exceed 15 feet (4.6 
m) to achieve a 1:12 (8.3%) running slope, the curb ramp length 
shall extend at least 15 feet (4.6 m) and may have a running slope 
greater than 1:12 (8.3%).
    R304.2.2 Cross Slope. The cross slope of a curb ramp run shall 
be 1:48 (2.1) maximum.
    Exception: At crosswalks, the cross slope of the curb ramp run 
shall be permitted to be equal to or less than the cross slope of 
the crosswalk as specified by R302.5.
    R304.2.3 Grade Breaks. Grade breaks at the top and bottom of a 
curb ramp run shall be perpendicular to the direction of the curb 
ramp run. Grade breaks shall not be permitted on the surfaces of 
curb ramp runs and landings. Surface slopes that meet at grade 
breaks shall be flush.
    R304.2.4 Clear Area. A clear area 48 inches (1220 mm) wide 
minimum by 48 inches long (1220 mm) minimum shall be provided beyond 
the bottom grade break of the perpendicular curb ramp run and within 
the width of the crosswalk. At shared use paths, the clear area 
shall be as wide as the shared use path. The clear area shall be 
located wholly outside the vehicle travel lanes, including bicycle 
lanes, that run parallel to the crosswalk. The running slope of the 
clear area shall be 1:20 (5.0%) maximum. The cross slope of the 
clear area shall be as specified by R302.5.
    R304.2.5 Landing. When a change in direction is necessary to 
access a curb ramp from a pedestrian access route, a landing shall 
be provided at the top of the curb ramp. The landing shall be 48 
inches (1220 mm) wide minimum by 48 inches (1220 mm) long minimum. 
At shared use paths, the landing shall be as wide as the shared use 
path. Where a landing serves only one curb ramp, the landing slope 
measured perpendicular to the curb ramp run shall be equal to or 
less than the cross slope of the curb ramp run, and the landing 
slope measured parallel to the curb ramp run shall be 1:48 (2.1%) 
maximum. Where a landing serves two curb ramps, the landing slope in 
either direction of travel shall not exceed the cross slope of the 
crosswalk parallel to the direction of travel as specified by 
R302.5.
    R304.2.6 Side Treatments. Where a pedestrian circulation path 
crosses the side of a curb ramp, the side of the curb ramp shall be 
flared. The slope of the flared side shall be 1:10 (10.0%) maximum, 
measured parallel to the adjacent curb line.
    R304.2.7 Connection to Pedestrian Facilities. Perpendicular curb 
ramps or their landings shall be connected to adjacent pedestrian 
facilities by pedestrian access routes complying with R302. A 
transitional segment may be used in the connection.
    R304.3 Parallel Curb Ramps. Parallel curb ramps shall comply 
with R304.3 and R304.5.
    R304.3.1 Running Slope. The running slope of the curb ramp run 
shall be parallel to the curb and shall be 1:12 (8.3%) maximum.
    Exception: Where the curb ramp run length must exceed 15 feet 
(4.6 m) to achieve a 1:12 (8.3%) running slope, the curb ramp run 
length shall extend at least 15 feet (4.6 m) and may have a running 
slope greater than 1:12 (8.3%).
    R304.3.2 Cross Slope. The cross slope of the curb ramp run shall 
be 1:48 (2.1%) maximum.
    R304.3.3 Grade Breaks. Grade breaks at the top and bottom of a 
curb ramp run shall be perpendicular to the direction of the curb 
ramp run. Grade breaks shall not be permitted on the surfaces of 
curb ramp runs or landings. Surface slopes that meet at grade breaks 
shall be flush.
    R304.3.4 Landings. Landings shall be provided at the bottom of 
parallel curb ramps. Landings shall be 48 inches (1220 mm) wide 
minimum by 48 inches (1220 mm) long minimum. The slope of the 
landing, measured parallel to the direction of travel on the curb 
ramp run, shall be permitted to be equal to or less than the slope 
of the roadway or the cross slope of the crosswalk as specified by 
R302.5. The cross slope of the landing shall be 1:48 (2.1%) maximum 
measured perpendicular to the direction of travel on the curb ramp 
run.
    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 1:20 (5.0%) maximum.
    R304.4.2 Cross Slope. The cross slope of blended transitions 
shall be equal to or less than the cross slope of the crosswalk as 
specified by R302.5.
    R304.4.3 Bypass. Where a blended transition serving more than 
one pedestrian circulation path has a running slope greater than 
1:48 (2.1%), a pedestrian access route shall be provided so that a 
pedestrian not crossing the street may bypass the blended 
transition.
    R304.5 Common Requirements. Curb ramps and blended transitions 
shall comply with R304.5.
    R304.5.1 Width. The width of curb ramp runs (excluding any 
flared sides) and blended transitions shall comply with R304.5.1.1 
or R304.5.1.2, as applicable.
    R304.5.1.1 Curb Ramps and Blended Transitions Not on Shared Use 
Paths. The clear width of curb ramp runs (excluding any flared 
sides) and blended transitions not on shared use paths shall be 48 
inches (1220 mm) minimum.
    R304.5.1.2 Curb Ramps and Blended Transitions on Shared Use 
Paths. On shared use paths, the width of curb ramp runs (excluding 
any flared sides) and blended transitions shall be equal to the 
width of the shared use path.
    R304.5.2 Change of Grade. At gutters and streets where a change 
of grade occurs adjacent to curb ramps and blended transitions, the 
change of grade shall comply with the requirements contained in (A) 
or (B) below:
    A. The change of grade shall not exceed 13.3 percent, or
    B. A transitional space shall be provided at the bottom of the 
running slope of the curb ramp run or blended transition. The 
transitional space shall extend 24 inches (610 mm) minimum in the 
direction of pedestrian travel and the full width of the curb ramp 
run or blended transition. Transitional spaces shall have running 
slopes of 1:48 (2.1%) maximum and cross slopes no greater than the 
cross slope of the crosswalk as specified by R302.5.
    R304.5.3 Crosswalks. Perpendicular curb ramp runs, parallel curb 
ramp landings, and 48 inches (1220 mm) minimum width of blended 
transitions, except those at shared use paths, shall be contained 
wholly within the width of the crosswalks they serve. At shared use 
paths, the full width of a perpendicular curb ramp run, parallel 
curb ramp landing, or the blended transition shall be contained 
wholly within the width of the crosswalk it serves.
    R304.5.4 Surfaces. Surfaces of curb ramps and blended 
transitions shall comply with R302.6 except that changes in level 
are not permitted.

R305 Detectable Warning Surfaces

    R305.1 General. Detectable warning surfaces shall consist of 
truncated domes in a square or radial grid pattern and shall comply 
with R305.
    R305.1.1 Dome Size. The truncated domes shall have a base 
diameter of 0.9 inches (23 mm) minimum and 1.4 inches (36 mm) 
maximum, a top diameter of 50 percent of the base diameter minimum 
and 65 percent of the base diameter maximum, and a height of 0.2 
inches (5.1 mm). When detectable warning surface tiles are cut to 
fit, partial domes are permitted along the cut edges.
    R305.1.2 Dome Spacing. The truncated domes shall have a center-
to-center spacing of 1.6 inches (41 mm) minimum and 2.4 inches (61 
mm) maximum, and a base-to-base spacing of 0.65 inches (17 mm) 
minimum, measured between the most adjacent domes.
    Exceptions: 1. When detectable warning surfaces are cut to fit, 
center-to-center spacing measured between domes adjacent to cut 
edges shall not exceed twice the normal spacing between domes not 
adjacent to cut edges.
    2. Dome spacing requirements do not apply at a gap in a 
detectable warning surface at an

[[Page 53657]]

expansion joint provided that the detectable warning surface aligns 
with both edges of the expansion joint.
    R305.1.3 Contrast. Detectable warning surfaces shall contrast 
visually with adjacent walking surfaces, either light-on-dark or 
dark-on-light.
    R305.1.4 Surface Size. Detectable warning surfaces shall extend 
24 inches (610 mm) minimum in the direction of pedestrian travel. 
The width of detectable warning surfaces shall be as follows:
    A. At curb ramps and blended transitions, detectable warning 
surfaces shall extend the full width of the curb ramp run (excluding 
any flared sides), blended transition, or landing.
    B. At cut-through pedestrian refuge islands, detectable warning 
surfaces shall extend the full width of the pedestrian circulation 
path opening.
    C. At pedestrian at-grade rail crossings not located within a 
street, detectable warning surfaces shall extend the full width of 
the pedestrian circulation path.
    D. Where required at boarding platforms, detectable warning 
surfaces shall extend the full length of the unprotected areas of 
the platform.
    E. 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 unprotected area of the transit stop.
    R305.2 Location. The location of detectable warning surfaces 
shall comply with R305.2. Where a concrete border is required for 
proper installation of a detectable warning surface, a concrete 
border not exceeding 2 inches (51 mm) shall be permitted on all 
sides of the detectable warning surface except between the 
detectable warning surface and the edge of pavement where a setback 
is already permitted.
    R305.2.1 Perpendicular Curb Ramps. On perpendicular curb ramps, 
detectable warning surfaces shall be located as follows:
    A. Where the ends of the bottom grade break are in front of the 
back of curb or at the edge of pavement where there is no curb, the 
detectable warning surface shall be placed at the back of curb or no 
greater than 6 inches (150 mm) from the edge of pavement where there 
is no curb.
    B. Where the ends of the bottom grade break are behind the back 
of curb or edge of pavement where there is no curb and the distance 
from both ends of the bottom grade break to the back of curb or edge 
of pavement where there is no curb is 60 inches (1525 mm) or less, 
the detectable warning surface shall be placed on the ramp run at 
the bottom grade break.
    C. Where the ends of the bottom grade break are behind the back 
of curb or edge of pavement where there is no curb and the distance 
from either end of the bottom grade break to the back of curb or 
edge of pavement where there is no curb is more than 60 inches (1525 
mm), the detectable warning surface shall be placed on the clear 
area so that both front corners of the detectable warning surfaces 
are at the back of curb or no greater than 6 inches (150 mm) from 
the edge of pavement where there is no curb.
    R305.2.2 Parallel Curb Ramps. On parallel curb ramps, detectable 
warning surfaces shall be located on the landing at either the back 
of curb or the edge of pavement where there is no curb.
    R305.2.3 Blended Transitions. On blended transitions, detectable 
warning surfaces shall be located on the blended transition so that 
both front corners of the detectable warning surfaces are at the 
back of curb or no greater than 6 inches (150 mm) from the edge 
pavement where there is no curb.
    R305.2.4 Pedestrian Refuge Islands. At cut-through pedestrian 
refuge islands, detectable warning surfaces shall be located no 
greater than 6 inches (150 mm) from the edges of the pedestrian 
refuge island or at back of curb and shall be separated by a 24 inch 
(610 mm) minimum length of surface in the direction of travel 
without detectable warning surfaces.
    R305.2.5 Pedestrian At-Grade Rail Crossings. At pedestrian at-
grade rail crossings not located within a street, detectable warning 
surfaces shall be located on each side of the rail crossing. The 
edge of the detectable warning surface nearest the rail crossing 
shall be 6 feet (1.8 m) minimum and 15 feet (4.6 m) maximum from the 
centerline of the nearest rail. Where pedestrian gates are provided, 
detectable warning surfaces shall be located on the side of the gate 
opposite the rail. Pedestrian gates shall not overlap detectable 
warning surfaces.
    R305.2.6 Boarding Platforms. At boarding platforms for transit 
vehicles, detectable warning surfaces shall be located at the 
boarding edge of the platform.
    Exception: Where a curb is present at the boarding edge of the 
platform, the detectable warning surface may be placed at the back 
of curb.
    R305.2.7 Sidewalk and Street-Level Rail Boarding and Alighting 
Areas. At boarding and alighting areas at sidewalk or street-level 
transit stops for rail vehicles, detectable warning surfaces shall 
be located at the edge of the boarding and alighting area closest to 
the rail vehicles.
    R305.2.8 Driveways. Where driveways are controlled with yield or 
stop control devices or traffic signals, detectable warning surfaces 
shall be provided on the pedestrian circulation path where the 
pedestrian circulation path meets the driveway.

R306 Crosswalks

    R306.1 General. Crosswalks shall comply with R306.
    R306.2 Pedestrian Signal Phase Timing. Where a traffic control 
signal with pedestrian signal indications is provided at a 
crosswalk, pedestrian signal phase timing shall be based on a 
pedestrian clearance time that is calculated using a pedestrian 
walking speed of 3.5 ft/s (1.1 m/s) or less from the location of the 
pedestrian push button to a pedestrian refuge island or the far side 
of the traveled way. The walk interval shall be 7 seconds minimum. 
Where the pedestrian clearance time is calculated to a pedestrian 
refuge island, an additional pedestrian push button or passive 
detection device shall be provided on the pedestrian refuge island.
    Exception: If a passive pedestrian detection device is used to 
automatically adjust the pedestrian clearance time based on the 
pedestrian's actual clearance of the crosswalk, a faster walking 
speed may be used.
    R306.3 Accessible Walk Indication. An accessible walk indication 
complying with R308.2 shall have the same duration as the walk 
interval.
    Exception: Where the pedestrian signal rests in walk, the 
accessible walk indication may be limited to the first 7 seconds of 
the walk interval. If the pedestrian signal is resting in walk and 
there is sufficient time remaining to provide an accessible walk 
interval before the beginning of the pedestrian change interval, the 
accessible walk indication may be recalled by a button press.
    R306.4 Roundabouts. Where pedestrian circulation paths are 
provided at roundabouts, they shall comply with R306.4.
    R306.4.1 Edge Detection. The street side edge of the pedestrian 
circulation path at the approach and along the circulatory roadway 
of the roundabout shall comply with R306.4.1.1 where not attached to 
the curb, or R306.4.1.2 where attached to the curb. Detectable 
warning surfaces shall not be used for roundabout edge detection.
    R306.4.1.1 Separation. Where pedestrian crossing is not 
intended, the pedestrian circulation path shall be separated from 
the curb, crosswalk to crosswalk, with landscaping or other 
nonprepared surface 24 inches (610 mm) wide minimum.
    R306.4.1.2 Vertical Edge Treatment. Where pedestrian crossing is 
not intended, a curb-attached pedestrian circulation path shall have 
a continuous and detectable vertical edge treatment along the street 
side of the pedestrian circulation path, from crosswalk to 
crosswalk. The bottom edge of the vertical edge treatment shall be 
15 inches (380 mm) maximum above the pedestrian circulation path.
    R306.4.2 Crosswalk Treatments. Each multi-lane segment of the 
roundabout containing a crosswalk shall provide a crosswalk 
treatment consisting of one or more of the following: a traffic 
control signal with a pedestrian signal head; a pedestrian hybrid 
beacon; a pedestrian actuated rectangular rapid flashing beacon; or 
a raised crossing.
    R306.5 Channelized Turn Lanes. Crosswalks at multi-lane 
channelized turn lanes shall provide treatments consisting of one or 
more of the following: a traffic control signal with a pedestrian 
signal head; a pedestrian hybrid beacon; a pedestrian actuated 
rectangular rapid flashing beacon; or a raised crossing.

R307 Pedestrian Push Buttons and Passive Pedestrian Detection

    R307.1 General. Pedestrian push buttons and passive pedestrian 
detection devices shall comply with R307. Operable parts of 
pedestrian push buttons shall comply with R403.
    R307.2 Activation. Pedestrian push buttons and passive detection 
devices shall activate the accessible pedestrian signals and, where 
applicable, the walk interval.

[[Page 53658]]

    R307.3 Extended Push Button Press. Where an extended push button 
press is used to provide any additional features, a push button 
press of less than one second shall actuate only the pedestrian 
timing and any associated accessible walk indication, and a push 
button press of one second or more shall actuate the pedestrian 
timing, any associated accessible walk indication, and any 
additional features. If additional crossing time is provided by 
means of an extended pushbutton press, a sign so indicating shall be 
mounted adjacent to or integral with the pedestrian push button.
    R307.4 Location. Pedestrian push buttons shall be located no 
greater than 5 feet from the side of a curb ramp run or the edge of 
the farthest associated crosswalk line from the center of the 
intersection. Pedestrian push buttons shall be located between 1.5 
and 10 feet from the edge of the curb or pavement.
    R307.4.1 Two Pedestrian Push Buttons on Same Corner. Where two 
pedestrian push buttons are provided on the same corner, they shall 
be 10 feet or more apart.
    Exception: In alterations, where technically infeasible to 
provide 10 feet separation between pedestrian push buttons on the 
same corner, a pedestrian push button information message complying 
with R308.3.2 shall be provided.
    R307.5 Push Button Orientation. The face of the push button 
shall be parallel to its associated crosswalk.
    R307.6 Audible and Vibrotactile Walk Indications for Pedestrian 
Signal Heads. Pedestrian push buttons or passive detection devices 
shall activate audible and vibrotactile walk indications complying 
with R308.
    R307.7 Audible and Vibrotactile Indication for Pedestrian 
Activated Warning Devices Without a Walk Indication. Where a 
pedestrian push button or a passive detection device is provided for 
pedestrian activated warning devices, such as rectangular rapid 
flashing beacons, the pedestrian push button or passive detection 
device shall activate a speech message that indicates the status of 
the beacon in lieu of an audible walk indication. The speech message 
volume shall comply with R308.4. Where a pedestrian push button is 
provided, it shall not include vibrotactile features indicating a 
walk interval.
    R307.8 Locator Tone. Pedestrian push buttons shall incorporate a 
locator tone complying with R307.8.
    R307.8.1 Duration. Locator tones shall have a duration of 0.15 
seconds or less and repeat at one-second intervals except when 
another audible indication from the same device is active. When 
another audible indication from the same device is active, the 
locator tone shall be silenced.
    Exception: A locator tone may be silenced if a passive detection 
system activates the locator tone when a pedestrian is within a 12-
foot radius of the pedestrian push button.
    R307.8.2 Locator Tone in Response to Ambient Sound. Pedestrian 
push button locator tones shall be intensity responsive to ambient 
sound and shall be audible 6 to 12 feet from the push button, or to 
the building line, whichever is less. The push button locator tone 
shall be louder than ambient sound up to a maximum volume of 5 dBA 
louder than ambient sound. Automatic volume adjustment in response 
to ambient traffic sound level shall be a maximum volume of 100 dBA.
    R307.8.3 Locator Tone and Audible Beaconing. Where audible 
beaconing is used, the volume of the push button locator tone during 
the pedestrian change interval of the called pedestrian phase shall 
be increased and operated in one of the following ways:
    A. The louder audible walk indication and louder locator tone 
comes from the far end of the crosswalk, as pedestrians cross the 
street;
    B. The louder locator tone comes from both ends of the 
crosswalk; or
    C. The louder locator tone comes from an additional speaker that 
is aimed at the center of the crosswalk and that is mounted on a 
pedestrian signal head.
    R307.8.4 Locator Tone and Traffic Control Signal in Flashing 
Mode. When the traffic control signal is operating in a flashing 
mode, pedestrian push button locator tones shall remain active, and 
the pedestrian push button shall activate a speech message that 
communicates the operating mode of the traffic control signal. Where 
traffic control signals or pedestrian hybrid beacons are activated 
from a flashing or dark mode to a stop-and-go mode by pedestrian 
actuations, a speech message communicating the operating status of 
the traffic control signal is not required.
    R307.9 Tactile Arrow. Pedestrian push buttons shall have a 
tactile arrow with high visual contrast that is aligned parallel to 
the direction of travel on their associated crosswalks.

R308 Accessible Pedestrian Signal Walk Indications

    R308.1 General. Accessible pedestrian signal walk indications 
shall comply with R308.
    R308.2 Audible and Vibrotactile Walk Indications. Accessible 
pedestrian signals shall have an audible and vibrotactile walk 
indication during the walk interval only. The audible walk 
indication shall be audible from the beginning of the associated 
crosswalk. Following the audible and vibrotactile walk indication 
and during the pedestrian change interval, accessible pedestrian 
signals shall revert to the pedestrian push button locator tone.
    R308.3 Audible Walk Indications. Audible walk indications shall 
comply with R308.3.
    R308.3.1 Percussive Tone. Where an accessible pedestrian signal 
is provided at a single crossing or where two accessible pedestrian 
signals are 10 feet or greater from each other at a corner, the 
audible walk indication shall be a percussive tone and repeat eight 
to ten ticks per second with multiple frequencies and a dominant 
component at 880 Hz.
    R308.3.2 Speech Walk Message. In alterations, where it is 
technically infeasible to provide 10 feet separation between 
pedestrian push buttons on the same corner, the audible walk 
indication for each signal shall be a speech walk message that 
complies with R308.3.2.
    R308.3.2.1 Speech Information Message when Walk Interval is Not 
Timing. Where speech push button information messages are made 
available at a pretimed signal or by actuating the accessible 
pedestrian push button or passive detection device, they shall only 
be actuated when the walk interval is not timing. They shall begin 
with the term ``Wait,'' followed by intersection identification 
information modeled after: ``Wait to cross Broadway at Grand.'' If 
information on intersection signalization or geometry is also given, 
it shall follow the intersection identification information.
    R308.3.2.2 Speech Walk Message during Pedestrian Phasing 
Concurrent with Vehicular Phasing. Speech walk messages that are 
used at intersections having pedestrian phasing that is concurrent 
with vehicular phasing shall be patterned after the model: 
``Broadway. Walk sign is on to cross Broadway.''
    R308.3.2.3 Speech Walk Message during Exclusive Pedestrian 
Phasing. Speech walk messages that are used at intersections having 
exclusive pedestrian phasing shall be patterned after the model: 
``Walk sign is on for all crossings.''
    R308.3.2.4 Speech Walk Message and Pilot Light. If a pilot light 
is used at an accessible pedestrian signal location, each actuation 
shall be accompanied by the speech message, ``Wait.''
    R308.4 Volume. Audible walk indications shall be louder than 
ambient sound up to a maximum volume of 5 dBA louder than ambient 
sound. Automatic volume adjustment in response to ambient traffic 
sound level shall be a maximum volume of 100 dBA.
    Exception: Where audible beaconing is provided in response to an 
extended push button press, the beaconing can exceed 5 dBA louder 
than ambient sound.
    R308.5 Vibrotactile Walk Indication. The pedestrian push button 
shall vibrate during the walk interval.

R309 Transit Stops and Transit Shelters

    R309.1 Transit Stops. Transit stops shall comply with R309.1.
    R309.1.1 Boarding and Alighting Areas. Boarding and alighting 
areas at sidewalk or street-level transit stops must serve each 
accessible vehicle entry and exit and shall comply with R309.1.1 and 
R309.1.3.
    R309.1.1.1 Dimensions. Boarding and alighting areas shall have a 
clear length of 96 inches (2440 mm) minimum, measured perpendicular 
to the face of the curb or street edge, and a clear width of 60 
inches (1525 mm) minimum, measured parallel to the street.
    R309.1.1.2 Slope. The slope of boarding and alighting areas 
measured parallel to the street shall be the same as the grade of 
the street. The slope of boarding and alighting areas measured 
perpendicular to the street shall be 1:48 (2.1%) maximum.
    R309.1.2 Boarding Platforms. Boarding platforms at transit stops 
shall comply with R309.1.2 and R309.1.3.
    R309.1.2.1 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.

[[Page 53659]]

    R309.1.2.2 Slope. The slope of the boarding platform measured 
parallel to the track or street shall be the same as the grade of 
the track or street. The slope of the boarding platform measured 
perpendicular to the track or street shall be 1:48 (2.1%) maximum.
    R309.1.3 Common Requirements. Boarding and alighting areas and 
boarding platforms shall comply with R309.1.3.
    R309.1.3.1 Surfaces. The surfaces of boarding and alighting 
areas and boarding platforms shall comply with R302.6.
    R309.1.3.2 Connection to Existing Pedestrian Circulation Paths. 
In alterations, boarding and alighting areas and boarding platforms 
shall be connected to existing pedestrian circulation paths by 
pedestrian access routes complying with R302.
    R309.2 Transit Shelters. Transit shelters shall comply with 
R309.2.
    R309.2.1 Connection to Boarding and Alighting Areas. Transit 
shelters shall be connected by pedestrian access routes complying 
with R302 to boarding and alighting areas complying with R309.1.1 or 
boarding platforms complying with R309.1.2.
    R309.2.2 Clear Space. 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 so as to not overlap the 
area within 18 inches (455 mm) from the front edge of the seat.
    R309.2.3 Environmental Controls. Where provided, environmental 
controls within transit shelters shall be proximity-actuated.
    R309.2.4 Protruding Objects. Protruding objects within transit 
shelters shall comply with R402.

R310 On-Street Parking Spaces

    R310.1 General. On-street parking spaces shall comply with R310.
    R310.2 Parallel On-Street Parking Spaces. Parallel on-street 
parking spaces shall comply with R310.2.
    R310.2.1 Dimensions. Parallel on-street parking spaces shall be 
24 feet (7.3 m) long minimum and 13 feet (4.0 m) wide minimum. 
Parallel on-street parking spaces shall not encroach on the traveled 
way.
    Exceptions: 1. Where parallel on-street parking spaces are 
altered but the adjacent pedestrian circulation path is not, any 
accessible parallel on-street parking spaces provided may have the 
same dimensions as the adjacent parallel on-street parking spaces if 
they are provided nearest the crosswalk at the end of the block face 
or nearest a midblock crosswalk, and a curb ramp or blended 
transition is provided serving the crosswalk.
    2. In alterations, where providing parallel on-street parking 
spaces with the dimensions specified in R310.2.1 would result in an 
available right-of-way width less than or equal to 9 feet (2.7 m), 
measured from the curb line to the right-of-way line, the accessible 
parallel on-street parking spaces may have the same dimensions as 
the adjacent parallel on-street parking spaces if they are provided 
nearest the crosswalk at the end of the block face or nearest a 
midblock crosswalk, and a curb ramp or blended transition is 
provided serving the crosswalk.
    R310.2.2 Pedestrian Access Route Connection. Parallel on-street 
parking spaces shall connect to pedestrian access routes. Where curb 
ramps and blended transitions are used, they shall not reduce the 
required width or length of the parking spaces and shall be located 
at either end of the parking space. Where two or more accessible 
parallel on-street parking spaces complying with the dimensions 
specified in R310.2.1 are contiguous on a block face, each 
accessible parallel on-street parking space shall have an 
independent connection to the pedestrian access route. Curb ramps 
and blended transitions shall be provided in accordance with 
R203.6.1.3 and shall comply with R304. Detectable warning surfaces 
are not required on curb ramps and blended transitions used 
exclusively to connect accessible on-street parallel parking spaces 
to pedestrian access routes.
    Exception: In alterations, where parallel on-street parking 
spaces are provided in accordance with Exception 1 or 2 to R310.2.1, 
the parallel on-street parking space shall be connected to the curb 
ramp or blended transition serving the crosswalk by a pedestrian 
circulation path complying with R302.6, except that changes in level 
are not permitted.
    R310.2.3 Surfaces. Surfaces of parking spaces shall comply with 
R302.6, except that changes in level are not permitted.
    R310.2.4 Clearance Adjacent to Parking Spaces. The center 50 
percent of the length of the sidewalk, or other surface, adjacent to 
an accessible parallel parking space shall be free of obstructions, 
including parking identification signs, parking pay meters, and 
parking pay stations, and shall comply with R302.6.
    R310.2.5 Identification. Parallel on-street parking spaces shall 
be identified by signs displaying the International Symbol of 
Accessibility complying with R411. Signs shall be 60 inches (1525 
mm) minimum above the ground surface measured to the bottom of the 
sign.
    R310.3 Perpendicular Parking Spaces. Perpendicular parking 
spaces shall comply with R310.3.
    R310.3.1 Access Aisles. Perpendicular on-street parking spaces 
shall have adjacent access aisles 96 inches (2440 mm) wide minimum 
extending the full length of the parking space. One access aisle 
shall be permitted to serve two parking spaces where front and rear 
entry parking are both permitted. Where an access aisle serves only 
one parking space and parking is restricted to either front entry or 
rear entry orientation, the access aisle shall be located on the 
passenger side of the vehicle.
    R310.4 Angled Parking Spaces. Accessible angled parking spaces 
shall comply with R310.4.
    R310.4.1 Width. The width of an angled parking space shall be 
132 inches (3350 mm).
    R310.4.2 Access Aisles. Each angled on-street parking space 
shall have an adjacent access aisle 60 inches (1525 mm) wide minimum 
extending the full length of the parking space on the passenger 
side.
    R310.5 Common Requirements for Perpendicular and Angled Parking 
Spaces. Perpendicular and angled parking spaces shall comply with 
R310.5.
    R310.5.1 Access Aisle Markings. The access aisle surface shall 
be marked to discourage parking in the access aisle.
    R310.5.2 Access Aisle Location. Access aisles shall be located 
at the same level as the parking space they serve and shall not 
encroach on the traveled way.
    R310.5.3 Pedestrian Access Route Connection. Access aisles shall 
connect to pedestrian access routes. Where curb ramps and blended 
transitions are used, they shall not reduce the required width or 
length of access aisles and parking spaces. Curb ramps and blended 
transitions shall be provided in accordance with R203.6.1.4 and 
shall comply with R304. A detectable warning surface is not required 
on a curb ramp or blended transition used exclusively to connect on-
street parking access aisles to pedestrian access routes.
    Exception: In alterations, the access aisle may connect to an 
existing pedestrian circulation path in accordance with R202.2.
    R310.5.4 Surfaces. Surfaces of parking spaces and access aisles 
serving them shall comply with R302.6, except that changes in level 
are not permitted.
    R310.5.5 Identification. Perpendicular or angled on-street 
parking spaces shall be identified by signs displaying the 
International Symbol of Accessibility complying with R411. The signs 
shall be located at the head of the parking space. Signs shall be 60 
inches (1525 mm) minimum above the ground surface measured to the 
bottom of the sign.
    R310.6 Parking Meters and Parking Pay Stations. Parking meters 
and parking pay stations that serve accessible parking spaces shall 
provide operable parts complying with R403. The clear space required 
by R403.2 shall be located so that displays and information on 
parking meters and pay stations are visible from a point located 40 
inches (1015 mm) maximum above the center of the clear space in 
front of the parking meter or parking pay station.

R311 Passenger Loading Zones

    R311.1 General. Accessible passenger loading zones shall comply 
with R311.
    R311.2 Vehicle Pull-Up Space. Accessible passenger loading zones 
shall provide a vehicular pull-up space that is 96 inches (2440 mm) 
wide minimum and 20 feet (6.1 m) long minimum.
    R311.3 Access Aisle. Vehicle pull-up spaces shall have adjacent 
access aisles complying with R311.3 that are 60 inches (1525 mm) 
wide minimum extending the full length of the vehicle pull-up space. 
Access aisles shall be at the same level as the vehicle pull-up 
space they serve and shall not encroach on the traveled way.
    R311.3.1 Clearance Adjacent to Passenger Loading Zone. The 
center 50 percent of the length of the sidewalk, or other surface, 
adjacent to an accessible passenger loading zone shall be free of 
obstructions and comply with R302.6.
    R311.3.2 Marking. Access aisle surfaces shall be marked to 
discourage parking in them.
    R311.4 Surfaces. Surfaces of vehicle pull-up spaces and the 
access aisles serving them shall comply with R302.6, except that 
changes in level are not permitted.

[[Page 53660]]

    R311.5 Pedestrian Access Route Connection. Access aisles shall 
connect to pedestrian access routes. Where curb ramps and blended 
transitions are used, they shall be provided in accordance with 
R203.6.1.4 and comply with R304, and shall not reduce the required 
width or length of access aisles. Detectable warning surfaces are 
not required on curb ramps and blended transitions used exclusively 
to connect access aisles to pedestrian access routes.
    Exception: In alterations, the access aisle may connect to an 
existing pedestrian circulation path in accordance with R202.2.

Chapter 4: Supplemental 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 these guidelines.

R402 Protruding Objects and Vertical Clearance

    R402.1 General. Protruding objects and vertical clearance shall 
comply with R402.
    R402.2 Protrusion Limits. Objects with leading edges more than 
27 inches (685 mm) and less than 80 inches (2030 mm) above the 
walking surface shall not protrude horizontally more than 4 inches 
(100 mm) into pedestrian circulation paths.
    Exception: Handrails shall be permitted to protrude 4\1/2\ 
inches (115 mm) maximum.
    R402.3 Post-Mounted Objects. Where objects are mounted on posts 
or pylons, they shall comply with R402.3.
    Exception: The sloping portions of handrails serving stairs and 
ramps shall not be required to comply with R402.3.
    R402.3.1 Objects Mounted on Single Post or Pylon. Where objects 
are mounted on a single post or pylon and the objects are more than 
27 inches (685 mm) and less than 80 inches (2030 mm) above the 
walking surface, the objects shall not protrude into the pedestrian 
circulation path more than 4 inches (100 mm) measured horizontally 
from the post or pylon or more than 4 inches (100mm) measured 
horizontally from the outside edge of the base where the base height 
is 2\1/2\ inches (64 mm) minimum.
    R402.3.2 Objects Mounted Between Posts or Pylons. Where objects 
are mounted between posts or pylons and the clear distance between 
the posts or pylons is greater than 12 inches (305 mm), the lowest 
edge of the object shall be 27 inches (685 mm) maximum or 80 inches 
(2030 mm) minimum above the walking surface.
    Exception: Objects mounted with the lowest edge greater than 27 
inches (685 mm) and less than 80 inches (2030 mm) above the walking 
surface are permitted if a barrier with its lowest edge at 27 inches 
(685 mm) maximum above the walking surface is provided between the 
posts or pylons.
    R402.4 Vertical Clearance. Vertical clearance shall be 80 inches 
(2030 mm) high minimum. Guards or other barriers to prohibit 
pedestrian travel shall be provided where the vertical clearance is 
less than 80 inches (2030 mm) high above the walking surface. The 
lowest edge of the guard or barrier shall be located 27 inches (685 
mm) maximum above the walking surface.
    R402.5 Required Clear Width. Protruding objects shall not reduce 
the clear width required for pedestrian access routes.

R403 Operable Parts

    R403.1 General. Operable parts shall 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 R406.
    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 5 
pounds (22.2 N) maximum.

R404 Clear Spaces

    R404.1 General. Clear spaces shall comply with R404.
    R404.2 Surfaces. Surfaces of clear spaces shall comply with 
R302.6. The slope of the clear space shall be 1:48 (2.1%) maximum in 
both directions.
    Exception: Where the slope of the clear space would exceed 1:48 
(2.1%) in either or both directions due to the grade of an adjacent 
pedestrian access route conforming to the requirements of R302.4, 
the slope of the clear space may be consistent with the slope of the 
pedestrian access route.
    R404.3 Size. Clear spaces shall be 30 inches (760 mm) minimum by 
48 inches (1220 mm) 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. Clear spaces shall be positioned either for 
forward approach where the 30-inch side is nearest to the element, 
or for parallel approach where the 48-inch side is nearest to the 
element. Clear spaces shall not be located on curb ramp runs or 
flares.
    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 Clearance. Where a clear space is confined on 
all or part of three sides, additional maneuvering clearance shall 
be provided in accordance with R404.7.1 and R404.7.2.
    R404.7.1 Forward Approach. The clear space and additional 
maneuvering clearance shall be 36 inches (915 mm) wide minimum where 
the depth of the confined space exceeds 24 inches (610 mm) measured 
perpendicular to the element.
    R404.7.2 Parallel Approach. The clear space and additional 
maneuvering clearance shall be 60 inches (1525 mm) wide minimum 
where the depth of the confined space exceeds 15 inches (380 mm) 
measured perpendicular to the element.

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.
    R405.2 Toe Clearance. Toe clearance shall comply with R405.2.
    R405.2.1 General. Space under an element between the ground 
surface and 9 inches (230 mm) above the ground surface shall be 
considered toe clearance and shall comply with R405.2.
    R405.2.2 Maximum Depth. Toe clearance shall extend 25 inches 
(635 mm) 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 17 inches (430 mm) minimum under the element.
    R405.2.4 Additional Clearance. Space extending greater than 6 
inches (150 mm) beyond the available knee clearance at 9 inches 
above the ground surface shall not be considered toe clearance.
    R405.2.5 Width. Toe clearance shall be 30 inches (760 mm) wide 
minimum.
    R405.3 Knee Clearance. Knee clearance shall comply with R405.3.
    R405.3.1 General. Space under an element between 9 inches (230 
mm) and 27 inches (685 mm) above the ground surface shall be 
considered knee clearance and shall comply with R405.3.
    R405.3.2 Maximum Depth. Knee clearance shall extend 25 inches 
(635 mm) maximum under an element at 9 inches (230 mm) above the 
ground 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 11 inches (280 mm) deep minimum at 9 inches (230 
mm) above the ground surface, and 8 inches (205 mm) deep minimum at 
27 inches (685 mm) above the ground surface.
    R405.3.4 Clearance Reduction. Between 9 inches (230 mm) and 27 
inches (685mm) above the ground surface, the knee clearance shall be 
permitted to reduce at a rate of 1 inch (25 mm) in depth for each 6 
inches (150 mm) in height.
    R405.3.5 Width. Knee clearance shall be 30 inches (760 mm) wide 
minimum.

R406 Reach Ranges

    R406.1 General. Reach ranges shall comply with R406.
    R406.2 Reach Range Limits. For forward and parallel approaches, 
the high reach shall be 48 inches (1220 mm) maximum and the low 
reach shall be 15 inches (380 mm) minimum above the ground surface.
    R406.3 Obstructions. Obstructed reach shall comply with R406.3.
    R406.3.1 Forward Reach. Where the clear space is configured 
solely for a forward approach to an element, obstructions shall not 
be permitted between the clear space and the element for a forward 
reach.
    R406.3.2 Side Reach. Where a clear space is configured for a 
parallel approach to an element, an obstruction shall be permitted 
between the clear space and the element where the depth of the 
obstruction is 10 inches (255 mm) maximum and the height of the 
obstruction is 34 inches (865 mm) maximum.

R407 Ramps

    R407.1 General. Ramps shall comply with R407. R407 does not 
apply to curb

[[Page 53661]]

ramps or pedestrian access routes following the grade established 
for the adjacent street consistent with the requirements of 
R302.4.1.
    R407.2 Running Slope. The running slope of each ramp run shall 
be 1:12 (8.3%) maximum.
    R407.3 Cross Slope. The cross slope of ramp runs shall be 1:48 
(2.1%) maximum.
    R407.4 Clear Width. The clear width of a ramp run shall be 48 
inches (1220 mm) minimum. Where handrails are provided, the clear 
width between handrails shall be 48 inches (1220 mm) minimum.
    Exception: Where a ramp only serves a building entrance, the 
clear width of the ramp run shall be permitted to be 36 inches (915 
mm) minimum. Where handrails are provided, the clear width between 
handrails shall be permitted to be 36 inches (915 mm) minimum.
    R407.5 Rise. The rise for any ramp run shall be 30 inches (760 
mm) maximum.
    R407.6 Landings. Ramps shall have landings at the top and the 
bottom of each ramp run. Landings shall comply with R407.6.
    R407.6.1 Slope. Landing slopes shall be 1:48 (2.1%) maximum 
parallel and perpendicular to the ramp running slope.
    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 60 inches 
(1525 mm) long minimum.
    R407.6.4 Change in Direction. Ramps that change direction 
between runs at landings shall have a clear landing 60 inches (1525 
mm) minimum by 60 inches (1525 mm) minimum.
    R407.7 Surfaces. Surfaces of ramp runs and landings shall comply 
with R302.6, except that changes in level are not permitted.
    R407.8 Handrails. Ramp runs with a rise greater than 6 inches 
(150 mm) 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 each 
side of ramp landings except those serving an adjoining ramp run, 
stairway, or other pedestrian circulation path.
    R407.9.1 Extended Ramp Surface. The surface of the ramp run or 
landing shall extend 12 inches (305 mm) minimum beyond the inside 
face of a handrail complying with R409.
    R407.9.2 Curb or Barrier. A curb that is 4 inches (100 mm) high 
minimum, or a barrier that prevents the passage of a 4-inch (100 mm) 
diameter sphere, where any portion of the sphere is within 4 inches 
(100 mm) of the surface of the ramp run or landing, shall be 
provided.

R408 Stairs

    R408.1 General. Stairs 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 
4 inches (100 mm) high minimum and 7 inches (180 mm) high maximum. 
Treads shall be 11 inches (280 mm) deep minimum.
    R408.3 Open Risers. Open risers are not permitted.
    R408.4 Tread Surface. Stair treads shall comply with R302.6, 
except that changes in level are not permitted.
    Exception: Treads shall be permitted to have a slope not steeper 
than 1:48 (2.1%).
    R408.5 Nosings. The radius of curvature at the leading edge of 
the tread shall be \1/2\ inch (13 mm) 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 1\1/2\ inches (38 mm) maximum over the 
tread below.
    R408.6 Visual Contrast. The leading edge of each step tread and 
top landing shall be marked by a stripe. The stripe shall be 1 inch 
(25 mm) wide minimum and shall contrast visually with the rest of 
the step tread or circulation path surface either light-on-dark or 
dark-on-light.
    R408.7 Handrails. Stairs shall have handrails complying with 
R409.

R409 Handrails

    R409.1 General. Handrails required at ramps and stairs, and 
handrails provided on pedestrian circulation paths shall comply with 
R409. R409 does not apply to curb ramps.
    R409.2 Where Required. Handrails shall be provided on both sides 
of ramps and stairs.
    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 stairs shall be continuous between 
ramp runs or stair flights.
    R409.4 Height. The top of gripping surfaces of handrails shall 
be 34 inches (865 mm) minimum and 38 inches (965 mm) 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 1\1/2\ inches (38 mm) 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 1\1/2\ inches (38 mm) 
minimum below the bottom of the handrail gripping surface.
    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 cross section is permitted to be smaller than the specified 
cross section diameters for 1 inch (25 mm) maximum in length.
    R409.7.1 Circular Cross Section. Handrail gripping surfaces with 
a circular cross section shall have an outside diameter of 1\1/4\ 
inches (32 mm) minimum and 2 inches (51 mm) maximum.
    R409.7.2 Non-Circular Cross Section. Handrail gripping surfaces 
with a non-circular cross section shall have a perimeter dimension 
of 4 inches (100 mm) minimum and 6\1/4\ inches (160 mm) maximum, and 
a cross-section dimension of 2\1/4\ inches (57 mm) 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. Handrail extensions shall not 
extend into the roadway or pedestrian circulation path. In 
alterations, if handrail extensions complying with R409.10 would 
reduce the clear width of a pedestrian access route, they shall 
extend as far as possible without reducing the clear width of the 
pedestrian access route.
    Exception: Extensions shall not be required for continuous 
handrails at the inside turn of switchback or dogleg ramps and 
stairs.
    R409.10.1 Top and Bottom Extension at Ramps. Ramp handrails 
shall extend horizontally above the landing for 12 inches (305 mm) 
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 Stairs. At the top of a stair flight, 
handrails shall extend horizontally above the landing for 12 inches 
(305 mm) 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 Stairs. 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.
    R410.2 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.
    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 R410.6. Viewing distance shall be measured

[[Page 53662]]

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''.

                     R410.6 Visual Character Height
------------------------------------------------------------------------
 Height to finish surface from      Horizontal       Minimum character
     baseline of character      viewing  distance          height
------------------------------------------------------------------------
40 inches (1015 mm) to less     Less than 72       5/8 inch (16 mm).
 than or equal to 70 inches      inches (1830 mm).
 (1780 mm).
40 inches (1015 mm) to less     72 inches (1830    5/8 inch (16 mm),
 than or equal to 70 inches      mm) and greater.   plus \1/8\ inch (3.2
 (1780 mm).                                         mm) per foot (305
                                                    mm) of viewing
                                                    distance above 72
                                                    inches (1830 mm).
Greater than 70 inches (1780    Less than 180      2 inches (51 mm).
 mm) to less than or equal to    inches (4570 mm).
 120 inches (3050 mm).
Greater than 70 inches (1780    180 inches (4570   2 inches (51 mm),
 mm) to less than or equal to    mm) and greater.   plus \1/8\ inch (3.2
 120 inches (3050 mm).                              mm) per foot (305
                                                    mm) of viewing
                                                    distance above 180
                                                    inches (4570 mm).
Greater than 120 inches (3050   Less than 21 feet  3 inches (75 mm).
 mm).                            (6400 mm).
Greater than 120 inches (3050   21 feet (6400 mm)  3 inches (75 mm),
 mm).                            and greater.       plus \1/8\ inch (3.2
                                                    mm) per foot (305
                                                    mm) of viewing
                                                    distance above 21
                                                    feet (6400 mm).
------------------------------------------------------------------------

    R410.7 Stroke Thickness. Stroke thickness of the uppercase 
letter ``I'' shall be 10 percent minimum and 30 percent maximum of 
the height of the character.
    R410.8 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.
    R410.9 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.
    R410.10 Height from Ground Surface. Visual characters shall be 
40 inches (1015 mm) minimum above the ground surface.

R411 International Symbol of Accessibility

    R411.1 General. The International Symbol of Accessibility shall 
comply with R411 and Figure R411.
    R411.2 Finish and Contrast. 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.

Figure R411--International Symbol of Accessibility
[GRAPHIC] [TIFF OMITTED] TR08AU23.000

[FR Doc. 2023-16149 Filed 8-7-23; 8:45 am]
BILLING CODE 8150-01-P