[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Proposed Rules]
[Pages 44663-44698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17721]



[[Page 44663]]

Vol. 76

Tuesday,

No. 143

July 26, 2011

Part II





Architectural and Transportation Barriers Compliance Board





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36 CFR Part 1190





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

Federal Register / Vol. 76 , No. 143 / Tuesday, July 26, 2011 / 
Proposed Rules

[[Page 44664]]


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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1190

[Docket No. ATBCB 2011-04]
RIN 3014-AA26


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

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
is proposing accessibility guidelines for the design, construction, and 
alteration of pedestrian facilities in the public right-of-way. The 
guidelines ensure that sidewalks, pedestrian street crossings, 
pedestrian signals, and other facilities for pedestrian circulation and 
use constructed or altered in the public right-of-way by state and 
local governments are readily accessible to and usable by pedestrians 
with disabilities. When the guidelines are adopted, with or without 
additions and modifications, as accessibility standards in regulations 
issued by other federal agencies implementing the Americans with 
Disabilities Act, Section 504 of the Rehabilitation Act, and the 
Architectural Barriers Act, compliance with the accessibility standards 
is mandatory.

DATES: Submit comments by November 23, 2011. Hearings will be held on 
the proposed guidelines on the following dates:
    1. September 12, 2011, 9:30 to 11:30 a.m., Dallas, TX.
    2. November 9, 2011, 9:30 to 11:30 a.m., Washington, DC.

ADDRESSES: Submit comments by any of the following methods:
     Federal eRulemaking Portal:http://www.regulations.gov. 
Follow the instructions for submitting comments. Regulations.gov ID for 
this docket is ATBCB-2011-0004.
     E-mail: board.gov">row@access-board.gov. Include docket number ATBCB 
2011-04 in the subject line of the message.
     Fax: 202-272-0081.
     Mail or Hand Delivery/Courier: Office of Technical and 
Informational Services, Access Board, 1331 F Street, NW., Suite 1000, 
Washington, DC 20004-1111.
    All comments will be posted without change to http://www.regulations.gov, including any personal information provided.
    The hearing locations are:
    1. Dallas: Sheraton Dallas (San Antonio A Ballroom), 400 North 
Olive Street, Dallas, TX 75201.
    2. Washington, DC: Access Board Conference Room, 1331 F Street, 
NW., Suite 800, Washington, DC 20004.

FOR FURTHER INFORMATION CONTACT: Scott Windley, Office of Technical and 
Information Services, Architectural and Transportation Barriers 
Compliance Board, 1331 F Street, NW., Suite 1000, Washington, DC 20004-
1111. Telephone (202) 272-0025 (voice) or (202) 272-0028 (TTY). E-mail 
address board.gov">row@access-board.gov.

SUPPLEMENTARY INFORMATION: 

Availability of Proposed Guidelines With Figures

    The proposed guidelines will be codified as an appendix to 36 CFR 
part 1190. In the past, the Architectural and Transportation Barriers 
Compliance Board (Access Board) submitted ``camera ready'' copy (i.e., 
images) of its guidelines to the Federal Register for the appendices 
since the guidelines included figures that illustrate the requirements 
in the guidelines. The appendices were not word searchable when viewed 
online because they are images. After discussions with the Office of 
the Federal Register, the Access Board has decided to submit the 
proposed guidelines as a Word document with only one image, the 
International Symbol of Accessibility (Figure R411), so the appendix 
will be word searchable when viewed online. A copy of the proposed 
guidelines with figures is available on the Access Board Web site at: 
http://www.access-board.gov/prowac/nprm.htm. Except for the 
International Symbol of Accessibility (Figure R411), the figures are 
for illustration purposes only and do not establish requirements. The 
copy of the proposed guidelines on the Access Board Web site also sets 
out advisory sections in shaded boxes, and indents subsections under 
the main sections.

Introduction

    The Access Board is an independent federal agency established by 
section 502 of the Rehabilitation Act (29 U.S.C. 792).\1\ The Access 
Board is responsible for developing accessibility guidelines for the 
design, construction, and alteration of facilities to ensure that they 
are readily accessible to and usable by individuals with disabilities. 
The Access Board's guidelines play an important part in the 
implementation of three laws that require newly constructed and altered 
facilities to be accessible to individuals with disabilities: the 
Americans with Disabilities Act, Section 504 of the Rehabilitation Act, 
and the Architectural Barriers Act. As further discussed under the 
Statutory and Regulatory Background, these laws require other federal 
agencies to issue regulations which include accessibility standards for 
the design, construction, and alteration of facilities. The regulations 
issued by the other federal agencies to implement these laws adopt, 
with or without additions and modifications, the Access Board's 
guidelines as accessibility standards. When the Access Board's 
guidelines are adopted, with or without additions and modifications, as 
accessibility standards in regulations issued by other federal agencies 
implementing these laws, compliance with the accessibility standards is 
mandatory.
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    \1\ The Access Board consists of 13 members appointed by the 
President from the public, a majority of which are individuals with 
disabilities, and the heads of 12 federal agencies or their 
designees whose positions are Executive Level IV or above. The 
federal agencies are: The Departments of Commerce, Defense, 
Education, Health and Human Services, Housing and Urban Development, 
Interior, Justice, Labor, Transportation, and Veterans Affairs; 
General Services Administration; and United States Postal Service.
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Statutory and Regulatory Background

Americans With Disabilities Act

    The Americans with Disabilities Act (42 U.S.C. 12101 et seq.) is a 
federal civil rights law that prohibits discrimination against 
individuals with disabilities. Title II of the Americans with 
Disabilities Act covers state and local governments.\2\ The Department 
of Justice is responsible for issuing regulations to implement Title II 
of the Americans with Disabilities Act, except for the public 
transportation parts.\3\ The

[[Page 44665]]

regulations issued by the Department of Justice include accessibility 
standards for the design, construction, and alteration of facilities 
(other than facilities used in the provision of public transportation 
covered by regulations issued by the Department of Transportation).\4\ 
The Department of Justice's accessibility standards adopt, with 
additions and modifications, the Access Board's current guidelines, 
which are discussed below under the Need for Rulemaking.\5\ See 28 CFR 
35.104 and 35.151.
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    \2\ Other titles of the Americans With Disabilities Act cover 
employers (Title I), private entities that own, lease, or operate 
places of public accommodation and commercial facilities (Title 
III), and telecommunications (Title IV). This preamble focuses on 
Title II because pedestrian facilities in the public right-of-way 
are constructed and altered by state and local governments.
    \3\ Title II of the Americans with Disabilities Act contains two 
subtitles. Subtitle A applies to all state and local government 
programs, services, and activities. Subtitle B contains two parts. 
Subtitle B, part I applies to designated public transportation 
provided by state and local governments by bus, rail, or other 
conveyance (other than aircraft or intercity or commuter rail) as a 
general or special service (including charter service) to the 
general public on a regular and continuing basis. Subpart B, part II 
applies to public transportation provided by the National Railroad 
Passenger Corporation and commuter authorities by intercity and 
commuter rail. The Department of Justice is responsible for issuing 
regulations to implement Subtitle A of Title II, except for matters 
within the scope of authority of the Department of Transportation 
under Parts I and II of Subtitle B of Title II. See 42 U.S.C. 12134. 
The Department of Transportation is responsible for issuing 
regulations to implement Parts I and II of Subtitle B of Title II. 
See 42 U.S.C. 12149 and 12164.
    \4\ Subtitle A of Title II of the Americans with Disabilities 
Act requires that the regulations issued by the Department of 
Justice include accessibility standards that are ``consistent with 
the minimum guidelines and requirements issued by the Architectural 
and Transportation Barriers Compliance Board.'' 42 U.S.C. 12134(c). 
The accessibility standards issued by the Department of Justice can 
include additional or modified requirements provided they are 
consistent with the Access Board's guidelines.
    \5\ In September 2010, the Department of Justice issued 
regulations with revised accessibility standards for Titles II and 
III of the Americans with Disabilities Act (DOJ 2010 Standards). See 
75 FR 56164 (September 15, 2010). Compliance with the DOJ 2010 
Standards is required on or after March 15, 2012. State and local 
governments are permitted to comply with earlier standards (DOJ 1991 
Standards without the elevator exception or UFAS) or the DOJ 2010 
Standards between September 15, 2010 and March 14, 2012. Additional 
information on the applicable standards and their effective dates is 
available on the Department of Justice Web site at: http://www.ada.gov/revised_effective_dates-2010.htm. The DOJ 2010 
Standards are available on the Department of Justice Web site at: 
http://www.ada.gov/2010ADAstandards_index.htm.
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    The Department of Transportation is responsible for issuing 
regulations to implement the public transportation parts of Title II of 
the Americans with Disabilities Act.\6\ The regulations issued by the 
Department of Transportation include accessibility standards for the 
design, construction, and alteration of facilities used in the 
provision of public transportation covered by the public transportation 
parts of Title II of the Americans with Disabilities Act. The 
Department of Transportation's accessibility standards adopt, with 
additions and modifications, the Access Board's current guidelines, 
which are discussed below under the Need for Rulemaking. See 49 CFR 
37.9 and Appendix A to 49 CFR part 37.
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    \6\ Parts I and II of Subtitle B of Title II of the Americans 
with Disabilities Act require that the regulations issued by the 
Department of Transportation include accessibility standards that 
are ``consistent with the minimum guidelines and requirements issued 
by the Architectural and Transportation Barriers Compliance Board.'' 
42 U.S.C. 12149(b) and 12163. The accessibility standards issued by 
the Department of Transportation can include additional or modified 
requirements provided they are consistent with the Access Board's 
guidelines.
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    The Department of Justice is responsible for overall enforcement of 
Title II of the Americans with Disabilities Act. The Department of 
Justice has designated the Department of Transportation as the federal 
agency responsible for investigating complaints and conducting 
compliance reviews ``relating to programs, services, and regulatory 
activities relating to transportation, including highways.'' See 28 CFR 
35.190(b)(8).

Section 504 of the Rehabilitation Act

    Section 504 of the Rehabilitation Act (29 U.S.C. 794) (hereinafter 
referred to as ``Section 504'') prohibits discrimination against 
individuals with disabilities under any program or activity receiving 
federal financial assistance. The term ``program or activity'' includes 
all the operations of a state or local government entity that receives 
federal financial assistance directly or indirectly from the federal 
government. See 29 U.S.C. 794(b). Each federal agency that provides 
federal financial assistance is responsible for issuing regulations to 
implement Section 504 that are consistent with requirements established 
by the Department of Justice. See Executive Order 12250 in Appendix A 
to 28 CFR part 41. The Department of Justice requires facilities 
designed, constructed, or altered by recipients of federal financial 
assistance to be accessible to individuals with disabilities. See 28 
CFR 41.58.
    The Department of Transportation provides federal financial 
assistance to state and local governments for the development of 
transportation networks, including pedestrian facilities in the public 
right-of-way.\7\ The regulations issued by the Department of 
Transportation to implement Section 504 require facilities designed, 
constructed, or altered by recipients of federal financial assistance 
from the Department to comply with accessibility standards included in 
the Department's regulations implementing the public transportation 
parts of Title II of the Americans with Disabilities Act, or the 
Uniform Federal Accessibility Standards. See 49 CFR 27.3. As discussed 
above, the accessibility standards included in the Department of 
Transportation regulations implementing the public transportation parts 
of Title II of the Americans with Disabilities Act adopt, with 
additions and modifications, the Access Board's current guidelines, 
which are discussed below under the Need for Rulemaking. See 49 CFR 
37.9 and Appendix A to 49 CFR part 37.
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    \7\ See Department of Transportation ``Policy Statement on 
Bicycle and Pedestrian Accommodation Regulations and 
Recommendations'' at: http://www.dot.gov/affairs/2010/bicycle-ped.html.
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    The Department of Transportation is responsible for investigating 
complaints and conducting compliance reviews under Section 504 relating 
to recipients of federal financial assistance from the Department. See 
49 CFR 27.121 and 27.123.

Architectural Barriers Act

    The Architectural Barriers Act (42 U.S.C. 4151 et seq.) requires 
certain facilities financed with federal funds to be accessible to 
individuals with disabilities. The Architectural Barriers Act covers 
facilities financed in whole or part by a federal grant or loan where 
the federal agency that provides the grant or loan is authorized to 
issue standards for the design, construction, or alteration of the 
facilities.\8\ See 42 U.S.C. 4151(3). The General Services 
Administration is required to issue accessibility standards for 
facilities covered by the Architectural Barriers Act.\9\ See 42 U.S.C. 
4156. The accessibility standards issued by the General Services 
Administration adopt, without any additions or modifications, the 
Access Board's current guidelines, which are discussed below under the 
Need for Rulemaking. See 41 CFR 102-76.65.
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    \8\ The Architectural Barriers Act also covers facilities 
constructed, altered, or leased by federal agencies; and facilities 
constructed or altered by the Washington Metropolitan Area Transit 
Authority. See 42 U.S.C. 4151(1), (2), and (4).
    \9\ The accessibility standards issued by the General Services 
Administration apply to all facilities covered by the Architectural 
Barriers Act, except for postal, military, and residential 
facilities. The United States Postal Service is responsible for 
issuing accessibility standards for postal facilities; the 
Department of Defense is responsible for issuing accessibility 
standards for military facilities; and the Department of Housing and 
Urban Development is responsible for issuing accessibility standards 
for residential facilities. See 42 U.S.C. 4153, 4154, and 4154a.
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    The Access Board is responsible for enforcing the Architectural 
Barriers Act. See 29 U.S.C 792(b)(1) and (e).

Need for Rulemaking

    This section discusses the Congressional findings in the Americans 
with Disabilities Act that establish the need for accessibility 
guidelines, the Access Board's current accessibility guidelines, and 
why the Access Board is proposing to issue accessibility guidelines for 
pedestrian facilities in the public right-of-way.

[[Page 44666]]

Congressional Findings of Discrimination

    The Americans with Disabilities Act was enacted in 1990 by 
overwhelming bipartisan majorities in the House of Representatives 
(377-28) and in the Senate (91-6).\10\ Congress compiled an extensive 
record of the discrimination experienced by individuals with 
disabilities in critical areas such as employment, public 
accommodations, state and local government services, and 
transportation. Congress found that ``despite some improvements such 
forms of discrimination against individuals with disabilities continue 
to be a serious and pervasive social problem.'' 42 U.S.C. 12101(a)(2). 
Among the forms of discrimination that Congress found to be a 
continuing problem are ``the discriminatory effects of architectural, 
transportation, and communication barriers.'' 42 U.S.C. 12101(a)(5). 
Congress found that ``the continuing existence of unfair and 
unnecessary discrimination and prejudice denies people with 
disabilities the opportunity to compete on an equal basis and to pursue 
those opportunities for which our free society is justifiably famous, 
and costs the United States billions of dollars in unnecessary expenses 
resulting from dependency and nonproductivity.'' 42 U.S.C. 12101(a)(9). 
Congress declared that ``the Nation's proper goals regarding 
individuals with disabilities are to ensure equality of opportunity, 
full participation, independent living, and economic self-sufficiency 
for such individuals.'' 42 U.S.C. 12101(a)(8).
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    \10\ 101 Cong. Rec. H4629 and 4630 (July 12, 1990); 101 Cong. 
Rec. S9695 (July 13, 1990).
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    The purpose of the Americans with Disabilities Act is ``to provide 
a clear and comprehensive national mandate for the elimination of 
discrimination against individuals with disabilities'' and ``to provide 
clear, strong, and consistent, enforceable standards addressing 
discrimination against individuals with disabilities.'' 42 U.S.C. 
12101(b)(1) and (2). Congress directed the Access Board to supplement 
the accessibility guidelines developed earlier for the Architectural 
Barriers Act to include ``additional requirements, consistent with this 
Act, to ensure that buildings, facilities, rail passenger cars, and 
vehicles are accessible in terms of architecture and design, 
transportation, and communication, to individuals with disabilities.'' 
42 U.S.C. 12204(b).

Current Guidelines Developed Primarily for Buildings and Facilities on 
Sites

    The Access Board's current accessibility guidelines were issued in 
2004 and are known as the Americans with Disabilities Act and 
Architectural Barriers Act Accessibility Guidelines (hereinafter 
referred to as ``2004 ADA and ABA Accessibility Guidelines'').\11\ 69 
FR 44083 (July 23, 2004). The 2004 ADA and ABA Accessibility Guidelines 
revised and updated the Americans with Disabilities Act Accessibility 
Guidelines, which were issued by the Access Board in 1991 (hereinafter 
referred to as ``1991 ADAAG''). 56 FR 35408 (July 26, 1991). The 
requirements in the 1991 ADAAG and 2004 ADA and ABA Accessibility 
Guidelines were developed primarily for buildings and facilities on 
sites.\12\ Some of the requirements can be readily applied to 
pedestrian facilities in the public right-of-way. However, other 
requirements need to be adapted for pedestrian facilities in the public 
right-of-way.
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    \11\ The 2004 ADA and ABA Accessibility Guidelines are codified 
in 36 CFR part 1191 and consist of six appendices:
    Appendix A is the Table of Contents to the guidelines;
    Appendix B contains ADA Chapters 1 and 2, which include 
application and scoping requirements for the design, construction, 
and alteration of facilities covered by the Americans with 
Disabilities Act;
    Appendix C contains ABA Chapters 1 and 2, which include 
application and scoping requirements for the design, construction, 
and alteration of facilities covered by the Architectural Barriers 
Act;
    Appendix D contains Chapters 3 through 10, which include common 
technical requirements for the design, construction, and alteration 
of facilities covered by the Americans with Disabilities Act or the 
Architectural Barriers Act;
    Appendix E contains the index of terms and list of figures 
included in the guidelines; and
    Appendix F contains additions and modifications to the 
guidelines issued by the Department of Transportation.
    The DOJ 2010 Standards and the Department of Transportation 
standards for transportation facilities used in the provision of 
transportation services covered by the transportation parts of Title 
II of the ADA and facilities covered by Section 504 adopt Appendices 
B and D, with additions and modifications. The General Services 
Administration standards for facilities covered by the Architectural 
Barriers Act adopt Appendices C and D, without additions and 
modifications.
    \12\ The term ``site'' is defined in the 1991 ADAAG (see 3.5) 
and 2004 ADA and ABA Accessibility Guidelines (see 106.5 and F106.5) 
as a ``parcel of land bounded by a property line or a designated 
portion of a public right-of-way.''
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Proposed Guidelines Developed Specifically for Pedestrian Facilities in 
the Public Right-of-Way

    The proposed guidelines are developed specifically for pedestrian 
facilities in the public right-of-way and address conditions and 
constraints that exist in the public right-of-way. As discussed below 
under the Major Issues, the requirements in the proposed guidelines 
make allowances for typical roadway geometry and permit flexibility in 
alterations to existing facilities where existing physical constraints 
make it impractical to fully comply with new construction requirements. 
The proposed guidelines also include requirements for elements and 
facilities that exist only in the public right-of-way such as 
pedestrian signals and roundabouts.

Rulemaking History

    The Access Board began developing accessibility guidelines for 
pedestrian facilities in the public right-of-way shortly after the 
Americans with Disabilities Act was enacted in 1990. Proposed 
guidelines for state and local government facilities, including 
pedestrian facilities in the public right-of-way, were initially issued 
in 1992. 57 FR 60612 (December 21, 1992). Interim guidelines were 
issued in 1994. 59 FR 31676 (June 20, 1994). Final guidelines were 
issued in 1998, but did not include requirements for pedestrian 
facilities in the public right-of-way because comments submitted on the 
proposed and interim guidelines demonstrated a need for additional 
research, as well as education and outreach. 63 FR 2000 (January 13, 
1998).
    The Access Board subsequently sponsored research on accessible 
pedestrian signals and pedestrian pushbuttons, detectable warning 
surfaces, and pedestrian facilities at roundabouts.\13\ The Access 
Board also produced a series of videos, a design guide, and an 
accessibility checklist for pedestrian facilities in the public right-
of-way, and conducted training programs around the country. The Access 
Board coordinated its work with organizations representing state and 
local government transportation officials and other transportation 
industry professionals, including the American Association of State 
Highway and Transportation Officials, Institute of Transportation 
Engineers, National Committee on Uniform Traffic Control Devices, and 
Transportation Research Board.
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    \13\ The reports on the research sponsored by the Access Board 
and technical assistance materials on accessible design of 
pedestrian facilities in the public right-of-way are available on 
the Access Board Web site at: http://www.access-board.gov/prowac/index.htm.
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    The Access Board established a federal advisory committee in 1999 
to recommend accessibility guidelines for pedestrian facilities in the 
public right-of-way. The advisory committee included representatives of 
state and local governments, the transportation industry, disability 
organizations, and

[[Page 44667]]

other interested groups.\14\ The advisory committee provided 
significant sources of expertise and produced consensus recommendations 
for accessibility guidelines for pedestrian facilities in the public 
right-of-way. The advisory committee presented its recommendations, 
``Building a True Community: Final Report of the Public Rights-of-Way 
Access Advisory Committee'', to the Access Board in 2001.\15\
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    \14\ The following organizations were members of the advisory 
committee: AARP, America Walks, American Association of State 
Highway and Transportation Officials, American Council of the Blind, 
American Institute of Architects, American Public Transit 
Association, American Public Works Association, Association for 
Education and Rehabilitation of the Blind and Visually Impaired, 
Bicycle Federation of America, Californians for Disability Rights, 
Canadian Standards Association (Technical Committee on Barrier-Free 
Design), City of Birmingham (Department of Planning, Engineering and 
Permits), Council of Citizens with Low Vision International, 
Disability and Business Technical Assistance Centers, Disability 
Rights Education and Defense Fund, Federal Highway Administration, 
Hawaii Commission on Persons with Disabilities, Hawaii Department of 
Transportation, Institute of Traffic Engineers, Los Angeles 
Department of Public Works (Bureau of Street Services), 
Massachusetts Architectural Access Board, Municipality of Anchorage, 
National Center for Bicycling and Walking, National Council on 
Independent Living, National Federation of the Blind, New York State 
Department of Transportation, Paralyzed Veterans of America, 
Portland Office of Transportation, San Francisco Mayor's Office on 
Disability, State of Alaska, TASH, Texas Department of 
Transportation, and The Seeing Eye.
    \15\ The advisory committee report is available on the Access 
Board Web site at: http://www.access-board.gov/prowac/commrept/index.htm.
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    The Access Board developed draft accessibility guidelines for 
pedestrian facilities in the public right-of-way based on the advisory 
committee's recommendations, and made the draft guidelines available 
for public review and comment in 2002.\16\ 67 FR 41206 (June 17, 2002). 
The Access Board revised the draft guidelines in 2005 and made the 
revised draft guidelines available for public review to facilitate the 
gathering of data for a regulatory assessment of the potential costs 
and benefits of the guidelines. 70 FR 70734 (November 23, 2005). The 
Access Board entered into an interagency agreement with the Volpe 
National Transportation Systems Center (Volpe Center) to gather data 
and prepare cost estimates for the regulatory assessment.\17\
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    \16\ The 2002 and 2005 draft guidelines and comments submitted 
on the 2002 draft guidelines are available on the Access Board Web 
site at: http://www.access-board.gov/prowac/index.htm.
    \17\ Volpe Center, ``Cost Analysis of Public Rights-of-Way 
Accessibility Guidelines'' (November 29, 2010). The document is 
available in the rulemaking docket (ATBCB-2011-0004) at: http://www.regulations.gov.
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Major Issues

    Transportation officials who commented on the 2002 draft guidelines 
raised some major issues that are addressed below.

Alterations to Existing Facilities

    The draft guidelines required alterations to existing facilities to 
comply with the requirements for new construction to the maximum extent 
feasible. Most of the improvements in the public right-of-way involve 
alterations to existing facilities. Transportation officials noted that 
the meaning of the term ``to the maximum extent feasible'' was not 
clear and wanted additional guidance on how to apply the guidelines 
when existing facilities are altered.
    The proposed guidelines clarify that where elements, spaces, or 
facilities are altered, each altered element, space, or facility within 
the scope of the project must comply with the applicable requirements 
for new construction (see R202.3). The phrase ``within the scope of the 
project'' is intended to focus on whether the alteration project 
presents an opportunity to design the altered element, space, or 
facility in an accessible manner. It is not intended for additional 
work to be done outside the scope of the project. For example, if an 
alteration project involves only installing pedestrian signals at 
existing intersections and there are no detectable warning surfaces on 
the curb ramps at the intersections, the proposed guidelines would 
require accessible pedestrian signals and pedestrian pushbuttons to be 
provided at the intersections because they are within the scope of the 
project, but would not require detectable warning surfaces to be 
provided on the curb ramps because they are not within the scope of the 
project. The proposed guidelines also clarify that where elements are 
altered or added to existing facilities but the pedestrian circulation 
path to the altered or added elements is not altered, the pedestrian 
circulation path is not required to comply with the proposed 
requirements for pedestrian access routes (see R202.1). For example, if 
a new bench is installed on a sidewalk that has a cross slope exceeding 
2 percent, the sidewalk is not required to be altered to reduce the 
cross slope because the bench is installed on the sidewalk.
    In addition, the proposed guidelines recognize that it is not 
always possible for altered elements, spaces, or facilities to fully 
comply with new construction requirements because of existing physical 
constraints. Where existing physical constraints make it impracticable 
for altered elements, spaces, or facilities to fully comply with the 
requirements for new construction, compliance is required to the extent 
practicable within the scope of the project (see R202.3.1). Existing 
physical constraints include, but are not limited to, underlying 
terrain, right-of-way availability, underground structures, adjacent 
developed facilities, drainage, or the presence of a notable natural or 
historic feature. The proposed guidelines permit flexibility in 
alterations to existing facilities where needed.

Existing Facilities That Are Not Altered

    Transportation officials expressed concern about application of the 
draft guidelines to existing facilities that are not altered. The 
proposed guidelines clarify that the guidelines do not address existing 
facilities unless they are included within the scope of an alteration 
undertaken at the discretion of a covered entity (see R101.2).
    The Department of Justice regulations implementing Title II of the 
Americans with Disabilities Act contain requirements for state and 
local governments regarding program accessibility and existing 
facilities. See 28 CFR 35.150. The Department of Transportation 
regulations implementing Section 504 also contain requirements for 
recipients of federal financial assistance from the Department 
regarding compliance planning. See 49 CFR 27.11(c). The Access Board 
acknowledges that transportation officials are concerned about their 
obligations under the Title II of the Americans with Disabilities Act 
and Section 504 for existing facilities that are not altered, but the 
Access Board does not have the authority to address the application of 
the proposed guidelines to existing facilities that are not altered. 
When the Department of Justice and Department of Transportation conduct 
rulemaking to include accessibility standards for pedestrian facilities 
in the public right-of-way in regulations implementing Title II of the 
Americans with Disabilities Act and Section 504, they will address the 
application of the accessibility standards to existing facilities that 
are not altered. Comments concerning existing facilities that are not 
altered should be directed to the Department of Justice and Department 
of Transportation when they conduct rulemaking to include accessibility 
standards for pedestrian facilities in the public right-of-way in 
regulations implementing Title II of the Americans with Disabilities 
Act and Section 504.

[[Page 44668]]

Allowances for Typical Roadway Geometry

    The 1991 ADAAG and 2004 ADA and ABA Accessibility Guidelines 
specify a maximum running slope of 5 percent and maximum cross slope of 
2 percent for walking surfaces on accessible routes. The draft 
guidelines adapted these requirements for pedestrian access routes in 
the public right-of-way and made an allowance for typical roadway 
geometry by permitting the grade of pedestrian access routes within 
sidewalks to equal the general grade established for the adjacent 
street or highway. The draft guidelines also permitted the cross slope 
of pedestrian access routes within midblock pedestrian street crossings 
and of curb ramps at midblock pedestrian street crossings to equal the 
street or highway grade.
    Transportation officials recommended that additional allowances be 
made for typical roadway geometry. The proposed guidelines include the 
following allowances for typical roadway geometry:
     The grade of pedestrian access routes within sidewalks is 
permitted to equal the general grade established for the adjacent 
street or highway (see R302.5).
     A maximum cross slope of 5 percent is permitted for 
pedestrian access routes within pedestrian street crossings without 
yield or stop control where vehicles can proceed through the 
intersection without slowing or stopping (see R302.6.1).
     The cross slope of pedestrian access routes within 
midblock pedestrian street crossings is permitted to equal the street 
or highway grade (see R302.6.2).
     The cross slope of curb ramps, blended transitions, and 
turning spaces at pedestrian street crossings without yield or stop 
control where vehicles can proceed through the intersection without 
slowing or stopping, and at midblock pedestrian street crossings are 
permitted to equal the street or highway grade (see R304.5.3).
     Clear spaces required at accessible pedestrian signals and 
pedestrian pushbuttons and at other accessible elements are permitted 
to have a running slope consistent with the grade of the adjacent 
pedestrian access route (see R404.2).
    A maximum grade of 5 percent and maximum cross slope of 2 percent 
are required otherwise for pedestrian access routes within sidewalks 
and pedestrian street crossings (see R302.5 and R302.6).

Overview of Proposed Guidelines

    The proposed guidelines apply to pedestrian facilities in the 
public right-of-way. The proposed guidelines define the public right-
of-way to mean ``public land or property, usually in interconnected 
corridors, that is acquired for or dedicated to transportation 
purposes'' (see R105.5). The proposed guidelines ensure that the 
following facilities for pedestrian circulation and use located in the 
public right-of-way are readily accessible to and usable by pedestrians 
with disabilities:
     Sidewalks, pedestrian overpasses and underpasses, and 
other pedestrian circulation paths, including requirements for 
pedestrian access routes, alternate pedestrian access routes when 
pedestrian circulation paths are temporarily closed, and protruding 
objects along or overhanging pedestrian circulation paths;
     Pedestrian street crossings, medians, and pedestrian 
refuge islands, including requirements for curb ramps or blended 
transitions, and detectable warning surfaces;
     Pedestrian street crossings at roundabouts, including 
requirements for detectable edge treatments where pedestrian crossing 
is not intended, and pedestrian activated signals at multi-lane 
pedestrian street crossings;
     Pedestrian street crossings at multi-lane channelized turn 
lanes at roundabouts and at other signalized intersections, including 
requirements for pedestrian activated signals;
     Pedestrian signals, including requirements for accessible 
pedestrian signals and pedestrian pushbuttons;
     Transit stops and transit shelters for buses and light 
rail vehicles, including requirements for boarding and alighting areas 
at sidewalk or street level, boarding platforms, and route signs;
     Pedestrian at-grade rail crossings, including requirements 
for flangeway gaps;
     On-street parking that is marked or metered, and passenger 
loading zones;
     Pedestrian signs, including requirements for visible 
characters on signs and alternative requirements for audible sign 
systems and other technologies;
     Street furniture for pedestrian use, including drinking 
fountains, public toilet facilities, tables, counters, and benches; and
     Ramps, stairways, escalators, handrails, doors, doorways, 
and gates.

Use of Mandatory Language in Proposed Guidelines

    The proposed guidelines use the mandatory language ``shall'' and 
``requirement'' because the guidelines are intended to be adopted, with 
or without additions and modifications, as accessibility standards in 
regulations issued by other federal agencies implementing Title II of 
the Americans with Disabilities Act, Section 504, and the Architectural 
Barriers Act. In this regard, the proposed guidelines are analogous to 
model codes. Model codes use mandatory language but compliance with 
model codes is not mandatory until they are adopted by a state or local 
government. When the Access Board's guidelines are adopted, with or 
without additions and modifications, as accessibility standards in 
regulations issued by other federal agencies implementing Title II of 
the Americans with Disabilities Act, Section 504, and the Architectural 
Barriers Act, compliance with the accessibility standards is mandatory. 
The other federal agencies will conduct separate rulemakings to include 
accessibility standards for pedestrian facilities in the public right-
of-way in regulations implementing Title II of the Americans with 
Disabilities Act, Section 504, and the Architectural Barriers Act. The 
other federal agencies will establish the effective dates for 
compliance with the accessibility standards when they complete their 
rulemakings. The other federal agencies may permit use of the proposed 
guidelines as best practices pending the completion of their 
rulemakings. However, the proposed guidelines are not legally 
enforceable until adopted, with or without additions and modifications, 
as accessibility standards by other federal agencies in regulations 
implementing Title II of the Americans with Disabilities Act, Section 
504, and the Architectural Barriers Act.

Impacts on State and Local Governments

    When the proposed guidelines are adopted, with or without additions 
and modifications, as accessibility standards by other federal agencies 
in the regulations implementing Title II of the Americans with 
Disabilities Act, Section 504, and the Architectural Barriers Act, the 
accessibility standards will apply to units of state and local 
government that construct streets and highways.\18\ For ease of 
reference, these state and local governmental units are referred to as

[[Page 44669]]

``state and local transportation departments'' in this preamble but may 
go by different names (e.g., public works departments, or highway or 
streets departments) in their respective jurisdictions. State and local 
transportation departments may be required to comply with three 
accessibility standards. For example, a state or local transportation 
department that finances the design, construction, or alteration of a 
pedestrian facility in the public right-of-way with a federal grant or 
loan from the Department of Transportation would be required to comply 
with the accessibility standards issued by the Department of Justice in 
regulations implementing Title II of the Americans with Disabilities 
Act, the accessibility standards issued by the Department of 
Transportation in regulations implementing Section 504, and the 
accessibility standards issued by the General Services Administration 
in regulations implementing the Architectural Barriers Act. All three 
accessibility standards would be basically uniform because they adopt 
the proposed guidelines, but may vary to the extent that Department of 
Justice, Department of Transportation, and General Services 
Administration include additions or modifications to the proposed 
guidelines in their accessibility standards.
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    \18\ Private entities that design, construct, or alter places of 
public accommodation or commercial facilities on sites are required 
to comply with accessibility standards included in regulations 
issued by the Department of Justice to implement Title III of the 
Americans with Disabilities Act. See 28 CFR 36.401 through 36.406. 
State or local laws may require sites with frontage on the public 
right-of-way or frontage that will revert to the public right-of-way 
to make frontage improvements in accordance with state or local 
standards which contain accessibility requirements that are similar 
to the proposed guidelines.
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    The Access Board prepared a regulatory assessment of the potential 
costs and benefits of the proposed guidelines. The regulatory 
assessment is available in the regulatory docket at http://www.regulations.gov and on the Access Board Web site at: http://www.access-board.gov/prowac/index.htm. The proposed guidelines are 
compared to a baseline to assess their potential costs and benefits. 
The baseline is how state and local transportation departments would 
design and construct pedestrian facilities in the public right-of-way 
in the absence of the proposed guidelines. All state transportation 
departments maintain design manuals and standard drawings for 
improvements in the public right-of-way.\19\ Most local transportation 
department also maintain design manuals and standard drawings for 
improvements in the public right-of-way that are consistent with the 
design manuals and standard drawings maintained by their state 
transportation departments. State and local transportation departments 
use publications issued by the American Association of State and 
Highway Transportation Officials (AASHTO) in their design manuals and 
standard drawings, including the ``Policy on Geometric Design of 
Highways and Streets'' (2004) (commonly referred to as the ``AASHTO 
Green Book'') and the ``Guide for the Planning, Design, and Operation 
of Pedestrian Facilities'' (2004) which incorporate accessibility in 
the design of sidewalks and other pedestrian facilities.\20\ The 
Federal Highway Administration as part of its stewardship and oversight 
responsibilities has also worked with state transportation departments 
to incorporate accessibility in their design manuals and standards 
drawings. The Federal Highway Administration has issued guidance that 
the accessibility standards in the Department of Justice regulations 
implementing Title II of the Americans with Disabilities Act and the 
Department of Transportation regulations implementing Section 504 ``are 
to be used to the extent feasible'' for the design of pedestrian 
facilities in the public right-of-way until new accessibility standards 
are adopted for these facilities.\21\ The Federal Highway 
Administration has also issued guidance that the 2005 draft of the 
proposed guidelines for pedestrian facilities in the public right-of-
way ``are the currently recommended best practices, and can be 
considered the state of the practice that could be followed for areas 
not fully addressed'' in the existing accessibility standards.\22\
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    \19\ Links to the design manuals and standard drawings 
maintained by state transportation departments are available on the 
Federal Highway Administration Web site at: http://www.fhwa.dot.gov/programadmin/statemanuals.cfm and http://www.fhwa.dot.gov/programadmin/statestandards.cfm.
    \20\ The AASHTO ``Policy on Geometric Design of Highways and 
Streets'' and ``Guide for the Planning, Design, and Operation of 
Pedestrian Facilities'' incorporate accessibility in the design of 
sidewalks, including minimum clear width, passing spaces, grade, 
cross slope, protruding objects, and surface treatments; curb ramps, 
including detectable warning surfaces; pedestrian overpasses and 
underpasses; and transit stops and transit shelters.
    \21\ See Federal Highway Administration, Office of Program 
Administration, ``Pedestrians and Accessible Design'' at: http://www.fhwa.dot.gov/programadmin/pedestrians.cfm. When the guidance was 
issued, the applicable accessibility standards in the Department of 
Justice regulations implementing Title II of the Americans with 
Disabilities Act and the Department of Transportation regulations 
implementing Section 504 adopted the 1991 ADAAG and permitted the 
Uniform Federal Accessibility Standards to be used.
    \22\ See Federal Highway Administration, ``Public Rights-of-Way 
Access Advisory'' (January 23, 2006) at: http://www.fhwa.dot.gov/environment/bikeped/prwaa.htm.
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    In the absence of the proposed guidelines, the regulatory 
assessment assumes that state and local transportation departments will 
use the revised accessibility standards in the Department of Justice 
regulations implementing Title II of the Americans with Disabilities 
Act (hereinafter referred to as ``DOJ 2010 Standards'') to the extent 
feasible when designing, constructing, or altering pedestrian 
facilities in the public right-of-way, consistent with the guidance 
issued by the Federal Highway Administration, as well as other 
applicable standards and industry practices.\23\ An analysis of the 
proposed guidelines compared to the DOJ 2010 Standards, other 
applicable standards, and industry practices is included in the 
appendix to the regulatory assessment. The analysis consists of three 
tables.
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    \23\ See footnote 5 regarding the DOJ 2010 standards and 
effective dates.
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Table 1. Proposed Guidelines Contain Same Requirements as in DOJ 2010 
Standards

    Table 1 analyzes requirements in the proposed guidelines that are 
the same as requirements in the DOJ 2010 Standards.\24\ The 
requirements in the proposed guidelines in Table 1 will have no impacts 
on state and local transportation departments compared to the 
requirements in the DOJ 2010 Standards because the requirements are the 
same.
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    \24\ The requirements analyzed in Table 1 include: Drinking 
fountains, public toilet facilities, tables, counters, passenger 
loading zones, ramps, stairways, handrails, doors, doorways, gates, 
operable parts, clear spaces, knee and toe clearance, and reach 
ranges.
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Table 2. Proposed Guidelines Adapt Requirements in DOJ 2010 Standards

    Table 2 analyzes requirements in the proposed guidelines that adapt 
requirements in the DOJ 2010 Standards to allow for conditions and 
constraints in the public right-of-way.\25\ The requirements in the 
proposed guidelines in Table 2 do not establish greater requirements 
for accessibility in the public right-of-way than the requirements in 
the DOJ 2010 Standards and industry practices. Some of the requirements 
in the proposed guidelines in Table 2 establish lesser requirements for 
accessibility in the public right-of-way than the requirements in the 
DOJ 2010 Standards. For example, where the pedestrian access route in a 
sidewalk is contained within the street or highway

[[Page 44670]]

right-of-way, the grade of the pedestrian access route is permitted to 
equal the general grade established for the adjacent street or highway 
to allow for typical roadway geometry instead of the running slope 
requirements for accessible routes on sites. The requirements in the 
proposed guidelines in Table 2 will have no impacts on state and local 
transportation departments compared to the requirements in the DOJ 2010 
Standards and industry practices, except for the 2 percent maximum 
cross slope requirement for pedestrian access routes contained within 
pedestrian street crossings with stop or yield control where vehicles 
slow or stop before proceeding through the intersection (see R204.3 and 
R302.6). This requirement will have more than minimal impacts on the 
design and construction of new tabled intersections in hilly urban 
areas that contain pedestrian street crossings with stop or yield 
control. The impacts are analyzed in the regulatory assessment and 
discussed below under Cross Slope (R302.6) in the Section-by-Section 
Analysis.
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    \25\ The requirements analyzed in Table 2 include: Sidewalks and 
other pedestrian circulation paths, pedestrian street crossings, 
pedestrian overpasses and underpasses, pedestrian at-grade rail 
crossings, curb ramps and blended transitions, protruding objects, 
transit stops and transit shelters used by buses and light rail 
vehicles, on-street parking, and escalators. The requirements for 
transit stops and transit shelters used by buses and light vehicles 
are compared to the accessibility standards in the Department of 
Transportation regulations implementing the public transportation 
parts of Title II of the Americans with Disabilities Act.
---------------------------------------------------------------------------

Table 3. Proposed Guidelines Contain Requirements Not in DOJ 2010 
Standards

    Table 3 analyzes requirements in the proposed guidelines for which 
there are no corresponding requirements in the DOJ 2010 Standards.\26\ 
The requirements in the proposed guidelines in Table 3 are compared to 
other applicable accessibility standards and the 2009 edition of Manual 
on Uniform Traffic Control Devices for Streets and Highways (MUTCD). 
Where the requirements in the proposed guidelines in Table 3 are the 
same as the requirements in other applicable accessibility standards or 
the MUTCD, the requirements will have no impacts on state and local 
transportation departments. Where a requirement in the proposed 
guidelines in Table 3 differs from a corresponding requirement in other 
applicable accessibility standards or there is no corresponding 
requirement in other applicable accessibility standards, the analysis 
used the following factors to identify whether the requirement will 
have more than minimal impacts on state and local transportation 
departments:
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    \26\ The requirements analyzed in Table 3 include: Alternate 
pedestrian access routes, pedestrian signal phase timing, accessible 
pedestrian signals and pedestrian pushbuttons, pedestrian street 
crossings at roundabouts, detectable warning surfaces on curb ramps 
and blended transitions at pedestrian street crossings, detectable 
warning surfaces on pedestrian at-grade rail crossings not located 
within a street or highway, pedestrian signs, and benches.
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     Whether the requirement can be easily incorporated into 
the design of the element or facility?
     Whether the requirement adds features to the element or 
facility?
     Whether the requirement reduces space needed for other 
purposes?
     What are the additional costs due to the requirement 
compared to the total design and construction costs for the element or 
facility?
    A requirement that can be easily incorporated into the design of an 
element or facility, and does not add features to the element or 
facility or reduce space needed for other purposes will have minimal 
impacts on state and local transportation departments. A requirement 
that cannot be easily incorporated into the design of an element or 
facility, adds features to the element or facility, or reduces space 
needed for other purposes and that results in additional costs compared 
to the total design and construction costs of the element or facility 
which are not negligible (i.e., are worth considering) will have more 
than minimal impacts on state and local transportation departments.
    The analysis identified three requirements in the proposed 
guidelines in Table 3 that will have more than minimal impacts on state 
and local transportation departments:
     Detectable warning surfaces on curb ramps and blended 
transitions at pedestrian street crossings (see R208.1 and R305);
     Accessible pedestrian signals and pedestrian pushbuttons 
(see R209); and
     Pedestrian activated signals at roundabout intersections 
with multi-lane pedestrian street crossings (see R206 and R306.3.2).
    The impacts of these requirements are analyzed in the regulatory 
assessment and are discussed below under the relevant requirements in 
the Section-by-Section Analysis.
    Question 1. Comments are requested on whether other requirements in 
the proposed guidelines will have more than minimal impacts on state 
and local transportation departments, in addition to the requirements 
identified in Tables 2 and 3. Comments should:
     Identify the requirement by section number or other 
information that identifies the specific requirement;
     Explain why the requirement will have more than minimal 
impacts using the factors described above or other appropriate factors; 
and
     Provide estimates of the additional costs due to the 
requirement compared to the total design and construction costs for the 
element or facility.
    Question 2. Comments are requested on whether the requirements in 
the proposed guidelines have any unintended positive or negative 
consequences.
    Question 3. Comments are requested on alternative regulatory 
approaches for achieving the objectives of the Americans with 
Disabilities Act, Section 504, and Architectural Barriers Act to 
eliminate the discriminatory effects of architectural, transportation, 
and communication barriers in the design and construction of pedestrian 
facilities in the public right-of-way.

Section-by-Section Analysis

    The proposed guidelines consist of four chapters. Chapter R1 
addresses the application and administration of the proposed 
guidelines. Chapter R2 contains scoping requirements. Chapter R3 
contains technical requirements. Chapter R4 contains supplementary 
technical requirements, which are the same as in the 2004 ADA and ABA 
Accessibility Guidelines with a few exceptions. The sections in each 
chapter are discussed below. Sections marked as ``advisory'' contain 
advisory information related to the preceding section. Advisory 
sections do not establish mandatory requirements. Some advisory 
sections reference related mandatory requirements to alert readers 
about those requirements.
    The Access Board is committed to writing guidelines that are clear, 
concise, and easy to understand so that persons who use the guidelines 
know what is required. If any of the proposed guidelines are ambiguous 
or not clear, point out the problematic language in your comments so it 
can be improved in the final guidelines.

Chapter R1: Application and Administration

R101 Purpose
    The proposed guidelines contain scoping and technical requirements 
to ensure that facilities for pedestrian circulation and use located in 
the public right-of-way are readily accessible to and usable by 
pedestrians with disabilities. When the guidelines are adopted, with or 
without additions and modifications, as accessibility standards in 
regulations issued by other federal agencies implementing Title II of 
the Americans with Disabilities Act, Section 504, and the Architectural 
Barriers Act, compliance with the accessibility standards is mandatory.
    The proposed guidelines do not address existing facilities unless 
they

[[Page 44671]]

are included within the scope of an alteration to an existing facility 
undertaken at the discretion of a covered entity. The Department of 
Justice regulations implementing Title II of the Americans with 
Disabilities Act contain requirements for state and local governments 
regarding program accessibility and existing facilities. See 28 CFR 
35.150. The Department of Transportation regulations implementing 
Section 504 also contain requirements for recipients of federal 
financial assistance from the Department regarding compliance planning. 
See 49 CFR 27.11(c). As discussed above under the Major Issues, 
transportation officials who commented on the 2002 draft guidelines 
expressed concern about existing facilities that are not altered. When 
the Department of Justice and Department of Transportation conduct 
rulemaking to include accessibility standards for pedestrian facilities 
in the public right-of-way in regulations implementing Title II of the 
Americans with Disabilities Act and Section 504, they will address the 
application of the accessibility standards to existing facilities that 
are not altered. Comments concerning existing facilities that are not 
altered should be directed to the Department of Justice and Department 
of Transportation when they conduct rulemaking to include accessibility 
standards for pedestrian facilities in the public right-of-way in 
regulations implementing Title II of the Americans with Disabilities 
Act and Section 504.
R102 Equivalent Facilitation
    The use of alternative designs, products, or technologies that 
result in substantially equivalent or greater accessibility and 
usability than the proposed guidelines is permitted.
R103 Conventions
    Conventional industry tolerances apply where dimensions are not 
stated as a range. Where the required number of accessible facilities 
or elements is based on ratios or percentages and remainders or 
fractions result, the next greater whole number is required. Where the 
required size or dimension of a facility or element is based on ratios 
or percentages, rounding down for values less than one half is 
permitted. Measurements are stated in metric and U.S. customary units, 
and each system of measurement is to be used independently of the 
other.
R104 Referenced Standards
    The proposed guidelines incorporate by reference certain standards 
in the 2009 edition of the Manual on Uniform Traffic Control Devices 
for Streets and Highways (MUTCD). The referenced MUTCD standards are 
discussed below under the relevant requirements regarding the provision 
of alternate pedestrian access routes when a pedestrian circulation 
path is temporarily closed, the provision of accessible pedestrian 
signals and pedestrian pushbuttons, and pedestrian signal phase timing. 
The MUTCD is available on the Federal Highway Administration Web site 
at: http://mutcd.fhwa.dot.gov.
R105 Definitions
    The proposed guidelines incorporate the MUTCD definitions for the 
following terms: Highway, intersection, island, median, pedestrian, 
roundabout, sidewalk, splitter island, and street. The proposed 
guidelines define the following terms: Accessible, alteration, blended 
transition, cross slope, curb line, curb ramp, element, facility, grade 
break, operable part, pedestrian access route, pedestrian circulation 
path, public right-of-way, qualified historic facility, running slope, 
and vertical surface discontinuities. These definitions are discussed 
in the sections where the terms are used. Collegiate dictionaries are 
used to determine the meaning of terms that are not defined in the 
proposed guidelines, referenced MUTCD standards, or regulations issued 
by federal agencies that adopt the proposed guidelines as accessibility 
standards. Singular and plural words, terms, and phrases are used 
interchangeably.

Chapter R2: Scoping Requirements

    Scoping requirements specify what pedestrian facilities must comply 
with the proposed guidelines. Some of the scoping requirements are 
triggered where certain pedestrian facilities are provided such as 
pedestrian signals (see R209), street furniture (see R212), transit 
stops and transit shelters (see R213), on-street parking (see R214), 
and passenger loading zones (see R215). The scoping requirements 
reference the technical requirements that each pedestrian facility must 
comply with in order to be considered accessible. The technical 
requirements are discussed in Chapters R3 and R4.
R201 Application
    The proposed guidelines apply to newly constructed facilities, 
altered portions of existing facilities, and elements added to existing 
facilities for pedestrian circulation and use located in the public 
right-of-way. The proposed guidelines apply to both permanent and 
temporary facilities in the public right-of-way. An advisory section 
provides examples of temporary facilities in the public right-of-way 
that are covered by the scoping requirements (e.g., temporary 
pedestrian circulation routes around work zones and portable public 
toilets).
    Buildings and structures in the public right-of-way that are not 
covered by the proposed guidelines must comply with the applicable 
requirements in the 2004 ADA and ABA Accessibility Guidelines. An 
advisory section provides examples of buildings and structures in the 
public right-of-way that are not covered by the proposed guidelines and 
must comply with the applicable requirements in the 2004 ADA and ABA 
Accessibility Guidelines (e.g., towers and temporary performance stages 
and reviewing stands).
R202 Alterations and Elements Added to Existing Facilities
    The proposed guidelines apply to alterations and elements added to 
existing facilities. Alterations are changes to an existing facility 
that affect or could affect pedestrian access, circulation, or use (see 
R105.5). Alterations include, but are not limited to, resurfacing, 
rehabilitation, reconstruction, historic restoration, or changes or 
rearrangement of structural parts or elements of a facility. The 
Department of Justice and Department of Transportation may provide 
guidance on the meaning of the word ``resurfacing'' when they conduct 
rulemaking to include accessibility standards for pedestrian facilities 
in the public right-of-way in regulations implementing Title II of the 
Americans with Disabilities Act and Section 504. Comments requesting 
guidance on the meaning of the term ``resurfacing'' should be directed 
to the Department of Justice and Department of Transportation when they 
conduct rulemaking to include accessibility standards for pedestrian 
facilities in the public right-of-way in regulations implementing Title 
II of the Americans with Disabilities Act and Section 504.
    Where elements are altered or added to existing facilities but the 
pedestrian circulation path to the altered or added elements is not 
altered, the pedestrian circulation path is not required to comply with 
the proposed requirements for pedestrian access routes. For example, if 
a new bench is installed on an existing sidewalk that has a cross slope 
exceeding 2 percent, the sidewalk is not required to be altered to 
reduce the cross slope because the bench is installed on the sidewalk. 
Advisory information recommends that, where possible, added elements 
should be

[[Page 44672]]

located on an existing pedestrian access route. This provision is based 
on similar provisions in the 2004 ADA and ABA Accessibility Guidelines 
which do not require the circulation path to altered elements or spaces 
to comply with the requirements for accessible routes where the 
circulation path to the altered elements or spaces is not altered (see 
202.3, Exception 1; and F202.3, Exception 1).
    Where existing physical constraints make it impractical for altered 
elements, spaces, or facilities to fully comply with new construction 
requirements, compliance is required to the extent practicable within 
the scope of the project. Existing physical constraints include, but 
are not limited to, underlying terrain, right-of-way availability, 
underground structures, adjacent developed facilities, drainage, or the 
presence of a notable natural or historic feature.
    The 2004 ADA and ABA Accessibility Guidelines (see 202.4 and 
F202.4) and the Department of Justice regulations implementing Title II 
of the Americans with Disabilities Act (see 28 CFR 35.151(b)) include 
an additional requirement for facilities on sites whereby an alteration 
that affects or could affect the usability of or access to an area 
containing a ``primary function'' must be made so as to ensure that, to 
the maximum extent feasible, the ``path of travel'' to the altered area 
is accessible, unless the additional cost and scope of the alterations 
to provide an accessible ``path of travel'' are disproportionate to the 
cost of the alteration to the ``primary function'' area. The Department 
of Justice regulations define the terms ``primary function'' and ``path 
of travel''. See 28 CFR 35.151(b)(4)(i) and (ii). According to the 
Department of Justice regulations, a ``primary function'' is a major 
activity for which the facility is intended. ``Primary function'' areas 
include the dining area of a cafeteria, the meeting rooms in a 
conference center, as well as offices and other work areas in which the 
activities of the public entity using the facility are carried out. 
Mechanical rooms, boiler rooms, supply storage rooms, employee lounges 
or locker rooms, janitorial closets, entrances, and corridors are not 
``primary function'' areas. Restrooms are not ``primary function'' 
areas unless the provision of restrooms is a primary purpose of the 
area (e.g., restrooms in highway rest stops). Alterations to windows, 
hardware, controls, electrical outlets, and signage are not alterations 
that affect the usability of or access to a ``primary function'' area. 
The Department of Justice regulations further state that a ``path of 
travel'' includes a continuous, unobstructed way of pedestrian passage 
by means of which the altered area may be approached, entered, and 
exited, and which connects the altered area with an exterior approach 
(including sidewalks, streets, and parking areas), an entrance to the 
facility, and other parts of the facility. An accessible ``path of 
travel'' may consist of walks and sidewalks; curb ramps and other 
interior or exterior pedestrian ramps; clear floor paths through 
lobbies, corridors, rooms, and other improved areas; parking access 
aisles; elevators and lifts; or a combination of these elements; and 
also includes the restrooms, telephones, and drinking fountains serving 
the altered area.
    The Department of Justice regulations deem the additional cost of 
alterations to provide an accessible ``path of travel'' to the altered 
area disproportionate when it exceeds 20 percent of the cost of the 
alteration to the ``primary function'' area. See 28 CFR 
35.151(b)(4)(iii). When the additional cost of alterations to provide 
an accessible ``path of travel'' to the altered area is 
disproportionate, the Department of Justice regulations require the 
``path of travel'' to be made accessible to the extent that it can be 
made accessible without incurring disproportionate costs (i.e., an 
amount equal to 20 percent of the cost of the alteration to the 
``primary function'' area must be expended to provide an accessible 
``path of travel'' to the altered area). See 28 CFR 35.151(b)(4)(iv). A 
similar requirement is not included in the proposed guidelines because 
of the uncertainty how the terms ``primary function'' and ``path of 
travel'' as defined in the Department of Justice regulations for 
facilities on sites would apply to pedestrian facilities in the public 
right-of-way. Revising the definitions of ``primary function'' and 
``path of travel'' to apply to pedestrian facilities in the public 
right-of-way will not necessarily result in additional accessibility. 
For example, if an area that contains a ``primary function'' is defined 
to include sidewalks, an accessible ``path of travel'' would be 
required to the altered sidewalks, which in effect would require the 
cost and scope of planned sidewalk alteration projects to be increased 
by 20 percent. Sidewalk alteration projects can be planned to take into 
account the additional 20 percent scope and cost of work. For example, 
if a 5 block sidewalk alteration project would be planned in the 
absence of a requirement for an accessible ``path of travel'' to the 
altered sidewalks, imposing a requirement for an accessible ``path of 
travel'' to the altered sidewalks could result in a 4 block sidewalk 
alteration project being planned and the additional 20 percent scope 
and cost of work would result in a 5 block sidewalk alteration project.
    Transitional segments of pedestrian access routes must connect to 
unaltered segments of existing pedestrian circulation paths and comply 
with the technical requirements for pedestrian access routes to the 
extent practicable. Alterations must not decrease or have the effect of 
decreasing the accessibility of a facility or an accessible connection 
to an adjacent building or site below the requirements for new 
construction in effect at the time of the alteration.
    Where the State Historic Preservation Officer or Advisory Council 
on Historic Preservation determines that compliance with a requirement 
would threaten or destroy historically significant features of a 
qualified historic facility, compliance is required to the extent that 
it does not threaten or destroy historically significant features of 
the facility. A qualified historic facility is a facility that is 
listed in or is eligible for listing in the National Register of 
Historic Places, or is designated as historic under state or local law 
(see R105.5)
R203 Machinery Spaces
    Vaults, tunnels, and other spaces used by service personnel only 
are not required to comply with the proposed guidelines.
R204 Pedestrian Access Routes
    A pedestrian access route is a continuous and unobstructed path of 
travel provided for pedestrians with disabilities within or coinciding 
with a pedestrian circulation path in the public right-of-way (see 
R105.5). Pedestrian access routes in the public right-of-way ensure 
that the transportation network used by pedestrians is accessible to 
pedestrians with disabilities. Pedestrian access routes in the public 
right-of-way are analogous to accessible routes on sites in that they 
connect to accessible elements, spaces, and facilities in the public 
right-of-way, including accessible pedestrian signals and pedestrian 
pushbuttons, accessible street furniture, accessible transit stops and 
transit shelters, accessible on-street parking spaces and parking 
meters and parking pay stations serving those parking spaces, and 
accessible passenger loading zones. Pedestrian access routes in the 
public right-of-way also connect to accessible routes at

[[Page 44673]]

building and facility site arrival points.\27\
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    \27\ The ADA and ABA Accessibility Guidelines require accessible 
routes on sites to connect to site arrival points, including public 
streets and sidewalks (see 206.2.1 and F206.2.1).
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    Pedestrian access routes must be provided within:
     Sidewalks and other pedestrian circulation paths located 
in the public right-of-way;
     Pedestrian street crossings and at-grade rail crossings, 
including medians and pedestrian refuge islands; and
     Overpasses, underpasses, bridges, and similar structures 
that contain pedestrian circulation paths.
    Where an overpass, underpass, bridge, or similar structure is 
designed for pedestrian use only and the approach slope to the 
structure exceeds 5 percent, a ramp, elevator, limited use/limited 
application elevator, or platform lift must be provided. Elevators and 
platform lifts must be unlocked during the operating hours of the 
facility served.
    An advisory section notes that the Federal Highway Administration 
has issued guidance on the obligations of state and local governments 
to keep pedestrian access routes open and usable throughout the year, 
including snow and debris removal.
R205 Alternate Pedestrian Access Routes
    Alternate pedestrian access routes must be provided when a 
pedestrian circulation path is temporarily closed by construction, 
alterations, maintenance operations, or other conditions. The alternate 
pedestrian access route must comply with the referenced MUTCD 
standards. The MUTCD standards require alternate pedestrian routes to 
be accessible and detectable, including warning pedestrians who are 
blind or have low vision about sidewalk closures. Proximity-actuated 
audible signs are a preferred means to warn pedestrians who are blind 
or have low vision about sidewalk closures.
R206 Pedestrian Street Crossings
    Pedestrian street crossings must comply with technical requirements 
in Chapter R3 that reference MUTCD standards for pedestrian signal 
phase timing. The technical requirements in Chapter R3 also include 
requirements for roundabouts and multi-lane channelized turn lanes.
R207 Curb Ramps and Blended Transitions
    Curb ramps, blended transitions, or a combination of curb ramps and 
blended transitions must connect the pedestrian access routes at each 
pedestrian street crossing. Curb ramps and blended transitions must be 
wholly contained within the pedestrian street crossings served. 
Typically, two curb ramps must be provided at each street corner. In 
alterations where existing physical constraints prevent two curb ramps 
from being installed at a street corner, a single diagonal curb ramp is 
permitted at the corner.
R208 Detectable Warning Surfaces
    Detectable warning surfaces consist of small truncated domes built 
in or applied to a walking surface that are detectable underfoot. On 
pedestrian access routes, detectable warning surfaces indicate the 
boundary between a pedestrian route and a vehicular route where there 
is a flush rather than a curbed connection for pedestrians who are 
blind or have low vision. Detectable warning surfaces are not intended 
to provide wayfinding for pedestrians who are blind or have low vision. 
An advisory section provides information on streetscape designs that 
can make wayfinding easier. Detectable warning surfaces must be 
provided at the following locations on pedestrian access routes and at 
transit stops:
     Curb ramps and blended transitions at pedestrian street 
crossings;
     Pedestrian refuge islands;
     Pedestrian at-grade rail crossings not located within a 
street or highway;
     Boarding platforms at transit stops for buses and rail 
vehicles where the edges of the boarding platform are not protected by 
screens or guards; and
     Boarding and alighting areas at sidewalk or street level 
transit stops for rail vehicles where the side of the boarding and 
alighting areas facing the rail vehicles is not protected by screens or 
guards.
    Detectable warning surfaces are not required at pedestrian refuge 
islands that are cut-through at street level and are less than 1.8 
meters (6 feet) in length in the direction of pedestrian travel because 
detectable warning surfaces must extend 610 millimeters (2 feet) 
minimum on each side of the island and be separated by a 610 
millimeters (2 feet) minimum length of island without detectable 
warning surfaces (see R305.1.4 and R305.2.4). Installing detectable 
warning surfaces at cut-through pedestrian islands that are less than 
1.8 meters (6 feet) in length would compromise the effectiveness of 
detectable warning surfaces. An advisory section recommends that where 
a cut-through pedestrian island is less than 1.8 meters (6 feet) in 
length and the pedestrian street crossing is signalized, the signal 
should be timed for a complete crossing of the street.

Comments From Individuals Who Are Blind or Have Low Vision

    The National Federation of the Blind was a member of the advisory 
committee that recommended the proposed guidelines, but filed a 
minority report recommending detectable warning surfaces should be 
required only on curb ramps with slopes of 6.6 percent or less, and at 
medians and pedestrian refuge islands. Comments on the 2002 draft 
guidelines from individuals who identified themselves as blind or 
having low vision supported requiring detectable warning surfaces on 
all curb ramps by a margin of 2:1.

Detectable Warning Surfaces on Curb Ramps

    When the Access Board issued the 1991 ADAAG, the guidelines 
contained a requirement for detectable warning surfaces on curb ramps. 
The requirement was temporarily suspended between 1994 and 2001 pending 
additional research and review of issues relating to requirement. The 
Access Board deferred addressing detectable warning surfaces on curb 
ramps in the 2004 ADA and ABA Accessibility Guidelines pending 
completion of the guidelines for pedestrian facilities in the public 
right-of-way. As a result of these actions, there are different 
requirements for detectable warning surfaces on curb ramps in the 
accessibility standards included the regulations issued by the 
Department of Justice implementing Title II of the Americans with 
Disabilities Act and by the Department of Transportation implementing 
Section 504.
    When the Department of Justice initially issued regulations in 1991 
implementing Title II of the Americans with Disabilities Act, the 
regulations required state and local governments to use accessibility 
standards (hereinafter referred to as the ``DOJ 1991 Standards'') that 
included the 1991 ADAAG which contained a requirement for detectable 
warning surfaces on curb ramps, or the Uniform Federal Accessibility 
Standards (UFAS) which did not contain a requirement for detectable 
warning surfaces on curb ramps.\28\ When the Department of Justice 
adopted the DOJ 2010 Standards, those standards included the 2004 ADA 
and ABA Accessibility Guidelines which do not

[[Page 44674]]

contain a requirement for detectable warning surfaces on curb ramps.
---------------------------------------------------------------------------

    \28\ UFAS was issued in 1984 by the General Services 
Administration and other federal agencies responsible for issuing 
accessibility standards for facilities covered by the Architectural 
Barriers Act. See 49 FR 31528 (August 7, 1984).
---------------------------------------------------------------------------

    The Department of Transportation regulations implementing Section 
504 require state and local governments that receive federal financial 
assistance directly or indirectly from the Department to use 
accessibility standards that include the 2004 ADA and ABA Accessibility 
Guidelines, as modified by the Department, or UFAS. See 49 CFR 27.3(b). 
The Department of Transportation modified the 2004 ADA and ABA 
Accessibility Guidelines by retaining certain requirements from the 
1991 ADAAG, including the requirement for detectable warning surfaces 
on curb ramps. See 406.8 in Appendix A to 49 CFR part 37.
    State and local transportation departments will be affected 
differently by the requirement in the proposed guidelines for 
detectable warning surfaces on curb ramps depending on the 
accessibility standards that they use for curb ramps in the public 
right-of-way. The Access Board reviewed the standard drawings for the 
design of curb ramps on state transportation department Web sites and 
found that the transportation departments in all 50 states and the 
District of Columbia specify detectable warning surfaces on curb ramps 
in the standard drawings.\29\ Most local transportation departments use 
standard drawings for the design of curb ramps that are consistent with 
the standard drawings maintained by their state transportation 
departments. These state and local transportation departments use 
either the DOJ 1991 Standards, which include the 1991 ADAAG requirement 
for detectable warning surfaces on curb ramps, or the Department of 
Transportation accessibility standards, which include the 2004 ADA and 
ABA Accessibility Guidelines as modified by the Department to include 
the requirement from the 1991 ADAAG for detectable warning surfaces on 
curb ramps.\30\
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    \29\ Links to each state transportation department's standard 
drawings that specify detectable warning surfaces on curb ramps are 
available on the Access Board Web site at: http://www.access-board.gov/prowac/index.htm.
    \30\ The DOJ 1991 Standards require detectable warning surfaces 
to extend the full width and depth of the curb ramp (see 4.7.7, 
Appendix E to 28 CFR part 36). The Department of Transportation 
standards require detectable warning surfaces to extend the full 
width of the curb ramp (exclusive of flared sides) and either the 
full depth of the curb ramp or 24 inches deep minimum measured from 
the back of the curb on the ramp surface (see 406.8, Appendix A to 
49 CFR part 37). Guidance issued by the Department of Justice 
permits the use of the Department of Transportation standards for 
detectable warning surfaces on curb ramps. See Department of 
Justice, ``ADA Best Practices Tool Kit for State and Local 
Governments, Curb Ramps and Pedestrian Crossings'' (May 7, 2006) at: 
http://www.ada.gov/pcatoolkit/toolkitmain.htm.
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Governmental Units Affected

    State and local transportation departments are divided into four 
groups for the purpose of evaluating the impacts of the requirement in 
the proposed guidelines for detectable warning surfaces on curb ramps:
     Group 1 consists of state and local transportation 
departments that use UFAS for curb ramps as currently permitted by the 
Department of Justice and Department of Transportation regulations 
implementing Title II of the Americans with Disabilities Act and 
Section 504. UFAS did not contain a requirement for detectable warning 
surfaces on curb ramps. The Access Board is not aware of any state or 
local transportation departments that use UFAS. The Department of 
Justice regulations do not permit the use of UFAS on or after March 15, 
2012. See 28 CFR 35.151(c)(3). Thus, Group 1 will cease to exist as of 
March 15, 2012, and any state and local transportation departments 
currently in Group 1 will fall into one of the other groups.
    Question 4. The Access Board seeks information on whether any state 
and local transportation departments currently use UFAS for curb ramps 
in the public right-of-way.
     Group 2 consists of state and local transportation 
departments that receive federal financial assistance directly or 
indirectly from the Department of Transportation. State and local 
transportation departments in Group 2 are required to comply with the 
accessibility standards in the Department of Justice regulations 
implementing Title II of the Americans with Disabilities Act and the 
Department of Transportation regulations implementing Section 504. 
Where the requirements in the accessibility standards in the Department 
of Justice and Department of Transportation regulations differ, the 
more stringent requirement must be used. Excluding any state and local 
transportation departments in Group 1, state and local transportation 
departments in Group 2 must comply with the requirement for detectable 
warning surfaces on curb ramps in the Department of Transportation 
regulations because it is the more stringent requirement. All state 
transportation departments and most local transportation departments 
are in Group 2 and specify detectable warning surfaces on curb ramps in 
their standard drawings. The requirement in the proposed guidelines for 
detectable warning surfaces on curb ramps will not have any impacts on 
state and local transportation departments in Group 2.
     Group 3 consists of local transportation departments that 
do not receive federal financial assistance directly or indirectly from 
the Department of Transportation. Local transportation departments in 
Group 3 are required to comply only with the accessibility standards in 
the Department of Justice regulations implementing Title II of the 
Americans with Disabilities Act. Excluding any local transportation 
departments in Group 1, local transportation departments in Group 3:
    [cir] Used the DOJ 1991 Standards, which include the 1991 ADAAG and 
contain a requirement for detectable warning surfaces on curb ramps, 
before September 15, 2010. See 28 CFR 35.151(c)(1).
    [cir] Are permitted to use the DOJ 1991 Standards, which include 
the 1991 ADAAG and contain a requirement for detectable warning 
surfaces on curb ramps, or the DOJ 2010 Standards, which include the 
2004 ADA and ABA Accessibility Guidelines and do not contain a 
requirement for detectable warnings on curb ramps, between September 
15, 2010 and March 14, 2012. See 28 CFR 35.151(c)(2).
    [cir] Must use the DOJ 2010 Standards, which include the 2004 ADA 
and ABA Accessibility Guidelines and do not contain a requirement for 
detectable warnings on curb ramps, on or after March 15, 2012. See 28 
CFR 35.151(c)(3).
    Thus, local transportation departments in Group 3 were required to 
provide detectable warning surfaces on curb ramps before September 15, 
2010; may or may not be required to provide detectable warning surfaces 
on curb ramps between September 15, 2010 and March 14, 2012 depending 
on the accessibility standard they use (DOJ 1991 Standards or DOJ 2010 
Standards); and are not required to provide detectable warning surfaces 
on curb ramps on or after March 15, 2012 pending the future adoption of 
accessibility standards for pedestrian facilities in the public right-
of-way by the Department of Justice.
    Question 5. The Access Board seeks information on whether local 
transportation departments in Group 3 will continue or discontinue 
providing detectable warning surfaces on curb ramps in the public 
right-of-way pending the future adoption of accessibility standards for 
pedestrian facilities in the public right-of-way by the Department of 
Justice.
     Group 4 consists of state and local transportation 
departments that do not

[[Page 44675]]

comply with accessibility standards for curb ramps in the public right-
of-way. The Department of Justice and Federal Highway Administration 
have provided guidance on accessibility standards that apply to curb 
ramps in the public right-of-way, including the requirement for 
detectable warning surfaces.\31\ Despite the guidance provided by the 
Department of Justice and the Federal Highway Administration on the 
accessibility standards that apply to curb ramps in the public right-
of-way, there may be state and local transportation departments that do 
not comply with the standards.
---------------------------------------------------------------------------

    \31\ See Department of Justice, ``ADA Best Practices Tool Kit 
for State and Local Governments, Curb Ramps and Pedestrian 
Crossings'' (May 7, 2006) at: http://www.ada.gov/pcatoolkit/toolkitmain.htm; and Federal Highway Administration, ``Information 
on Detectable Warnings'' (May 6, 2002) at: http://www.fhwa.dot.gov/environment/bikeped/dwm.htm.
---------------------------------------------------------------------------

    Question 6. Comments are requested on whether the future adoption 
of accessibility standards for pedestrian facilities in the public 
right of way by the Department of Justice and Department of 
Transportation in regulations implementing Title II of the Americans 
with Disabilities Act and Section 504 will have a positive or negative 
effect, or no effect on the compliance rates of state and local 
transportation departments, particularly with respect to providing 
detectable warning surfaces on curb ramps.
    Question 7. The Access Board seeks information on the number of 
curb ramps that are constructed or altered on an annual basis in the 
public right-of-way by state and local transportation departments.

Costs To Provide Detectable Warning Surfaces on Curb Ramps

    Detectable warning surfaces are available in a variety of 
materials. The Volpe Center gathered data from local transportation 
departments and vendors on various detectable warning materials and 
estimated the costs of 8 square feet of the materials for a typical 
curb ramp as shown in the table below. The estimates do not include 
installation costs.

------------------------------------------------------------------------
                                                 Materials  costs for
        Detectable warning surfaces               typical  curb ramp
------------------------------------------------------------------------
Concrete pavers............................  $48 to 80
Brick pavers...............................  $128
Polymer and composite materials............  $120 to 200
Stainless steel or cast iron products......  $240
------------------------------------------------------------------------

    Question 8. The Access Board seeks additional information on the 
costs for detectable warning materials (8 square feet) and installation 
of the materials on a typical curb ramp.

Detectable Warning Surfaces on Boarding Platforms Used by Buses and 
Rail Vehicles, and Boarding and Alighting Areas Used by Rail Vehicles

    The 1991 ADAAG and 2004 ADA and ABA Accessibility Guidelines 
contain a requirement for detectable warning surfaces on rail 
platforms.\32\ The proposed guidelines adapt this requirement to 
transit stops in the public right-of-way, and require detectable 
warning surfaces on boarding platforms at transit stops for buses and 
rail vehicles (i.e., raised platforms used for level boarding by bus 
rapid transit systems and light rail systems) and at boarding and 
alighting areas at sidewalk or street level transit stops for rail 
vehicles. Detectable warning surfaces are not required where the edges 
of the boarding platform or the boarding and alighting areas facing the 
rail vehicles are protected by screens or guards.
---------------------------------------------------------------------------

    \32\ See 1991 ADAAG, 10.3.1(8); and 2004 ADA and ABA 
Accessibility Guidelines, 810.5.2.
---------------------------------------------------------------------------

Durability and Maintenance of Detectable Warning Surfaces

    Transportation officials who commented on the 2002 draft guidelines 
expressed concern about the durability and maintenance of detectable 
warning surfaces. The National Cooperative Highway Research Program 
(NCHRP) has conducted two studies on the durability and maintenance of 
detectable warning surfaces. The first study was completed in 2005 and 
reviewed performance information submitted by state and local 
transportation departments.\33\ The performance information was limited 
in terms of the products reviewed and time period of review (about 2 
years). The study noted that there were new promising detectable 
warning products on the market, and recommended that test methods be 
developed for evaluating the long-term performance and durability of 
the products. The second study was completed in 2010 and recommended 
procedures for testing and evaluating detectable warning products.\34\ 
The test methods can be used by state and local transportation 
departments to select detectable warning products that will provide 
long-term performance and durability under different environmental 
conditions. Many state and local transportation departments have 
evaluated and approved detectable warning products that are suited to 
their environments.
---------------------------------------------------------------------------

    \33\ ``Synthesis of Maintenance and Durability Information for 
Detectable Warnings on Sidewalks'' March 2005 at:  http://maintenance.transportation.org/Documents/DetectableWarning20-7%28177%29.pdf.
    \34\ ``Procedures for Testing and Evaluating Detectable Warning 
Systems'' March 2010 at:  http://onlinepubs. trb.org/onlinepubs/nchrp/nchrp_rpt_670.pdf.
---------------------------------------------------------------------------

R209 Accessible Pedestrian Signals and Pedestrian Pushbuttons

    An accessible pedestrian signal and pedestrian pushbutton is an 
integrated device that communicates information about the WALK and 
DON'T WALK intervals at signalized intersections in non-visual formats 
(i.e., audible tones and vibrotactile surfaces) to pedestrians who are 
blind or have low vision. The pedestrian pushbutton has a locator tone 
for detecting the device and a tactile arrow to indicate which 
pedestrian street crossing is served by the device. The MUTCD contains 
standards for accessible pedestrian signals and pedestrian pushbuttons, 
but does not require that they be provided. The proposed guidelines 
require accessible pedestrian signals and pedestrian pushbuttons to be 
provided when new pedestrian signals are installed. For existing 
pedestrian signals, the proposed guidelines require accessible 
pedestrian signals and pedestrian pushbuttons to be provided when the 
signal controller and software are altered, or the signal head is 
replaced. Accessible pedestrian signals and pedestrian pushbuttons must 
comply with the referenced standards in the MUTCD and the technical 
requirements for operable parts in Chapter R4. Technical assistance and 
training on the installation of accessible pedestrian signals and 
pedestrian pushbuttons is available from the Access Board and 
transportation industry professional associations.\35\
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    \35\ Technical assistance and training on the installation of 
accessible pedestrian signals are available on the following Web 
sites: Access Board at: http://www.access-board.gov/research/pedestrian-signals/bulletin.htm; Accessible Design for the Blind: 
http://www.accessforblind.org/aps_abt.html; Institute of 
Transportation Engineers at: http://www.ite.org/education/olg.asp; 
National Highway Cooperative Research Program at: http://www.apsguide.org/; and Transportation Research Board at: http://www.trb.org/Main/Public/Blurbs/159938.aspx.
---------------------------------------------------------------------------

Comments From Individuals Who Are Blind or Have Low Vision

    The National Federation of the Blind was a member of the advisory 
committee that recommended the proposed guidelines, but filed a 
minority report recommending that state and local governments consult 
with the local blind community to determine whether to provide 
accessible

[[Page 44676]]

pedestrian signals and pushbuttons on an intersection-by-intersection 
basis. Comments on the 2002 draft guidelines from individuals who 
identified themselves as blind or having low vision supported providing 
accessible pedestrian signals and pushbuttons at each signalized 
intersection where pedestrian signals are newly installed or replaced 
by a margin of 2:1.

Governmental Units Affected

    The Transportation Equity Act for the 21st Century (TEA-21) 
directed that audible traffic signals be included in transportation 
plans and projects where appropriate. See 23 U.S.C. 217(g). Some state 
and local transportation departments currently provide accessible 
pedestrian signals and pedestrian pushbuttons when pedestrian signals 
are newly installed or replaced at signalized intersections. The 
requirement in the proposed guidelines for accessible pedestrian 
signals and pedestrian pushbuttons will have impacts on state and local 
transportation departments that do not currently provide accessible 
pedestrian signals and pedestrian pushbuttons when pedestrian signals 
are newly installed or replaced at signalized intersections.
    Question 9. The Access Board seeks information on how many state 
and local transportation departments currently provide accessible 
pedestrian signals and pedestrian pushbuttons when pedestrian signals 
are newly installed or replaced at signalized intersections.

Costs To Provide Accessible Pedestrian Signals and Pedestrian 
Pushbuttons

    The Volpe Center estimated the additional cost for an accessible 
pedestrian pushbutton compared to conventional pushbutton is $350 per 
unit. For a typical intersection with four crosswalks, two accessible 
pedestrian pushbuttons would be required at each corner for a total of 
eight units per intersection and a total additional cost of $2,800 for 
the eight units. The cost of the units is expected to decrease as a 
result of the proposed guidelines due to greater standardization of 
customer requirements and increased orders. The total additional cost 
to provide accessible pedestrian signals and pedestrian pushbuttons, 
including labor and other equipment such as stub poles and conduit, 
will vary by location. The Volpe Center estimated that the total 
additional costs are $3,600 per intersection based on a published cost 
study and interviews with local transportation departments.
    Question 10. The Access Board seeks information from state and 
local transportation departments that currently provide accessible 
pedestrian signals and pedestrian pushbuttons on the additional costs 
to provide the accessible pedestrian signals and pedestrian 
pushbuttons.
    The Volpe Center estimated that pedestrian signals are newly 
installed or replaced at 13,095 signalized intersections on an annual 
basis based on the following assumptions:
     There are over 300,000 existing signalized intersections 
in the United States using a rule-of-thumb of one signalized 
intersection per 1,000 population.\36\
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    \36\ See MUTCD ``Frequently Asked Questions--Part 4--Highway 
Traffic Signals'' at: http://mutcd.fhwa.dot.gov/knowledge/faqs/faq_part4.htm.
---------------------------------------------------------------------------

     There are 2,550 new signalized intersections in the United 
States each year based on the U.S. Census Bureau forecast of future 
population growth (0.85 percent).
     Ninety (90) percent of new and existing signalized 
intersections in the United States provide pedestrian signals.
     The life cycle or replacement rate for existing pedestrian 
signals is 25 years.
    The Volpe Center estimated that the total annual costs are $47 
million for requiring accessible pedestrian signals and pedestrian 
pushbuttons when pedestrian signals are newly installed or replaced at 
signalized intersections.
    Question 11. Comments are requested on the assumptions used to 
estimate the total annual costs for requiring accessible pedestrian 
signals and pushbuttons when pedestrian signals are newly installed or 
replaced at signalized intersections.

R210 Protruding Objects

    Objects that protrude into pedestrian circulation paths can be 
hazardous for pedestrians, especially pedestrians who are blind or have 
low vision. Objects along or overhanging any portion of a pedestrian 
circulation path must comply with the technical requirements for 
protruding objects in Chapter R4. Objects also must not reduce the 
clear width required for pedestrian access routes. An advisory section 
provides examples of street furniture and other objects that must 
comply with these requirements, and notes that the AASHTO ``Guide for 
the Planning, Design, and Operation of Pedestrian Facilities'' 
recommends that local governments regulate the use of sidewalks by 
private entities for activities such as outdoor dining, vending carts 
and stands, and street fairs under an encroachment permit process that 
addresses accessibility, including protruding objects and maintaining 
the clear width of pedestrian access routes.

R211 Signs

    Signs that provide directions, warnings, or other information for 
pedestrians only and signs that identify routes served by transit stops 
must comply with the technical requirements for visual characters in 
Chapter R4. An advisory section provides examples of signs that are 
required and are not required to comply with the technical requirements 
for visual characters in Chapter R4. Signs displaying the International 
Symbol of Accessibility must be provided at accessible parking spaces 
and accessible passenger loading zones.
    The 2004 ADA and ABA Accessibility Guidelines contain similar 
requirements for transit signs (see 810.4 and 810.6). In the 2004 ADA 
and ABA Accessibility Guidelines, characters on bus route signs must 
comply with the technical requirements for character height ``to the 
maximum extent practicable.'' \37\ The phrase ``to the maximum extent 
practicable'' was intended to provide flexibility where there are 
restrictions on the size of signs. A similar provision is not included 
in the proposed guidelines because it is almost always practicable to 
comply with the technical requirements for character height.
---------------------------------------------------------------------------

    \37\ The 2004 ADA and ABA Accessibility Guidelines also do not 
require bus route signs to comply with the technical requirements 
for minimum height above the ground and line spacing (see 703.5.6, 
703.5.9, and 810.4).
---------------------------------------------------------------------------

    Audible sign systems and other technologies are widely used today 
to transmit information and are more usable by pedestrians who are 
blind or have low vision.\38\ Where audible sign systems and other 
technologies are used to transmit information equivalent to the 
information contained on signs, the signs are not required to comply 
with the technical requirements for visual characters in Chapter R4.
---------------------------------------------------------------------------

    \38\ The ANSI approved standard ``ICC A117.1-2009: Accessible 
and Usable Buildings and Facilities'' includes technical 
requirements for remote infrared audible sign systems (see 703.8).
---------------------------------------------------------------------------

    Question 12. The Access Board seeks information on technologies 
that are currently used or are under development to transmit 
information that is equivalent to the information contained on 
pedestrian signs and transit signs provided in the public right-of-way.

[[Page 44677]]

R212 Street Furniture

    Drinking fountains, public toilet facilities, tables, and counters 
must comply with applicable requirements in the 2004 ADA and ABA 
Accessibility Guidelines. Where multiple single-user public toilet 
facilities are clustered at a single location, at least 5 percent, but 
no less than one, of the toilet facilities in each cluster must be 
accessible and identified by the International Symbol of Accessibility. 
At least 50 percent, but no less than one, of benches at each location 
must provide a clear space for a wheelchair adjacent to the bench. 
Benches at tables are not required to comply.

R213 Transit Stops and Transit Shelters

    Transit stops and transit shelters must comply with the technical 
requirements for transit stops and transit shelters in Chapter R3. 
Transit stops in the public right-of-way typically serve fixed route 
bus systems, including bus rapid transit systems, and light rail 
transit systems. An advisory section notes that the Federal Highway 
Administration has issued guidance on the obligation of state and local 
transportation departments, metropolitan planning organizations, and 
transit agencies to coordinate the planning and funding of 
accessibility improvements to transit systems and facilities.

R214 On-Street Parking Spaces

    Where on-street parking is provided on the block perimeter and the 
parking is marked or metered, a minimum number of parking spaces must 
be accessible and comply with the technical requirements for parking 
spaces in Chapter R3. For every 25 parking spaces on the block 
perimeter up to 100 spaces, one parking space must be accessible. For 
every additional 50 parking spaces on the block perimeter between 101 
and 200 spaces, an additional parking space must be accessible. Where 
more than 200 parking spaces are provided on the block perimeter, 4 
percent of the parking spaces must be accessible. Metered parking 
includes parking metered by parking pay stations. Where parking is 
metered by parking pay stations and the parking is not marked, each 6.1 
meters (20 feet) of the block perimeter where parking is permitted is 
counted as one parking space for determining the minimum number of 
accessible parking spaces.

R215 Passenger Loading Zones

    Where passenger loading zones are provided, at least one passenger 
loading zone for each 30 meters (100 feet) of continuous loading zone 
space or fraction thereof must be accessible and comply with the 
technical requirements for passenger loading zones in Chapter R3.

R216 Stairways and Escalators

    Stairways on pedestrian circulation paths must comply with 
technical requirements for stairways in Chapter R4. Escalators on 
pedestrian circulation paths must comply with the applicable technical 
requirements in the 2004 ADA and ABA Accessibility Guidelines. 
Stairways and escalators cannot be part of a pedestrian access route.

R217 Handrails

    Handrails are not required on pedestrian circulation paths. 
However, if handrails are provided on pedestrian circulation paths, the 
handrails must comply with the technical requirements for handrails in 
Chapter R4.

R218 Doors, Doorways, and Gates

    Doors, doorways, and gates to pedestrian facilities such as transit 
shelters must comply with applicable technical requirements in the 2004 
ADA and ABA Accessibility Guidelines.

Chapter R3: Technical Requirements

    Technical requirements specify what design criteria elements, 
spaces, and facilities must comply with in order to be considered 
accessible.

R301 General

    The technical requirements in Chapter R3 apply where required by 
the scoping requirements in Chapter R2, or where referenced by another 
technical requirement in Chapters R3 or R4.

R302 Pedestrian Access Routes

General (R302.1)
    The technical requirements for pedestrian access routes are 
contained in R302, and adapt the technical requirements for accessible 
routes in the 2004 ADA and ABA Accessibility Guidelines to the public 
right-of-way. In alterations where existing physical constraints make 
it impractical to fully comply with the technical requirements, 
compliance is required to the extent practicable within the scope of 
the project (see R202.3.1).
Components (R302.2)
    The components of pedestrian access routes and the technical 
requirements for each component are listed in R302.2. Sidewalks and 
other pedestrian circulation paths, pedestrian street crossings, and 
pedestrian overpasses and underpasses and similar structures must 
comply with all the technical requirements in R302.3 through R302.7. 
Curb ramps and blended transitions must comply with the technical 
requirements in R302.7 and R304. Ramps must comply with the technical 
requirements in R407. Elevators, limited use/limited application 
elevators, platform lifts, and doors, doorways, and gates must comply 
with applicable technical requirements in the 2004 ADA and ABA 
Accessibility Guidelines.
Continuous Width (R302.3)
    The continuous clear width of pedestrian access routes (exclusive 
of the width of the curb) must be 1.2 meters (4 feet) minimum, except 
for medians and pedestrian refuge islands where the clear width must be 
1.5 meters (5 feet) minimum in order to allow for passing space. The 
AASHTO ``Guide for the Planning, Design, and Operation of Pedestrian 
Facilities'' recommends that sidewalks be wider than 1.2 meters (4 
feet), particularly in urban areas. Where sidewalks are wider than 1.2 
meters (4 feet), only a portion of the sidewalk is required to comply 
with the technical requirements in R302.3 through R302.7.
    The advisory committee recommended a minimum width of 1.5 meters (5 
feet) for pedestrian access routes. The proposed guidelines specify a 
minimum width of 1.2 meters (4 feet) in order to allow for street 
furniture and other objects that may be located on sidewalks. R210 
prohibits street furniture and other objects from reducing the clear 
width required for pedestrian access routes. A minimum width of 1.2 
meters (4 feet) will accommodate turns at intersections and building 
entrances. Advisory information recommends additional maneuvering 
clearance at turns or changes in direction, recesses and alcoves, 
building entrances, and along curved or angled routes, particularly 
where the grade exceeds 5 percent.
Passing Spaces (R302.4)
    Where the clear width of pedestrian access routes is less than 1.5 
meters (5 feet), passing spaces must be provided at intervals of 61 
meters (200 feet) maximum. Passing spaces must be 1.5 meters (5 feet) 
minimum by 1.5 meters (5 feet) minimum. Passing spaces are permitted to 
overlap pedestrian access routes.
Grade (R302.5)
    Grade is the slope parallel to the direction of pedestrian travel. 
Grade is calculated by dividing the vertical change in elevation by the 
horizontal distance covered, and is expressed as a percent. Where 
pedestrian access routes

[[Page 44678]]

are contained within a street or highway right-of-way, the grade of the 
pedestrian access route is permitted to equal the general grade 
established for the adjacent street or highway, except that where 
pedestrian access routes are contained within pedestrian street 
crossings a maximum grade of 5 percent is required. This is consistent 
with the AASHTO ``Policy on Geometric Design of Highways and Streets'' 
which recommends that the sidewalk grade follow the grade of adjacent 
roadways, and also recommends maximum cross slopes for roadways. Where 
pedestrian access routes are not contained within a street or highway 
right-of-way, a maximum grade of 5 percent is required.
Cross Slope (R302.6)
    Cross slope is the slope perpendicular to the direction of 
pedestrian travel (see R105.5). On a sidewalk, cross slope is measured 
perpendicular to the curb line or edge of the street or highway. Cross 
slope impedes travel by pedestrians who use wheeled mobility devices 
since energy must be expended to counteract the perpendicular force of 
the cross slope. Cross slope makes it more difficult for pedestrians 
who use wheelchairs to travel on uphill slopes and to maintain balance 
and control on downhill slopes. Cross slope also negatively affects 
pedestrians who use braces, lower limb prostheses, crutches, or 
walkers, as well as pedestrians who have gait, balance, or stamina 
impairments. The maximum cross slope permitted on accessible routes in 
the 2004 ADA and ABA Accessibility Guidelines is 2 percent. In exterior 
environments, a maximum cross slope of 2 percent is generally accepted 
as adequate to allow water to drain off paved walking surfaces.
    A maximum cross slope of 2 percent is specified for pedestrian 
access routes, except for pedestrian access routes contained within 
certain pedestrian street crossings in order to allow for typical 
roadway geometry. A 5 percent maximum cross slope is specified for 
pedestrian access routes contained within pedestrian street crossings 
without yield or stop control to avoid any unintended negative impacts 
on the control and safety of vehicles, their occupants, and pedestrians 
in the vicinity of the intersection. Pedestrian street crossings 
without yield or stop control are crossings where there is no yield or 
stop sign, or where there is a traffic signal that is designed for the 
green phase. At pedestrian street crossings without yield or stop 
control vehicles can proceed through the intersection without slowing 
or stopping. The cross slope of pedestrian access routes contained 
within midblock pedestrian street crossings is permitted to equal the 
street or highway grade.
    Question 13. Comments are requested on whether the description of 
pedestrian street crossings without yield or stop control is clear, or 
whether there is a better way to describe such crossings?
    In new construction, where pedestrian access routes within 
sidewalks intersect at corners, the 2 percent maximum cross slope 
requirement will result in level corners (i.e., the slope at the 
corners will not exceed 2 percent in each direction of pedestrian 
travel). The level corners will provide a platform for providing level 
spaces for curb ramps and blended transitions, pedestrian street 
crossings, and accessible pedestrian signals and pedestrian 
pushbuttons.

Newly Constructed Tabled Intersections That Contain Pedestrian Street 
Crossings With Yield or Stop Control

    The 2 percent maximum cross slope requirement applies to pedestrian 
access routes within pedestrian street crossings with yield or stop 
control where vehicles slow or stop before proceeding through the 
intersection. The cross slope of the pedestrian access route within the 
pedestrian street crossing is the longitudinal grade of the street 
being crossed, and the 2 percent maximum cross slope requirement will 
impact the vertical alignment of streets in the vicinity of the 
intersection. In new construction, street intersections in hilly urban 
areas are typically cut-and filled to produce relative flat or tabled 
intersections. Where pedestrian street crossings with yield or stop 
control are provided at newly constructed tabled intersections, the 
tabling would be extended to the pedestrian street crossings to comply 
with the 2 percent maximum cross slope for pedestrian access routes 
within the pedestrian street crossings.
    Question 14. The Access Board seeks information on the current 
design policies and practices of state and local transportation 
departments with respect to tabling newly constructed intersections in 
hilly urban areas, and particularly whether the tabling is extended to 
pedestrian street crossings with yield or stop control.
    In new construction, extending the tabling of intersections to 
pedestrian street crossings with yield or stop control involves 
additional costs for site preparation, grading, and earthwork. The 
Volpe Center roughly estimated the additional costs to extend the 
tabling to pedestrian street crossings with yield or stop control to be 
$60,000 per intersection based on information provided by a 
transportation official to the Access Board. The costs will vary by 
site.
    Question 15. The Access Board seeks information on the additional 
costs to extend the tabling of newly constructed intersections in hilly 
urban areas to pedestrian street crossings with yield or stop control.
    Question 16. The Access Board seeks information on number of tabled 
intersections which contain pedestrian street crossings with yield or 
stop control that are newly constructed in hilly urban areas on an 
annual basis by state and local transportation departments.
Surfaces (R302.7)
    The proposed technical requirements for surfaces apply to 
pedestrian access routes, including curb ramps and blended transitions, 
and accessible elements and spaces that connect to pedestrian access 
routes. An advisory section lists the accessible elements and spaces 
that connect to pedestrian access routes and are required to comply 
with the technical requirements for surfaces.
    The surfaces of pedestrian access routes and the surfaces at 
accessible elements and spaces that connect to pedestrian access routes 
must be firm, stable, and slip resistant. Vertical alignment of 
surfaces within pedestrian access routes (including curb ramp runs, 
blended transitions, turning spaces, and gutter areas within pedestrian 
access routes) and within the surfaces at accessible elements and 
spaces that connect to pedestrian access routes must be generally 
planar. Grade breaks (i.e., the line where two surface planes with 
different grades meet, see R105.5) must be flush. Where pedestrian 
access routes cross rails at grade, the pedestrian access route must be 
level and flush with the top of the rail at the outer edges of the 
rails, and the surfaces between the rails must be aligned with the top 
of the rail.
    Vertical surface discontinuities (i.e., vertical difference in 
level between two adjacent surfaces, see R105.5) must be 13 millimeters 
(0.5 inch) maximum. Vertical surface discontinuities between 6.4 
millimeters (0.25 inch) and 13 millimeters (0.5 inch) must be beveled 
with a slope not steeper than 50 percent, and the bevel must be applied 
across the entire vertical surface discontinuity. Horizontal openings 
in gratings and joints must not permit the passage of a sphere more 
than 13 millimeters (0.5 inch) in diameter. Elongated openings in 
gratings must be placed so that the

[[Page 44679]]

long dimension is perpendicular to the dominant direction of travel.
    Flangeway gaps at pedestrian at-grade rail crossings must be 64 
millimeters (2.5 inches) maximum on non-freight rail track, and 75 
millimeters (3 inches) maximum on freight rail track. These are the 
typical gaps required to allow passage of train wheel flanges. The 
flangeway gaps are wider than the maximum gap allowed for horizontal 
openings in other surfaces. These wider flangeway gaps pose a potential 
safety hazard to pedestrians who use wheelchairs because the gap can 
entrap the wheelchair casters.\39\ The Federal Railroad Administration 
is sponsoring research to develop materials or devices that will fill 
the flangeway gap under light loads of a wheelchair but will compress 
or retract when a train wheel flange passes over it.\40\ The materials 
or devices will be tested under heavy and light train loads for safety, 
effectiveness, durability, and cost.
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    \39\ For additional information on the potential safety hazard 
of flangeway gaps, see ``Wheelchair Safety at Rail Level Crossings, 
International Review Working Paper'' (2003) at http://
www.transport.vic.gov.au/DOI/DOIElect.nsf/$UNIDS+for+Web+Display/
43D9BDF138FFE9F9CA256D630011A607/$FILE/Rail--Crossing--Disability--
Access-International--Review.pdf; and ``Rail Crossing Disability 
Access Kit'' (2003) available at: http://www.transport.vic.gov.au/
DOI/DOIElect.nsf/$UNIDS+for+Web+Display/
E995EA3FEB44F07CCA256D630011AD71/$FILE/Rail--Crossing--Disability--
Access-Toolkit.pdf.
    \40\ For announcement of award of research contact in 2010, see 
http://www.volpe.dot.gov/sbir/ph1rec10.html and http://www.integran.com/news/IT%20USA%20DOT%20Flangeway%20Gap%20SBIR%20%20100323.pdf. The 
Transportation Research Board has also developed research need 
statements for reducing flangeway gaps at railroad crossings. See 
``Wheelchairs Crossing Flangeway Gaps at Railroad Crossings'' 
(2007); and ``Reducing Flangeway Gaps at Railroad Crossings to 
Better Accommodate Pedestrians'' (2008). The research need 
statements are available at: http://rns.trb.org/dproject.asp?n=13462 
and http://rns.trb.org/dproject.asp?n=17644.
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    Question 17. The Access Board seeks information on materials and 
devices that fill the flangeway gap, and any related research and 
sources of expertise.

R303 Alternate Pedestrian Access Routes (See R205)

    In the 2005 draft of the proposed guidelines, the technical 
requirements for alternate pedestrian access routes were contained in 
Chapter R3. The proposed guidelines reference MUTCD standards for 
alternate pedestrian access routes in the scoping requirements at R205. 
This section heading is included in Chapter R3 of the proposed 
guidelines to notify readers who were familiar with the 2005 draft of 
the proposed guidelines where to find the requirements for alternate 
pedestrian access routes. This section heading will not be included in 
the final guidelines.

R304 Curb Ramps and Blended Transitions

General (R304.1)
    Curb ramps are ramps that are cut through or built up to the curb 
(see R105.5). Curb ramps can be perpendicular or parallel, or a 
combination of parallel and perpendicular ramps. Blended transitions 
are raised pedestrian street crossings, depressed corners, or similar 
connections between the pedestrian access route at the level of the 
sidewalk and the level of the pedestrian street crossing that have a 
grade of 5 percent or less (see R105.5).
    The technical requirements for curb ramps and blended transitions 
are contained in R304 and adapt the technical requirements for curb 
ramps in the 2004 ADA and ABA Accessibility Guidelines to the public 
right-of-way. In alterations where existing physical constraints make 
it impractical to fully comply with the technical requirements, 
compliance is required to the extent practicable within the scope of 
the project (see R202.3.1).
Perpendicular Curb Ramps (R304.2)
    Perpendicular curb ramps have a running slope that cuts through or 
is built up to the curb at right angles or meets the gutter grade break 
at right angles where the curb is curved. On corners with a large curb 
radius, it will be necessary to indent the gutter grade break on one 
side of the curb ramp in order for the curb ramp to meet the gutter 
grade break at right angles.
    A turning space must be provided at the top of perpendicular curb 
ramps. The turning space must be 1.2 meters (4 feet) minimum by 1.2 
meters (4 feet) minimum, and is permitted to overlap other turning 
spaces and clear spaces. Where the turning space is constrained at the 
back of the sidewalk, the turning space must be 1.2 meters (4 feet) 
minimum by 1.5 meters (5 feet) minimum, with the 1.5 meters (5 feet) 
dimension provided in the direction of the ramp run.
    A minimum running slope of 5 percent and a maximum running slope of 
8.3 percent are specified for perpendicular curb ramps, and the ramp 
length is limited to 4.5 meters (15 feet). A maximum running slope of 2 
percent is specified for the turning space at the top of the curb ramp. 
The running slope is measured parallel to the direction of pedestrian 
travel.
    A maximum slope of 10 percent is specified for the flared sides of 
perpendicular curb ramps where a pedestrian circulation path crosses 
the curb ramp. The flared sides are part of the pedestrian circulation 
path, but are not part of the pedestrian access route. The slope of the 
flared sides is measured parallel to the curb line. The 10 percent 
maximum slope for the flared sides is the same as in the 2004 ADA and 
ABA Accessibility Guidelines (see 403.6). Transportation officials have 
reported that the 10 percent maximum slope for the flared sides can 
make it difficult to provide two perpendicular curb ramps at some 
street corners due to the width of the flared sides at the base of the 
curb ramp. The Access Board is considering increasing the maximum slope 
for the flared sides to 12.5 percent or 16.7 percent to address this 
issue.
    Question 18. Comments are requested on whether the maximum slope 
for the flared sides of perpendicular curb ramps should be increased 
from 10 percent to 12.5 percent or 16.7 percent, and what impact such a 
change would have on providing two perpendicular curb ramps at street 
corners. Comments are also requested on any public safety issues that 
may arise from increasing the maximum slope for the flared sides from 
10 percent to 12.5 percent or 16.7 percent.
Parallel Curb Ramps (R304.3)
    Parallel curb ramps have a running slope that is in-line with the 
direction of sidewalk travel and lower the sidewalk to a level turning 
space where a turn is made to enter the pedestrian street crossing.
    A turning space must be provided at the bottom of parallel curb 
ramps. The turning space must be 1.2 meters (4 feet) minimum by 1.2 
meters (4 feet) minimum, and is permitted to overlap other turning 
spaces and clear spaces. Where the turning space is constrained on two 
or more sides, the turning space must be 1.2 meters (4 feet) minimum by 
1.5 meters (5 feet) minimum, with the 1.5 meters (5 feet) dimension 
provided in the direction of the pedestrian street crossing.
    A minimum running slope of 5 percent and a maximum running slope of 
8.3 percent are specified for parallel curb ramps, and the ramp length 
is limited to 4.5 meters (15 feet). A maximum running slope of 2 
percent is specified for the turning space at the bottom of the curb 
ramp. The running slope is measured parallel to the direction of 
pedestrian travel.
Blended Transitions (R304.4)
    A maximum running slope of 5 percent is specified for blended 
transitions. The running slope is

[[Page 44680]]

measured parallel to the direction of pedestrian travel.
Common Requirements (R304.5)
    The clear width of curb ramp runs (excluding flared sides), blended 
transitions, and turning spaces must be 1.2 meters (4 feet) minimum. 
Grade breaks at the top and bottom of curb ramp runs must be 
perpendicular to the direction of the ramp run. Grade breaks are not 
permitted on the surface of ramp runs and turning spaces. Surface 
slopes that meet at grade breaks must be flush. A maximum cross slope 
of 2 percent is specified for curb ramps, blended transitions, and 
turning spaces. At pedestrian street crossings without yield or stop 
control and at midblock pedestrian street crossings, the cross slope is 
permitted to equal the street or highway grade. The cross slope is 
measured perpendicular to the direction of pedestrian travel. A maximum 
counter slope of 5 percent is specified for the gutter or street at the 
foot of curb ramp runs, blended transitions, and turning spaces. A 
clear space must be provided beyond the bottom of the grade break that 
is within the width of the pedestrian street crossing and wholly 
outside the parallel vehicle traffic lane. The clear space must be 1.2 
meters (4 feet) minimum by 1.2 meters (4 feet) minimum.

R305 Detectable Warning Surfaces

    Detectable warning surfaces consist of truncated domes aligned in a 
square or radial grid pattern. The dimensions for dome size and dome 
spacing are the same as in the 2004 ADA and ABA Accessibility 
Guidelines. The detectable warning surfaces must contrast visually with 
adjacent gutter, street or highway, or pedestrian access route surface, 
either light-on-dark or dark-on-light. The detectable warning surfaces 
must extend 610 millimeters (2 feet) minimum in the direction of 
pedestrian travel. At curb ramps and blended transitions, detectable 
warning surfaces must extend the full width of the ramp run (excluding 
flared sides), blended transition, or turning space. At pedestrian at-
grade rail crossings not located within a street or highway, detectable 
warning surfaces must extend the full width of the crossing. At 
boarding platforms for buses and rail vehicles, detectable warning 
surfaces must extend the full length of the public use areas of the 
platform. At boarding and alighting areas at sidewalk or street level 
transit stops for rail vehicles, detectable warning surfaces must 
extend the full length of the transit stop. The proposed technical 
requirements specify where detectable warning surfaces must be placed 
on perpendicular curb ramps, parallel cub ramps, blended transitions, 
pedestrian refuge islands, pedestrian at-grade rail crossings, boarding 
platforms for buses and rail vehicles, and boarding and alighting areas 
at sidewalk or street level transit stops for rail vehicles.

R306 Pedestrian Street Crossings

    The technical requirements in R306 address pedestrian signal phase 
timing and pedestrian street crossings at roundabouts and multi-lane 
channelized turn lanes.

Pedestrian Signal Phase Timing

    Pedestrian signal phase timing must comply with referenced MUTCD 
standards and use a pedestrian clearance time that is calculated based 
on pedestrian walking speed of 1.1 meters/second (3.5 feet/second) or 
less.

Roundabouts

    A roundabout is a circular intersection with yield control at 
entry, which permits a vehicle on the circulatory roadway to proceed, 
and with deflection of the approaching vehicle counter-clockwise around 
a central island (MUTCD section 1A.13). Pedestrian street crossings at 
roundabouts can be difficult for pedestrians who are blind or have low 
vision to identify because the crossings are located off to the side of 
the pedestrian circulation path around the street or highway. Where 
sidewalks are flush against the curb at roundabouts and pedestrian 
street crossing is not intended, a continuous and detectable edge 
treatment must be provided along the street side of the sidewalk at 
roundabouts. Detectable warning surfaces must not be used for edge 
treatment. Where chains, fencing, or railings are used for edge 
protection, the bottom edge of the treatment must be 380 millimeters 
(15 inches) maximum above the sidewalk to be detectable by cane.
    The continuous traffic flow at roundabouts removes many of the 
audible cues that pedestrians who are blind use to navigate pedestrian 
street crossings. At roundabouts with multi-lane pedestrian street 
crossings, a pedestrian activated signal must be provided for each 
multilane segment of each crossing, including the splitter island 
(i.e., median island used to separate opposing directions of traffic 
entering and exiting a roundabout, MUTCD section 1A.13). Transportation 
officials who commented on the 2002 draft guidelines expressed concern 
that signalization of roundabouts would interfere with the flow of 
traffic at roundabout intersections. Pedestrian Hybrid Beacons can be 
used at roundabouts. See MUTCD sections 4F.01 through 4F.03. Pedestrian 
Hybrid Beacons are traffic signals that consist of a yellow signal 
centered below two horizontally aligned red signals. The signals are 
normally dark (i.e., not illuminated). The signals are initiated only 
upon pedestrian activation and can be timed to minimize the 
interruption of traffic. The signals cease operation after the 
pedestrian clears the crosswalk. When activated by a pedestrian, the 
following signals are displayed to drivers: a flashing yellow signal, 
then a steady yellow signal, then two steady red signals during the 
pedestrian walk interval, and then alternating flashing red signals 
during the pedestrian clearance interval. The following signals are 
displayed to pedestrians: a steady upraised hand (symbolizing DON'T 
WALK) when the flashing or steady yellow signal is operating, then a 
walking person (symbolizing WALK) when the steady red signals are 
operating, and then a flashing upraised hand (symbolizing DON'T WALK) 
when the alternating flashing red signals are operating. Transportation 
officials may request permission from the Federal Highway 
Administration to experiment with alternative signals at roundabouts 
(see MUTCD section 1A.10).\41\
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    \41\ The Federal Highway Administration has granted interim 
approval to Rectangular Flashing Rapid Beacons, which can be used at 
roundabouts. However, Rectangular Flashing Rapid Beacons do not 
provide positive indication to drivers to stop and positive 
indication to pedestrians that the walk interval has been actuated. 
Rectangular Flashing Rapid Beacons do not meet MUTCD standards for 
accessible pedestrian signals and pedestrian pushbuttons.
---------------------------------------------------------------------------

Multi-Lane Channelized Turn Lanes

    Pedestrian activated signals must be provided at pedestrian street 
crossings at multi-lane channelized turn lanes at roundabouts and other 
signalized intersections. The pedestrian activated signals must comply 
with MUTCD standards for accessible pedestrian signals and pedestrian 
pushbuttons.

Governmental Units Affected

    The requirement for pedestrian activated signals at roundabouts 
with multi-lane pedestrian street crossings will affect state and local 
transportation departments that construct new roundabouts with multi-
lane pedestrian street crossings. The Volpe Center estimated that state 
and local transportation departments construct 27 new roundabouts with 
multi-lane pedestrian street crossings on an annual basis.\42\
---------------------------------------------------------------------------

    \42\ The Volpe Center used the roundabout database at: http://roundabout.kittelson.com/ to estimate the number of new roundabouts 
with multi-lane pedestrian street crossings that are constructed on 
an annual basis. During the five-year period between 2005 and 2009, 
435 new roundabouts were constructed, of which 117 were multi-lane. 
The data was adjusted for a small number of roundabouts that are 
listed in the database as having an ``unknown'' number of lanes and 
for roundabouts that do have any pedestrian facilities (i.e., 
sidewalks and pedestrian street crossings).

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[[Page 44681]]

Costs To Provide Pedestrian Activated Signals at Roundabouts With 
Multi-Lane Pedestrian Street Crossings

    The Volpe Center estimated the cost to provide pedestrian activated 
signals at new roundabouts with multi-lane pedestrian street crossings 
to range from $90,000 to $230,000 per roundabout, and the total annual 
costs for requiring pedestrian activated signals at new roundabouts 
with multi-lane pedestrian street crossings to range from $2.4 million 
to $6.2 million.
    Question 19. The Access Board seeks additional information on the 
number of roundabouts with multi-lane pedestrian street crossings that 
are newly constructed on an annual basis by state and local 
transportation departments, and the costs to provide pedestrian 
activated signals at newly constructed roundabouts with multi-lane 
pedestrian street crossings.

R307 Accessible Pedestrian Signals and Pedestrian Pushbuttons (See 
R209)

    In the 2005 draft of the proposed guidelines, the technical 
requirements for accessible pedestrian signals and pedestrian 
pushbuttons were contained in Chapter R3. The proposed guidelines 
reference MUTCD standards for accessible pedestrian signals and 
pedestrian pushbuttons in the scoping requirements at R209. This 
section heading is included in Chapter R3 of the proposed guidelines to 
notify readers who were familiar with the 2005 draft of the proposed 
guidelines where to find the requirements for accessible pedestrian 
signals and pedestrian pushbuttons. This section heading will not be 
included in the final guidelines.

R308 Transit Stops and Transit Shelters

    The technical requirements for transit stops and transit shelters 
are contained in R308 and adapt the technical requirements for transit 
facilities in the 2004 ADA and ABA Accessibility Guidelines to the 
public right-of-way.
Transit Stops (R308.1)
    Boarding and alighting areas at sidewalk or street level transit 
stops must be 2.4 meters (8 feet) minimum measured perpendicular to the 
street or highway, and 1.5 meters (5 feet) minimum measured parallel to 
the street or highway. The grade of the boarding and alighting area 
parallel to the street or highway must be equal to street or highway 
grade to the extent practicable. The grade of the boarding and 
alighting area perpendicular to the street or highway must not exceed 2 
percent. Where transit stops serve vehicles with more than one car, 
boarding and alighting areas serving each car must comply with these 
requirements.
    Boarding platforms at transit stops must be positioned to 
coordinate with vehicles to minimize the vertical and horizontal gaps. 
The slope of boarding platforms must not exceed 2 percent in any 
direction. Where boarding platforms serve vehicles operating on 
existing track or existing street or highway, the slope of the platform 
parallel to the track or street or highway is permitted to equal the 
grade of the track or street or highway.
    The surfaces of boarding and alighting areas and boarding platforms 
must comply with the technical requirements for surfaces (see R302.7). 
Boarding and alighting areas and boarding platforms must be connected 
to streets, sidewalks, or pedestrian circulation paths by a pedestrian 
access route.
Transit Shelters (R308.2)
    Transit shelters must be connected by a pedestrian access route to 
boarding and alighting areas or boarding platforms. A clear space (see 
R404) must be provided entirely within the transit shelter. Where 
seating is provided within transit shelters, the clear space must be 
located either at the end of a seat, or not overlap the area within 460 
millimeters (1.5 feet) from the front edge of the seat in order to not 
interfere with others using the seating. Environmental controls within 
transit shelters must be proximity actuated. Protruding objects within 
transit shelters must comply with the technical requirements for 
protruding objects (see R402).
    The Access Board is considering whether to require a turning space 
in transit shelters. Transit shelter designs vary. Some transit 
shelters are enclosed on three or four sides, with an opening for 
ingress and egress. The turning space would be based on the 2004 ADA 
and ABA Accessibility Guidelines (see 304.3).\43\ The turning space 
would be permitted to overlap the clear space within the transit 
shelter and the pedestrian access route, but would not be permitted to 
overlap the area within 460 millimeters (1.5 feet) from the front edge 
of seats in the transit shelter in order to not interfere with others 
using the seating. The portion of the turning space that does not 
overlap the clear space would be permitted to be outside the transit 
shelter.
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    \43\ The 2004 ADA and ABA Accessibility Guidelines require a 
turning space to be either a circular space 1.5 meters (5 feet) 
minimum in diameter, or a T-shaped space within a square with sides 
1.5 meters (5 feet) minimum where the arms and base of the T-Shaped 
space are 915 millimeters (3 feet) minimum. Each arm of the T-shaped 
space must be clear of obstructions 305 millimeters (1 foot) minimum 
in each direction, and the base must be clear of obstructions 610 
millimeters (2 feet) minimum. A circular space is permitted to 
include knee and toe clearance. A T-shaped space is permitted to 
include knee and toe clearance only at the end of either the base or 
one arm.
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    Question 20. Comments are requested on whether a turning space 
should be required in transit shelters and what impact such a 
requirement would have on the design and placement of transit shelters?

R309 On-Street Parking Spaces

General (R309.1)
    The technical requirements for accessible on-street parking spaces 
are contained in R309 and adapt the technical requirements for 
accessible parking spaces in the 2004 ADA and ABA Accessibility 
Guidelines to the public right-of-way.
Parallel Parking Spaces (R309.2)
    Where the adjacent sidewalk or available right-of-way is more than 
4.3 meters (14 feet) wide, an access aisle must be provided at street 
level for the entire length of each accessible parallel parking space. 
The access aisle must be 1.5 meters (5 feet) wide minimum and connect 
to a pedestrian access route. The access aisle must not encroach on the 
vehicular travel lane and comply with the technical requirements for 
surfaces (see R302.7). In alterations where the street or sidewalk 
adjacent to the parking spaces is not altered, an access aisle is not 
required provided the parking spaces are located at the end of the 
block face.
    Where the adjacent sidewalk or available right-of-way is less than 
or equal to 4.3 meters (14 feet) wide, an access aisle is not required, 
but accessible parallel parking spaces must be located at the end of 
the block face.
Perpendicular and Angled Parking Spaces (R309.3)
    An access aisle must be provided at street level for the entire 
length of each accessible perpendicular or angled parking space. The 
access aisle must be 2.4 meters (8 feet) wide minimum to accommodate 
vans with lifts, and connect to a pedestrian access route. Two 
accessible parking spaces are

[[Page 44682]]

permitted to share a common access aisle. The access aisle must be 
marked to discourage parking in the aisle and comply with the technical 
requirements for surfaces (see R302.7).
Curb Ramps and Blended Transitions (R309.4)
    Curb ramps or blended transitions must connect the access aisle 
serving each accessible on-street parking space to the pedestrian 
access route. Curb ramps are not permitted within the access aisle. 
Parking spaces at the end of block face can be served by curb ramps or 
blended transitions at the pedestrian street crossing. Detectable 
warning surfaces are not required on curb ramps and blended transitions 
that connect the access aisle to the sidewalk, including where the 
sidewalk is at the same level as the parking spaces, unless the curb 
ramps and blended transitions also serve pedestrian street crossings.
Parking Meters and Parking Pay Stations (R309.5)
    Operable parts of parking meters and parking pay stations that 
serve accessible on-street parking spaces must comply with technical 
requirements for operable parts in Chapter R4. Displays and information 
must be visible from a point located 1 meter (3.3 feet) maximum above 
the center of the clear space in front of the parking meter or parking 
pay station. At accessible parallel parking spaces, parking meters must 
be located at the head or foot of the space.

R310 Passenger Loading Zones

    The technical requirements for accessible passenger loading zones 
are the same as in the 2004 ADA and ABA Accessibility Guidelines. A 
vehicular pull-up space 2.4 meters (8 feet) wide minimum and 6.1 meters 
(20 feet) long minimum must be provided at accessible passenger loading 
zones. An access aisle must be provided at the same level as the 
vehicle pull-up space. The access aisle must be 1.5 meters (5 feet) 
wide minimum, extend the entire length of the vehicle pull-up space, 
and connect to the pedestrian access route. The access aisle must be 
marked to discourage parking in the aisle and comply with the technical 
requirements for surfaces (see R302.7).

Chapter R4: Supplementary Technical Requirements

    Chapter R4 contains supplementary technical requirements that are 
the same as in the 2004 ADA and ABA Accessibility Guidelines unless 
otherwise noted below.

R401 General

    The supplementary technical requirements in Chapter R4 apply where 
required by scoping requirements in Chapter R2, or where referenced by 
another technical requirement in Chapters R3 or R4.

R402 Protruding Objects

    Objects with leading edges between 685 millimeters (2.25 feet) and 
2 meters (6.7 feet) above the finish surface must not protrude into 
pedestrian circulation paths more than 100 millimeters (4 inches). 
Post-mounted objects such as signs that are between 685 millimeters 
(2.25 feet) and 2 meters (6.7 feet) above the finish surface must not 
overhang pedestrian circulation paths more than 100 millimeters (4 
inches) measured horizontally from the base of the post. The post base 
must be 64 millimeters (2.5 inches) thick minimum. Where objects are 
mounted between posts and the clear distance between the posts is more 
than 305 millimeters (1 foot), the lowest edge of the object must be 
685 millimeters (2.25 feet) minimum or 2 meters (6.7 feet) maximum 
above the finish surface. The requirement for post-mounted objects 
differs from the 2004 ADA and ABA Accessibility Guidelines but is 
consistent with the MUTCD which requires the bottom of signs installed 
on the sidewalk to be 7 feet minimum above the sidewalk, and the bottom 
of secondary signs (i.e., signs mounted below another sign) that are 
lower than 7 feet above the sidewalk to project not more than 4 inches 
into the sidewalk (see MUTCD section 2A.18).
    Guardrails or other barriers to pedestrian travel must be provided 
where the vertical clearance on pedestrian circulation paths is less 
than 2 meters (6.7 feet) high. The leading edge of the guardrail or 
barrier must be 685 millimeters (2.25 feet) maximum above the finish 
surface.

R403 Operable Parts

    An operable part is a component of an element used to insert or 
withdraw objects, or to activate, deactivate, or adjust the element 
(see R105.5). The technical requirements for operable parts apply to 
operable parts on accessible pedestrian signals and pedestrian 
pushbuttons (see R209) and parking meters and parking pay stations that 
serve accessible parking spaces (see R309.5). A clear space must be 
provided at operable parts (see R404). Operable parts must be located 
within the reach ranges (see R406). Operable parts must be operable 
with one hand and not require tight grasping, pinching, or twisting of 
the wrist. The force required to activate operable parts must be no 
more than 22 newtons (5 pounds).

R404 Clear Spaces

    Clear spaces are required at operable parts (see R403.2), including 
accessible pedestrian signals and pedestrian pushbuttons (see R209) and 
parking meters and parking pay stations that serve accessible parking 
spaces (see R309.5). Clear spaces are also required at benches (see 
R212.6) and within transit shelters (see R308.2). Clear spaces must be 
760 millimeters (2.5 feet) minimum by 1220 millimeters (4 feet) 
minimum. Additional maneuvering space must be provided where an element 
is confined on all or part of three sides. Clear spaces are permitted 
to include knee and toe clearance and to be positioned for either 
forward or parallel approach to an element, unless another requirement 
specifies otherwise. The running slope of clear spaces is permitted to 
be consistent with the grade of the adjacent pedestrian access route. 
This requirement differs from the 2004 ADA and ABA Accessibility 
Guidelines which does not permit slopes steeper than 2 percent at clear 
spaces. A 2 percent maximum cross slope is specified for clear spaces. 
Clear spaces must comply with the technical requirements for surfaces 
(see R302.7).

R405 Knee and Toe Clearance

    The technical requirements for knee and toe clearance apply where 
space beneath an element is included as part of the clear space.

R406 Reach Ranges

    Forward and side reach ranges must be between 380 millimeters (1.25 
feet) and 1220 millimeters (4 feet) above the finish surface. The 
requirements for reach ranges differ from the 2004 ADA and ABA 
Accessibility Guidelines in that forward reach over an obstruction is 
not permitted, and side reach over an obstruction is permitted where 
the depth of the obstruction between the clear space and the element is 
225 millimeters (10 inches) maximum.

R407 Ramps

R408 Stairways

R409 Handrails

R410 Visual Characters on Signs

R411 International Symbol of Accessibility

    The technical requirements ramps, stairways, handrails, visual 
characters on signs, and the International Symbol of Accessibility are 
the same as in the

[[Page 44683]]

2004 ADA and ABA Accessibility Guidelines.

Other Issues

Rollability and Smoothness of Walking Surfaces

    Rollability refers to the ease and comfort with which pedestrians 
using wheelchairs and other wheeled mobility devices can travel on 
walking surfaces. Rough or jointed walking surfaces can cause 
pedestrians using wheelchairs and other wheeled mobility devices to 
expend extra energy or pushing effort that makes it more difficult for 
them to use the walking surface, and the resulting surface vibration 
can cause discomfort or pain that may prevent them from using the 
walking surface all together. There are smoothness measures for road 
surfaces but no similar measures for walking surfaces. The Access Board 
is sponsoring preliminary research that will produce a plan for a test 
protocol and instrumentation to measure the rollability and smoothness 
of walking surfaces and to establish an index of surface vibration.
    Question 21. The Access Board seeks information on related research 
and sources of expertise on measuring the rollability and smoothness of 
walking surfaces, including information from the medical community on 
the effects of surface vibration on individuals with disabilities.

Shared Streets

    A shared street is a common space designed for use by pedestrians, 
bicyclists, and vehicles.\44\ Shared streets typically do not have 
curbs and delineated sidewalks. Vehicles typically travel at low speeds 
on shared streets. Trees, planters, parking areas, and other obstacles 
may be placed on shared streets to slow vehicles. Shared streets can be 
in a commercial area or residential area. Shared streets are difficult 
for pedestrians who are blind or have low vision to navigate because of 
the absence of curbs and clearly delineated sidewalks.\45\ The 
Pedestrian Accessibility and Movement Environment Laboratory at 
University College London has conducted limited research on the use of 
tactile surfaces to delineate the space on shared streets that is to be 
used exclusively by pedestrians, and not vehicles.\46\ The tactile 
surfaces tested included raised truncated domes that, in the United 
States, are used as detectable warning surfaces on curb ramps and 
blended transitions to indicate the boundary between the pedestrian 
route and the vehicular route at pedestrian street crossings. Using 
detectable warning surfaces to facilitate wayfinding along shared 
streets would be expanding the use of such surfaces.
---------------------------------------------------------------------------

    \44\ The Pedestrian and Bicycle Information Center provides 
information on shared streets on its Web site at: http://www.walkinginfo.org/engineering/calming-street.cfm.
    \45\ Focus groups and surveys of pedestrians who are blind or 
have low vision conducted in the United Kingdom and Netherlands 
document the difficulties that these pedestrians have using shared 
streets. See ``The Impact of Shared Surface Streets and Shared Use 
Pedestrian/Cycle Paths on the Mobility and Independence of Blind and 
Partially Sighted People'' (2010); ``Shared Surface Street Design 
Research Project, The Issues: Report of Focus Groups'' (2006); and 
``Shared Surface Street Design: Report of Focus Groups Held in 
Holland'' (2006). The reports are available on the Guide Dogs for 
the Blind Association Web site at: http://www.guidedogs.org.uk/sharedstreets/index.php?id=203.
    \46\ ``Shared Space Delineators, Are They Detectable?'' (2010) 
at http://www.tap.iht.org/objects_store/201004/TfL%20Report%2020100415.pdf. See also ``Testing Proposed Delineators 
to Demarcate Pedestrian Paths in a Shared Space Environment, Report 
of Design Trials Conducted at University College London'' (2008) 
available on the Guide Dogs for the Blind Association Web site at: 
http://www.guidedogs.org.uk/sharedstreets/index.php?id=203.
---------------------------------------------------------------------------

    Question 22. The Access Board seeks information on the design of 
shared streets in the United States, and whether tactile surfaces or 
other design features are used to facilitate wayfinding along shared 
streets. The Access Board also seeks information about other research 
that is planned or underway on the use of tactile surfaces or other 
design features to facilitate wayfinding along shared streets.

Regulatory Process Matters

Executive Orders 12866 and 13563

    The Office of Management and Budget has reviewed this proposed rule 
pursuant to Executive Orders 12866 and 13563.\47\ The Access Board 
prepared a regulatory assessment of the potential costs and benefits of 
the proposed rule. The regulatory assessment is available on the Access 
Board Web site at: http://www.access-board.gov/prowac/index. htm, and 
is also available in the regulatory docket at http://www.regulations.gov. The information in the regulatory assessment is 
discussed in the preamble under Impacts on State and Local Governments 
and under the relevant requirements in the Section-by-Section Analysis. 
The information in the regulatory assessment is also summarized in the 
tables below, As indicated in the tables below, the regulatory 
assessment does not include estimates of the total annual costs for two 
of the requirements in the proposed guidelines that will have more than 
minimal impacts because information is not available to estimate the 
costs. Questions are included in the preamble seeking additional 
information to assist the Board to estimate the total annual costs of 
these two requirements and to refine the cost estimates for the other 
requirements in the proposed guidelines. Consequently, the Access Board 
has not determined whether the proposed guidelines are an economically 
significant regulatory action.\48\ The Access Board will analyze the 
information received in response to the questions in the preamble. When 
the final guidelines are issued, the Access Board will revise the 
regulatory assessment and determine whether the guidelines are an 
economically significant regulatory action.
---------------------------------------------------------------------------

    \47\ Executive Orders 12866 and 13563 establish and reaffirm 
principles of regulation that direct Federal agencies among other 
things to: ``(1) Propose or adopt a regulation only upon a reasoned 
determination that its benefits justify its costs (recognizing that 
some benefits and costs are difficult to quantify); (2) tailor its 
regulations to impose the least burden on society, consistent with 
obtaining regulatory objectives, taking into account, among other 
things, and to the extent practicable, the costs of cumulative 
regulations; (3) select, in choosing among alternative regulatory 
approaches, those approaches that maximize net benefits (including 
potential economic, environmental, public health and safety, and 
other advantages; distributive impacts; and equity); (4) to the 
extent feasible, specify performance objectives, rather than 
specifying the behavior or manner of compliance that regulated 
entities must adopt; and (5) identify and assess available 
alternatives to direct regulation, including providing economic 
incentives to encourage the desired behavior, such as user fees or 
marketable permits, or providing information upon which choices can 
be made by the public.'' Executive Order 13563, section 1(b).
    \48\ A regulatory action is economically significant if it is 
anticipated to ``[h]ave an annual effect on the economy of $100 
million or more'' or to ``adversely affect in a material way the 
economy, a sector of the economy, productivity, competition, jobs, 
the environment, public health or safety, or State, local, or tribal 
government communities.'' Executive Order 12866, section 2(f)(1).
---------------------------------------------------------------------------

Baseline

    All state transportation departments and most local transportation 
departments maintain design manuals and standard drawings for 
improvements in the public right-of-way. The local transportation 
department design manuals and standard drawings are generally 
consistent with their state transportation department design manuals 
and standard drawings. State and local transportation departments use 
publications issued by the American Association of State and Highway 
Transportation Officials (AASHTO) in their design manuals and standard 
drawings, including the ``Policy on Geometric Design of Highways and

[[Page 44684]]

Streets'' (2004) (commonly referred to as the ``AASHTO Green Book'') 
and the ``Guide for the Planning, Design, and Operation of Pedestrian 
Facilities'' (2004) which incorporate accessibility in the design of 
sidewalks and other pedestrian facilities.\49\ The Federal Highway 
Administration as part of its stewardship and oversight 
responsibilities has also worked with state transportation departments 
to incorporate accessibility in their design manuals and standards 
drawings. The Federal Highway Administration has issued guidance that 
the accessibility standards in the Department of Justice regulations 
implementing Title II of the Americans with Disabilities Act and the 
Department of Transportation regulations implementing Section 504 are 
to be used to the extent feasible for the design of pedestrian 
facilities in the public right-of-way until new accessibility standards 
are adopted for these facilities.
---------------------------------------------------------------------------

    \49\ See footnote 20 for additional information on the AASHTO 
publications and accessibility.
---------------------------------------------------------------------------

    In the absence of the proposed guidelines, the regulatory 
assessment assumes that state and local transportation departments will 
use the DOJ 2010 Standards in the Department of Justice regulations 
implementing Title II of the Americans with Disabilities Act to the 
extent feasible when designing, constructing, or altering pedestrian 
facilities in the public right-of-way, consistent with the guidance 
issued by the Federal Highway Administration, as well as other 
applicable standards and industry practices. An analysis of the 
proposed guidelines compared to the DOJ 2010 Standards, other 
applicable standards, and industry practices is included in the 
appendix to the regulatory assessment. The analysis identified four 
requirements in the proposed guidelines that will have more than 
minimal impacts on state and local transportation departments. The 
factors used to identify whether the requirements in the proposed 
guidelines will have more than minimal impacts are discussed in the 
regulatory assessment and in the preamble under Impacts on State and 
Local Governments. The four requirements in the proposed guidelines 
that will have more than minimal impacts on state and local 
transportation departments are summarized in the table below, along 
with a description of the governmental units affected by proposed 
requirements and questions in the preamble to the proposed guidelines 
that seek additional information on the governmental units affected.

  Requirements in Proposed Guidelines That Will Have More Than Minimal
          Impacts on State and Local Transportation Departments
------------------------------------------------------------------------
              Requirement                  Governmental units affected
------------------------------------------------------------------------
Detectable warning surfaces required on  Will affect state and local
 newly constructed and altered curb       transportation departments
 ramps and blended transitions at         that do not currently provide
 pedestrian street crossings (R208.1      detectable warning surfaces on
 and R305).                               curb ramps.
                                         All state transportation
                                          departments currently specify
                                          detectable warning surfaces on
                                          curb ramps in their standard
                                          drawings; most local
                                          transportation departments
                                          maintain standard drawings
                                          that are consistent with
                                          standard drawings maintained
                                          by their state transportation
                                          departments.
                                         Questions 4, 5, and 6 in
                                          preamble seek information on
                                          state and local transportation
                                          departments that do not
                                          currently provide detectable
                                          warning surfaces on curb
                                          ramps.
Accessible pedestrian signals and        Will affect state and local
 pushbuttons required when pedestrian     transportation departments
 signals newly installed or replaced at   that do not currently provide
 signalized intersections (R209).         accessible pedestrian signals
                                          and pedestrian pushbuttons
                                          when pedestrian signals are
                                          newly installed or replaced at
                                          signalized intersections.
                                         Some state and local
                                          transportation departments
                                          currently provide accessible
                                          pedestrian signals and
                                          pedestrian pushbuttons when
                                          pedestrian signals are newly
                                          installed or replaced at
                                          signalized intersections; TEA-
                                          21 (23 U.S.C. 217 (g))
                                          directed that audible traffic
                                          signals be included in
                                          transportation plans and
                                          projects where appropriate.
                                         Question 9 in preamble seeks
                                          information on state and local
                                          transportation departments
                                          that currently provide
                                          accessible pedestrian signals
                                          and pedestrian pushbuttons
                                          when pedestrian signals are
                                          newly installed or replaced at
                                          signalized intersections.
Maximum cross slope of 2 percent         Will affect state and local
 required on pedestrian access routes,    transportation departments
 including within pedestrian street       that construct new tabled
 crossings with yield or stop control     intersections in hilly urban
 (R204.3 and R302.6).                     areas which contain pedestrian
                                          street crossings with yield or
                                          stop control.
                                         Question 14 in preamble seeks
                                          information on the current
                                          design policies and practices
                                          of state and local
                                          transportation departments
                                          with respect to tabling newly
                                          constructed intersections in
                                          hilly urban areas,
                                          particularly with respect to
                                          extending the tabling to
                                          pedestrian street crossings
                                          with yield or stop control.
Pedestrian activated signals required    Will affect state and local
 at roundabouts with multi-lane           transportation departments
 pedestrian crossings (R206 and           that construct new roundabouts
 R306.3.2).                               with multi-lane pedestrian
                                          street crossings.
------------------------------------------------------------------------

    The Access Board entered into an interagency agreement with the 
Volpe National Transportation Systems Center (Volpe Center) to gather 
data and prepare cost estimates for the regulatory assessment. The cost 
estimates prepared by the Volpe Center are summarized in the table 
below, along with questions in the preamble to the proposed guidelines 
that seek additional information to refine the cost estimates.

[[Page 44685]]



    Estimated Total Annual Costs for Requirements That Will Have More Than Minimal Impacts on State and Local
                                           Transportation Departments
----------------------------------------------------------------------------------------------------------------
                                                                 Number of elements or
                                         Additional costs per    facilities constructed   Total annual costs for
             Requirement               element or facility due    or altered on annual         requirement
                                            to requirement               basis
----------------------------------------------------------------------------------------------------------------
Detectable warning surfaces required   $48 to $240 for          No information           No estimate provided.
 on newly constructed and altered       detectable warning       available.
 curb ramps and blended transitions     materials for typical
 at pedestrian street crossings         curb ramp.
 (R208.1 and R305).
                                       Question 8 in preamble   Question 7 in preamble   Total annual costs will
                                        seeks additional         seeks information on     depend on number of
                                        information on costs     number of curb ramps     state and local
                                        for detectable warning   that are constructed     transportation
                                        materials and            or altered on an         departments that do
                                        installation of the      annual basis in the      not currently provide
                                        materials on typical     public right-of-way.     detectable warning
                                        curb ramp.                                        surfaces on curb
                                                                                          ramps, and number of
                                                                                          curb ramps that they
                                                                                          construct or alter on
                                                                                          an annual basis.
Accessible pedestrian signals and      $3,600 per signalized    Pedestrian signals       $47 million.
 pushbuttons required when pedestrian   intersection.            newly installed or
 signals newly installed or replaced                             replaced at 13,095
 at signalized intersections (R209).                             signalized
                                                                 intersections on an
                                                                 annual basis.
                                       Question 10 in preamble
                                        seeks additional
                                        information on costs
                                        for providing
                                        accessible pedestrian
                                        signals and pedestrian
                                        pushbuttons at
                                        signalized
                                        intersections.
Maximum cross slope of 2 percent       $60,000 per tabled       No information           No estimate provided.
 required on pedestrian access          intersection.            available.
 routes, including within pedestrian
 street crossings with yield or stop
 control (R204.3 and R302.6).
                                       Question 15 in preamble  Question 16 in preamble  Total annual costs will
                                        seeks additional         seeks information on     depend on number of
                                        information on costs     number of tabled         tabled intersections
                                        to extend tabling of     intersections which      which contain
                                        newly constructed        contain pedestrian       pedestrian street
                                        intersections in hilly   street crossings with    crossings with yield
                                        urban areas to           yield or stop control    or stop control that
                                        pedestrian street        that are newly           are newly constructed
                                        crossings with yield     constructed in hilly     in hilly urban areas
                                        or stop control.         urban areas on an        on an annual basis.
                                                                 annual basis.
Pedestrian activated signals required  $90,000 to $230,000 per  27 new roundabouts with  $2.4 million to $6.2
 at roundabouts with multi-lane         roundabout.              multi-lane pedestrian    million.
 pedestrian crossings (R206 and                                  street crossings
 R306.3.2).                                                      constructed on an
                                                                 annual basis.
                                       Question 19 in preamble
                                        seeks additional
                                        information on costs
                                        to provide pedestrian
                                        activated signals at
                                        roundabouts with multi-
                                        lane pedestrian
                                        crossings.
----------------------------------------------------------------------------------------------------------------

Benefits

    The proposed guidelines will benefit pedestrians with disabilities. 
The U.S. Census Bureau reports that 54.4 million Americans, about one 
in five U.S. residents, reported some level of disability in 2005.\50\ 
The number of individuals with disabilities is almost equal to the 
combined total population of California and Florida. The U.S. Census 
Bureau provides this breakdown of the population of people aged 15 and 
older:
---------------------------------------------------------------------------

    \50\ ``Americans with Disabilities: 2005'' (2008) available on 
the Web at: http://www.census.gov/prod/2008pubs/p70-117.pdf.
---------------------------------------------------------------------------

     27.4 million (11.9 percent) had difficulty with ambulatory 
activities of the lower body;
     22.6 million people (9.8 percent) had difficulty walking a 
quarter of a mile;
     21.8 million (9.4 percent) had difficulty climbing a 
flight of stairs;
     10.2 million (4.4 percent) used a cane, crutches, or 
walker to assist with mobility;
     3.3 million (1.4 percent) used a wheelchair or other 
wheeled mobility device; and
     7.8 million (3 percent) had difficulty seeing words or 
letters in ordinary newspaper print, including 1.8 million who are 
completely unable to see.
    Executive Order 13563 states that to the extent permitted by law 
Federal agencies must ``propose or adopt a regulation only upon a 
reasoned determination that its benefits justify its costs (recognizing 
that some benefits and costs are difficult to quantify)'' and that 
``where appropriate and permitted by law, each agency may consider and 
(discuss qualitatively) values that are difficult or impossible to 
quantify, including equity, human dignity, fairness, and distributive 
impacts.'' The proposed guidelines promote important societal values 
that are difficult or impossible to quantify. As discussed

[[Page 44686]]

above under the Need for Rulemaking, when enacting the Americans with 
Disabilities Act, Congress found ``the discriminatory effects of 
architectural, transportation, and communication barriers'' to be a 
continuing problem that ``denies people with disabilities the 
opportunity to compete on an equal basis and to pursue those 
opportunities for which our free society is justifiably famous, and 
costs the United States billions of dollars in unnecessary expenses 
resulting from dependency and nonproductivity.'' 42 U.S.C. 12101(a)(5) 
and (9). Congress declared that ``the Nation's proper goals regarding 
individuals with disabilities are to assure equality of opportunity, 
full participation, independent living, and economic self-
sufficiency.'' 42 U.S.C. 12101(a)(8). The proposed guidelines promote 
the goals declared by Congress by eliminating the discriminatory 
effects of architectural, transportation, and communication barriers in 
the design and construction of pedestrian facilities in the public 
right-of-way. The proposed guidelines are also important to achieving 
the benefits of the other parts of the Americans with Disabilities Act. 
As the House Report for the Americans with Disabilities Act stated, 
``[t]he employment, transportation, and public accommodation sections * 
* * would be meaningless if people who use wheelchairs were not 
afforded the opportunity to travel on and between the streets.'' H.R. 
485, 101st Cong., 2d Sess. 84 (1990).
    Question 23. Comments are requested on whether the proposed 
guidelines have other quantitative or qualitative benefits in addition 
to those discussed above.

Regulatory Flexibility Act: Initial Regulatory Flexibility Analysis

    The impacts of the proposed guidelines on small governmental 
jurisdictions with a population of less than 50,000 are discussed 
below. This information is required by the Regulatory Flexibility Act 
(5 U.S.C. 603).

Reasons for Issuing Proposed Accessibility Guidelines

    The Access Board's current accessibility guidelines, the 2004 ADA 
and ABA Accessibility Guidelines, were developed primarily for 
buildings and facilities on sites. Some of the requirements in the 2004 
ADA and ABA Accessibility Guidelines can be readily applied to 
pedestrian facilities in the public right-of-way, but other 
requirements need to be adapted for pedestrian facilities in the public 
right-of-way. The proposed guidelines are developed specifically for 
pedestrian facilities in the public right-of-way and address conditions 
and constraints that exist in the public right-of-way.

Objectives of, and Legal Basis for, Proposed Accessibility Guidelines

    The Access Board is required to issue accessibility guidelines by 
the Americans with Disabilities Act (42 U.S.C. 12204) and Section 502 
of the Rehabilitation Act (29 U.S.C. 792) to ensure that newly 
constructed and altered facilities are readily accessible to and usable 
by pedestrians with disabilities.

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.

------------------------------------------------------------------------
                                                              Population
                 Governmental jurisdictions                   less than
                                                                50,000
------------------------------------------------------------------------
County.....................................................        2,178
Municipal..................................................       18,824
Town or Township...........................................       16,371
                                                            ------------
    Total..................................................       37,375
------------------------------------------------------------------------
Source: U.S. Census Bureau 2002 Census of Governments available at:
  http://www.census.gov/prod/2003pubs/gc021x1.pdf.

    Almost 70 percent of municipal governments (13,038) and more than 
75 percent of towns and townships (12,331) 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).

Compliance Requirements

    The proposed accessibility guidelines address the design, 
construction, and alteration of pedestrian facilities in the public 
right-of-way, including sidewalks, pedestrian street crossings, 
pedestrian overpasses and underpasses, curb ramps and blended 
transitions at pedestrian street crossings, 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, without or without additions and 
modifications, as accessibility standards by other Federal agencies. 
There are no reporting or recordkeeping requirements.

Other Federal Rules

    The Department of Justice, Department of Transportation, and 
General Services Administration are responsible for issuing 
accessibility standards that are consistent with the accessibility 
guidelines issued by the Access Board and are expected to conduct 
rulemaking to adopt the proposed guidelines, with or without additions 
and modifications, as accessibility standards in regulations 
implementing Title II of the Americans with Disabilities Act (28 CFR 
part 36 and 49 CFR part 37), Section 504 of the Rehabilitation Act (49 
CFR part 27), and the Architectural Barriers Act (41 CFR part 102). 
Additional information on these laws and regulations is provided under 
the Statutory and Regulatory Background in the preamble to the proposed 
guidelines.

Significant Alternatives Which Minimize Any Significant Economic 
Impacts on Small Entities

    The regulatory assessment analyzes the following four requirements 
in the proposed guidelines that will have more than minimal impacts on 
state and local transportation departments:
     Detectable warning surfaces required on newly constructed 
and altered curb ramps and blended transitions at pedestrian street 
crossings (see R208.1 and R305). Detectable warning surfaces consist of 
small truncated domes that are detectable underfoot. Where curb ramps 
or blended transitions are provided at pedestrian street crossings, 
detectable warning surfaces indicate the boundary between a pedestrian 
route and a vehicular route for pedestrians who are blind or have low 
vision in place of the missing curb.
     Accessible pedestrian signals and pedestrian pushbuttons 
required when pedestrian signals newly installed or replaced at 
signalized intersections (see R209). 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.
     Maximum cross slope of 2 percent required on pedestrian 
access routes, including within pedestrian street crossings with yield 
or stop control. Cross slope is the slope perpendicular to

[[Page 44687]]

the direction of pedestrian travel. Cross slope impedes travel by 
pedestrians who use wheeled mobility devices since energy must be 
expended to counteract the perpendicular force of the cross slope. The 
2 percent maximum cross slope required on pedestrian access routes has 
more than minimal impacts on the construction of new tabled 
intersections in hilly urban areas that contain pedestrian street 
crossings with yield or stop control where vehicles slow or stop before 
proceeding through the intersection.
     Pedestrian activated signals at roundabouts with multi-
lane pedestrian street crossings. A roundabout is a circular 
intersection with yield control at entry, which permits a vehicle on 
the circulatory roadway to proceed, and with deflection of the 
approaching vehicle counter-clockwise around a central island. 
Pedestrian activated signals are required at roundabouts with multi-
lane pedestrian street crossings to facilitate crossing by pedestrians 
who are blind or have low vision. Small governmental jurisdictions with 
a population less than 50,000 are not likely to construct roundabouts 
with multi-lane pedestrian street crossings and will not be affected by 
this requirement.
    There are no significant alternatives that will minimize any 
significant impacts of these requirements on small governmental 
jurisdictions and achieve the objectives of the Americans with 
Disabilities Act, Section 504 of the Rehabilitation Act, and the 
Architectural Barriers Act to eliminate the discriminatory effects of 
architectural, transportation, and communication barriers in the design 
and construction of pedestrian facilities in the public right-of-way.

Executive Order 13132: Federalism

    The proposed rule adheres to the fundamental federalism principles 
and policy making criteria in Executive Order 13132. The proposed rule 
is issued under the authority of the Americans with Disabilities Act, 
civil rights legislation that was enacted by Congress pursuant to its 
authority to enforce the Fourteenth Amendment to the U.S. Constitution 
and to regulate commerce. The Americans with Disabilities Act was 
enacted ``to provide a clear and comprehensive national mandate for the 
elimination of discrimination against individuals with disabilities.'' 
42 U.S.C. 12101 (b) (1). The Americans with Disabilities Act recognizes 
the authority of State and local governments to enact and enforce laws 
that ``provide for greater or equal protection for the rights of 
individuals with disabilities than are afforded by this chapter.'' 42 
U.S.C. 12201 (b). The proposed rule is based on the recommendations of 
a Federal advisory committee which included representatives of state 
and local governments. The Access Board made drafts of the proposed 
rule available for public review and comment. State and local 
governments provided comments on the drafts of the proposed rule.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act does not apply to proposed or 
final rules that enforce constitutional rights of individuals or 
enforce statutory rights that prohibit discrimination on the basis of 
race, color, sex, national origin, age, handicap, or disability. Since 
the proposed rule is issued under the Americans with Disabilities Act, 
which prohibits discrimination on the basis of disability, an 
assessment of the rule's effect on State, local, and tribal 
governments, and the private sector is not required by the Unfunded 
Mandates Reform Act.

List of Subjects in 36 CFR Part 1190

    Buildings and facilities, Civil rights, Individuals with 
disabilities, Transportation.

Nancy Starnes,
Chair.

    For the reasons stated in the preamble, the Access Board proposes 
to add part 1190 to title 36 of the Code of Federal Regulations to read 
as follows:

PART 1190--ACCESSIBILITY GUIDELINES FOR PEDESTRIAN FACILITIES IN 
THE PUBLIC RIGHT-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 and 42 U.S.C. 12204.


Sec.  1190.1  Accessibility Guidelines.

    The accessibility guidelines for pedestrian facilities in the 
public right-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. 
A copy of the guidelines with figures is available on the Access Board 
Web site at: http://www.access-board.gov/prowac/nprm.htm. Except for 
the International Symbol of Accessibility in Figure R411, which is 
included in the appendix to this part, the figures are for illustration 
purposes only and do not establish requirements.

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

CHAPTER R1: APPLICATION AND ADMINISTRATION

R101 Purpose

    R101.1 General. This document contains scoping and technical 
requirements to ensure that facilities for pedestrian circulation 
and use located in the public right-of-way are readily accessible to 
and usable by pedestrians with disabilities. Compliance with this 
document is mandatory when required by regulations issued by federal 
agencies that include accessibility standards for the design, 
construction, and alteration of pedestrian facilities in the public 
right-of-way.
    Advisory R101.1 General. Sections marked as ``advisory'' contain 
advisory information related to the preceding section. Advisory 
sections do not establish mandatory requirements. Some advisory 
sections reference related mandatory requirements to alert readers 
about those requirements.
    R101.2 Effect on Existing Facilities. This document does not 
address existing facilities unless the facilities are included 
within the scope of an alteration undertaken at the discretion of a 
covered entity.
    Advisory R101.2 Effect on Existing Facilities. The Department of 
Justice regulations implementing Title II of the Americans with 
Disabilities Act contain requirements for state and local 
governments regarding program accessibility and existing facilities. 
See 28 CFR 35.150. The Department of Transportation regulations 
implementing Section 504 of the Rehabilitation Act also contain 
requirements for recipients of federal financial assistance from the 
Department regarding compliance planning. See 49 CFR 27.11(c).
    R102 Equivalent Facilitation. The use of alternative designs, 
products, or technologies that result in substantially equivalent or 
greater accessibility and usability than the requirements in this 
document is permitted.

R103 Conventions

    R103.1 Conventional Industry Tolerances. Dimensions are subject 
to conventional industry tolerances except where dimensions are 
stated as a range.
    Advisory R103.1.1 Conventional Industry Tolerances. Conventional 
industry tolerances include tolerances for field conditions and 
tolerances that may be a necessary consequence of a particular 
manufacturing process. Conventional industry tolerances do not apply 
to design work.
    R103.2 Calculation of Percentages. Where the required number of 
elements or facilities to be provided is determined by calculations 
of ratios or percentages and remainders or fractions result, the 
next greater whole number of such elements or facilities shall be

[[Page 44688]]

provided. Where the determination of the required size or dimension 
of an element or facility involves ratios or percentages, rounding 
down for values less than one half is permitted.
    R103.3 Units of Measurement. Measurements are stated in metric 
and U.S. customary units. The values stated in each system (metric 
and U.S. customary units) may not be exact equivalents, and each 
system shall be used independently of the other.
    Advisory R103.3 Units of Measurement. Users should work entirely 
within one system of measurement, either metric or U.S. customary 
units. Combining values from the two systems may result in non-
compliance.

R104 Referenced Standards

    R104.1 Incorporation by Reference. The specific editions of the 
standards listed in R104.2 are incorporated by reference in this 
document and are part of the requirements to the prescribed extent 
of each such reference. The Director of the Federal Register has 
approved the standards for incorporation by reference in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the referenced 
standards may be inspected at the Access Board, 1331 F Street, NW., 
Suite 1000, Washington, DC 20004; or at the National Archives and 
Records Administration (NARA). For information on the availability 
of the referenced standards at NARA, call (202) 741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    R104.2 MUTCD. The portions of the Manual on Uniform Traffic 
Control Devices for Streets and Highways (MUTCD), 2009 Edition, that 
are incorporated by reference in this document consist of 
definitions (see R105.2) and standard statements, as defined in 
section 1A.13 of the MUTCD (see R205, R209, and R306.3). Guidance, 
option, and support statements, as defined in section 1A.13 of the 
MUTCD, shall be used to assist in the interpretation of the standard 
statements. Where there are differences between this document and 
the referenced standards, this document applies. The MUTCD is 
available on the Federal Highway Administration Web site at http://mutcd.fhwa.dot.gov. Printed copies may be purchased from the 
American Association of State Highway and Transportation Officials, 
444 N Capitol Street, NW., Washington, DC 20001 (http://www.transportation.org/).
    Advisory R104.2 MUTCD. MUTCD definitions and standard statements 
are referenced in the following sections of this document:
     R105.2 references definitions in section 1A.13 of the 
MUTCD;
     R205 references standard statements in sections 6D.01, 
6D.02, 6G.05, 6F.63, 6F.68, and 6F.71 of the MUTCD for providing 
alternate pedestrian access routes when a pedestrian circulation 
path is temporarily closed;
     R209 references standard statements in sections 4E.08 
through 4E.13 of the MUTCD for accessible pedestrian signals and 
pedestrian pushbuttons; and
     R306.2 references standard statements in section 4E.06 
of the MUTCD for pedestrian signal phase timing.

R105 Definitions

    R105.1 General. For the purpose of this document, the terms 
defined in R105.5 have the indicated meaning.
    R105.2 Terms Defined in Referenced Standards. Terms used in 
specific sections of the MUTCD that are incorporated by reference in 
this document shall have the meaning specified in section 1A.13 of 
the MUTCD (incorporated by reference, see R104.2). In addition, the 
following terms shall have the meaning specified in section 1A.13 of 
the MUTCD (incorporated by reference, see R104.2): highway, 
intersection, island, median, pedestrian, roundabout, sidewalk, 
splitter island, and street.
    R105.3 Undefined Terms. The meaning of terms not specifically 
defined in R105.5, the referenced standards, or regulations issued 
by Federal agencies that adopt this document as accessibility 
standards shall be as defined by collegiate dictionaries in the 
sense that the context implies.
    R105.4 Interchangeability. Words, terms, and phrases used in the 
singular include the plural and those used in the plural include the 
singular.

R105.5 Defined Terms.

    Accessible. Describes a facility in the public right-of-way that 
complies with this document.
    Alteration. A change to a facility in the public right-of-way 
that affects or could affect pedestrian access, circulation, or use. 
Alterations include, but are not limited to, resurfacing, 
rehabilitation, reconstruction, historic restoration, or changes or 
rearrangement of structural parts or elements of a facility.
    Blended Transition. A raised pedestrian street crossing, 
depressed corner, or similar connection between the pedestrian 
access route at the level of the sidewalk and the level of the 
pedestrian street crossing that has a grade of 5 percent or less.
    Cross Slope. The grade that is perpendicular to the direction of 
pedestrian travel.
    Curb Line. A line at the face of the curb that marks the 
transition between the curb and the gutter, street, or highway.
    Curb Ramp. A ramp that cuts through or is built up to the curb. 
Curb ramps can be perpendicular or parallel, or a combination of 
parallel and perpendicular ramps.
    Element. An architectural or mechanical component of a building, 
facility, space, site, or public right-of-way.
    Facility. All or any portion of buildings, structures, 
improvements, elements, and pedestrian or vehicular routes located 
in the public right-of-way.
    Grade Break. The line where two surface planes with different 
grades meet.
    Operable Part. A component of an element used to insert or 
withdraw objects, or to activate, deactivate, or adjust the element.
    Pedestrian Access Route. A continuous and unobstructed path of 
travel provided for pedestrians with disabilities within or 
coinciding with a pedestrian circulation path.
    Pedestrian Circulation Path. A prepared exterior or interior 
surface provided for pedestrian travel in the public right-of-way.
    Public Right-of-Way. Public land or property, usually in 
interconnected corridors, that is acquired for or dedicated to 
transportation purposes.
    Qualified Historic Facility. A facility that is listed in or 
eligible for listing in the National Register of Historic Places, or 
designated as historic under an appropriate state or local law.
    Running Slope. The grade that is parallel to the direction of 
pedestrian travel.
    Vertical Surface Discontinuities. Vertical differences in level 
between two adjacent surfaces.

CHAPTER R2: SCOPING REQUIREMENTS

R201 Application

    R201.1 Scope. All newly constructed facilities, altered portions 
of existing facilities, and elements added to existing facilities 
for pedestrian circulation and use located in the public right-of-
way shall comply with the requirements in this document.
    Advisory R201.1 Scope. The requirements in this document are to 
be applied to all areas of a facility within the scope of the 
project. Where multiple features of the same type are provided, such 
as on-street parking spaces, and a percentage of the features are 
required to be accessible, only the required number of features must 
comply with the technical requirements in this document and be 
connected to a pedestrian access route. Where elements are provided 
on a site that is a designated portion of a public right-of-way, the 
elements are required to comply with the applicable requirements in 
this document instead of the requirements in the Americans with 
Disabilities Act Accessibility Guidelines for Buildings and 
Facilities and the Architectural Barriers Act Accessibility 
Guidelines (36 CFR part 1191).
    R201.2 Temporary and Permanent Facilities. The requirements in 
this document shall apply to temporary and permanent facilities in 
the public right-of-way.
    Advisory R201.2 Temporary and Permanent Facilities. Temporary 
pedestrian circulation paths around work zones and portable public 
toilets are examples of temporary facilities in the public right-of-
way that are covered by the requirements in this document.
    R201.3 Buildings and Structures. Buildings and structures in the 
public right-of-way that are not covered by the requirements in this 
document shall comply with the applicable requirements in 36 CFR 
part 1191.
    Advisory R201.3 Buildings and Structures. Towers and temporary 
performance stages and reviewing stands are examples of structures 
that may be provided in the public right-of-way and are not covered 
by the requirements in this document. These structures are required 
to comply with the applicable requirements in the Americans with 
Disabilities Act Accessibility Guidelines for Buildings and 
Facilities and the Architectural Barriers Act Accessibility 
Guidelines (36 CFR part 1191).

[[Page 44689]]

R202 Alterations and Elements Added to Existing Facilities

    R202.1 General. Alterations and elements added to existing 
facilities shall comply with R202. Where elements are altered or 
added and the pedestrian circulation path to the altered or added 
elements is not altered, the pedestrian circulation path is not 
required to comply with R204.
    Advisory R202.1 General. Where possible, added elements should 
be located on an existing pedestrian access route.
    R202.2 Added Elements. Where elements are added to existing 
facilities, the added elements shall comply with the applicable 
requirements for new construction.
    R202.3 Alterations. Where existing elements, spaces, or 
facilities are altered, each altered element, space, or facility 
within the scope of the project shall comply with the applicable 
requirements for new construction.
    Advisory R202.3 Alterations. The alteration of multiple elements 
or spaces within a facility may provide a cost-effective opportunity 
to make the entire facility or a significant portion of the facility 
accessible.
    R202.3.1 Existing Physical Constraints. Where existing physical 
constraints make it impracticable for altered elements, spaces, or 
facilities to fully comply with the requirements for new 
construction, compliance is required to the extent practicable 
within the scope of the project. Existing physical constraints 
include, but are not limited to, underlying terrain, right-of-way 
availability, underground structures, adjacent developed facilities, 
drainage, or the presence of a notable natural or historic feature.
    R202.3.2 Transitional Segments. Transitional segments of 
pedestrian access routes shall connect to existing unaltered 
segments of pedestrian circulation paths and shall comply with R302 
to the extent practicable.
    R202.3.3 Reduction in Access Prohibited. An alteration shall not 
decrease or have the effect of decreasing the accessibility of a 
facility or an accessible connection to an adjacent building or site 
below the requirements for new construction in effect at the time of 
the alteration.
    Advisory R202.3.3 Reduction in Access Prohibited. Sidewalk 
improvements that correct existing excessive cross slope should be 
carefully planned to avoid creating excessive slope in curb ramps or 
adding a step at existing building entrances. Solutions may include:
     Split sidewalks that serve building entrances and 
street or highway at separate levels;
     Sidewalks with greater cross slope along the curb and 
pedestrian access routes with lesser cross slope along building 
fronts;
     Pedestrian access routes along the curb and ramped 
entrances to buildings.
    R202.3.4 Alterations to Qualified Historic Facilities. Where the 
State Historic Preservation Officer or Advisory Council on Historic 
Preservation determines that compliance with a requirement would 
threaten or destroy historically significant features of a qualified 
historic facility, compliance shall be required to the extent that 
it does not threaten or destroy historically significant features of 
the facility.
    Advisory R202.3.4 Alterations to Qualified Historic Facilities. 
Where there is a federal agency ``undertaking'', as defined in 36 
CFR 800.16 (y), the requirements in section 106 of the National 
Historic Preservation Act (16 U.S.C. 470f) and 36 CFR part 800 
apply. Location of a facility within an historic district by itself 
does not excuse compliance with the requirements in this document. 
The State Historic Preservation Officer or Advisory Council on 
Historic Preservation must determine that compliance would threaten 
or destroy historically significant features of the facility. 
Reproductions or replications of historic facilities are not 
qualified historic facilities.
    R203 Machinery Spaces. Vaults, tunnels, and other spaces used by 
service personnel only for maintenance, repair, or monitoring are 
not required to comply with this document.

R204 Pedestrian Access Routes

    R204.1 General. Pedestrian access routes shall be provided in 
accordance with R204 and shall comply with R302.
    Advisory R204.1 General. The Federal Highway Administration 
(FHWA) has issued guidance on the obligations of state and local 
governments to keep pedestrian access routes open and usable 
throughout the year, including snow and debris removal. The guidance 
is available at FHWA's Web site: http://www.fhwa.dot.gov/civilrights/programs/ada_sect504qa.htm.
    R204.2 Sidewalks. A pedestrian access route shall be provided 
within sidewalks and other pedestrian circulation paths located in 
the public right-of-way. The pedestrian access route shall connect 
to accessible elements, spaces, and facilities required by this 
document and to accessible routes required by section 206.2.1 of 
appendix B to 36 CFR part 1191 or section F206.2.1 of appendix C to 
36 CFR 1191 that connect building and facility entrances to public 
streets and sidewalks.
    Advisory R204.2 Sidewalks. The accessible elements, spaces, and 
facilities located in the public right-of-way that pedestrian access 
routes must connect to include accessible pedestrian signals and 
pedestrian pushbuttons (see R209), street furniture (see R212), 
boarding and alighting areas and boarding platforms at transit stops 
(see R213 and R308.1.3.2), transit shelters (see R213 and R308.2), 
accessible on-street parking spaces (see R214 and R309), parking 
meters and parking pay stations serving accessible parking spaces 
(see R309.6), and accessible passenger loading zones (see R215 and 
R310).
    R204.3 Pedestrian Street Crossings. A pedestrian access route 
shall be provided within pedestrian street crossings, including 
medians and pedestrian refuge islands, and pedestrian at-grade rail 
crossings. The pedestrian access route shall connect departure and 
arrival sidewalks.
    R204.4 Pedestrian Overpasses and Underpasses. A pedestrian 
access route shall be provided within overpasses, underpasses, 
bridges, and similar structures that contain pedestrian circulation 
paths. Where an overpass, underpass, bridge, or similar structure is 
designed for pedestrian use only and the approach slope to the 
structure exceeds 5 percent, a ramp, elevator, limited use/limited 
application elevator, or platform lift shall be provided. Elevators 
and platform lifts shall be unlocked during the operating hours of 
the facility served.
    Advisory R204.4 Pedestrian Overpasses and Underpasses. Where an 
overpass, underpass, bridge, or similar structure is designed for 
both pedestrian and vehicle use and the pedestrian access route is 
contained within the street or highway right-of-way, the grade of 
the pedestrian access route must not exceed the general grade 
established for the adjacent street or highway (see R302.5). Where 
the pedestrian access route is not contained within the street or 
highway right-of-way, the grade of the pedestrian access route must 
be 5 percent maximum (see R302.5). Where pedestrian overpasses or 
underpasses provide an alternative pedestrian circulation path to 
street level crossings, both the pedestrian overpass or underpass 
and the street level crossing must contain a pedestrian access 
route. State and local governments can provide a ramp, elevator, or 
lift at overpasses and underpasses designed for pedestrian use only. 
Long ramps present difficulties for some pedestrians with 
disabilities and can require snow clearance. Elevators or lifts can 
require maintenance.
    R205 Alternate Pedestrian Access Routes. When a pedestrian 
circulation path is temporarily closed by construction, alterations, 
maintenance operations, or other conditions, an alternate pedestrian 
access route complying with sections 6D.01, 6D.02, and 6G.05 of the 
MUTCD (incorporated by reference, see R104.2) shall be provided. 
Where provided, pedestrian barricades and channelizing devices shall 
comply with sections 6F.63, 6F.68, and 6F.71 of the MUTCD 
(incorporated by reference, see R104.2).
    Advisory R205 Alternate Pedestrian Access Routes. Section 6G.05 
of the MUTCD recommends that whenever possible work should be done 
in a manner that does not create a need to detour pedestrians from 
existing pedestrian routes. Extra distance and additional pedestrian 
street crossings add complexity to a trip and increase exposure of 
risk to accidents. Sections 6D.01and 6G.05 of the MUTCD require 
alternate pedestrian routes to be accessible and detectable, 
including warning pedestrians who are blind or have low vision about 
sidewalk closures. Proximity-actuated audible signs are a preferred 
means to warn pedestrians who are blind or have low vision about 
sidewalk closures.
    R206 Pedestrian Street Crossings. Pedestrian street crossings 
shall comply with R306.
    Advisory R206 Pedestrian Street Crossings. All pedestrian street 
crossings must be accessible to pedestrians with disabilities. If 
pedestrian crossing is prohibited at certain locations, ``No 
Pedestrian Crossing'' signs should be provided along with detectable 
features, such as grass strips, landscaping, planters, chains, 
fencing, railings, or other barriers.

[[Page 44690]]

R207 Curb Ramps and Blended Transitions

    R207.1 General. A curb ramp, blended transition, or a 
combination of curb ramps and blended transitions complying with 
R304 shall connect the pedestrian access routes at each pedestrian 
street crossing. The curb ramp (excluding any flared sides) or 
blended transition shall be contained wholly within the width of the 
pedestrian street crossing served.
    R207.2 Alterations. In alterations where existing physical 
constraints prevent compliance with R207.1, a single diagonal curb 
ramp shall be permitted to serve both pedestrian street crossings.

R208 Detectable Warning Surfaces

    R208.1 Where Required. Detectable warning surfaces complying 
with R305 shall be provided at the following locations on pedestrian 
access routes and at transit stops:
    1. Curb ramps and blended transitions at pedestrian street 
crossings;
    2. Pedestrian refuge islands;
    3. Pedestrian at-grade rail crossings not located within a 
street or highway;
    4. Boarding platforms at transit stops for buses and rail 
vehicles where the edges of the boarding platform are not protected 
by screens or guards; and
    5. Boarding and alighting areas at sidewalk or street level 
transit stops for rail vehicles where the side of the boarding and 
alighting areas facing the rail vehicles is not protected by screens 
or guards.
    Advisory R208.1 Where Required. On pedestrian access routes, 
detectable warning surfaces indicate the boundary between pedestrian 
and vehicular routes where there is a flush rather than a curbed 
connection. Detectable warning surfaces should not be provided at 
crossings of residential driveways since the pedestrian right-of-way 
continues across residential driveway aprons. However, where 
commercial driveways are provided with yield or stop control, 
detectable warning surfaces should be provided at the junction 
between the pedestrian route and the vehicular route. Where 
pedestrian at-grade rail crossings are located within a street or 
highway, detectable warning surfaces at the curb ramps or blended 
transitions make a second set of detectable warning surfaces at the 
rail crossing unnecessary.
    Detectable warning surfaces are not intended to provide 
wayfinding for pedestrians who are blind or have low vision. 
Wayfinding can be made easier by:
     Sidewalks that provide a clear path free of street 
furniture;
     Visual contrast between walking and non-walking areas 
(e.g., planted borders);
     Route edges that are clear and detectable by cane;
     Direct pedestrian street crossings and curb ramps that 
are in-line with direction of travel;
     Small corner radiuses that permit pedestrian street 
crossings to be as short and direct as possible;
     Orthogonal intersections that facilitate navigation 
using parallel and perpendicular vehicle sound cues; and
     Barriers where pedestrian travel or crossing is not 
permitted.
    R208.2 Where Not Required. Detectable warning surfaces are not 
required at pedestrian refuge islands that are cut-through at street 
level and are less than 1.8 meters (6.0 ft) in length in the 
direction of pedestrian travel.
    Advisory R208.2 Where Not Required. Detectable warning surfaces 
are not required at cut-through pedestrian refuge islands that are 
less than 1.8 meters (6.0 ft) in length because detectable warning 
surfaces must extend 610 millimeters (2.0 ft) minimum on each side 
of the island and be separated by 610 millimeters (2.0 ft) minimum 
length of island without detectable warning surfaces (see R305.1.4 
and R305.2.4). Installing detectable warning surfaces at cut-through 
pedestrian islands that are less than 1.8 meters (6.0 ft) in length 
would compromise the effectiveness of detectable warning surfaces. 
Where a cut-through pedestrian refuge island is less than 1.8 m (6.0 
ft) in length and the pedestrian street crossing is signalized, the 
signal should be timed for a complete crossing of the street.

R209 Accessible Pedestrian Signals and Pedestrian Pushbuttons

    R209.1 General. Where pedestrian signals are provided at 
pedestrian street crossings, they shall include accessible 
pedestrian signals and pedestrian pushbuttons complying with 
sections 4E.08 through 4E.13 of the MUTCD (incorporated by 
reference, see R104.2). Operable parts shall comply with R406.
    Advisory R209 Accessible Pedestrian Signals and Pedestrian 
Pushbuttons. An accessible pedestrian signal and pedestrian 
pushbutton is an integrated device that communicates information 
about the WALK and DON'T WALK intervals at signalized intersections 
in non-visual formats (i.e., audible tones and vibrotactile 
surfaces) to pedestrians who are blind or have low vision.
    R209.2 Alterations. Existing pedestrian signals shall comply 
with R209.1 when the signal controller and software are altered, or 
the signal head is replaced.
    R210 Protruding Objects. Objects along or overhanging any 
portion of a pedestrian circulation path shall comply with R402 and 
shall not reduce the clear width required for pedestrian access 
routes.
    Advisory R210 Protruding Objects. Protruding objects can be 
hazardous for pedestrians, especially pedestrians who are blind or 
have low vision. The requirements for protruding objects in R402 
apply across the entire width of the pedestrian circulation path, 
not just the pedestrian access route. In addition, objects must not 
reduce the clear width required for pedestrian access routes. State 
and local governments must comply with the requirements for 
protruding objects and maintain the clear width of pedestrian access 
routes when installing or permitting the installation of street 
furniture on sidewalks, including street lights, utility poles and 
equipment cabinets, sign posts and signs, parking meters, trash 
receptacles, public telephones, mailboxes, newspaper vending 
machines, benches, transit shelters, kiosks, bicycle racks, planters 
and planted trees, and street sculptures. The American Association 
of State Highway and Transportation Officials (AASHTO) recommends 
that local governments use an encroachment permit process to 
regulate the use of sidewalks by private entities for activities 
such as outdoor dining, vending carts and stands, and street fairs 
in order to control protruding objects and maintain the clear width 
of pedestrian access routes. See AASHTO, Guide for the Planning, 
Design, and Operation of Pedestrian Facilities (2004), section 
3.2.3.

R211 Signs

    R211.1 General. Signs shall comply with R211. Where audible sign 
systems and other technologies are used to provide information 
equivalent to the information contained on pedestrian signs and 
transit signs, the signs are not required to comply with R211.2 and 
R211.3.
    Advisory R211.1 General. Audible sign systems and other 
technologies that provide information equivalent to the information 
contained on signs are more usable by pedestrians who are blind or 
have low vision. Remote infrared audible signs that transmit 
information to portable devices that are carried by and audible only 
to the user are an example of audible sign systems and other 
technologies.
    R211.2 Pedestrian Signs. Signs, other than transit signs, that 
provide directions, warnings, or other information for pedestrians 
only shall comply with R410.
    Advisory R211.2 Pedestrian Signs. Pedestrian route signs along 
an historic trail, sidewalk closure and pedestrian detour signs, and 
tourist information signs are examples of signs that provide 
directions, warnings, or other information for pedestrians only. 
Signs provided for motorists and pedestrians such as highway and 
street name signs are not required to comply with R410.
    R211.3 Transit Signs. Signs that identify the routes served by 
transit stops shall comply with R410.
    Advisory R211.3 Transit Signs. Transit schedules, timetables, 
and maps are not required to comply with R410.
    R211.4 Accessible Parking Space and Passenger Loading Zone 
Signs. Accessible parking spaces and accessible passenger loading 
zones shall be identified by signs displaying the International 
Symbol of Accessibility complying with R411. At accessible parallel 
parking spaces and accessible passenger loading zones, the signs 
shall be located at the head or foot of the parking space or 
passenger loading zone.

R212 Street Furniture

    R212.1 General. Where provided, street furniture shall comply 
with the applicable requirements in R212.
    R212.2 Drinking Fountains. Drinking fountains shall comply with 
sections 602.1 through 602.6 of Appendix D to 36 CFR part 1191.
    R212.3 Public Toilet Facilities. Public toilet facilities shall 
comply with sections 206.2.4 and 603 of Appendix D to 36 CFR part 
1191. At least one fixture of each type provided shall comply with 
sections 604 through 610 of Appendix D to 36 CFR part 1191. Where 
multiple single-user public toilet facilities are clustered at a 
single

[[Page 44691]]

location, at least 5 percent, but no less than one, of single-user 
toilets at each cluster shall comply with R212.3 and shall be 
identified by the International Symbol of Accessibility complying 
with R411.
    R212.4 Tables. At least 5 percent, but no less than one, of 
tables at each location shall comply with section 902 of Appendix D 
to 36 CFR part 1191.
    R212.5 Counters. Counters shall comply with section 904 of 
Appendix D to 36 CFR part 1191.
    R212.6 Benches. At least 50 percent, but no less than one, of 
benches at each location shall provide clear space complying with 
R404 adjacent to the bench. The clear space shall be located either 
at one end of the bench or shall not overlap the area within 460 mm 
(1.5 ft) from the front edge of the bench. Benches at tables are not 
required to comply.
    Advisory R212.6 Benches. Benches that provide full back support 
and armrests to assist in sitting and standing are more usable by 
pedestrians with disabilities.
    R213 Transit Stops and Transit Shelters. Where provided, transit 
stops and transit shelters shall comply with R308.
    Advisory R213 Transit Stops and Transit Shelters. Transit stops 
in the public right-of-way typically serve fixed route bus systems, 
including bus rapid transit systems, and light rail transit systems. 
Signs that identify the routes served by the transit stop must 
comply with the technical requirements for visual characters on 
signs unless audible sign systems or other technologies are used to 
provide the information (see R211 and R410). The Federal Highway 
Administration (FHWA) has issued guidance on the obligations of 
state transportation departments, metropolitan planning 
organizations, and transit agencies to coordinate the planning and 
funding of accessibility improvements to transit systems and 
facilities. The guidance is available at FHWA's Web site: http://www.fhwa.dot.gov/civilrights/memos/ada_memo_clarificationa.htm.
    R214 On-Street Parking Spaces. Where on-street parking is 
provided on the block perimeter and the parking is marked or 
metered, accessible parking spaces complying with R309 shall be 
provided in accordance with Table R214. Where parking pay stations 
are provided and the parking is not marked, each 6.1 m (20.0 ft) of 
block perimeter where parking is permitted shall be counted as one 
parking space.

                  Table R214--Accessible Parking Spaces
------------------------------------------------------------------------
    Total number of marked or metered       Minimum  required number of
  parking spaces on the block perimeter      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% of total
------------------------------------------------------------------------

    Advisory R214 On-Street Parking Spaces. The MUTCD contains 
provisions for marking on-street parking spaces (see section 3B.19). 
Metered parking includes parking metered by parking pay stations. 
Where parking on part of the block perimeter is altered, the minimum 
number of accessible parking spaces required is based on the total 
number of marked or metered parking spaces on the block perimeter.
    R215 Passenger Loading Zones. Where passenger loading zones 
other than transit stops are provided, at least one accessible 
passenger loading zone complying with R310 shall be provided for 
each 30 m (100.0 ft) of continuous loading zone space or fraction 
thereof.
    R216 Stairways and Escalators. Where provided on pedestrian 
circulation paths, stairways shall comply with R408 and escalators 
shall comply with section 810.9 of Appendix D to 36 CFR part 1191. 
Stairways and escalators shall not be part of a pedestrian access 
route.
    R217 Handrails. Where provided on pedestrian circulation paths, 
handrails shall comply with R409.
    R218 Doors, Doorways, and Gates. Where provided at pedestrian 
facilities, doors, doorways, and gates shall comply with section 404 
of Appendix D to 36 CFR part 1191.
    Advisory R218 Doors, Doorways, and Gates. Enclosed transit 
shelters are an example of pedestrian facilities where doors and 
doorways are provided.

CHAPTER R3: TECHNICAL REQUIREMENTS

R301 General

    R301.1 Scope. The technical requirements in Chapter 3 shall 
apply where required by Chapter 2 or where referenced by a 
requirement in this document.

R302 Pedestrian Access Routes

    R302.1 General. Pedestrian access routes shall comply with R302.
    R302.2 Components. Pedestrian access routes shall consist of one 
or more of the following components:
    1. Sidewalks and other pedestrian circulation paths, or a 
portion of sidewalks and other pedestrian circulation paths, 
complying with R302.3 through R302.7;
    2. Pedestrian street crossings and at-grade rail crossings 
complying with R302.3 through R302.7, and R306;
    3. Pedestrian overpasses and underpasses and similar structures 
complying with R302.3 through R302.7;
    4. Curb ramps and blended transitions complying with R302.7 and 
R304;
    5. Ramps complying with R407;
    6. Elevators and limited use/limited application elevators 
complying with sections 407 or 408 of Appendix D to 36 CFR part 
1191;
    7. Platform lifts complying with section 410 of Appendix D to 36 
CFR part 1191; and
    8. Doors, doorways, and gates complying with section 404 of 
Appendix D to 36 CFR part 1191.
    Advisory R302.2 Components. The technical requirement for 
elevators, limited use/limited application elevators, platform 
lifts, and doors, doorways, and gates are contained in the Americans 
with Disabilities Act Accessibility Guidelines for Buildings and 
Facilities and the Architectural Barriers Act Accessibility 
Guidelines (36 CFR part 1191).
    R302.3 Continuous Width. Except as provided in R302.3.1, the 
continuous clear width of pedestrian access routes shall be 1.2 m 
(4.0 ft) minimum, exclusive of the width of the curb.
    Advisory R302.3 Continuous Width. The continuous clear width 
requirements in R302.3 apply to sidewalks and other pedestrian 
circulation paths, pedestrian street crossings and at-grade rail 
crossings, and pedestrian overpasses and underpasses and similar 
structures (see R302.2). Clear width requirements are contained in 
R304.5.1 for curb ramps and blended transitions, and in R407.5 for 
ramps. Where sidewalks are wider than 1.2 m (4.0 ft), only a portion 
of the sidewalk is required to comply with the requirements in 
R302.3 through R302.7. Additional maneuvering space should be 
provided at turns or changes in direction, transit stops, recesses 
and alcoves, building entrances, and along curved or angled routes, 
particularly where the grade exceeds 5 percent. R210 prohibits 
street furniture and other objects from reducing the minimum clear 
width of pedestrian access routes.
    R302.3.1 Medians and Pedestrian Refuge Islands. The clear width 
of pedestrian access routes within medians and pedestrian refuge 
islands shall be 1.5 m (5.0 ft) minimum.
    R302.4 Passing Spaces. Where the clear width of pedestrian 
access routes is less than 1.5 m (5.0 ft), passing spaces shall be 
provided at intervals of 61 m (200.0 ft) maximum. Passing spaces 
shall be 1.5 m (5.0 ft) minimum by 1.5 m (5.0 ft) minimum. Passing 
spaces are permitted to overlap pedestrian access routes.
    R302.5 Grade. Except as provided in R302.5.1, where pedestrian 
access routes are contained within a street or highway right-of-way, 
the grade of pedestrian access routes shall not exceed the general 
grade established for the adjacent street or highway. Where 
pedestrian access routes are not contained within a street or 
highway right-of-way, the grade of pedestrian access routes shall be 
5 percent maximum.
    Advisory R302.5 Grade. The grade requirements in R302.5 apply to 
sidewalks and other pedestrian circulation paths, pedestrian street 
crossings and at-grade rail crossings, and pedestrian overpasses and 
underpasses and similar structures (see R302.2). The grade of the 
pedestrian access route is measured parallel to the direction of 
pedestrian travel. Running slope requirements are contained in 
R304.2.2 for perpendicular curb ramps, in R304.3.2 for parallel curb 
ramps, in R304.4.1 for blended transitions, and in R407.2 for ramps.
    R302.5.1 Pedestrian Street Crossings. Where pedestrian access 
routes are contained within pedestrian street crossings, the grade 
of the pedestrian access route shall be 5 percent maximum.
    R302.6 Cross Slope. Except as provided in R302.6.1 and R302.6.2, 
the cross slope of pedestrian access routes shall be 2 percent 
maximum.

[[Page 44692]]

    Advisory R302.6 Cross Slope. The cross slope requirements in 
R302.6 apply to sidewalks and other pedestrian circulation paths, 
pedestrian street crossings and at-grade rail crossings, and 
pedestrian overpasses and underpasses and similar structures (see 
R302.2). The cross slope of the pedestrian access route is measured 
perpendicular to the direction of pedestrian travel. Cross slope 
requirements are contained in R304.2.3 for perpendicular curb ramps, 
in R304.3.3 for parallel curb ramps, in R304.4.2 for blended 
transitions, and in R407.3 for ramps.
    R302.6.1 Pedestrian Street Crossings Without Yield or Stop 
Control. Where pedestrian access routes are contained within 
pedestrian street crossings without yield or stop control, the cross 
slope of the pedestrian access route shall be 5 percent maximum.
    Advisory R302.6.1 Pedestrian Street Crossings Without Yield or 
Stop Control. Pedestrian street crossings without yield or stop 
control are crossings where there is no yield or stop sign, or where 
there is a traffic signal that is designed for the green phase. At 
pedestrian street crossings without yield or stop control, vehicles 
can proceed through the intersection without slowing or stopping. 
Where pedestrian access routes are contained within pedestrian 
street crossings with yield or stop control, the cross slope of the 
pedestrian access route must be 2 percent maximum (see R302.6). At 
pedestrian street crossings with yield or stop control, vehicles 
slow or stop before proceeding through the intersection.
    R302.6.2 Midblock Pedestrian Street Crossings. Where pedestrian 
access routes are contained within midblock pedestrian street 
crossings, the cross slope of the pedestrian access route shall be 
permitted to equal the street or highway grade.
    R302.7 Surfaces. The surfaces of pedestrian access routes and 
elements and spaces required to comply with R302.7 that connect to 
pedestrian access routes shall be firm, stable, and slip resistant 
and shall comply with R302.7.
    Advisory R302.7 Surfaces. The surface requirements in R302.7 
apply to sidewalks and other pedestrian circulation paths, 
pedestrian street crossings and at-grade rail crossings, pedestrian 
overpasses and underpasses and similar structures, and curb ramps 
and blended transitions (see R302.2). The surface requirements in 
R302.7 also apply to surfaces at the following accessible elements 
and spaces that connect to pedestrian access routes:
     Clear spaces (see R404.2), including clear spaces at 
operable parts (see R403.2) such as accessible pedestrian signals 
and pedestrian pushbuttons (see R209), clear spaces at street 
furniture such as benches (see R212.6), and clear spaces within 
transit shelters (see R308.2);
     Boarding and alighting areas and boarding platforms at 
transit stops (see R308.1.3.1);
     Access aisles at accessible parking spaces (see 
R309.2.1 and R309.3) and accessible passenger loading zones (see 
R310.3.4); and
     Ramp runs and landings (see R407.7).
    R302.7.1 Vertical Alignment. Vertical alignment shall be 
generally planar within pedestrian access routes (including curb 
ramp runs, blended transitions, turning spaces, and gutter areas 
within pedestrian access routes) and surfaces at other elements and 
spaces required to comply with R302.7 that connect to pedestrian 
access routes. Grade breaks shall be flush. Where pedestrian access 
routes cross rails at grade, the pedestrian access route surface 
shall be level and flush with the top of rail at the outer edges of 
the rails, and the surface between the rails shall be aligned with 
the top of rail.
    Advisory R302.7.1 Vertical Alignment. Pedestrian access route 
surfaces must be generally planar and smooth. Surfaces should be 
chosen for easy rollability. Surfaces that are heavily textured, 
rough, or chamfered and paving systems consisting of individual 
units that cannot be laid in plane will greatly increase rolling 
resistance and subject pedestrians who use wheelchairs, scooters, 
and rolling walkers to the stressful and often painful effects of 
vibration. Such materials should be reserved for borders and 
decorative accents located outside of or only occasionally crossing 
the pedestrian access route. Surfaces should be designed, 
constructed, and maintained according to appropriate industry 
standards, specifications, and recommendations for best practice.
    R302.7.2 Vertical Surface Discontinuities. Vertical surface 
discontinuities shall be 13 mm (0.5 in) maximum. Vertical surface 
discontinuities between 6.4 mm (0.25 in) and 13 mm (0.5 in) shall be 
beveled with a slope not steeper than 50 percent. The bevel shall be 
applied across the entire vertical surface discontinuity.
    Advisory R302.7.2 Vertical Surface Discontinuities. The 
allowance for vertical surface discontinuities is for occasional 
expansion joints and objects such as utility covers, vault frames, 
and gratings that cannot be located in another portion of the 
sidewalk outside the pedestrian access route. However, objects such 
as utility covers, vault frames, and gratings should not be located 
on curb ramp runs, blended transitions, turning spaces, or gutter 
areas within the pedestrian access route. This may not always be 
possible in alterations, but should be avoided wherever possible. 
Vertical surface discontinuities between unit pavers should be 
minimized.
    R302.7.3 Horizontal Openings. Horizontal openings in gratings 
and joints shall not permit passage of a sphere more than 13 mm (0.5 
in) in diameter. Elongated openings in gratings shall be placed so 
that the long dimension is perpendicular to the dominant direction 
of travel.
    Advisory R302.7.4 Flangeway Gaps. Flangeway gaps at pedestrian 
at-grade rail crossings shall be 64 mm (2.5 in) maximum on non-
freight rail track and 75 mm (3 in) maximum on freight rail track.
    R302.7.4 Flangeway Gaps. Flangeway gaps are necessary to allow 
the passage of train wheel flanges. Flangeway gaps pose a potential 
hazard to pedestrians who use wheelchairs because the gaps can 
entrap the wheelchair casters.

R303 Alternate Pedestrian Access Routes (See R205)

R304 Curb Ramps and Blended Transitions

    R304.1 General. Curb ramps and blended transitions shall comply 
with R304.
    Advisory R304.1 General. There are two types of curb ramps:
     Perpendicular curb ramps have a running slope that cuts 
through or is built up to the curb at right angles or meets the 
gutter break at right angles where the curb is curved. On large 
corner radiuses, it will be necessary to indent the gutter break on 
one side of the curb ramp in order for the curb ramp to meet the 
gutter break at right angles.
     Parallel curb ramps have a running slope that is in-
line with the direction of sidewalk travel and lower the sidewalk to 
a level turning space where a turn is made to enter the pedestrian 
street crossing.
    Perpendicular curb ramps can be provided where the sidewalk is 
at least 3.7 m (12.0 ft) wide. Parallel curb ramps can be provided 
where the sidewalk is at least 1.2 m (4.0 ft) wide. Parallel and 
perpendicular curb ramps can be combined. A parallel curb ramp is 
used to lower the sidewalk to a mid-landing and a short 
perpendicular curb ramp connects the landing to the street. 
Combination curb ramps can be provided where the sidewalk is at 
least 1.8 m (6.0 ft) wide.
    Blended transitions are raised pedestrian street crossings, 
depressed corners, or similar connections between pedestrian access 
routes at the level of the sidewalk and the level of the pedestrian 
street crossing that have a grade of 5 percent or less. Blended 
transitions are suitable for a range of sidewalk conditions.
    R304.2 Perpendicular Curb Ramps. Perpendicular curb ramps shall 
comply with R304.2 and R304.5.
    R304.2.1 Turning Space. A turning space 1.2 m (4.0 ft) minimum 
by 1.2 m (4.0 ft) minimum shall be provided at the top of the curb 
ramp and shall be permitted to overlap other turning spaces and 
clear spaces. Where the turning space is constrained at the back-of-
sidewalk, the turning space shall be 1.2 m (4.0 ft) minimum by 1.5 m 
(5.0 ft) minimum. The 1.5 m (5.0 ft) dimension shall be provided in 
the direction of the ramp run.
    R304.2.2 Running Slope. The running slope of the curb ramp shall 
cut through or shall be built up to the curb at right angles or 
shall meet the gutter grade break at right angles where the curb is 
curved. The running slope of the curb ramp shall be 5 percent 
minimum and 8.3 percent maximum but shall not require the ramp 
length to exceed 4.5 m (15.0 ft). The running slope of the turning 
space shall be 2 percent maximum.
    R304.2.3 Flared Sides. Where a pedestrian circulation path 
crosses the curb ramp, flared sides shall be sloped 10 percent 
maximum, measured parallel to the curb line.
    Advisory R304.2.3 Flared Sides. The flared sides are part of the 
pedestrian circulation path, but are not part of the pedestrian 
access route. Curb ramps whose sides have returned curbs provide 
useful directional cues where they are aligned with the pedestrian 
street crossing and are protected from cross travel by landscaping, 
street furniture, chains, fencing, or railings.

[[Page 44693]]

    R304.3 Parallel Curb Ramps. Parallel curb ramps shall comply 
with R304.3 and R304.5.
    R304.3.1 Turning Space. A turning space 1.2 m (4.0 ft) minimum 
by 1.2 m (4.0 ft) minimum shall be provided at the bottom of the 
curb ramp and shall be permitted to overlap other turning spaces and 
clear spaces. If the turning space is constrained on 2 or more 
sides, the turning space shall be 1.2 m (4.0 ft) minimum by 1.5 m 
(5.0 ft). The 1.5 m (5.0 ft) dimension shall be provided in the 
direction of the pedestrian street crossing.
    R304.3.2 Running Slope. The running slope of the curb ramp shall 
be in-line with the direction of sidewalk travel. The running slope 
of the curb ramp shall be 5 percent minimum and 8.3 percent maximum 
but shall not require the ramp length to exceed 4.5 m (15.0 ft) 
minimum. The running slope of the turning space shall be 2 percent 
maximum.
    R304.4 Blended Transitions. Blended transitions shall comply 
with R304.4 and R304.5.
    R304.4.1 Running Slope. The running slope of blended transitions 
shall be 5 percent maximum.
    R304.5 Common Requirements. Curb ramps and blended transitions 
shall comply with R304.5.
    R304.5.1 Width. The clear width of curb ramp runs (excluding any 
flared sides), blended transitions, and turning spaces shall be 1.2 
m (4.0 ft) minimum.
    R304.5.2 Grade Breaks. Grade breaks at the top and bottom of 
curb ramp runs shall be perpendicular to the direction of the ramp 
run. Grade breaks shall not be permitted on the surface of ramp runs 
and turning spaces. Surface slopes that meet at grade breaks shall 
be flush.
    R304.5.3 Cross Slope. The cross slope of curb ramps, blended 
transitions, and turning spaces shall be 2 percent maximum. At 
pedestrian street crossings without yield or stop control and at 
midblock pedestrian street crossings, the cross slope shall be 
permitted to equal the street or highway grade.
    Advisory R304.5.3 Cross Slope. Pedestrian street crossings 
without yield or stop control are crossings where there is no yield 
or stop sign, or where there is a traffic signal that is designed 
for the green phase. At pedestrian street crossings without yield or 
stop control, vehicles can proceed through the intersection without 
slowing or stopping.
    R304.5.4 Counter Slope. The counter slope of the gutter or 
street at the foot of curb ramp runs, blended transitions, and 
turning spaces shall be 5 percent maximum.
    R304.5.5 Clear Space. Beyond the bottom grade break, a clear 
space 1.2 m (4.0 ft) minimum by 1.2 m (4.0 ft) minimum shall be 
provided within the width of the pedestrian street crossing and 
wholly outside the parallel vehicle travel lane.

R305 Detectable Warning Surfaces

    R305.1 General. Detectable warning surfaces shall consist of 
truncated domes aligned in a square or radial grid pattern and shall 
comply with R305.
    Advisory R305.1 Dome Size. Where the truncated domes are arrayed 
radially, they may differ in diameter and center-to-center spacing 
within the ranges specified in R305.1.1 and R305.1.2.
    R305.1.1 Dome Size. The truncated domes shall have a base 
diameter of 23 mm (0.9 in) minimum and 36 mm (1.4 in) maximum, a top 
diameter of 50 percent of the base diameter minimum and 65 percent 
of the base diameter maximum, and a height of 5 mm (0.2 in).
    R305.1.2 Dome Spacing. The truncated domes shall have a center-
to-center spacing of 41 mm (1.6 in) minimum and 61 mm (2.4 in) 
maximum, and a base-to-base spacing of 17 mm (0.65 in) minimum, 
measured between the most adjacent domes.
    R305.1.3 Contrast. Detectable warning surfaces shall contrast 
visually with adjacent gutter, street or highway, or pedestrian 
access route surface, either light-on-dark or dark-on-light.
    Advisory R305.1.3 Contrast. Visual contrast may be provided on 
the full surface of the curb ramp but should not extend to flared 
sides. Visual contrast also helps pedestrians who use wheelchairs to 
locate the curb ramp from the other side of the street.
    R305.1.4 Size. Detectable warning surfaces shall extend 610 mm 
(2.0 ft) minimum in the direction of pedestrian travel. At curb 
ramps and blended transitions, detectable warning surfaces shall 
extend the full width of the ramp run (excluding any flared sides), 
blended transition, or turning space. At pedestrian at-grade rail 
crossings not located within a street or highway, detectable 
warnings shall extend the full width of the crossing. At boarding 
platforms for buses and rail vehicles, detectable warning surfaces 
shall extend the full length of the public use areas of the 
platform. At boarding and alighting areas at sidewalk or street 
level transit stops for rail vehicles, detectable warning surfaces 
shall extend the full length of the transit stop.
    R305.2 Placement. The placement of detectable warning surfaces 
shall comply with R305.2.
    Advisory R305.2 Placement. Some detectable warning products 
require a concrete border for proper installation. The concrete 
border should not exceed 51 mm (2 in). Where the back of curb edge 
is tooled to provide a radius, the border dimension should be 
measured from the end of the radius.
    R305.2.1 Perpendicular Curb Ramps. On perpendicular curb ramps, 
detectable warning surfaces shall be placed as follows:
    1. Where the ends of the bottom grade break are in front of the 
back of curb, detectable warning surfaces shall be placed at the 
back of curb.
    2. Where the ends of the bottom grade break are behind the back 
of curb and the distance from either end of the bottom grade brake 
to the back of curb is 1.5 m (5.0 ft) or less, detectable warning 
surfaces shall be placed on the ramp run within one dome spacing of 
the bottom grade break.
    3. Where the ends of the bottom grade break are behind the back 
of curb and the distance from either end of the bottom grade brake 
to the back of curb is more than 1.5 m (5.0 ft), detectable warning 
surfaces shall be placed on the lower landing at the back of curb.
    Advisory R305.2.1 Perpendicular Curb Ramps. Detectable warning 
surfaces are intended to provide a tactile equivalent underfoot of 
the visible curb line. If detectable warning surfaces are placed too 
far from the curb line because of a large curb radius, the location 
may compromise effective crossing. Detectable warning surfaces 
should not be placed on paving or expansion joints. The rows of 
truncated domes in detectable warning surfaces should be aligned 
perpendicular to the grade break between the ramp run and the street 
so pedestrians who use wheelchairs can ``track'' between the domes. 
Where detectable warning surfaces are provided on a surface with a 
slope that is less than 5 percent, dome orientation is less 
critical.
    R305.2.2 Parallel Curb Ramps. On parallel curb ramps, detectable 
warning surfaces shall be placed on the turning space at the flush 
transition between the street and sidewalk.
    R305.2.3 Blended Transitions. On blended transitions, detectable 
warning surfaces shall be placed at the back of curb. Where raised 
pedestrian street crossings, depressed corners, or other level 
pedestrian street crossings are provided, detectable warning 
surfaces shall be placed at the flush transition between the street 
and the sidewalk.
    R305.2.4 Pedestrian Refuge Islands. At cut-through pedestrian 
refuge islands, detectable warning surfaces shall be placed at the 
edges of the pedestrian island and shall be separated by a 610 mm 
(2.0 ft) minimum length of surface without detectable warnings.
    Advisory R305.2.4 Pedestrian Refuge Islands. The edges of cut-
through pedestrian refuge islands can provide useful cues to the 
direction of the crossing.
    R305.2.5 Pedestrian At-Grade Rail Crossings. At pedestrian at-
grade rail crossings not located within a street or highway, 
detectable warning surfaces shall be placed on each side of the rail 
crossing. The edge of the detectable warning surface nearest the 
rail crossing shall be 1.8 m (6.0 ft) minimum and 4.6 m (15.0 ft) 
maximum from the centerline of the nearest rail. Where pedestrian 
gates are provided, detectable warning surfaces shall be placed on 
the side of the gates opposite the rail.
    R305.2.6 Boarding Platforms. At boarding platforms for buses and 
rail vehicles, detectable warning surfaces shall be placed at the 
boarding edge of the platform.
    R305.2.7 Boarding and Alighting Areas. At boarding and alighting 
areas at sidewalk or street level transit stops for rail vehicles, 
detectable warning surfaces shall be placed at the side of the 
boarding and alighting area facing the rail vehicles.

R306 Pedestrian Street Crossings

    R306.1 General. Pedestrian street crossings shall comply with 
R306.
    R306.2 Pedestrian Signal Phase Timing. All pedestrian signal 
phase timing shall comply with section 4E.06 of the MUTCD 
(incorporated by reference, see R104.2.4) and shall be based on a 
pedestrian clearance time

[[Page 44694]]

that is calculated using a pedestrian walking speed of 1.1 m/s (3.5 
ft/s) or less.
    R306.3 Roundabouts. Where pedestrian facilities are provided at 
roundabouts, they shall comply with R306.3.
    Advisory R306.3 Roundabouts. Pedestrian street crossings at 
roundabouts can be difficult for pedestrians who are blind or have 
low vision to identify because the crossings are located off to the 
side of the pedestrian circulation path around the street or 
highway. The continuous traffic flow at roundabouts removes many of 
the audible cues that pedestrians who are blind use to navigate 
pedestrian street crossings. Water fountains and other features that 
produce background noise should not be placed in the middle island 
of a roundabout because pedestrians who are blind use auditory cues 
to help detect gaps in traffic. Multi-lane pedestrian street 
crossings at roundabouts involve an increased risk of pedestrian 
exposure to accident.
    R306.3.1 Separation. Where sidewalks are flush against the curb 
and pedestrian street crossing is not intended, a continuous and 
detectable edge treatment shall be provided along the street side of 
the sidewalk. Detectable warning surfaces shall not be used for edge 
treatment. Where chains, fencing, or railings are used for edge 
treatment, they shall have a bottom edge 380 mm (15 in) maximum 
above the sidewalk.
    Advisory R306.3.1 Separation. Carefully delineated pedestrian 
street crossing approaches with plantings or other defined edges 
provide effective non-visual cues for identifying pedestrian street 
crossings at roundabouts. European and Australian roundabouts 
provide a 610 mm (24 inch) width of tactile surface treatment from 
the centerline of the curb ramp or blended transition across the 
full width of the sidewalk to provide an underfoot cue for 
identifying pedestrian street crossings. Detectable warning surfaces 
should not be used to guide pedestrians who are blind or have low 
vision to pedestrian street crossings because detectable warning 
surfaces indicate the flush transition between the sidewalk and the 
street or highway. Schemes that remove cyclists from the street or 
highway by means of a ramp that angles from the curb lane to the 
sidewalk and then provide re-entry by means of a similar ramp beyond 
pedestrian street crossings can provide false cues to pedestrians 
who are using the edge of the sidewalk for wayfinding about the 
location of pedestrian street crossings.
    R306.3.2 Pedestrian Activated Signals. At roundabouts with 
multi-lane pedestrian street crossings, a pedestrian activated 
signal complying with R209 shall be provided for each multi-lane 
segment of each pedestrian street crossing, including the splitter 
island. Signals shall clearly identify which pedestrian street 
crossing segment the signal serves.
    Advisory R306.3.2 Pedestrian Activated Signals. Roundabouts with 
single-lane approach and exit legs are not required to provide 
pedestrian activated signals. Pedestrian activated signals must 
comply with the requirements for accessible pedestrian signals and 
pedestrian pushbuttons (see R209). Pedestrian activated signals 
installed at splitter islands should be carefully located and 
separated so that signal spillover does not give conflicting 
information about which pedestrian street crossing has the WALK 
indication displayed. Pedestrian Hybrid Beacons can be used at 
roundabouts (see MUTCD sections 4F.01 through 4F.03). Pedestrian 
Hybrid Beacons are traffic signals that consist of a yellow signal 
centered below two horizontally aligned red signals. The signals are 
normally not illuminated. The signals are initiated only upon 
pedestrian activation and can be timed to minimize the interruption 
of traffic. The signals cease operation after the pedestrian clears 
the crosswalk. When activated by a pedestrian, the following signals 
are displayed to drivers: a flashing yellow signal, then a steady 
yellow signal, then two steady red signals during the pedestrian 
walk interval, and then alternating flashing red signals during the 
pedestrian clearance interval. The following signals are displayed 
to pedestrians: a steady upraised hand (symbolizing DON'T WALK) when 
the flashing or steady yellow signal is operating, then a walking 
person (symbolizing WALK) when the steady red signals are operating, 
and then a flashing upraised hand (symbolizing DON'T WALK) when the 
alternating flashing red signals are operating.
    R306.4 Channelized Turn Lanes at Roundabouts. At roundabouts 
with pedestrian street crossings, pedestrian activated signals 
complying with R209 shall be provided at pedestrian street crossings 
at multi-lane channelized turn lanes.
    R306.5 Channelized Turn Lanes at Other Signalized Intersections. 
At signalized intersections other than roundabouts with pedestrian 
street crossings, pedestrian activated signals complying with R209 
shall be provided at pedestrian street crossings at multi-lane 
channelized turn lanes.

R307 Accessible Pedestrian Signals and Pedestrian Pushbuttons (See 
R209)

R308 Transit Stops and Transit Shelters

    R308.1 Transit Stops. Transit stops shall comply with R308.1.
    Advisory R308.1 Transit Stops. Transit stops should be located 
so that there is a level and stable surface for boarding vehicles. 
Locating transit stops at signalized intersections increases the 
usability for pedestrian with disabilities. Where security bollards 
are installed at transit stops, they must not obstruct the clear 
space at boarding and alighting areas or reduce the required clear 
width at pedestrian access routes (see R210).
    R308.1.1 Boarding and Alighting Areas. Boarding and alighting 
areas at sidewalk or street level transit stops shall comply with 
R308.1.1 and R308.1.3. Where transit stops serve vehicles with more 
than one car, boarding and alighting areas serving each car shall 
comply with R308.1.1 and R308.1.3.
    Advisory R308.1.1 Boarding and Alighting Areas. Where a transit 
shelter is provided, the boarding and alighting area can be located 
either within or outside of the shelter.
    R308.1.1.1 Dimensions. Boarding and alighting areas shall 
provide a clear length of 2.4 m (8.0 ft) minimum, measured 
perpendicular to the curb or street or highway edge, and a clear 
width of 1.5 m (5.0 ft) minimum, measured parallel to the street or 
highway.
    R308.1.1.2 Grade. Parallel to the street or highway, the grade 
of boarding and alighting areas shall be the same as the street or 
highway, to the extent practicable. Perpendicular to the street or 
highway, the grade of boarding and alighting areas shall not be 
steeper than 2 percent.
    R308.1.2 Boarding Platforms. Boarding platforms at transit stops 
shall comply with R308.1.2 and R308.1.3.
    R308.1.2.1 Platform and Vehicle Floor Coordination. Boarding 
platforms shall be positioned to coordinate with vehicles in 
accordance with the applicable requirements in 49 CFR parts 37 and 
38.
    Advisory R308.1.2.1 Platform and Vehicle Floor Coordination. The 
Department of Transportation regulations (49 CFR parts 37 and 38) 
require the height of the vehicle floor and the station platform to 
be coordinated so as to minimize the vertical and horizontal gaps.
    R308.1.2.2 Slope. Boarding platforms shall not exceed a slope of 
2 percent in any direction. Where boarding platforms serve vehicles 
operating on existing track or existing street or highway, the slope 
of the platform parallel to the track or the street or highway is 
permitted to be equal to the grade of the track or street or 
highway.
    R308.1.3 Common Requirements. Boarding and alighting areas and 
boarding platforms shall comply with R308.1.3.
    R308.1.3.1 Surfaces. The surfaces of boarding and alighting 
areas and boarding platforms shall comply with R302.7.
    Advisory R308.1.3.1 Surfaces. Detectable warning surfaces are 
required at boarding and alighting areas for rail vehicles and at 
boarding platforms for buses and rail vehicles (see R208).
    R308.1.3.2 Connection. Boarding and alighting areas and boarding 
platforms shall be connected to streets, sidewalks, or pedestrian 
circulation paths by pedestrian access routes complying with R302.
    R308.2 Transit Shelters. Transit shelters shall be connected by 
pedestrian access routes complying with R302 to boarding and 
alighting areas or boarding platforms complying with R308.1. Transit 
shelters shall provide a minimum clear space complying with R404 
entirely within the shelter. Where seating is provided within 
transit shelters, the clear space shall be located either at one end 
of a seat or shall not overlap the area within 460 mm (1.5 ft) from 
the front edge of the seat. Environmental controls within transit 
shelters shall be proximity-actuated. Protruding objects within 
transit shelters shall comply with R402.
    Advisory R308.2 Transit Shelters. The clear space must be 
located entirely within the transit shelter and not interfere with 
other persons using the seating.

R309 On-Street Parking Spaces

    R309.1 General. On-street parking spaces shall comply with R309.
    Advisory R309.1 General. R214 specifies how many accessible 
parking spaces must be provided on the block perimeter where on-

[[Page 44695]]

street parking is marked or metered. Accessible parking spaces must 
be identified by signs displaying the International Symbol of 
Accessibility (see R211.3 and R411). Accessible parking spaces 
should be located where the street has the least crown and grade and 
close to key destinations.
    R309.2 Parallel Parking Spaces. Parallel parking spaces shall 
comply with R309.2.
    Advisory R309.2 Parallel Parking Spaces. The sidewalk adjacent 
to accessible parallel parking spaces should be free of signs, 
street furniture, and other obstructions to permit deployment of a 
van side-lift or ramp or the vehicle occupant to transfer to a 
wheelchair or scooter. Accessible parallel parking spaces located at 
the end of the block face are usable by vans that have rear lifts 
and cars that have scooter platforms.
    R309.2.1 Wide Sidewalks. Where the width of the adjacent 
sidewalk or available right-of-way exceeds 4.3 m (14.0 ft), an 
access aisle 1.5 m (5.0 ft) wide minimum shall be provided at street 
level the full length of the parking space and shall connect to a 
pedestrian access route. The access aisle shall comply with R302.7 
and shall not encroach on the vehicular travel lane.
    Advisory R309.2.1 Wide Sidewalks. Vehicles may park at the curb 
or at the parking lane boundary and use the space required by 
R309.2.1 on either the driver or passenger side of the vehicle to 
serve as the access aisle.
    R309.2.1.1 Alterations. In alterations where the street or 
sidewalk adjacent to the parking spaces is not altered, an access 
aisle shall not be required provided the parking spaces are located 
at the end of the block face.
    R309.2.2 Narrow Sidewalks. An access aisle is not required where 
the width of the adjacent sidewalk or the available right-of-way is 
less than or equal to 4.3 m (14.0 ft). When an access aisle is not 
provided, the parking spaces shall be located at the end of the 
block face.
    Advisory R309.2.2 Narrow Sidewalks. Vehicle lifts or ramps can 
be deployed on a 2.4 m (8.0 ft) sidewalk if there are no 
obstructions.
    R309.3 Perpendicular or Angled Parking Spaces. Where 
perpendicular or angled parking is provided, an access aisle 2.4 m 
(8.0 ft) wide minimum shall be provided at street level the full 
length of the parking space and shall connect to a pedestrian access 
route. The access aisle shall comply with R302.7 and shall be marked 
so as to discourage parking in the access aisle. Two parking spaces 
are permitted to share a common access aisle.
    Advisory R309.3 Perpendicular or Angled Parking Spaces. 
Perpendicular and angled parking spaces permit the deployment of a 
van side-lift or ramp.
    R309.4 Curb Ramps or Blended Transitions. Curb ramps or blended 
transitions complying with R304 shall connect the access aisle to 
the pedestrian access route. Curb ramps shall not be located within 
the access aisle.
    Advisory R309.4 Curb Ramps or Blended Transitions. At parallel 
parking spaces, curb ramps and blended transitions should be located 
so that a van side-lift or ramp can be deployed to the sidewalk and 
the vehicle occupant can transfer to a wheelchair or scooter. 
Parking spaces at the end of the block face can be served by curb 
ramps or blended transitions at the pedestrian street crossing. 
Detectable warning surfaces are not required on curb ramps and 
blended transitions that connect the access aisle to the sidewalk, 
including where the sidewalk is at the same level as the parking 
spaces, unless the curb ramps and blended transitions also serve 
pedestrian street crossings (see R208).
    R309.5 Parking Meters and Parking Pay Stations. Parking meters 
and parking pay stations that serve accessible parking spaces shall 
comply with R309.5. Operable parts shall comply with R403.
    R309.5.1 Location. At accessible parallel parking spaces, 
parking meters shall be located at the head or foot of the parking 
space.
    Advisory R309.5.1 Location. Locating parking meters at the head 
or foot of the parking space permits deployment of a van side-lift 
or ramp or the vehicle occupant to transfer to a wheelchair or 
scooter.
    R309.5.2 Displays and Information. Displays and information 
shall be visible from a point located 1.0 m (3.3 ft) maximum above 
the center of the clear space in front of the parking meter or 
parking pay station.

R310 Passenger Loading Zones

    R310.1 General. Passenger loading zones shall comply with R310.
    Advisory R310.1 General. Accessible passenger loading zones must 
be identified by signs displaying the International Symbol of 
Accessibility (see R211.3 and R411).
    R310.2 Vehicle Pull-Up Space. Passenger loading zones shall 
provide a vehicular pull-up space 2.4 m (8.0 ft) wide minimum and 
6.1 m (20.0 ft) long minimum.
    R310.3 Access Aisle. Passenger loading zones shall provide 
access aisles complying with R310.3 adjacent to the vehicle pull-up 
space. Access aisles shall be at the same level as the vehicle pull-
up space they serve and shall not overlap the vehicular travel lane. 
Curb ramps or blended transitions complying with R304 shall connect 
the access aisle to the pedestrian access route. Curb ramps are not 
permitted within the access aisle.
    R310.3.1 Width. Access aisles serving vehicle pull-up spaces 
shall be 1.5 m (5.0 ft) wide minimum.
    R310.3.2 Length. Access aisles shall extend the full length of 
the vehicle pull-up spaces they serve.
    R310.3.3 Marking. Access aisles shall be marked so as to 
discourage parking in them.
    R310.3.4 Surfaces. Access aisle surfaces shall comply with 
R302.7.

CHAPTER R4: SUPPLEMENTARY TECHNICAL REQUIREMENTS

R401 General

    R401.1 Scope. The supplemental technical requirements in Chapter 
4 shall apply where required by Chapter 2 or where referenced by a 
requirement in this document.

R402 Protruding Objects

    R402.1 General. Protruding objects shall comply with R402.
    R402.2 Protrusion Limits. Objects with leading edges more than 
685 mm (2.25 ft) and not more than 2 m (6.7 ft) above the finish 
surface shall protrude 100 mm (4 in) maximum horizontally into 
pedestrian circulation paths.
    R402.3 Post-Mounted Objects. Where objects are mounted on free-
standing posts or pylons and the objects are 685 mm (2.25 ft) 
minimum and 2030 mm (6.7 ft) maximum above the finish surface, the 
objects shall overhang pedestrian circulation paths 100 mm (4 in) 
maximum measured horizontally from the post or pylon base. The base 
dimension shall be 64 mm (2.5 in) thick minimum. Where objects are 
mounted between posts or pylons and the clear distance between the 
posts or pylons is greater than 305 mm (1.0 ft), the lowest edge of 
the object shall be 685 mm (2.25 ft) maximum or 2 m (6.7 ft) minimum 
above the finish surface.
    R402.4 Reduced Vertical Clearance. Guardrails or other barriers 
to pedestrian travel shall be provided where the vertical clearance 
is less than 2 m (6.7 ft) high. The leading edge of the guardrail or 
barrier shall be located 685 mm (2.25 ft) maximum above the finish 
surface.

R403 Operable Parts

    R403.1 General. Operable parts shall comply with R403.
    Advisory R403.1 General. Operable parts on accessible pedestrian 
signals and pedestrian pushbuttons (see R209) and parking meters and 
parking pay stations that serve accessible parking spaces (see 
R309.6) must comply with R403.
    R403.2 Clear Space. A clear space complying with R404 shall be 
provided at operable parts.
    R403.3 Height. Operable parts shall be placed within one or more 
of the reach ranges specified in R405.
    R403.4 Operation. Operable parts shall be operable with one hand 
and shall not require tight grasping, pinching, or twisting of the 
wrist. The force required to activate operable parts shall be 22 N 
(5 lbs) maximum.

R404 Clear Spaces

    R404.1 General. Clear spaces shall comply with R404.
    Advisory R404.1 General. Clear spaces are required at operable 
parts (see R403.2), including accessible pedestrian signals and 
pedestrian pushbuttons (see R209) and parking meters and parking pay 
stations that serve accessible parking spaces (see R309.6). Clear 
spaces are also required at benches (see R212.6) and within transit 
shelters (see R308.2).
    R404.2 Surfaces. Surfaces of clear spaces shall comply with 
R302.7 and shall have a running slope consistent with the grade of 
the adjacent pedestrian access route and cross slope of 2 percent 
maximum.
    R404.3 Size. Clear spaces shall be 760 mm (2.5 ft) minimum by 
1220 mm (4.0 ft) minimum.
    R404.4 Knee and Toe Clearance. Unless otherwise specified, clear 
spaces shall be permitted to include knee and toe clearance 
complying with R405.
    R404.5 Position. Unless otherwise specified, clear spaces shall 
be positioned for

[[Page 44696]]

either forward or parallel approach to an element.
    R404.6 Approach. One full unobstructed side of a clear space 
shall adjoin a pedestrian access route or adjoin another clear 
space.
    R404.7 Maneuvering Space. Where a clear space is confined on all 
or part of three sides, additional maneuvering space shall be 
provided in accordance with R404.7.1 and R404.7.2.
    R404.7.1 Forward Approach. The clear space and additional 
maneuvering space shall be 915 mm (3.0 ft) wide minimum where the 
depth exceeds 610 mm (2.0 ft).
    R404.7.2 Parallel Approach. The clear space and additional 
maneuvering space shall be 1525 mm (5.0 ft) wide minimum where the 
depth exceeds 380 mm (1.25 ft).

R405 Knee and Toe Clearance

    R405.1 General. Where space beneath an element is included as 
part of a clear space, the space shall comply with R405. Additional 
space shall not be prohibited beneath an element but shall not be 
considered as part of the clear space.
    Advisory R405.1 General. Clearances are measured in relation to 
the usable clear space, not necessarily to the vertical support for 
an element. When determining clearance under an object, care should 
be taken to ensure that the space is clear of any obstructions.

R405.2 Toe Clearance

    R405.2.1 General. Space under an element between the finish 
surface and 230 mm (9 in) above the finish surface shall be 
considered toe clearance and shall comply with R404.2.
    R405.2.2 Maximum Depth. Toe clearance shall extend 635 mm (2.1 
ft) maximum under an element.
    R405.2.3 Minimum Required Depth. Where toe clearance is required 
at an element as part of a clear space, the toe clearance shall 
extend 430 mm (1.4 ft) minimum under the element.
    R405.2.4 Width. Toe clearance shall be 760 mm (2.5 ft) wide 
minimum.

R405.3 Knee Clearance

    R405.3.1 General. Space under an element between 230 mm (9 in) 
and 685 mm (2.25 ft) above the finish surface shall be considered 
knee clearance and shall comply with R405.3.
    R405.3.2 Maximum Depth. Knee clearance shall extend 635 mm (2.1 
ft) maximum under an element at 230 mm (9 in) above the finish 
surface.
    R405.3.3 Minimum Required Depth. Where knee clearance is 
required under an element as part of a clear space, the knee 
clearance shall be 280 mm (11 in) deep minimum at 230 mm (9 in) 
above the finish surface, and 205 mm (8 in) deep minimum at 685 mm 
(2.25 ft) above the finish surface.
    R405.3.4 Clearance Reduction. Between 230 mm (9 in) and 685 mm 
(2.25 ft) above the finish surface, the knee clearance shall be 
permitted to reduce at a rate of 25 mm (1 in) in depth for each 150 
mm (6 in) in height.
    R405.3.5 Width. Knee clearance shall be 760 mm (2.5 ft) wide 
minimum.

R406 Reach Ranges

    R406.1 General. Reach ranges shall comply with R406.
    R406.2 Unobstructed Forward Reach. Where a forward reach is 
unobstructed, the high forward reach shall be 1220 mm (4.0 ft) 
maximum and the low forward reach shall be 380 mm (1.25 ft) minimum 
above the finish surface. Forward reach over an obstruction is not 
permitted.
    R406.3 Unobstructed Side Reach. Where a clear space allows a 
parallel approach to an element and the side reach is unobstructed, 
the high side reach shall be 1220 mm (4.0 ft) maximum and the low 
side reach shall be 380 mm (1.25 ft) minimum above the finish 
surface. An obstruction shall be permitted between the clear space 
and the element where the depth of the obstruction is 255 mm (10 in) 
maximum.

R407 Ramps

    R407.1 General. Ramps shall comply with R407.
    R407.2 Running Slope. Ramp runs shall have a running slope 
between 5 percent minimum and 8.3 percent maximum.
    Advisory R407.2 Running Slope. Ramps with the least possible 
running slope accommodate the widest range of users. Providing 
stairways along with ramps, where possible, benefits pedestrians 
with heart disease, limited stamina, and others for whom distance 
presents a greater barrier than steps.
    R407.3 Cross Slope. The cross slope of ramp runs shall be 2 
percent maximum.
    R407.4 Width. The clear width of a ramp run and, where handrails 
are provided, the clear width between handrails shall be 915 mm (3.0 
ft) minimum.
    R407.5 Rise. The rise for any ramp run shall be 760 mm (2.5 ft) 
maximum.
    R407.6 Landings. Ramps shall have landings at the top and the 
bottom of each ramp run. Landings shall comply with R407.7.
    R407.6.1 Slope. Landing slopes shall be 2 percent maximum in any 
direction.
    R407.6.2 Width. The landing clear width shall be at least as 
wide as the widest ramp run leading to the landing.
    R407.6.3 Length. The landing clear length shall be 1.5 m (5.0 
ft) long minimum.
    R407.6.4 Change in Direction. Ramps that change direction 
between runs at landings shall have a clear landing 1.5 m (5.0 ft) 
minimum by 1.5 m (5.0 ft) minimum.
    R407.7 Surfaces. Surfaces of ramp runs and landings shall comply 
with R302.7.
    R407.8 Handrails. Ramp runs with a rise greater than 150 mm (6 
in) shall have handrails complying with R409.
    R407.9 Edge Protection. Edge protection complying with R407.9.1 
or R407.9.2 shall be provided on each side of ramp runs and ramp 
landings.
    R407.9.1 Extended Ramp Surface. The surface of the ramp run or 
landing shall extend 305 mm (1.0 ft) minimum beyond the inside face 
of a handrail complying with R409.
    Advisory R407.9.1 Extended Ramp Surface. The extended surface 
prevents wheelchair casters and crutch tips from slipping off the 
ramp surface.
    R407.9.2 Curb or Barrier. A curb or barrier shall be provided 
that prevents the passage of a 100 mm (4 in) diameter sphere, where 
any portion of the sphere is within 100 mm (4 in) of the finish 
surface.

R408 Stairways

    R408.1 General. Stairways shall comply with R408.
    R408.2 Treads and Risers. All steps on a flight of stairs shall 
have uniform riser heights and uniform tread depths. Risers shall be 
100 mm (4 in) high minimum and 180 mm (7 in) high maximum. Treads 
shall be 280 mm (11 in) deep minimum.
    R408.3 Open Risers. Open risers are not permitted.
    R408.4 Tread Surface. Stairway treads shall comply with R302.7. 
Changes in level are not permitted.
    R408.5 Nosings. The radius of curvature at the leading edge of 
the tread shall be 13 mm (0.5 inch) maximum. Nosings that project 
beyond risers shall have the underside of the leading edge curved or 
beveled. Risers shall be permitted to slope under the tread at an 
angle of 30 degrees maximum from vertical. The permitted projection 
of the nosing shall extend 38 mm (1.5 in) maximum over the tread 
below.
    R408.6 Handrails. Stairways shall have handrails complying with 
R409.

R409 Handrails

    R409.1 General. Handrails required at ramps and stairways, and 
handrails provided on pedestrian circulation paths shall comply with 
R409.
    Advisory R409.1 General. Handrails are required on ramp runs 
with a rise greater than 150 mm (6 in) (see R407.8) and stairways 
(see R408.6). Handrails are not required on pedestrian circulation 
paths. However, if handrails are provided on pedestrian circulation 
paths, the handrails must comply with R409 (see R216). The 
requirements in R409.2, R409.3, and R409.10 apply only to handrails 
at ramps and stairways, and do not apply to handrails provided on 
pedestrian circulation paths.
    R409.2 Where Required. Handrails shall be provided on both sides 
of ramps and stairways.
    R409.3 Continuity. Handrails shall be continuous within the full 
length of each ramp run or stair flight. Inside handrails on 
switchback or dogleg ramps and stairways shall be continuous between 
ramp runs or stair flights.
    R409.4 Height. Top of gripping surfaces of handrails shall be 
865 mm (2.8 ft) minimum and 965 mm (3.2 ft) maximum vertically above 
walking surfaces, ramp surfaces, and stair nosings. Handrails shall 
be at a consistent height above walking surfaces, ramp surfaces, and 
stair nosings
    R409.5 Clearance. Clearance between handrail gripping surfaces 
and adjacent surfaces shall be 38 mm (1.5 in) minimum.
    R409.6 Gripping Surface. Handrail gripping surfaces shall be 
continuous along their length and shall not be obstructed along 
their tops or sides. The bottoms of handrail gripping surfaces shall 
not be obstructed for more than 20 percent of their length. Where 
provided, horizontal projections shall occur

[[Page 44697]]

38 mm (1.5 in) minimum below the bottom of the handrail gripping 
surface.
    Advisory R409.6 Gripping Surface. Pedestrians with disabilities 
and others benefit from continuous gripping surfaces that permit 
users to reach the fingers outward or downward to grasp the 
handrail.
    R409.7 Cross Section. Handrail gripping surfaces shall have a 
cross section complying with R409.7.1 or R409.7.2. Where expansion 
joints are necessary for large spans of handrails, the expansion 
joint is permitted to be smaller than the specified cross section 
diameters for a 25mm (1 in) length.
    R409.7.1 Circular Cross Section. Handrail gripping surfaces with 
a circular cross section shall have an outside diameter of 32 mm 
(1.25 in) minimum and 51 mm (2 in) maximum.
    R409.7.2 Non-Circular Cross Sections. Handrail gripping surfaces 
with a non-circular cross section shall have a perimeter dimension 
of 100 mm (4 in) minimum and 160 mm (6.25 in) maximum, and a cross-
section dimension of 57 mm (2.25 in) maximum.
    R409.8 Surfaces. Handrail gripping surfaces and any surfaces 
adjacent to them shall be free of sharp or abrasive elements and 
shall have rounded edges.
    R409.9 Fittings. Handrails shall not rotate within their 
fittings. Where expansion joints are necessary for large spans of 
handrails, the expansion joint is permitted to rotate in its 
fitting.
    R409.10 Handrail Extensions. Handrail gripping surfaces shall 
extend beyond and in the same direction of ramp runs and stair 
flights in accordance with R409.10. Extensions shall not be required 
for continuous handrails at the inside turn of switchback or dogleg 
ramps and stairways. In alterations where handrail extensions would 
reduce the clear width required for pedestrian access routes, 
handrail extensions shall not be required.
    R409.10.1 Top and Bottom Extension at Ramps. Ramp handrails 
shall extend horizontally above the landing for 305 mm (1.0 ft) 
minimum beyond the top and bottom of ramp runs. Extensions shall 
return to a wall, guard, or the landing surface, or shall be 
continuous to the handrail of an adjacent ramp run.
    R409.10.2 Top Extension at Stairways. At the top of a stair 
flight, handrails shall extend horizontally above the landing for 
305 mm (1.0 ft) minimum beginning directly above the first riser 
nosing. Extensions shall return to a wall, guard, or the landing 
surface, or shall be continuous to the handrail of an adjacent stair 
flight.
    R409.10.3 Bottom Extension at Stairways. At the bottom of a 
stair flight, handrails shall extend at the slope of the stair 
flight for a horizontal distance at least equal to one tread depth 
beyond the last riser nosing. Extensions shall return to a wall, 
guard, or the landing surface, or shall be continuous to the 
handrail of an adjacent stair flight.

R410 Visual Characters on Signs

    R410.1 General. Visual characters on signs shall comply with 
R410.
    R410.2 Finish and Contrast. Characters and their background 
shall have a non-glare finish. Characters shall contrast with their 
background with either light characters on a dark background or dark 
characters on a light background.
    Advisory R410.2.1 Finish and Contrast. Signs are more legible 
for pedestrians with low vision when characters contrast as much as 
possible with their background. Additional factors affecting the 
ease with which the text can be distinguished from its background 
include shadows cast by lighting sources, surface glare, and the 
uniformity of the text and its background colors and textures.
    R410.3 Case. Characters shall be uppercase or lowercase or a 
combination of both.
    R410.4 Style. Characters shall be conventional in form. 
Characters shall not be italic, oblique, script, highly decorative, 
or of other unusual forms.
    R410.5 Character Proportions. Characters shall be selected from 
fonts where the width of the uppercase letter ``O'' is 55 percent 
minimum and 110 percent maximum of the height of the uppercase 
letter ``I''.
    R410.6 Character Height. Minimum character height shall comply 
with Table R410.2.5. Viewing distance shall be measured as the 
horizontal distance between the character and an obstruction 
preventing further approach towards the sign. Character height shall 
be based on the uppercase letter ``I''.

                     R410.6 Visual Character Height
------------------------------------------------------------------------
 Height to finish surface from      Horizontal       Minimum character
     baseline of character       viewing distance          height
------------------------------------------------------------------------
1.0 m (3.3 ft) to less than or  Less than 1.8 m    16 mm (0.625 in).
 equal to 1.8 m (5.8 ft).        (6.0 ft).
                                1.8 m (6.0 ft)     16 mm (0.625 in),
                                 and greater.       plus 3.2 mm (0.125
                                                    in) per 0.3 m (1.0
                                                    ft) of viewing
                                                    distance above 1.8 m
                                                    (6.0 ft).
Greater than 1.8 m (5.8 ft) to  Less than 4.6 m    51 mm (2 in).
 less than or equal to 3.0 m     (15.0 ft).
 (10.0 ft).
                                4.6 m (15.0 ft)    51 mm (2 in), plus
                                 and greater.       3.2 mm (0.125 in)
                                                    per 0.3 m (1.0 ft)
                                                    of viewing distance
                                                    above 4.6 m (15.0
                                                    ft).
Greater than 3.0 m (10.0 ft)..  Less than 6.4 m    75 mm (3 in).
                                 (21.0 ft).
                                6.4 m (21.0 ft)    75 mm (3 in), plus
                                 and greater.       3.2 mm (0.125 in)
                                                    per 0.3 m (1.0 ft)
                                                    of viewing distance
                                                    above 6.4 m (21.0
                                                    ft).
------------------------------------------------------------------------


[[Page 44698]]

    R410.7 Height from Finish Surface. Visual characters shall be 
1.0 m (3.25 ft) minimum above the finish surface.
    R410.8 Stroke Thickness. Stroke thickness of the uppercase 
letter ``I'' shall be 10 percent minimum and 30 percent maximum of 
the height of the character.
    R410.9 Character Spacing. Character spacing shall be measured 
between the two closest points of adjacent characters, excluding 
word spaces. Spacing between individual characters shall be 10 
percent minimum and 35 percent maximum of character height.
    R410.10 Line Spacing. Spacing between the baselines of separate 
lines of characters within a message shall be 135 percent minimum 
and 170 percent maximum of the character height.
    R411 International Symbol of Accessibility. The International 
Symbol of Accessibility shall comply with Figure R411. The symbol 
and its background shall have a non-glare finish. The symbol shall 
contrast with its background with either a light symbol on a dark 
background or a dark symbol on a light background.
[GRAPHIC] [TIFF OMITTED] TP26JY11.000

[FR Doc. 2011-17721 Filed 7-25-11; 8:45 am]
BILLING CODE 8150-01-P