36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

Comment. The proposed rule included provisions that generally recognized alternative tactile surfaces equally detectable underfoot or other designs or technologies that provide equal or superior drop-off warning at boarding platforms (705.3 and 705.4). Commenters opposed these provisions without further guidance or specificity on the type of alternatives that would be acceptable. Some commenters recommended that these provisions were unnecessary in view of the general provision for equivalent facilitation in section 103 permitting departures from this or any other requirement in the guidelines where equal or greater access is provided.

Response. The Board has removed the provisions concerning equivalent products and technologies as an alternative to the detectable warnings specified by section 705. This change is consistent with the effort the Board made in the proposed rule to remove specific provisions concerning equivalent facilitation. The general provision for equivalent facilitation remains the basis upon which alternatives to the specified detectable warnings may be pursued. DOT’s ADA regulations provide a process for the review of requested departures as an equivalent facilitation in relation to public transportation facilities.²⁴

Section 705.2 specifies that detectable warnings along boarding platform edges be 24 inches wide. In the final rule, the Board has added clarification that the detectable warning is to extend the full length of the public use areas of platforms.