36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)

Chapter R2: Scoping Requirements (Section-by-Section Analysis)

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 (Section-by-Section Analysis)

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 (Section-by-Section Analysis)

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 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 (Section-by-Section Analysis)

Vaults, tunnels, and other spaces used by service personnel only are not required to comply with the proposed guidelines.

R204 Pedestrian Access Routes (Section-by-Section Analysis)

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 building and facility site arrival points.²⁷

Pedestrian access routes must be provided within:

• Sidewalks and other pedestrian circulation paths located in the public right-of-way;

• Pedestrian street crossings and 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.

²⁷The 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).

R205 Alternate Pedestrian Access Routes (Section-by-Section Analysis)

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 (Section-by-Section Analysis)

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 (Section-by-Section Analysis)

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 (Section-by-Section Analysis)

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 (Section-by-Section Analysis)

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 (Section-by-Section Analysis)

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 contain a requirement for detectable warning surfaces on curb ramps.

The Department of Transportation regulations implementing Section 504 require state and local governments that receive federal financial assistance directly or indirectly from the Department to use accessibility standards that include the 2004 ADA and ABA Accessibility Guidelines, as modified by the Department, or UFAS. See 49 CFR 27.3 (b). The Department of Transportation modified the 2004 ADA and ABA Accessibility Guidelines by retaining certain requirements from the 1991 ADAAG, including the requirement for detectable warning surfaces on curb ramps. See 406.8 in Appendix A to 49 CFR part 37.

State and local transportation departments will be affected differently by the requirement in the proposed guidelines for detectable warning surfaces on curb ramps depending on the accessibility standards that they use for curb ramps in the public right-of-way. The Access Board reviewed the standard drawings for the design of curb ramps on state transportation department websites 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

²⁸UFAS 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).

²⁹Links to each state transportation department’s standard drawings that specify detectable warning surfaces on curb ramps are available on the Access Board website at: https://www.access-board.gov/guidelines-and-standards/streets-sidewalks/public-rights-of-way/background/state-dot-curb-ramp-standard-drawings-with-detectable-warning-details.

³⁰The 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.

Governmental Units Affected (Section-by-Section Analysis)

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:

  • a) 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).
  • b) 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).
  • c) 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 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.

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.

³¹See 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 .

Costs to Provide Detectable Warning Surfaces on Curb Ramps (Section-by-Section Analysis)

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.

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 (Section-by-Section Analysis)

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.

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

Durability and Maintenance of Detectable Warning Surfaces (Section-by-Section Analysis)

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 (Section-by-Section Analysis)

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

³⁵Technical assistance and training on the installation of accessible pedestrian signals are available on the following websites:

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 (Section-by-Section Analysis)

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 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 (Section-by-Section Analysis)

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 (Section-by-Section Analysis)

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  There are 2,550 new signalized intersections in the United States each year based on the US 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.

³⁶See MUTCD “Frequently Asked Questions – Part 4 – Highway Traffic Signals” at: http://mutcd.fhwa.dot.gov/knowledge/faqs/faq_part4.htm.

R210 Protruding Objects (Section-by-Section Analysis)

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 (Section-by-Section Analysis)

Signs that provide directions, warnings, or other information for pedestrians only and signs that identify routes served by transit stops must comply with the technical requirements for visual characters in Chapter R4. An advisory section provides examples of signs that are required and are not required to comply with the technical requirements for visual characters in Chapter R4. Signs displaying the International Symbol of Accessibility must be provided at accessible parking spaces and accessible passenger loading zones.

The 2004 ADA and ABA Accessibility Guidelines contain similar requirements for transit signs (see 810.4 and 810.6). In the 2004 ADA and ABA Accessibility Guidelines, characters on bus route signs must comply with the technical requirements for character height “to the maximum extent practicable."³⁷  The phrase “to the maximum extent practicable” was intended to provide flexibility where there are restrictions on the size of signs. A similar provision is not included in the proposed guidelines because it is almost always practicable to comply with the technical requirements for character height. Audible sign systems and other technologies are widely used today to transmit information and are more usable by pedestrians who are blind or have low vision.³⁸  Where audible sign systems and other technologies are used to transmit information equivalent to the information contained on signs, the signs are not required to comply with the technical requirements for visual characters in Chapter R4.

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

³⁷The 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).

³⁸The 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).

R212 Street Furniture (Section-by-Section Analysis)

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 (Section-by-Section Analysis)

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 (Section-by-Section Analysis)

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 (Section-by-Section Analysis)

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 (Section-by-Section Analysis)

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 (Section-by-Section Analysis)

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 (Section-by-Section Analysis)

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.