Dinuba City Council
October 14, 2025

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53619 crosswalk is present and a separation
treatment exists, curb ramps are not
required. USDOT and DOJ may provide
additional information regarding the
acceptable characteristics of a
separation treatment used to indicate
the absence of a crosswalk.

The Board has added scoping
provisions at R203.6.1 clarifying that
curb ramps or blended transitions may
be required to connect on-street parking
spaces, on-street parking space access
aisles, and passenger loading zones to
pedestrian access routes if needed to
accomplish the required connection.

At R203.6.2, the Board has clarified
that when alterations are made to
crosswalks, curb ramps or blended
transitions must be provided on both
ends of the crosswalk where the
pedestrian access route crosses a curb.

This provision provides consistency
with DOJ’s and USDOT’s joint technical
assistance document on the
requirements to provide curb ramps
when streets, roads, or highways are
altered through resurfacing. See
Department of Justice/Department of
Transportation Joint Technical
Assistance on Title II of the Americans
with Disabilities Act Requirements to
Provide Curb Ramps when Streets,
Roads, or Highways are Altered through
Resurfaces, available at https://
www.fhwa.dot.gov/civilrights/programs/
ada/doj_fhwa_ta.cfm; see also Q & A
Supplement to the 2013 DOJ/DOT Joint
Technical Assistance on the Title II of
the ADA Requirements To Provide Curb
Ramps when Streets, Roads, or
Highways are Altered through
Resurfacing, available at https://
ada.gov/doj-fhwa-ta-supplement2015.html. By adding this requirement to PROWAG, the Board seeks to
minimize confusion as to the legal
obligations of jurisdictions to provide
curb ramps.

Pedestrian Overpasses and Underpasses
(R203.7)
In R203.7, the Board has clarified that
pedestrian overpasses and underpasses
include overpasses and underpasses on
shared use paths. In addition, the Board
has eliminated platform lifts as an
option to achieve accessibility of these
structures in new construction. A state
disability council opined in its
comments that limited use/limited
application elevators and platform lifts
do not provide equal access because of
limited functionality. Platform lifts are
more difficult for users with disabilities
to independently operate and are more
likely to breakdown in outdoor
environments than elevators and limited
use/limited application elevators. The
Board is aware of many instances of
maintenance issues and mechanical
failures with respect to platform lifts
and has thus revised the rule text to
allow these devices only in alterations
when installation of an elevator or
limited use/limited application elevator
is not technically feasible. Jurisdictions
that install platform lifts should be
aware of their maintenance obligations
to ensure platform lifts remain operable
at all times that the pedestrian facility
is open for pedestrian use.

Ramps (R203.8); Elevators and Limited
Use/Limited Application Elevators
(R203.9); Platform Lifts (R203.10)
At R203.8 through R203.10, the Board
added scoping provisions for ramps,
elevators and limited use/limited
application elevators, and platform lifts
so that it is clear that wherever these
facilities are present in the public rightof-way, they must comply with accessibility requirements.

Doors, Doorways, and Gates (R203.11)
In the final rule, the Board has revised
the scoping for doors, doorways, and
gates to require that all doors, doorways
and gates that are part of a pedestrian
access route must comply with the
specified technical accessibility
requirements. This is a change from the
proposed rule, which required all doors,
doorways, and gates of any pedestrian
facility to comply with requirements
(NPRM R218), and a change from the
SNPRM which exempted doors,
doorways, and gates on shared use paths
from compliance (SNPRM R218). In the
preamble to the SNPRM, the Board
indicated that the exemption for shared
use paths was provided to avoid a
perceived conflict with AASHTO
guidance. 78 FR 10110, 10113 (Feb. 13,
2013). AASHTO discourages the use of
physical barriers on shared use paths.

See AASHTO, Guide for the
Development of Bicycle Facilities at 5–

46. In response to the SNPRM, several
disability rights advocacy organizations
commented that doors, doorways, and
gates on shared use paths should not be
excepted, and two state DOTs requested
clarity regarding applicable technical
standards for these facilities. The Board
concurred with commenters that
pedestrian gates on shared use paths
should not be excepted from
accessibility requirements. Persons with
disabilities must be able to access
shared use paths through gates if they
are provided. The Board has thus
reinstated the technical requirements for
doors, doorways, and gates in the final
rule. Further, consistent with AASHTO
guidance, which recommends the use of
bollards if physical barriers are needed
to restrict motor vehicle entry, the final
rule permits the use of bollards on
shared use paths (R302.2).

R204 Alternate Pedestrian Access
Routes, Transit Stops, and Passenger
Loading Zones
Alternate Pedestrian Access Route
(R204.1)
The proposed scoping for alternate
pedestrian access routes stated that an
alternate pedestrian access route is
required when a pedestrian circulation
path is closed due to construction,
alterations, maintenance operations, or
other similar conditions (NPRM R205).

In the final rule, the Board has
maintained similar scoping; however, it
has removed the term ‘‘alterations’’ from
the list of conditions to avoid confusion
as ‘‘construction’’ accurately covers the
intended scenario. In addition, the
Board has edited the text to indicate that
the requirement to provide an alternate
pedestrian access route is triggered by a
pedestrian circulation path being made
inaccessible due to the described
conditions, rather than being completely
closed, since a pedestrian circulation
path can be unusable for persons with
disabilities without being completely
closed to all users. The Board has added
‘‘closure’’ to the list of conditions
triggering the requirement for an
alternate pedestrian access route to
clarify that where a pedestrian
circulation path is completely closed for
any reason, an alternate pedestrian
access route must be provided.

In the proposed rule, the scoping
provision for alternate pedestrian access
routes pointed to provisions of the
MUTCD that were incorporated by
reference. The final rule instead points
to the relevant technical provisions of
chapters 3 and 4, as the MUTCD
provisions are no longer incorporated by
reference.

In response to the proposed rule, state
and local government commenters
raised concerns regarding scenarios
where the alternate route would need to
deviate substantially from the original
pedestrian circulation path. For
example, one state DOT indicated that
freeway widening projects may
necessitate the complete closure of a
bridge, including the pedestrian
facilities, making an alternate pedestrian
access route infeasible or impossible to
provide.

In response to these concerns, in the
final rule the Board has added an
exception allowing an ‘‘alternate means
of providing access’’ for pedestrians
with disabilities where establishing an
alternate pedestrian access route is
technically infeasible. An ‘‘alternate

53620 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations means of providing access’’ does not
mean an alternate pedestrian access
route that falls short of the technical
requirements stated at R303. Rather, this
exception is intended to allow for
completely different means of access in
scenarios such as a bridge closure,
where establishing an alternate
pedestrian access route is not
technically feasible. For example, in the
case of a bridge closure, an alternate
means of providing access might be the
provision of accessible shuttle bus
service. DOJ and USDOT may provide
additional information regarding
acceptable alternate means of providing
access and the circumstances under
which this exception may be used.

The Access Board received numerous
public comments supporting a
requirement for the provision of
alternate pedestrian access routes,
including approximately 150 individual
commenters and several disability rights
and pedestrian advocacy organizations.

Several local government commenters
and one state DOT requested flexibility
to provide alternate accessible routes
only when deemed practicable. In
addition, two state DOTs, two local
government commenters, and two
industry organizations expressed
concern regarding the cost of providing
alternate routes.

The Board acknowledges that there
are costs involved in providing alternate
pedestrian access routes and has
assessed those costs in the FRIA. See
FRIA at 126. However, equity in our
public rights-of-way cannot be achieved
without the provision of temporary
accessible facilities where permanent
accessible facilities are temporarily
unavailable. A person without a
disability may readily assess safety and
traffic conditions and navigate around a
closed pedestrian circulation path if an
alternate facility is not provided.

However, a pedestrian with a disability
may not be able to see alternatives,
assess traffic to step into a roadway, or
have the ability to step on and off of the
curb for a few feet around a closure. The
Board thus maintains the requirement
for the provision of alternate pedestrian
access routes where pedestrian
circulation paths are made inaccessible
due to construction, maintenance
operations, closure, or similar
conditions. The technical requirements,
now stated in R303, seek to provide
minimum accessibility for alternate
routes while minimizing the costs for
regulated entities. The technical
requirements are detailed in the
discussion of section R303, below.

Alternate Transit Stops (R204.2)
In the final rule, the Board has added
a provision requiring that where
accessible transit stops are not
accessible due to construction,
maintenance operations, or other similar
conditions, an alternate transit stop be
provided. MUTCD section 6D.01, which
the Board proposed to incorporate by
reference indicates that to accommodate
the needs of individuals with
disabilities, transit stops should be
maintained in temporary traffic control
zones (6D.01 paragraph 11). If the
accessibility of a transit stop cannot be
maintained, an alternate accessible
transit stop must be provided.

Alternate Passenger Loading Zones
(R204.3)
The Board has added a provision in
the scoping of the final rule to
emphasize that where a temporary
passenger loading zone is provided, it
must be accessible per the relevant
technical provisions. This requirement
is already covered by the general
scoping provision R201.2, which
indicates that the requirements in the
guidelines apply to temporary
pedestrian facilities. However, the
Board added this provision to
emphasize that alternate passenger
loading zones provided in the public
right-of-way during construction or
maintenance operations must be
accessible.

R205 Detectable Warning Surfaces
Detectable warning surfaces are
standardized surfaces built in or applied
to certain pedestrian walking surfaces to
warn pedestrians who are blind or have
low vision of a hazard. A distinct canedetectable pattern of truncated domes provides a tactile cue of transitions to
vehicular routes and of open drop-offs
at transit platforms. The proposed rule
required detectable warning surfaces at
curb ramps or blended transitions,
which remove tactile cues otherwise
provided by curb faces; at cut-through
pedestrian refuge islands to indicate
their presence within a crosswalk; at atgrade rail crossings not located in a street or highway; along drop-offs at the
boundary of passenger boarding
platforms, which are above standard
curb height; and along boarding
sidewalk and street-level rail boarding
and alighting areas not protected by
screens or guards.

In the final rule, the Board is also
requiring detectable warning surfaces on
pedestrian circulation paths at
driveways with stop or yield control to
alert pedestrians who are blind or have
low vision that they are walking into an
active vehicular way. The Board
indicated in an advisory that
accompanied the proposed rule text that
detectable warning surfaces should be
provided at commercial driveways with
stop or yield control (NPRM Advisory
R208.1). Several commenters, including
state and local governments, requested
clarification on the provision of
detectable warning surfaces at
commercial driveways. In the final rule,
the Board clarifies that detectable
warning surfaces are required at
driveways where stop or yield control is
provided. In the final rule, the Board
declines to limit the covered driveways
to ‘‘commercial’’ driveways to ensure
that pedestrian circulation paths at
driveways to multifamily housing
facilities that have stop or yield control
also have detectable warning surfaces.

Some state and local government
commenters encouraged the Board to
move the requirement for detectable
warning surfaces at commercial
driveways from the advisory to the rule
text. Two state DOT commenters
questioned whether stop or yield
control was the appropriate threshold
for application of the requirement. The
Board has concluded that where there is
sufficient vehicular traffic to provide
stop or yield control (i.e., stop or yield
signage) or traffic signals, there is a
sufficient hazard to pedestrians who are
blind or have low vision such that a
detectable warning surface is warranted
to advise individuals that they are
entering an active vehicular way. Two
state DOTs objected to implementing
detectable warning surfaces at
commercial driveways because they
would be provided at sidewalk as
opposed to street level. In response to
these concerns, the Board notes that
detectable warning surfaces are
consistently used to provide tactile
notification of a vehicular way where a
curb is not present. This could be at
street level, in the case of curb ramps,
or at sidewalk level in the case of
driveways. Several commenters questioned
whether the Board intended to require
detectable warning surfaces at street or
sidewalk level bus stops. In R104.3, the
Board added a definition of ‘‘boarding
platform’’ to clarify that detectable
warning surfaces are only required
where the bus boarding and alighting
area is on a platform raised above
standard curb height.

The proposed rule indicated that
detectable warning surfaces are neither
required nor desirable at cut-through
pedestrian refuge islands that are less
than 6 feet in length in the direction of
pedestrian travel (NPRM R208.2 and
NPRM Advisory R208.2). In the final

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53621 rule, the Board has clarified this
substantive requirement by defining the
term ‘‘pedestrian refuge island’’ at
R104.3. The definition clarifies that only
islands that are at least 72 inches in
length in direction of pedestrian travel
are considered suitable for pedestrian
refuge. Islands that are at least 72 inches
in length allow for a 24-inch detectable
warning surface at each edge and at
least 24 inches between the surfaces to
provide detectable separation of the
surfaces and to have sufficient space to
wait. A cut-through island that is
shorter than 72 inches is not suitable for
pedestrian refuge, and there is thus no
need to distinguish the cut-through from
the rest of the crosswalk; the timing
provided for pedestrian crossing must
allow for the pedestrian to cross the
entire traveled way as required by
R306.2.

In the final rule, the Board has
restructured for clarity the scoping
section for detectable warning surfaces
at R205 to provide a separate provision
for each place that detectable warning
surfaces are required. Each provision
indicates that technical requirements
relevant to that placement.

R206 Pedestrian Signal Heads and
Pedestrian Activated Warning Devices
Where pedestrian signal heads and
pedestrian activated warning devices
are provided at crosswalks, they must be
accompanied by audible information
devices that make those visual signals
accessible to persons who are blind or
have low vision. In the proposed rule,
the Board incorporated by reference
sections of the MUTCD in lieu of
providing technical requirements for
these devices.

As proposed by incorporation by
reference of MUTCD section 4E.09
paragraph 7 (NPRM R209.1), the final
rule requires that the accessible features
of pedestrian signal heads and
pedestrian activated warning devices
must be available at all times.

Commenters expressed confusion
regarding the expectations for
implementation of the incorporated
sections of the MUTCD. In response to
these concerns, in the final rule the
Board has stated the technical
requirements for accessible pedestrian
signal heads and accessible pedestrian
activated warning devices directly in
the rule text. The scoping section for
these devices has been modified to
provide detailed references to the new
technical sections.

Numerous state and local government
commenters objected to a universal
requirement for accessible pedestrian
signals in new construction wherever
pedestrian signal heads are provided. As
described above in the Major Issues
section, after careful consideration of
these comments, the Board has retained
the requirement for accessible features
for all new and altered pedestrian signal
heads and pedestrian activated warning
devices.

In the proposed rule, the Board
specified that altering the signal
controller and software, or replacing the
signal head, would constitute an
alteration requiring compliance with the
technical requirements for accessible
pedestrian signals and push buttons. As
described above in the Major Issues
section, in the final rule the Board has
removed the provision specifying the
types of alterations that would trigger
implementation of the technical
accessibility requirements for pedestrian
signal heads and pedestrian activated
warning devices. USDOT and DOJ may
provide additional guidance on these
issues.

Finally, in the final rule the Board has
updated the terminology used in the
heading of this section for consistency
with the terminology used by MUTCD
and USDOT, and to better described the
devices that must be made accessible.

R207 Protruding Objects and Vertical
Clearance
Limitations on the extent to which
objects may protrude horizontally into a
pedestrian circulation path, as well as
vertical clearance requirements above a
pedestrian circulation path, apply to the
full width of pedestrian circulation
paths. The specific technical
requirements for protruding objects and
vertical clearances appear in section
R402 of the final rule.

In the public right-of-way context, a
‘‘protruding object’’ is anything that
extends into the three-dimensional
space above a pedestrian circulation
path, or an object contained wholly
within it. Examples include, but are not
limited to, streetlights, utility poles and
equipment cabinets, signposts and
signs, parking meters, trash receptacles,
public telephones, mailboxes,
newspaper vending machines, benches,
transit shelters, kiosks, bicycle racks,
planters and planted trees, and street
sculptures. Technical requirements for
protruding objects are designed to
ensure that objects located within
pedestrian circulation paths are canedetectable, so they do not present hazards for people who are blind or
have low vision.

Regulated entities will need to
comply with the requirements for
protruding objects when installing or
permitting the installation of utilities,
trees, awnings, street furniture, and
other objects on or adjacent to
pedestrian circulation paths. The
American Association of State Highway
and Transportation Officials (AASHTO)
recommends that trees and shrubs be
pruned to maintain usability of
walkways, and that permitted uses of
public rights-of-way, such as sidewalk
cafes, be monitored to ensure that they
do not encroach upon the pedestrian
access route. See AASHTO, Guide for
the Planning, Design, and Operation of
Pedestrian Facilities 4–3 (2021). State
and local governments will be
responsible for enforcing compliance
with maintenance agreements to prevent
tree branches or other objects from
impermissibly protruding into a
pedestrian circulation path where the
jurisdiction does not provide the
maintenance directly.

The scoping provision for protruding
objects included in the SNPRM
modified the proposed scoping
provision text indicating that protruding
objects must not reduce the clear width
required for pedestrian access routes
(NPRM 210). In the SNPRM, the Board
added an 8-foot vertical clearance
requirement for shared use paths
(SNPRM 210.3). In the final rule, the
Board has moved both vertical clearance
and clear width requirements to the
technical section on protruding objects
and vertical clearance at R402.4 and
R402.5. Comments received regarding
those provisions are addressed in the
discussion of R402.4 and R402.5 below.

The Board has renamed the section to
‘‘Protruding Objects and Vertical
Clearance’’ for clarity.

In response to the NPRM, a local
government and an engineer
commented that the requirements for
protruding objects should apply only to
the pedestrian access route portion of
the pedestrian circulation path. A local
government entity commented that an
exception should be provided applying
protruding objects requirements to only
36 inches of the pedestrian circulation
path in constrained conditions. While a
person using a wheelchair can visually
assess a sidewalk to determine which
portion has less cross slope or fewer
changes in level, a blind pedestrian or
a person with low vision is not going to
know which portion of the pedestrian
circulation path has been designated as
a pedestrian access route. Thus, objects
that protrude into any portion of the
pedestrian circulation path could create
a hazard if not cane-detectable. The
Board thus maintains the requirement
that the entire pedestrian circulation
path comply with the technical
requirements for protruding objects.

The Board acknowledges that the
advisory included with the proposed
rule created confusion for commenters

53622 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations regarding the concepts of clear width
and protruding objects (NPRM Advisory
210). Clear width refers to the width of
pedestrian access route walking surface
that is required to be completely clear
of any objects. This means that within
the width of the pedestrian access route,
there can be no street furniture, utility
poles, or other objects of any kind
directly on the walking surface. Clear
width technical requirements for
pedestrian access routes are specified in
R302.2. Protruding objects refer to
objects that are in the three-dimensional
area above the walking surface, but not
directly touching the walking surface.

Those objects must conform to the
technical requirements for protruding
objects at R402.

R208 Pedestrian Signs
Signs that are intended solely for
pedestrians, including transit signs, and
all signs serving shared use paths, must
comply with the technical requirements
for visual characters at R410. Thus,
signs that are not on shared use paths
and are intended for both motorists and
pedestrians, or bicyclists and
pedestrians, are not required to comply.

However, all signs on shared use paths
are required to comply as pedestrians
(1) should be aware of the potential
movement of bicycles in the shared
space, and (2) have a reasonable
expectation that any sign on a shared
use path is potentially providing
pedestrian information.

The scoping excepts two categories of
pedestrian signs from compliance with
technical requirements for visual
characters at R410. First, transit
schedules, timetables, and maps are not
required to comply. Compliance with
the technical requirements for these
specific types of transit signs would
render them too large. Other types of
transit signs, such as signs that identify
stops and routes, must comply with the
requirements. The second category of
signs that are exempted from
compliance are signs that are mounted
immediately above or incorporated into
a push button detector unit. The
requirements of R410 may also make
these signs too large.

In the NPRM, the Board used inartful
language to convey that signs intended
solely for pedestrians are the signs
covered by this rule (NPRM 211.2). The
Board has edited this language for
clarity. Also, in the NPRM, the Board
proposed that where audible sign
systems and other technologies are used
to provide equivalent information to
information contained on pedestrian
signs, the signs would not need to
comply with technical requirements for
visual characters (NPRM R211.1). In an
accompanying advisory, the Board
presented remote infrared signs as an
example of an audible technology, that
if used, would make it unnecessary for
the sign to comply with technical
requirements for visual characters
(NPRM Advisory 211.1). In response to
the proposed rule, two advocacy
organizations for people who are blind
or have low vision and a state DOT
commented that the provision of
audible signs does not negate the need
for compliance with technical
requirements for visual characters.

The Board concurs that reliance on
audible signs in lieu of compliance for
visual characters is insufficient for
persons who have both low vision and
hearing impairments. Further, while
acknowledging the 14 commenters who
indicated support for the use of remote
infrared signs, the Board has concluded
that relying on technologies that require
a pedestrian to have a receiver does not
currently provide equal access to visual
signs; however, in the future this may be
a possibility with more widespread
development and adoption of
wayfinding mobile applications. Thus,
in the final rule, all signs intended
solely for pedestrians must comply with
technical requirements for visual
characters except for the two categories
of signs described above.

Requirements for accessible parking
space signs have been moved to the
technical section for on-street parking
spaces (R310). The requirement for
signage at accessible passenger loading
zones has been eliminated in the final
rule for consistency with ADAAG and to
avoid misinterpretation of the sign as
indicating exclusive use for passengers
with disabilities, particularly where
there is only one loading zone.

R209 Street Furniture
Drinking Fountains (R209.2)
Each drinking fountain in the public
right-of-way must comply with
accessibility requirements at 602.1
through 602.6 of Appendix D to 36 CFR
part 1191 (ADA & ABA Accessibility
Guidelines).

Public Street Toilets (R209.3)
Each permanent public street toilet
must comply with sections 603 through
610 of Appendix D to 36 CFR part 1191
(ADA & ABA Accessibility Guidelines).

Permanent street toilets are standalone
toilet room units that are provided in
public rights-of-way in cities throughout
the United States. Specific examples of
these permanent street toilets are
discussed in the FRIA. FRIA at 125.

Street toilets are different than, for
example, traditional restroom facilities
provided at highway rest stops. Those
traditional bathroom facilities are in a
building; pursuant to R201.3, they are
subject to the applicable requirements of
36 CFR part 1191 (ADA & ABA
Accessibility Guidelines).

Portable toilet units must comply
with section 603 of Appendix D to 36
CFR part 1191 (ADA & ABA
Accessibility Guidelines). Where there
are multiple portable toilet units
clustered in a single location, at least 5
percent, but no fewer than one of each
type of toilet unit at each cluster must
comply with the referenced technical
requirements. In this context, ‘‘type’’
references those units differentiated by
gender.

The Board has revised the scoping of
the public street toilet section for
clarity, including revising the heading,
which reads ‘‘Public Toilet Facilities,’’
to avoid the confusion between public
street toilets and traditional toilet
facilities that was reflected in the public
comments. The Board has also corrected
the references to 36 CFR part 1191 (ADA
& ABA Accessibility Guidelines) and
provided separate provisions for
permanent street toilets and portable
toilet units.

Tables (R209.4)
At each group of adjacent tables, at
least 5 percent, but no fewer than one
table, must comply with technical
accessibility requirements at 902 of
Appendix D to 36 CFR part 1191 (ADA
& ABA Accessibility Guidelines). The
proposed rule had stated the
requirements relative to each ‘‘location’’
where tables were provided, and a state
government commenter indicated that
this language was unclear. The Board
has thus revised the text of this
provision to clarify that the requirement
applies to each group of adjacent tables,
as opposed to all tables in a larger area
that might be considered a ‘‘location.’’
Sales or Service Counters (R209.5)
Each sales or service counter in the
public right-of-way must comply with
section 904.4 of Appendix D to 36 CFR
part 1191 (ADA & ABA Accessibility
Guidelines). In the final rule, the Board
has added exceptions (one applicable to
facilities subject to the ADA and a
second applicable to facilities subject to
the ABA) to this scoping for sales and
service counters that are located in a
building that is not itself in the public
right-of-way, but that directly serves the
public right-of-way, such as a walk-up
service window on a sidewalk. The
Board added these exceptions to
eliminate confusion for sales and
service counters that are part of a
building and thus subject to 36 CFR part

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53623 1191, but directly serve the public rightof-way. In buildings, at least one of each type of sales or service counter must
comply with technical requirements. In
the public right-of-way, each sales or
service counter must comply.

Benches (R209.6)
In the proposed rule, the Board
provided a single scoping provision for
all benches in the public right-of-way
except for those at tables (which are
covered under the technical
requirements for tables) (NPRM R212.6).

This included benches along pedestrian
circulation paths and those at transit
stops and shelters. Commenters
indicated that the requirement that clear
space not overlap the area within 1.5
feet of the front of the bench was
confusing. The Board concluded that
while the requirement is appropriate for
transit shelters, it should be revised for
other contexts.

In the final rule, the Board has
clarified that for benches at transit stops
(R209.6.1) and benches not at transit
stops or shelters (R209.6.2) the clear
space complying with R404 must be
next to either end of the bench, or if the
bench does not have an ‘‘end,’’ such as
a circular bench, the clear space must be
either integral to the bench or located no
more than 18 inches (455 mm) from the
front of the bench. Where the clear
space is integral to the bench, there will
be a break in the bench where the clear
space is located. These requirements
ensure that a pedestrian using a
wheelchair may sit in proximity to a
companion seated on the bench. The
Board has restructured the provision for
clarity.

In the final rule, the Board has
maintained the requirement that the
clear space not overlap the area within
18 inches (455 mm) for benches
provided within transit shelters. See
R209.6.1; R309.2.2. In a transit shelter,
the primary goal is to provide shelter to
as many individuals as possible within
the limited space. Thus, the clear space
may be situated at the end of a bench
or at least 18 inches from the front edge
of the seat, ensuring that the bench may
be fully occupied while the clear space
is in use.

Four commenters requested that the
Board provide technical criteria for
benches. The Board concurs with
commenters that benches in the public
right-of-way should have armrests and
back support for maximum accessibility.

As stated in the advisory that
accompanied the proposed rule,
benches that provide full back support
and armrests to assist in sitting and
standing are more useable by
pedestrians with disabilities. However,
as the Board did not propose specific
technical requirements, such as
specifications for armrest loads and
dimensions and back height, the Board
declines to add those now at the final
rule stage.

One company that provides
jurisdictions with advertisement-funded
bus stop benches requested that the
Board exempt bus stop benches located
on unimproved surfaces from the
requirement to provide clear space in
order to protect the company’s business
model. The Access Board declines this
request. Consistent with the
implementation approach of many
accessibility regulations, new
construction and alterations provide an
opportunity for a jurisdiction to add
accessibility to a pedestrian facility at
minimal additional cost. PROWAG
requires the provision of boarding and
alighting areas at all newly constructed
and altered transit stops. Thus, when
installing concrete for the boarding and
alighting areas required by PROWAG, a
jurisdiction has the opportunity to
install a concrete pad for a bench if the
jurisdiction so desires. PROWAG does
not require jurisdictions to provide
benches at transit stops, but where
provided, they must comply with
accessibility requirements.

Operable Parts of Other Fixed Elements
(R209.7)
Operable parts of other fixed elements
to be used by pedestrians, including
street furniture, not specifically
addressed by this rule must comply
with technical requirements for
operable parts at R403. This provision
has been added in response to
commenters’ concerns about other types
of street furniture that are not
specifically addressed in the rule text.

The Board notes that operable parts
on parking meters and pay stations
other than those that serve accessible
parking spaces, which have additional
technical requirements specified at
310.6, are covered under R209.7 and
must comply with the technical
requirements for operable parts at R403.

This means that all parking meters and
pay stations must meet clear space,
reach range, and operation
requirements; however, they do not
need to comply with requirements for
visual displays stated at R310.6 that
ensure information is visible to a person
using a manual wheelchair. Two
disability rights advocacy organizations
commented in support of clear space at
all parking meters and pay stations. The
Board observes that many individuals
with disabilities use parking spaces
other than accessible spaces; to ensure
equity in public rights-of-way, persons
with disabilities must be able to access
parking meters and pay stations
wherever they park.

R210 Transit Stops and Transit
Shelters
Where provided, transit stops and
transit shelters shall comply with the
technical requirements at R309. In
response to the NPRM, a local
government transit advisory group
commented that the Board had failed to
propose a scoping provision for vending
machines at transit shelters. The Board
concurs that this was an oversight, and
has added a scoping provision for fare
vending machines that references the
operable parts technical requirements at
R403 and the relevant provisions of
Section 707 of 36 CFR part 1191. The
Board also added a scoping provision
for operable parts of other fixed
elements at transit stops and shelters
intended to be used by pedestrians.

R211 On-Street Parking
Where on-street parking is provided
and is metered or designated by signs or
pavement markings, accessible parking
spaces complying with the technical
provisions at R310 must be provided.

The minimum number of accessible onstreet parking spaces required is determined according to Table R211
assessing the total number of spaces.

The Board has made several revisions
to this scoping section based on public
comments. In the proposed rule, the
board used the total number of spaces
on a ‘‘block perimeter’’ to determine the
number of accessible spaces required.

Several commenters indicated that the
meaning of block perimeter was unclear,
while others noted that not all on-street
parking is located on a block perimeter.

In response to these concerns, the Board
has defined block perimeter in R104.3
and included an example within the
definition for clarity. In addition, the
Board has added a provision for parking
not on a block perimeter to clarify that
those on-street parking spaces are also
subject to accessibility requirements.

In response to commenter concerns,
the Board has excepted on-street spaces
that are designated exclusively for
commercial or law enforcement
vehicles, or residential parking. Those
excepted spaces are not counted for the
purpose of determining the required
number of accessible spaces. These
spaces must be designated for use solely
for the excepted purpose; spaces that are
designated for commercial or law
enforcement vehicle use or residential
parking only during certain hours are
not excepted and must be counted for
the purpose of determining the required
number of accessible spaces. Another

53624 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations exception states that where on-street
parking spaces are altered, the
requirements of R211 shall apply only
to the affected parking spaces until the
minimum number of accessible onstreet parking spaces as specified in Table R211 are provided. Thus, for
example, alteration of a single on-street
parking space on a block perimeter
would not trigger the obligation to
provide the total number of required
accessible spaces on the block
perimeter. Only the altered space would
need to be made accessible if an
insufficient number of accessible spaces
were available.

The Board notes that these minimum
guidelines for the provision of
accessible parking in public rights-ofway do not prevent regulated entities from providing additional accessible
parking, including residential accessible
parking. Standard-setting agencies may
also adopt a more stringent standard.

In response to the NPRM, a local
government commenter asked whether
on-street accessible spaces are required
where there is an adjacent public offstreet lot, and a state government DOT requested that the Board allow
jurisdictions to combine the number of
on-street and off-street parking spaces
for the purpose of designating accessible
spaces. On-street parking spaces are
covered by PROWAG and off-street
parking in lots or garages is covered by
the requirements at 36 CFR 1191.

Accessible parking must be separately
designated for on-street and off-street
locations. To ensure equity for persons
with disabilities, if on-street parking is
provided then accessible on-street
parking must also be provided.

Several local government commenters
requested flexibility for the provision of
accessible on-street parking where
paratransit or other parking
management programs, such as free
parking, are provided for persons with
disabilities. The Board has carefully
considered these comments and has
declined to provide exceptions for
jurisdictions with paratransit or parking
management programs. The provision of
accessible on-street parking spaces
consistent with PROWAG ensures that
parking spaces are available that will
allow persons with disabilities to park
close to their destinations and have
either a direct or nearby connection to
a pedestrian access route or pedestrian
circulation path. The provision of
paratransit or free parking for persons
with disabilities does not address the
availability of accessible parking for
persons with disabilities who rely on
private vehicle transportation.

Jurisdictions that allow persons with
disabled parking placards to park in ‘‘no
parking’’ or loading zone areas cannot
guarantee that those areas will have
accessible features such as proximity to
a curb ramp or an adjacent sidewalk
clear of obstructions such that a ramp
can be deployed.

One commenter indicated that the
rule should include guidelines for
accessible electric vehicle charging
stations. The Board is undertaking a
separate rulemaking to address the
accessibility of electric vehicle charging
stations, which may ultimately address
electric vehicle charging stations in the
public right-of-way. See ATBCB Fall
2022 Unified Agenda, available at
https://www.reginfo.gov/public/do/
eAgendaViewRule?pubId=202210&
RIN=3014-AA48.

R212 Passenger Loading Zones
Where permanently designated
passenger loading zones other than
transit stops are provided, at least one
accessible passenger loading zone
complying with technical requirements
must be provided in every continuous
100 feet (30 m) of loading zone space,
or fraction thereof. The Board revised
the text of this scoping provision to
clarify that the passenger loading zones
covered by this rule are those that are
permanently designated for passenger
loading, other than transit stops. This
includes passenger loading zones
permanently designated for ride share.

Often, permanent passenger loading
zones in the public right-of-way are
comprised of a sidewalk cut out so that
vehicles can pull out of the traveled way
to unload passengers. However, a
permanently affixed sign designating a
passenger loading zone is sufficient to
bring the loading zone under coverage
of this rule. Passenger loading zones
that vary with the time of day or the
occupancy of a particular retail space,
such as valet stands that are provided
only during certain hours, are not
considered permanently designated and
are therefore not subject to PROWAG.

R213 Stairs and Escalators
Where provided on pedestrian
circulation paths, stairs must comply
with technical requirements at R408 and
escalators must comply with section
810.9 of Appendix D to 36 CFR part
1191 (ADA & ABA Accessibility
Guidelines). Stairs and escalators are
not part of pedestrian access routes, but
where they are provided in the public
right-of-way, they must comply with
technical requirements. Persons with
certain disabilities will find a short set
of stairs more useable than a long ramp,
thus although these pedestrian facilities
are not part of the pedestrian access
route, it is nonetheless important that
they conform to accessibility
requirements.

In the final rule, the Board substituted
the word ‘‘stairs’’ for ‘‘stairways’’ for
consistency with the term used in the
requirements of 36 CFR part 1191 (ABA
& ADA Accessibility Guidelines), and to
clarify that a single stair is subject to the
requirements of PROWAG.11 In
response to technical assistance
inquiries made to the Board over the
years since the proposed rule was
published, the Board has added a
definition for ‘‘stair’’ in R104.3 to clarify
that a curb is not a stair.

R214 Handrails
Wherever handrails are installed on
pedestrian circulation paths, including
on stairs, they must comply with
technical requirements at R409. A few
commenters expressed confusion over
where handrails must be installed.

PROWAG requires handrails in two
places: on ramp runs with a rise greater
than 6 inches (150mm) (R407.8) and on
stairs (R408.8). The Board has taken care
to ensure that the distinction between
ramps requiring handrails and other
sloped surfaces not requiring handrails
is clear in the final rule. The final rule
text clarifies that a sidewalk or other
pedestrian circulation path is not
subject to the requirements for ramps,
including the requirement for handrails,
unless its grade exceeds the allowable
specifications of R302.4 (R407.1).

Jurisdictions may install handrails in
places other than ramps and stairs at
their own discretion. Wherever
handrails are installed in the public
right-of-way, they must conform to the
technical requirements of R409
regardless of whether they are required
by PROWAG or have been placed
voluntarily.

D. Chapter 3: Technical Requirements
R301 General
The technical requirements contain
accessibility design criteria and apply as
specified in the scoping provisions of
Chapter 2 or where referenced by
another technical requirement in
Chapter 3 or 4. These technical
requirements were developed
specifically for pedestrian facilities in
the public right-of-way.

R302 Pedestrian Access Routes
The technical requirements for
pedestrian access routes at R302 are
intended to provide a continuous path
throughout the pedestrian facilities of a
11 Section 504 of Appendix D to 36 CFR part 1191
(ABA & ADA Accessibility Guidelines) is entitled
‘‘Stairways,’’ however the terms ‘‘stair’’ or ‘‘stairs’’ are used throughout the text of the requirements.

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53625 public right-of-way that is accessible to
persons with disabilities. These
technical requirements include clear
width, passing spaces, grade, cross
slope, and surface characteristics. The
technical requirements as proposed in
the NPRM were adapted from the
technical requirements for accessible
routes for buildings and facilities at 36
CFR part 1191, Appx. A 206. Based on
careful consideration of the many
comments received in response to the
proposed and supplemental proposed
rules, the Board has modified several of
the pedestrian access route technical
provisions for consistency with the
public right-of-way context and for
clarity of the requirements.

In the final rule, the Board eliminated
the list of components of pedestrian
access routes that appeared in NPRM
R302.2. The Board concurred with a
local government commenter who
opined that each facility included in
this list should have scoping in Chapter

2. The Board revised R203 to provide
scoping for each pedestrian facility, and
then determined that the list of facilities
with associated technical provisions at
NPRM R302.2 was duplicative of the
revised section R203. Further, the Board
concluded that the list at NPRM R302.2
added to the confusion regarding the
concept of a pedestrian access route in
the public right-of-way.

As explained above in the discussion
of R203, pedestrian access routes in the
public right-of-way function differently
than accessible routes in buildings and
on sites. Accessible routes in buildings
and on sites are required to connect
accessible facilities and elements to
other accessible facilities and elements
and may consist of various components.
36 CFR part 1191, Appx. D 206.2, 402.2.

A pedestrian access route in the public
right-of-way runs through nearly every
traversable surface within the
pedestrian facilities; thus, unlike the
requirements for a building, every new
and altered traversable surface in the
public right-of-way, except for stairs and
facilities that have been specifically
excepted, must comply with pedestrian
access route requirements. As a result of
elimination of the proposed R302.2, the
sub-provisions of R302 have been
renumbered.

Continuous Clear Width (R302.2)
The requirements for clear width of
pedestrian access routes have not
changed from what the Board proposed,
as modified by the SNPRM (SNPRM
R302.3). Specifically, a 48-inch (1220
mm) continuous clear width is required
for most portions of the pedestrian
access route. There are two exceptions:
(1) places where a pedestrian access
route crosses medians and pedestrian
refuge islands, which require 60 inches
of clear width or the width of the
crosswalk (whichever is greater), and (2)
shared use paths where the clear width
must extend the entire width of the
path. In response to commenter
questions, the Board revised the
language of the provision to clarify that
the required width is measured
exclusive of any curb. Also, in response
to comments, the Board has added a
sentence clarifying that bollards are
permitted on shared use paths as long
as the clear width of the pedestrian
access route is 48 inches (1220 mm) or
wider (R302.2.2).

In response to the NPRM, three state
DOTs and two utility companies
requested that the Board allow a
reduction in the clear width of
pedestrian access routes to
accommodate utility poles, traffic signal
poles, and similar obstructions. An
additional 28 individual commenters
employed by utility companies
requested that the Board revise the clear
width requirement to 36 inches. In
alterations, including the addition of a
pedestrian circulation path to an
existing right-of-way, where existing
physical constraints make compliance
with the clear width requirements
technically infeasible, compliance with
these requirements is required to the
maximum extent feasible. See R202.3. In
that circumstance, the jurisdiction must
comply with the requirement to the
maximum extent feasible. Thus, these
guidelines permit a jurisdiction to
reduce the clear width of a pedestrian
access route to account for existing
utility infrastructure if the pedestrian
circulation path cannot be rerouted
around the utility and the utility cannot
reasonably be relocated.

In the context of alterations, where
there are existing physical constraints,
the width must still comply to the
maximum extent feasible; a pedestrian
circulation path narrower than 36
inches may be impassible by a person
with a mobility device. In new
construction of undeveloped land, by
contrast, the Board expects jurisdictions
to insist that utilities, traffic signals, and
street furniture be located to allow for
full compliance with accessibility
requirements. However, as provided in
DOJ’s Title II regulations, full
compliance with the relevant
accessibility requirements is not
required in the context of new
construction where a public entity can
demonstrate that it is structurally
impracticable to meet the requirements.

Full compliance is considered
structurally impracticable only in those
rare circumstances when the unique
characteristics of terrain prevent the
incorporation of accessibility features.
28 CFR 35.151.

Some commenters, including two
disability rights advocacy organizations,
a pedestrian advocacy organization and
a local government DOT, requested that
the Board expand the required clear
width to 60 or 72 inches. The Board
acknowledges that its public rights-ofway advisory committee recommended a width of 60 inches. See Public Rights
of Way Access Advisory Committee,
Building a True Community: Final
Report, 13 (2001) available at https://
www.access-board.gov/files/advisorycommittee-reports/prow-report.pdf.

However, that recommendation
included several circumstances where a
reduction in width would be permitted.

Id. The Board opted to require 48 inches
clear width with a requirement for 60
inch passing spaces as a minimum
accessibility requirement. Forty-eight
inches allows room for a person using
a mobility device to traverse a
pedestrian circulation path.

In response to the SNPRM, some
commenters requested that the Access
Board add a minimum width for shared
use paths. Jurisdictions determine the
width for a shared use path using
criteria related to anticipated user
volumes. AASHTO recommends that
two-directional shared use paths should
be 10 feet wide minimum. AASHTO,
Guide for the Development of Bicycle
Facilities 5–3 (4th ed. 2004). Where
shared use paths are anticipated to serve
a high percentage of pedestrians and
high user volumes, AASHTO
recommends that the paths should be 11
to 14 feet wide to enable a bicyclist to
pass another path user travelling in the
same direction, at the same time a path
user is approaching from the opposite
direction. Id. In certain ‘‘very rare’’
circumstances, AASHTO permits the
width of shared use paths to be reduced
to 8 feet. Id.

The Board is concerned that stating a
minimum width, such as the width
required for a pedestrian access route,
may cause confusion that would result
in the installation of narrower shared
use paths than what would otherwise be
used. Thus, the Board has maintained
the requirement stated in the SNPRM
that technical requirements for
pedestrian access routes are applicable
to the full width of shared use paths,
whatever the width.

In response to a local government
commenter that expressed concern that
motorists would mistake a full-width
curb ramp of a shared use path for a
driveway, and a state DOT requested an
exception for bollards that prohibit
vehicular travel, the Board has added a

53626 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations sentence to R302.2.2 clarifying the
obstructions such as bollards are
permitted on shared use paths as long
as the clear width of the pedestrian
access route is not reduced to less than
48 inches (1220 mm).

One local government commenter
sought clarification regarding the
applicable clear width for a path where
bicyclists and pedestrians travel on
separate but adjacent paths. A state’s
department of recreation asserted that
for pedestrian paths with adjacent
equestrian paths, the requirements
should apply only to the pedestrian
portion of the path. Whether a particular
pedestrian facility should be considered
a shared use path or not will be
determined by the specific
characteristics of the path. The question
is whether there is a shared use path, or
a pedestrian circulation path and an
adjacent bike path or equestrian path.

If there is a detectable separation
between the pedestrian portion of the
path and the bike or equestrian portion
of the path, then it may not actually be
a shared use path, but rather two
distinct facilities in close proximity.

Passing Spaces (R302.3)
Passing spaces must be provided at
intervals of 200 feet (61 m) maximum
where the clear width of the pedestrian
access route is less than 60 inches (1525
mm). The passing spaces, which are 60
inches by 60 inches, are provided to
allow sufficient space for two persons in
wheelchairs to pass each other.

Pedestrian access routes and passing
spaces may overlap. In response to the
NPRM, a utility company expressed
concern about passing spaces being
added to a pedestrian access route near
an at-grade rail crossing where typically
pedestrians would be channelized into
the crossing. Passing spaces must be
added at intervals no greater than 200
feet, but jurisdictions have flexibility to
place some passing spaces at shorter
intervals to ensure that specific areas are
avoided.

A local government commenter
requested clarification as to what length
of a pedestrian circulation path would
need to be altered to trigger the
requirement for a passing space. As this
is a question regarding how the
technical requirements will be enforced,
the Board notes that USDOT and DOJ
may provide further specifics on this
issue.

Grade (R302.4)
The grade of a pedestrian access route
is the running slope of the route in the
direction of pedestrian travel. Grade is
the vertical change in elevation over the
horizontal distance covered and is
expressed as either a ratio or, when
dividing these two numbers, as a
percent. The grade of pedestrian access
routes must comply with the
specifications corresponding to the
location of the pedestrian access route,
except for the grade of curb ramps and
blended transitions, and ramps, which
must comply with the grade
specifications of their respective
technical requirements (R304, R407).

Where pedestrian access routes are
contained within a street or highway
right-of-way, the grade of the pedestrian
access route shall not exceed 1:20
(5.0%). An exception permits the grade
of the pedestrian access route to not
exceed the grade established for the
adjacent street or highway, where the
grade established for that adjacent street
or highway exceeds 1:20 (5.0%)
(R302.4.1). However, where pedestrian
access routes are contained within
crosswalks, a maximum grade of 1:20
(5.0%) is required (R302.4.3). This is
consistent with AASHTO guidance,
which recommends that the sidewalk
grade follow the grade of adjacent
roadways, and also recommends
maximum cross slopes for roadways.

See AASHTO, A Policy on Geometric
Design of Highways and Streets 4–7 (7th
ed. 2018); see also AASHTO, Guide for
the Development of Bicycle Facilities 5–
16 (4th ed. 2012). Where pedestrian
access routes are not contained within
a street or highway right-of-way, such as
a shared use path that runs through
either a separate right-of-way or an
easement on private land, a maximum
grade of 1:20 (5.0%) is required
(R302.4.2).

In response to comments from state
and local government entities, the Board
restructured R302.4.1 (NPRM 302.5) to
clarify that a pedestrian access route
within a highway right-of-way may be
graded to 1:20 (5.0%), even where the
grade of the adjacent street is less than
1:20 (5.0%). The Board has restructured
this provision to provide a general
requirement of 1:20 (5.0%) maximum
grade of the pedestrian access route,
with an exception stating that where the
grade of the adjacent street exceeds 1:20
(5.0%), the grade of the pedestrian
access route shall not exceed the grade
of the adjacent street. In some
circumstances where the grade of the
adjacent street is less than 1:20 (5.0%),
compliance with the general
requirement could result in a pedestrian
access route with a grade of 1:20 (5.0%)
maximum being steeper than the grade
of the adjacent street if the grade of the
adjacent street is less than 1:20 (5.0%).

The Board also received comments
from four state DOTs indicating that
their standard maximum for
superelevation exceeds 5%. To address
this concern, the Board has added an
exception for the grade of the pedestrian
access route within a crosswalk, which
specifies that where roadway design
requires superelevation greater than
1:20 (5.0%) at the location of a
crosswalk, the grade of the pedestrian
access route within the crosswalk may
be the same as the superelevation
(R302.4.3).

In the SNPRM, the Board added a
provision requiring compliance with
grade requirements to the ‘‘extent
practicable’’ in both new construction
and alterations where compliance with
grade requirements for pedestrian access
routes ‘‘not practicable’’ due to existing
terrain or infrastructure, right-of-way
availability, a notable natural feature, or
similar existing physical constraints
(SNPRM R302.5.2). The Board
explained that this provision was
responsive to comments to the Advance
Notice of Proposed Rulemaking
(ANPRM) on accessibility guidelines for
shared use paths indicating that
physical constraints may prevent full
compliance with grade requirements.

The comments received in response to
the SNPRM indicate that the proposed
language at SNPRM R302.5.2 did not
provide additional clarity or substantial
flexibilities beyond what is already
available through other provisions and
standards. The Board received
comments from some state DOTs and
local governments detailing
circumstances where the grade of SUPs
in their jurisdictions exceed 5%
principally due to underlying terrain.

For example, one local government
located in a mountainous area noted
that only 17% of the land within its
jurisdiction has a slope of 5% or less
and indicated that its design guidelines
allow the grade of shared use paths to
exceed 5% for short sections where
topographical constraints necessitate
design flexibility. A state DOT observed
that the language of the SNPRM created
a ‘‘grey area’’ where jurisdictions would
use engineering judgement in
determining whether compliance with
the 5% maximum grade was
‘‘practicable’’ due to existing terrain. An
accessibility advocacy organization
commented that accessibility standards
should be applied ‘‘100 percent’’ and
only scaled back where existing site
conditions warrant.

Upon consideration of the comments
and further reflection and research, the
Board has concluded that the proposed
provision at SNPRM R302.5.2
specifically allowing the grade of the
pedestrian access route to comply with
grade requirements to the ‘‘extent

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53627 practicable’’ 12 where compliance is
‘‘not practicable’’ is not needed for the
following reasons.

First, the Board notes that the Volpe
Center, which assessed the costs of
compliance with this provision,
observed that the majority of shared use
path miles cataloged in available
documentation are built on abandoned
or converted railroad track beds, and
thus have a grade of less than 1:100
(1.0%) due to their railroad origins. See
FRIA at 66. Further, the Board notes that
the grade of shared use paths built
within a highway right-of-way may
match the grade of the adjacent street if
it exceeds 1:20 (5.0%) (R302.4.1
Exception). In addition, AASHTO
advises that the grade of a shared use
path in an independent right-of-way
should not exceed 5%. See AASHTO,
Guide for the Development of Bicycle
Facilities 5–16 (4th ed. 2012).

Consequently, the majority of shared
use paths will meet the technical
requirements for the grade of pedestrian
access routes at R302.4.

Second, the Board notes that most
shared use paths are built on existing
rights-of-way and thus considered
alterations under the final rule. See
FRIA at 66. As explained above,
‘‘added’’ pedestrian facilities were
required to fully comply with technical
requirements as ‘‘new construction’’
under the proposed rule; however,
under the final rule pedestrian facilities
added to existing, developed rights-ofway are alterations. See 104.3. Section R202.3 of the final rule allows a
regulated entity to comply with a
requirement to the maximum extent
feasible where the requirement is
technically infeasible due to existing
physical constraints. Section R202.3
specifically lists underlying terrain,
underground structures, adjacent
developed facilities, drainage, and the
presence of a significant natural or
historic feature as examples of existing
physical constraints that may prevent
compliance with a requirement.

For example, a state department of
conservation and recreation submitted a
comment in response to the SNPRM
requesting that the Access Board allow
new shared use paths to use the grade
of the existing facility that they will be
built on, such as a fire road or
abandoned railroad that would serve as
a trail bed. Under the final rule, the
construction of shared use paths on
existing facilities such as these are
alterations, and compliance would be
12As explained in the Major Issues section above,
to improve clarity of the final rule text the Board
has removed the word ‘‘practicable’’ in favor of
‘‘feasible,’’ which is used in the 2004 ABA and
ADA Accessibility Guidelines.
expected to the maximum extent
feasible where existing physical
constraints make compliance
technically infeasible (see R202.3).

Second, with respect to newly
constructed shared use paths not within
a highway right-of-way, the Access
Board observes that DOJ regulations
implementing accessibility
requirements under Title II of the ADA
state that full compliance with the
relevant accessibility requirements is
not required in the context of new
construction where a public entity can
demonstrate that it is structurally
impracticable to meet the requirements.
28 CFR 35.151. While under DOJ’s
regulation full compliance is considered
structurally impracticable only in those
rare circumstances when the unique
characteristics of terrain prevent the
incorporation of accessibility features,
the comments received in response to
the SNPRM indicate that the main
impediment to full compliance with
grade requirements is the underlying
terrain. DOJ and USDOT may elect to
provide additional information
regarding the unique characteristics of
terrain that would make compliance
with grade requirements structurally
impracticable.

In sum, the Board has eliminated
SNPRM R302.5.4 from the final rule as
unnecessary in light of other available
flexibilities to address circumstances
where the characteristics of the
underlying terrain prevent full
compliance with the technical
requirements for grade.

In the final rule, the Board has also
eliminated a provision that provided
flexibilities for instances where
compliance with grade requirements is
precluded by laws intended to preserve
threatened or endangered species, the
environment, or archeological, cultural,
historical, or significant natural features
(SNPRM R302.5.5). This provision was
modeled after a provision in the Board’s
supplemental rulemaking under the
ABA for Federal outdoor areas. 36 CFR
part 1191, Appx. D 1019.1. Upon further
consideration, the Board has concluded
that while this exception was suitable
for recreational trails in National Parks
and other Federal lands, is not
appropriate for the construction of
transportation facilities, including
shared use paths, which should be
designed to prioritize equitable
transportation for all, and are already
subject to environmental review.

Cross Slope (R302.5)
Cross slope is the slope perpendicular
to the direction of pedestrian travel (see
R104.3). On a sidewalk, the cross slope
is measured perpendicular to the curb
line or edge of the street or highway.

Excessive cross slope impedes travel by
pedestrians who use wheeled mobility
devices, since energy must be expended
to counteract the perpendicular force of
the cross slope. Excessive cross slope
makes it more difficult for pedestrians
who use wheelchairs to travel on uphill
slopes and to maintain balance and
control on downhill slopes. Excessive
cross slope also negatively affects
pedestrians who use braces, lower limb
prostheses, crutches, or walkers, as well
as pedestrians who have gait, balance,
or stamina impairments.

A maximum cross slope of 1:48
(2.1%) is specified for pedestrian access
routes, except for pedestrian access
routes contained within certain
crosswalks. This is the same cross slope
specified for accessible routes in
buildings and facilities. 36 CFR part
1191, Appx. D 403.3. In exterior
environments, this cross slope is
adequate to allow water to drain off
paved walking surfaces.

The Board has added an exception to
this general rule to clarify that the
portion of a pedestrian access route
within a street that connects an
accessible parallel parking space to the
nearest crosswalk as specified in
R310.2.2 is not required to comply with
cross slope requirements.

In crosswalks, the slope of the
roadway is taken into consideration
because the grade or running slope of
the roadway perpendicular to the
direction of pedestrian travel will
comprise the cross slope of the
crosswalk. The NPRM specified 5
percent maximum cross slope for
pedestrian access routes contained
within pedestrian street crossings
‘‘without yield or stop control’’ (NPRM
R302.6.1). The purpose of allowing a
steeper cross slope at these crosswalks
is to avoid a jolt to vehicles at the
change of grade where vehicles do not
need to slow to a yield or stop at a
crossing.

In an advisory that accompanied the
proposed rule text, the Board indicated
that a pedestrian street crossing
‘‘without yield or stop control’’
included intersections with a traffic
signal designed for the green phase. In
response to the NPRM, several
commenters indicated that the meaning
of ‘‘without yield or stop control’’ was
unclear. The Board concurs with these
commenters, and in the final rule has
provided more specific requirements for
different types of approaches.

In R302.5.2 of the final rule, the Board
breaks down the cross slope for
pedestrian access routes contained
within a crosswalk. Specifically, the
Board addresses crosswalks where the

53628 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations intersection approach has a stop or yield
control device such as a stop or yield
sign or a flashing red or yellow light
(R302.5.2.1); crosswalks at uncontrolled
intersection approaches where there is
no indication that traffic must slow or
stop (R302.5.2.2); and crosswalks at
intersection approaches with a traffic
control signal or pedestrian hybrid
beacon, which have phases where traffic
need not slow to cross the intersection,
such as when the traffic signal is green
or when the pedestrian hybrid beacon is
not activated (R302.5.2.3).

The cross slope of the pedestrian
access route within a midblock
crosswalk or a crosswalk at a
roundabout is permitted to be the same
as the grade of the street that it crosses
(R302.5.2.4). The Board added a
reference to crossings at roundabouts to
clarify that these crosswalks, which do
not occur at traditional intersections,
operate similarly to midblock crossings.

In response to the NPRM, the Board
received numerous comments on the
topic of cross slope, which are
addressed above in the Major Issues
section. The Board has assessed the
costs of compliance of R302.5.2 in the
FRIA. See FRIA at 114.

Surfaces (R302.6)
The walking surfaces of pedestrian
access routes, elements, and spaces that
are required to be accessible shall be
stable, firm, and slip resistant (R302.6).

This is the same requirement as the
proposed rule (NPRM 302.7); in the
final rule, the Board made edits for
clarity.

The NPRM contained a provision
regarding vertical alignment of surfaces,
which was intended to communicate
that adjacent surfaces, such as pavers,
portions of sidewalk, or other pedestrian
facilities and elements within the
pedestrian access route, be on the same
plane. The provision further required
grade breaks to be flush (i.e., without a
gap between them), and stated
requirements for at-grade rail crossings.

Commenters mostly expressed
confusion regarding the purpose of this
provision. In the final rule, the Board
has removed most of this provision,
leaving only the requirement that grade
breaks be flush (R302.6.1). The Board
determined that the proposed
requirement for planar surfaces was not
needed in light of requirements for
grade (R302.4), cross slope (R302.5) and
changes in level (R302.6.2). The
requirements for at-grade rail crossing
surfaces have been consolidated at
R302.6.4.

Changes in Level (R302.6.2)
In the proposed rule, the Board used
the term ‘‘vertical surface
discontinuities’’ to describe what is
referred to as ‘‘changes in level’’ in the
2004 ABA and ADA Accessibility
Guidelines. See NPRM R302.7.2; see
also 36 CFR part 1191, Appx. A 303. In
response to the NPRM, commenters
suggested that this section be revised for
better consistency with the 2004 ABA
and ADA Accessibility Guidelines. The
Board concurred with this suggestion
and has updated the language at
R302.6.2 to address ‘‘changes in level.’’
The term ‘‘surface discontinuities’’ has
been eliminated from the guidelines.

The term ‘‘changes in level’’ as used
in these guidelines refers to an abrupt
increase or decrease in the level of the
walking surface of a pedestrian access
route, such as occurs when one
sidewalk panel is slightly higher than an
adjacent panel. It is measured relative to
the plane of the walking surface; it does
not take into consideration the grade of
the pedestrian access route. The text of
this provision has been revised for
clarity. The requirements state that
changes in level up to 1⁄4 inch (6.4 mm)
may be vertical. Changes in level
between 1⁄4 inch (6.4 mm) high and 1⁄2
inch (13 mm) high must be beveled.

The Board has also included an
additional clarification that changes in
level greater than 1⁄2 inch (13 mm) up
to 6 inches (150 mm) must have a slope
no greater than 1:12 (8.3%), and changes
in level greater than 6 inches (150 mm)
must comply with the requirements for
ramps at R407. The Board added these
provisions in response to comments and
due to the many technical assistance
inquiries seeking clarification as to
where in the public right-of-way
pedestrian access routes are to be
treated as ramps.

In the public right-of-way, changes in
level of 6 inches (150 mm) or less are
not subject to the ramps technical
requirements and thus do not require
handrails, edge protection, or landings.

This clarification addresses local
government commenters’ concerns
about the difficulty of limiting changes
in level to 1⁄2 inch (13 mm) in the public
right-of-way due to soil movements. The
Board acknowledges that sidewalk
panels shift over time due to tree root
growth, soil movement, and other
factors. The Board anticipates that the
clarified provisions will help
jurisdictions better plan for sustained
compliance through regular
maintenance programs.

The Board acknowledges comments
from two state government commenters
that requested a requirement that utility
covers, vault frames, and gratings not be
located on curb ramps in new
construction. The Board does
recommend that these items be located
elsewhere in new construction;
however, these items are permitted if
installed consistent with the
requirements.

Horizontal Openings (R302.6.3)
Horizontal openings in ground
surfaces, for example, holes in gratings
or gaping cracks in pavement, must not
be so large such that a sphere larger than
1⁄2 inch in diameter may pass through.

The Board revised the language of this
provision slightly from the proposed
NPRM 302.7.3 to clarify that holes in
gratings and joints are examples of
horizontal openings, not the only
horizontal openings covered by
PROWAG.

In general, elongated openings are
permitted perpendicular to the
dominant direction of travel. In the final
rule, in response to comments from a
state DOT and a pedestrian advocacy
organization, the Board has clarified
that elongated openings are not
permitted where pedestrian access
routes intersect as a single dominant
direction of travel cannot be identified
in that circumstance.

The Board notes the concern raised by
one commenter that one northern state
uses 1-inch-wide horizontal openings
on stairs to minimize snow and ice
build-up, and acknowledges that newly
constructed and altered stairs in this
jurisdiction may require additional
maintenance to clear snow and ice.

However, equity requires that persons
with disabilities in northern climates
also have access to pedestrian facilities.

A cane or crutch tip may become
trapped in a horizontal opening wider
than 1⁄2 inch.

In response to the NPRM, a local
government commenter indicated that
the horizontal openings requirements
may conflict with water drainage in
existing rights-of-way. As discussed
above, alterations in existing rights-ofway are to comply with technical requirements to the maximum extent
feasible where existing physical
constraints make compliance with
applicable requirements technically
infeasible.

Surfaces at Pedestrian At-Grade Rail
Crossings (R302.6.4)
In the final rule, the Board has
consolidated at R302.6.4 all of the
surface requirements for pedestrian
access routes at pedestrian at-grade rail
crossings. The surface alignment
requirement (R302.6.4.1) has not
changed from the proposed rule, except

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53629 that it was moved from the proposed
vertical alignment section (NPRM
R302.7.1), which was eliminated. Where
a pedestrian access route crosses rails at
grade, the pedestrian access route
surface must be level and flush with the
top of rail at the outer edges of the rails,
and the surface between the rails must
be aligned with the top of rail. This
requirement keeps the surface of these
crossings as consistent as possible
except for the flangeway gap.

Flangeway gaps are the horizontal
opening immediately adjacent to the
rails that allow passage of train wheel
flanges. Flangeway gaps, like other
horizontal openings in a walking
surface, can pose a potential hazard to
pedestrians with certain disabilities
because they can entrap wheelchair
casters, walker wheels, and crutch or
cane tips.

The requirements for flangeway gaps
have been set at the narrowest
dimension that allows a train to safely
traverse a pedestrian crossing. There are
two different dimensions for flangeway
gaps: 3 inches maximum for crossings
located on railroad track subject to
Federal Railroad Administration (FRA)
safety regulations at 49 CFR part 213,
and 2 and 1⁄2 inches maximum for all
others (R302.6.4.2). In the proposed
rule, the Board had described these two
categories as ‘‘freight rail track’’ and
‘‘non-freight rail track,’’ but revised the
description for clarity at the request of
the FRA.

In response to the proposed rule a
public utilities commission requested
that the Board include a specification
for field side gaps (i.e., gaps on the outer
side of the rail). An additional
specification is not needed for field side
gaps because the general requirement
for horizontal openings (1⁄2 inch) at
R302.6.3 applies. A railroads association
commented that while a 3-inch gap is
acceptable for new construction,
flangeway gaps widen over time. The
Board acknowledges that, similar to
many accessibility requirements,
maintenance to sustain compliance may
be required.

The same railroads association also
commented that a 2 and 1⁄2 inch gap is
not sufficient for Amtrak and other
commuter railroads. However, those
railroads generally operate on track
subject to FRA safety regulations at 49
CFR part 213, and thus would be subject
to the 3-inch maximum, not the 2 and
issues are identified. The association
did not provide further information
regarding the specific freight safety
issues that would be presented by the 3-
inch (75 mm) maximum requirement.

The Board notes that this maximum is
applicable only at pedestrian crossings;
in alterations, compliance is expected to
the maximum extent feasible where
existing physical constraints make
compliance with applicable
requirements technically infeasible
(R202.3).

A public utilities commission
requested a requirement for flange filler.

In the NPRM, the Board asked a
question seeking information or
research on materials and devices that
fill the flangeway gap but received no
responses. At the time that the NPRM
was published, the Board anticipated
that significant research would be
undertaken on this topic. The Board
acknowledges that flangeway gap fillers
are used at some light rail station stops;
however, there has not been sufficient
research for the Board to conclude that
a national mandatory requirement for
flangeway gap fillers at grade-level
crossings is appropriate. The Board
intends to encourage further research on
this topic, and may revisit a requirement
for flangeway gap fillers in the future.

R303 Alternate Pedestrian Access
Routes
The proposed rule did not contain
technical provisions for alternate
pedestrian access routes. Rather the
scoping incorporated by reference
specific provisions of the MUTCD. In
response to commenter concerns, and as
described above, the Board has
eliminated references to the MUTCD
and included technical requirements
directly in the rule text.

In proposed section NPRM 205, the
Board indicated that alternate
pedestrian access routes must comply
with sections 6D.01, 6D.02 and 6G.05 of
the MUTCD (2009 Edition). The
proposed rule further noted that where
provided, pedestrian barricade and
channelizing devices were required to
comply with sections 6F.63, 6F.68, and
6F.71 of the MUTCD.13
The guiding principle with respect to
accessibility for MUTCD alternate
pedestrian access routes is found in
MUTCD 6D.02 paragraph 3, which
states, ‘‘When existing pedestrian
facilities are disrupted, closed, or
relocated in a [temporary traffic control]
zone, the temporary facilities shall be
detectable and include accessibility
features consistent with the features
present in the existing pedestrian
facility.’’ In section R303, the Board has
specified the required accessibility
features of alternate pedestrian access
routes to ensure that they are detectable
and contain the basic accessibility
features of the closed route without
being overly burdensome.

Signs (303.2)
The final rule requires that
jurisdictions provide signs identifying
alternate pedestrian access routes in
advance of decision points. The signs
must comply with technical
requirements for characters at R410. In
addition, proximity actuated audible
signs or other non-visual means of
conveying the information on the signs
must be provided within the public
right-of-way.

The signs are intended to provide
clarity to pedestrians as to where any
alternate pedestrian access route is
located. Placing signs ahead of decision
points, such as at an intersection that
precedes a closed sidewalk, reduces the
need for pedestrians to retrace their
steps or alternately attempt to cross a
roadway at a place other than a
crosswalk.

The proposed rule referenced MUTCD
6D.01 paragraph 3, which requires that
jurisdictions provide advance
notification of sidewalk closures. Equity
requires that whatever information is
made available to sighted persons must
also be provided in a non-visual format.

Equitable access to information on
alternate pedestrian access routes is
contemplated in the guidance to
MUTCD 6D.02, which was referenced in
the proposed rule:

Because printed signs and surface
delineation are not usable by
pedestrians with visual disabilities,
blocked routes, alternate crossings, and
sign and signal information should be
communicated to pedestrians with
visual disabilities by providing audible
information devices, accessible
pedestrian signals, and barriers and
channelizing devices that are detectable
to pedestrians traveling with the aid of
a long cane or who have low vision.

The Board also indicated in an
advisory that accompanied the proposed
rule that proximity-actuated audible 1⁄2 inch maximum. A state DOT signs are a preferred means to warn questioned whether the maximums set
would cause derailments, but did not
provide any factual basis for this
concern. An association of
transportation engineers requested an
exception where specific freight safety
13 The Board acknowledges that some of the
MUTCD provisions that were incorporated by
reference contained standards that are not relevant
to accessibility and therefore beyond the scope of
this regulation. Accordingly, the substance of those
non-relevant provisions of the MUTCD is not
included in this final rule.
pedestrians who are blind or have low
vision about sidewalk closures (NPRM
Advisory R205).

In response to the NPRM, the Board
received comments from four disability
rights advocacy organizations, one state

53630 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations council on disability, and one state DOT
in support of the use of proximity
actuated audible signs. Two engineering
organizations expressed concern that
proximity actuated audible signs are not
commonly used, would be expensive,
and would likely be stolen. A rail transit
and crossings branch of a public utility
expressed concern that proximity
actuated signs should not be required at
rail crossings, where they might not be
heard.

As stated above, equity requires that
information provided in a visual format
to pedestrians also be provided in a
non-visual format so that pedestrians
who are blind or have low vision have
equal access to the information. The
Board has evaluated the costs of these
devices in the FRIA. See FRIA at 128.

Further, the Board is confident that
jurisdictions will find ways to secure
these devices, as they do other types of
equipment, to reduce the risk of theft.

There is no exception for at-grade rail
crossings. While the noise of a passing
train may momentarily compete with an
audible sign, during all other times it
would be as functional as anywhere
else. It is critical that dangerous areas
for pedestrians, such as at-grade rail
crossings, offer maximum accessibility
with respect to safety information, such
as information relating to an alternate
route.

Surface (R303.3)
The surface of an alternate pedestrian
access route must comply with
technical accessibility requirements for
surfaces at R302.6 at least to the extent
that the closed route complied with
those surface requirements. This is
consistent with the proposed rule’s
reference to MUTCD 6D.02, which
requires that temporary pedestrian
facilities have accessibility features
consistent with the closed route.

Continuous Clear Width (R303.4)
The minimum continuous clear with
of alternate pedestrian access routes
must be 48 inches, except where an
alternate pedestrian access route utilizes
an existing pedestrian circulation path,
in which case the width must be at least
the width of the temporarily closed
pedestrian circulation path. MUTCD
6D.02 paragraph 3, which was
referenced in the proposed rule,
requires that temporary facilities
include accessibility features consistent
with the features present in the existing
pedestrian facility.

With respect to the requirements for
clear width of alternate pedestrian
access routes, the Board has sought to
balance the concerns of over 150
individual commenters and several
disability rights and pedestrian
advocacy organizations who support
mandatory alternate pedestrian access
routes usable by persons with
disabilities, with the concerns of six
state and local DOTs that would like the
accessibility requirements for alternate
routes not to exceed the existing
accessibility of the temporarily closed
route.

The Board has provided a general
requirementfor a minimum clear width
of 48 inches, which as described in the
discussion of pedestrian access routes at
R302.2 above, is the minimum width
that the Board has determined to be
accessible for persons with disabilities.

This width is achievable where an
alternate pedestrian access route is
provided within the roadway using
barricades, or where an existing
sidewalk used for the alternate
pedestrian access route is at least 48
inches (as is the case in most central
business districts and many
jurisdictions that have already adopted
48 inches as a minimum sidewalk
width). See FRIA at 76. However, as the
Board is aware that there are existing
sidewalks that will need to be used as
alternate pedestrian access routes that
are not 48 inches, the Board has
provided an exception indicating that
where an existing pedestrian circulation
path is used as the alternate pedestrian
access route, the width of the alternate
route must not be less than the width of
the temporarily closed path.

Curb Ramps or Blended Transitions
(R303.5)
Where an alternate pedestrian access
route crosses a curb, a curb ramp or
blended transition complying with the
requirements must be provided to
ensure that the alternate pedestrian
access route is useable by persons with
mobility disabilities. A curb ramp or
blended transition is required regardless
of whether the temporarily closed
pedestrian circulation path contained
this accessibility feature. Again, the
Board is seeking to balance the concerns
of over 150 individual commenters and
disability rights and pedestrian
advocacy organizations with the
concerns of local and state DOTs about
the burden of building temporary
facilities. An alternate pedestrian access
route that does not provide a curb ramp
or blended transition over a curb would
not be usable for many persons with
mobility disabilities, and they would
not have equal access to the alternate
route.

Detectable Edging of Channelizing
Devices (R303.6)
Where a channelizing device is used
to delineate an alternate pedestrian
access route, continuous detectable
edging complying with technical
requirements must be provided for the
length of the route. An exception is
provided for places where pedestrians
or vehicles turn or cross, which would
necessitate a gap in the channelizing
device and detectable edging. Where
detectable edging is provided, the top of
the topmost part of the detectable
edging cannot be lower than 32 inches
above the ground and must not be sharp
or abrasive. These specifications allow
for persons who are blind or have low
vision to detect the edging by running
their hands along the topmost part of
the edging. The bottommost part of the
edging cannot be more than 2 inches
above the ground to allow for
continuous cane detection. These
specifications for detectable edging
come from MUTCD 6F.63 paragraph 5,
which was incorporated by reference in
the proposed rule.

Pedestrian Signal Heads (R303.7)
Temporary pedestrian signals at
alternate pedestrian access routes are
not required by these guidelines.

However, when a jurisdiction decides to
provide temporary pedestrian signal
heads in the public right-of-way, they
are subject to these guidelines, as
specified at R201.2. The Board has
reiterated this requirement at R303.7 to
ensure that jurisdictions understand
that when a temporary pedestrian signal
head is provided at a crosswalk that is
part of an alternate pedestrian access
route, pedestrian pushbuttons or passive
detection devices complying with the
technical requirements at R307 must be
provided. Similar to the requirements
for temporary signage, equity requires
that visual information provided on
pedestrian signal heads must be
available to persons who are blind or
have low vision in a non-visual format.

R304 Curb Ramps and Blended
Transitions
Curb ramps provide a smooth
transition where a pedestrian access
route crosses a curb. Blended transitions
provide a smooth wraparound
connection at a corner or a flush
connection where there is no curb to cut
through. There are two types of curb
ramps: perpendicular and parallel.

Perpendicular curb ramps have running
slopes that are perpendicular to the curb
or street served. Parallel curb ramps
have running slopes that are parallel to
the curb or street served. Parallel curb

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53631 ramps provide a smooth transition to a
landing at street level where a turn is
made to enter the crosswalk. Blended
transitions connect a pedestrian
circulation path to the crosswalk with a
grade not steeper than 1:20 (5.0%.)
Examples of blended transitions are
depressed corners or a connection from
a sidewalk to a raised crosswalk.

Although curb ramps may have slopes
of 1:20 (5.0%) or less, blended
transitions are not curb ramps with
slopes 1:20 (5.0%) or less.

In the final rule, this section has been
reorganized for clarity. In response to
commenter concerns, the Board has
provided definitions in R104.3 for
‘‘perpendicular curb ramp,’’ ‘‘parallel
curb ramp,’’ and ‘‘blended transitions.’’
In addition, in the final rule, the Board
has substituted the term ‘‘landing’’ for
‘‘turning space,’’ in response to
commenters’ requests for consistency
with ADAAG terminology. The Board
had used the term ‘‘turning space’’ in
the NPRM to avoid confusion with the
‘‘landings’’ associated with ramps
(R407). However, the Board
acknowledges that ‘‘landing’’ is the
commonly used term for these curb
ramp-associated spaces, and in the final
rule now uses the term ‘‘landing.’’ It is
important to note, however, that the
landings associated with ramps (R407.6)
have different technical requirements
than the landings associated with curb
ramps (R304.2.4 and R304.3.4). Curb
ramps are not ‘‘ramps’’ for the purposes
of PROWAG (see definition of ‘‘ramp’’ at
R104.3) and are thus not subject to the
requirements for ramps at R407.

Perpendicular Curb Ramps (R304.2)
Numerous commenters from state and
local government entities and an
engineering association expressed
confusion as to the proposed 1:20
(5.0%) minimum for the running slope
of curb ramps, pointing out that in many
cases a curb ramp need not reach 5%
depending on the grade of the adjacent
pedestrian facilities. The Board
concurred with commenters and in the
final rule has removed the minimum
running slope and stated only a
maximum of 1:12 (8.3%) (R304.2.1). In
addition, the Board has added an
exception to clarify that where the curb
ramp length must exceed 15 feet (4.6 m)
to achieve a 1:12 (8.3%) running slope,
the curb ramp length shall extend at
least 15 feet (4.6 m) and may have a
running slope greater than 1:12 (8.3%).

A curb ramp complying with the
exception to R304.2.1 need not exceed
15 feet in length.

The cross slope of perpendicular curb
ramp runs is specified at 1:48 (2.1%)
maximum (R304.2.2). The Board has
provided an exception stating that for
curb ramps at a crosswalk, the cross
slope may be equal to or less than the
cross slope permitted at the crosswalk.

This exception corrects an error in the
proposed rule indicating that at certain
pedestrian street crossings, the cross
slope could equal the highway grade
(NPRM R304.5.3); this conflicted with
the cross slope provisions for certain
crosswalks.

The requirements for grade breaks
were moved out of the common
requirements section to the
perpendicular and parallel curb ramps
sections for clarity. Grade breaks at the
top and bottom of a curb ramp run must
be perpendicular to the direction of the
curb ramp run (R304.2.3). Grade breaks
are not permitted on the surfaces of curb
ramp runs and landings. Surface slopes
that meet at grade breaks must be flush.

There are no changes to this
requirement from the proposed rule.

For each perpendicular curb ramp, a
clear area 48 inches (1220 mm) wide by
48 inches (1220 mm) long must be
provided beyond the bottom grade break
and within the width of the crosswalk
(R304.2.4). The clear area must be
located outside the vehicle lanes,
including any bike lanes, that run
parallel to the crosswalk. The running
slope of the clear area cannot exceed
1:20 (5.0%) maximum, and the cross
slope is as specified by R302.5. The
purpose of the clear area is to allow
pedestrians an area outside of the
vehicle lanes to orient themselves to the
crossing.

In the proposed rule, this provision
was entitled, ‘‘Clear Space’’ and
appeared in the common requirements
for curb ramps and blended transitions
(NPRM R304.5.5). In the final rule it has
been renamed ‘‘Clear Area’’ to avoid
confusion with the clear spaces
described at R404 and has been moved
to the section specific to perpendicular
curb ramps for clarity. Also in the final
rule, the Board has specified slope and
cross slope of clear areas in response to
commenters’ request for clarity on these
requirements. In addition, the Board has
clarified that vehicle lanes include any
bike lanes.

Numerous state and local government
entity commenters expressed confusion
regarding the required location of the
clear space, and in particular the
requirement that the clear space be
located wholly outside the parallel
vehicle travel lane. Some commenters
erroneously thought that an additional
48 inches of shoulder would be required
to comply with this requirement. The
confusion reflects a misunderstanding
of how compliance is assessed. Each
curb ramp is assessed separately, so
although the clear space may be in a
vehicle travel lane that is perpendicular
to the pedestrian direction of travel,
vehicle travel of that lane would be
stopped when pedestrians enter the
clear area to orient themselves to the
crossing. The appropriate inquiry to
assess compliance is whether the clear
area is wholly outside the parallel
vehicle travel lane when looking at the
individual curb ramp.

When a change in direction is
necessary to access the top of a
perpendicular curb ramp from a
pedestrian access route, a landing 48
inches (1220 mm) wide minimum by 48
inches (1220 mm) long minimum must
be provided at the top of the curb ramp
(R304.2.5). At shared use paths, the
landing must be as wide as the shared
use path. In response to numerous
comments, the final rule eliminates a
proposed requirement for a larger
landing where the turning space is
constrained. The cross slope
requirements for landings, which
appeared in the proposed rule at NPRM
304.5.3, have been consolidated into the
perpendicular curb ramp section. Slope
requirements have been added for
clarity.

Perpendicular curb ramps must have
flared sides with a 1:10 (10.0%)
maximum slope where a pedestrian
circulation path crosses the side of a
curb ramp (R304.2.6). The slope of the
flared sides is measured parallel to the
curb line. In the NPRM, the Board
sought comment on whether a steeper
side flare slope should be specified
(NPRM Question 18). While a few state
and local government entities and other
commenters expressed support for
increasing the slope of flared sides,
others, mostly disability rights advocacy
organizations and individuals sought to
retain the 1:10 (10%) maximum citing
hazards to pedestrians. The Board
carefully considered the comments and
was persuaded that increasing the slope
of flares beyond 1:10 (10.0%) would
present accessibility issues. Thus, the
Board has retained the 1:10 (10.0%)
maximum side flare slope.

The Board has added a new provision
at R304.2.7 which clarifies that a
transitional segment may be used in the
connection of a perpendicular curb
ramp or its landing to a pedestrian
access route. A transitional segment is
defined in R104.3 as ‘‘[t]he portion of a
pedestrian circulation path that
connects adjacent surfaces with
different slopes or dimensions to
provide a smooth transition.’’ The
purpose of allowing a transitional
segment is to address circumstances
such as the warping in the pedestrian
circulation path that will need to occur,

53632 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations even in new construction, to connect a
curb ramp or landing with a cross slope
that exceeds 1:48 (2.1%) to a pedestrian
access route with a cross slope of 1:48
(2.1%) maximum.

Parallel Curb Ramps (R304.3)
Numerous commenters from state and
local government entities and a public
works association expressed confusion
as to the proposed 1:20 (5.0%)
minimum for the running slope of curb
ramps, pointing out that in many cases
a curb ramp need not reach 5%
depending on the grade of the adjacent
pedestrian facilities. The Board
concurred with commenters and in the
final rule has removed the minimum
running slope and stated only a
maximum of 1:12 (8.3%) (R304.3.1). In
addition, the Board has added an
exception to clarify that where the curb
ramp length must exceed 15 feet (4.6 m)
to achieve a 1:12 (8.3%) running slope,
the curb ramp run length shall extend
at least 15 feet (4.6 m) and may have a
running slope greater than 1:12 (8.3%).

Curb ramps complying with the
exception to R304.3.1 need not exceed
15 feet.

The cross slope of parallel curb ramp
runs is 1:48 (2.1%) maximum
(R304.3.2). This provision was moved
from the common requirements for curb
ramps and blended transitions in the
proposed rule (NPRM R304.5.3).

The requirements for grade breaks
were moved out of the common
requirements section to the
perpendicular and parallel curb ramps
sections for clarity. Grade breaks at the
top and bottom of a curb ramp run must
be perpendicular to the direction of the
curb ramp run (R304.3.3). Grade breaks
are not permitted on the surfaces of curb
ramp runs and landings. Surface slopes
that meet at grade breaks must be flush.

There are no changes to this
requirement from the proposed rule.

Landings that are 48 inches (1220
mm) wide minimum by 48 inches (1220
mm) long minimum must be provided at
the bottom of parallel curb ramps
(R304.3.4). As discussed above, in the
proposed rule these landings were
referred to as ‘‘turning spaces’’ (NPRM
R304.3.1). In response to numerous
comments, the final rule eliminates a
proposed requirement for a larger
landing where the turning space was
constrained. The cross slope
requirements for parallel curb ramp
landings, which appeared in the
proposed rule at NPRM 304.5.3, have
been moved into the parallel curb ramp
section. Slope requirements have been
added for clarity.

Blended Transitions (R304.4)
A blended transition is a wraparound
connection at a corner, or a flush
connection where there is no curb to cut
through, other than a curb ramp
(R104.3). A blended transition is
permitted in lieu of a curb ramp where
a pedestrian access route crosses a curb,
and where there is a flush connection
between the sidewalk or shared use path
and a crosswalk, such as at a raised
crossing. When designed properly, one
blended transition can serve all of the
crosswalks at an intersection corner.

The running slope of blended
transitions is 1:20 (5.0%) maximum
(R304.4.1).

The cross slope of a blended
transition must be equal to or less than
the cross slope of the crosswalk it serves
(R304.4.2). The final rule corrects an
error in the proposed rule indicating
that at certain pedestrian street
crossings, the cross slope of a blended
transition may equal the highway grade
(NPRM R304.5.3); this conflicted with
the cross slope provisions for certain
crosswalks. As explained above, the
cross slope provision was moved from
the common requirements for curb
ramps and blended transitions in the
proposed rule (NPRM R304.5.3) to
provide greater clarity.

In the final rule, the Board has added
a provision requiring a bypass where a
blended transition serving more than
one pedestrian circulation path has a
running slope greater than 1:48 (2.1%).

This is provided so that a pedestrian
with a disability may bypass the slope
of blended transition that the individual
does not need to use. Without a bypass
an individual with a disability may be
forced to unnecessarily traverse a corner
at a 1:20 (5.0%) cross slope. A bypass
for blended transitions was not included
in the proposed rule; individuals
contacting the Board for technical
assistance in implementing the
proposed guidelines brought this issue
to the attention of the Board.

Common Requirements (R304.5)
R304.5 specifies technical
requirements applicable to both curb
ramps and blended transitions.

Clear Width (R304.5.1)
The minimum clear width of curb
ramps and blended transitions not on
shared use paths is 48 inches (1220 mm)
(R304.5.1.1). The minimum clear width
of curb ramps and blended transitions
on shared use paths is the width of the
shared use path (R304.5.1.2).

In response to the SNPRM, the Board
received comments from a few local
government entities indicating concerns
about the requirement that a curb ramp
or blended transition on a shared use
path be the same width as the shared
use path. One local government
commenter expressed concern that
motorists would mistake a full-width
curb ramp for a driveway. Another
indicated that a full width curb ramp
might be hard to achieve in an
alteration. Another indicated that
drainage, bridges, or utility poles might
preclude full compliance.

The Board notes that jurisdictions
have options to discourage motorists
from erroneously entering a shared use
path at a curb ramp, including signage
or properly installed bollards (see
R302.2.2). The Board further notes that
alterations subject to existing physical
constraints that make compliance with
applicable requirements technically
infeasible must comply with the
applicable requirements to the
maximum extent feasible (R202.3); in
new construction of undeveloped land,
the placement of drainage, bridges, or
utility poles should not be an issue. In
the SNPRM, the Board indicated that
the requirement that a curb ramp or
blended transition on a shared use path
be the same width as the shared use
path was similar to section 5.3.5 of the
AASHTO Guide for the Development of
Bicycle Facilities (2012). That provision
states that the opening of a shared use
path at a roadway should be the same
width as the shared use path itself.

While the Board considers the AASHTO
approach to be best practice and
anticipates that most jurisdictions will
maintain the same width of a shared use
path approaching a crosswalk,
especially in new construction on
undeveloped land, the language of
R304.5.3 does not preclude a
jurisdiction from tapering the width of
a shared use path as it approaches a
crosswalk. The clear width of the curb
ramp must be the width of the shared
use path at the place that the curb ramp
meets the shared use path.

Change of Grade (R304.5.2)
A change of grade is an abrupt
difference in the grades of two adjacent
surfaces. Change of grade is determined
by adding the two opposing slopes
together. Where a change of grade that
exceeds 13.3% occurs between a curb
ramp or blended transition and the
street or gutter, the final rule requires a
transition space, with a running slope of
1:48 (2.1%) maximum and a cross slope
no greater than the cross slope of the
crosswalk as specified by R302.5,
between the two surfaces that is a
minimum of 24 inches in depth in the
direction of pedestrian travel and the
full width of the curb ramp. This

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53633 requirement is intended to prevent a
wheelchair from tipping over while
traversing an abrupt change of grade.

An accessible design firm commented
that the change of grade should be
limited to 11%. The Board
acknowledges that its Public Rights-ofWay Access Advisory Committee recommended an 11% limit on change
of grade in its 2001 report. See Public
Rights-of-Way Advisory Committee,
supra, at 18. However, the proposed
change of grade has been 13% for many
years, as described below, and the
Access Board is not aware of safety
issues resulting from this practice.

The proposed rule addressed change
of grade as ‘‘Counter Slope’’ (NPRM
R304.5.4) and specified a 5% maximum
counter slope. Commenters requested
additional clarity with respect to this
provision. This provision has been
reworded for clarity, and also to add an
option for a change of grade that
exceeds 13.3% if a transitional space is
provided. However, the substantive
requirements have not changed; the

13.3% maximum is a function of the
1:12 (8.3%) upper limit on curb ramp
running slope (R304.2.1) and the 1:20
(5.0%) limit on grade of the pedestrian
access route (R302.4), which was the
permitted counter slope in the proposed
rule.

Crosswalks (R304.5.3)
To ensure equitable safety to
pedestrians with disabilities, in the final
rule the Board has added a separate
provision clarifying that curb ramps and
blended transitions must lead directly
into crosswalks. Specifically,
perpendicular curb ramp runs and
parallel curb ramp landings must be
contained wholly within the width of
the crosswalk they serve. In addition,
the full width of blended transitions at
shared use paths and 48 inches (1220
mm) of blended transitions at all other
pedestrian circulation paths must be
contained wholly within the width of
the crosswalks they serve. In the
proposed rule, the Board specified that
the clear area required at the bottom of
curb ramps be contained wholly within
the width of the crosswalk served
(NPRM R304.5.5). In light of the
confusion exhibited by commenters
with respect to the proposed clear area
provision, the Board has made explicit
the requirement that curb ramps and
blended transitions lead directly into
crosswalks.

Surfaces (R304.5.4)
In the final rule, the Board has added
a provision clarifying that surfaces of
curb ramps and blended transitions
must comply with the technical
requirements for surfaces of pedestrian
access routes at R302.6; however,
changes in level as described at
R302.6.2 are not permitted.

R305 Detectable Warning Surfaces
Detectable warning surfaces are cane
detectable surfaces consisting of
truncated domes aligned in a square or
radial grid pattern. As indicated in
R205, detectable warning surfaces are
required at specified locations to warn
pedestrians who are blind or have low
vision that they are entering or exiting
a vehicular way, or that there is a drop
from a boarding platform into a track
street.

Two individual commenters and a
manufacturer of detectable warning
surfaces requested that the Board add
wayfinding elements to the technical
requirements for detectable warning
surfaces. The Board is aware that there
are detectable wayfinding surfaces that
exist that provide tactile directional
guidance. However, these serve a
different purpose than the detectable
warning surfaces required by ADAAG
and PROWAG, which serve to warn
pedestrians of the presence of a
vehicular way.

As described in the final regulatory
impact analysis, detectable warning
surfaces as described in the proposed
rule have been widely implemented
throughout the United States over the
past decade. FRIA at 13. Widespread
consistent implementation of detectable
warning surfaces coupled with the final
rule’s clarified requirement at R304.5.4
that curb ramps and blended transitions
lead directly into crosswalks will
provide additional wayfinding for
pedestrians who are blind or have low
vision. The Board will continue to
monitor developments in outdoor
wayfinding for possible future updates
to PROWAG.

Dome Size and Spacing (R305.1.1 and
R305.1.2)
The truncated domes on detectable
warning surfaces have a base diameter
of 0.9 inches (23 mm) minimum and 1.4
inches (36 mm) maximum, a top
diameter of 50 percent of the base
diameter minimum and 65 percent of
the base diameter maximum, and a
height of 0.2 inches (5.1 mm) (R305.1.1).

In the final rule, in consideration of
technical assistance inquiries received
by the Access Board since publication of
the proposed rule, the Board has added
a sentence clarifying that when
detectable warning surface tiles are cut
to fit, partial domes are permitted along
the cut edges.

With respect to spacing, truncated
domes have a center-to-center spacing of

1.6 inches (41 mm) minimum and 2.4
inches (61 mm) maximum, and a baseto-base spacing of 0.65 inches (17 mm) minimum, measured between the most
adjacent domes (R305.1.2). In the final
rule, the Board has added an exception
to clarify that when detectable warning
surfaces are cut to fit, center-to-center
spacing measured between domes
adjacent to cut edges may exceed the
spacing requirement up to twice the
normal spacing between domes
(R305.1.2 Exception 1). In addition, the
Board has added an exception to clarify
that dome spacing requirements do not
apply at a gap in a detectable warning
surface at an expansion joint, provided
that the detectable warning surface
aligns with both edges of the expansion
joint (R305.1.2 Exception 2). This
exception is particularly relevant to the
installation of detectable warning
surfaces on boarding platforms in the
public right-of-way.

An advocacy organization for people
who are blind commented that the
Board should restate the dome size with
exact specifications to ensure
uniformity and to avoid the potential
domes that are too large and close
together to be detected. The Board
maintains a narrow range in the
permitted dome size to account for the
various materials used for detectable
warning surfaces. Again, over the past
decade the proposed guidelines for
detectable warning surfaces have been
implemented by numerous jurisdictions
throughout the United States; the Board
is not aware of a detectability issue for
detectable warning surfaces made
within the required specifications.

A few other concerns were raised by
commenters regarding the truncated
dome design of detectable warning
surfaces: one individual indicated that
the truncated domes are too rough on
wheelchair users; another individual
asserted that the truncated dome design
is difficult to keep free of snow and ice;
and a regional association of engineers
was concerned that the spacing would
present a hazard to rollerbladers and
skateboarders. The Board is aware that
people who use wheelchairs typically
prefer smooth surfaces for rollability;
however, the Board must balance the
accessibility needs of individuals with
various types of disabilities. With
respect to the concern regarding
maintenance of detectable warning
surfaces, the Board notes that over the
past decade numerous jurisdictions that
experience winter weather have been
able to implement and appropriately
maintain detectable warning surfaces.

Further, the Board is not aware of
widespread hazards to rollerbladers and

53634 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations skateboarders posed by detectable
warning surfaces.

Contrast (R305.1.3)
Detectable warning surfaces must
contrast visually with adjacent walking
surfaces, either light-on-dark or dark-onlight. Four commenters requested a more specific measure of contrast, such
as 70%. Ten individual commenters,
three disability rights advocacy
organizations, and a pedestrian
advocacy organization requested that
the Board require that detectable
warning surfaces be ‘‘federal yellow.’’
The Board has carefully considered
these comments and declines to require
a specific color or contrast percentage.

The Board appreciates the desire for
measurable standards; however, the
percentage of contrast between surfaces
is difficult to measure in outdoor
environments that will have varying
lighting conditions throughout the day.

Further, as PROWAG does not specify a
color or building material for any
pedestrian surfaces, it would be difficult
to specify a single color that would
provide appropriate contrast in all
circumstances. For example, federal
yellow may provide less contrast with a
concrete sidewalk than a maroon or
black detectable warning surface. The
Board has concluded that contrast is
appropriately assessed on a case-by-case
basis in consideration of the building
materials used.

Size of Detectable Warning Surface
(R305.1.4)
Detectable warning surfaces must
extend 24 inches (610 mm) minimum in
the direction of pedestrian travel. The
width is specified depending on the
type of pedestrian facility where the
detectable warning surface is installed.

This provision has been restructured for
clarity. In the final rule, the Board has
clarified that at cut-through pedestrian
islands, the width of the detectable
warning surface is the full width of the
pedestrian circulation path; detectable
warning surfaces at pedestrian refuge
islands with curb ramps were already
covered under the specification for the
width of detectable warning surfaces at
curb ramps and blended transitions,
which is the full width of the curb ramp
run (excluding any flared sides),
blended transition, or landing.

In response to the proposed rule, the
Board received comments from one
individual and several local government
entities in California requesting that the
Board require a minimum of 36 inches
in the direction of pedestrian travel or
clarification as to whether 36 inches is
permitted under PROWAG. The Board
is aware that state requirements in
California specify a 36-inch depth of
detectable warning surfaces at curb
ramps. See Cal. Code Regs. tit. 24,
§ 11B–705.1.2.2 (2022). Under
PROWAG, detectable warning surfaces
must extend a minimum of 24 inches in
the direction of pedestrian travel. No
maximum is stated; thus 36 inches is
permitted. The Board notes that the
requirement for a minimum of 24 inches
(610 mm) of detectable warning surface
in the direction of travel is supported by
research. See Public Rights-of-Way
Access Advisory Committee, supra, at
107 (describing the Committee’s
recommendation for a 24-inch (610 mm)
detectable warning surface). To
minimize the potential discomfort to
some wheelchair users who traverse
these surfaces, the Board seeks to
require only the minimum length
needed to provide adequate detectable
warning.

Location (R305.2)
Section R305.2, called ‘‘Placement’’ in
the NPRM, indicates specifically where
a detectable warning surface is to be
located at each of the places listed in
R205 where detectable warning surfaces
are required. In the final rule, the Board
has revised the title of Section R305.2 to
‘‘Location’’ and the language of this
section to address scenarios where there
is no curb. The Board uses the phrase
‘‘edge of pavement’’ to refer to the place
where the curb ramp or blended
transition meets the street.

In addition, the Board has added a
sentence stating that if a concrete border
is required for proper installation of a
detectable warning surface, a concrete
border not exceeding 2 inches is
permitted on all sides of the detectable
warning surface except where the
requirements at R305.2.1, R305.2.3, and
R305.2.4 specifically allow a setback of
six inches between the detectable
warning surface and the edge of
pavement. In the proposed rule, the
Board provided an advisory indicating
that where a concrete border is required
for proper installation of a detectable
warning surface, the border should not
exceed 2 inches (NPRM Advisory
R305.2). A local government in Texas
and an association of accessibility
professionals in Texas requested that
the Board allow a 4-inch border. A
design firm indicated that the Board
should allow 6 inches on either side of
the detectable warning surface, and a
local government requested a 2-inch
tolerance for the full width of a curb
ramp. The Board is not aware of
detectable warning surfaces requiring a
border larger than 2 inches for proper
installation. The option for up to a 6-
inch (150 mm) setback between the
detectable warning surface and the edge
of pavement is provided to minimize
the potential for damage to detectable
warning surfaces during snow removal
operations.

In the final rule, the substantive
requirements for the location of
detectable warning surfaces (except for
the setback allowances described above)
at perpendicular curb ramps (R305.2.1),
parallel curb ramps (R305.2.2), blended
transitions (R305.2.3), pedestrian refuge
islands (R305.2.4), and sidewalk and
street-level rail boarding and alighting
areas (R305.2.7) are unchanged,
although the Board has clarified some of
the language. Specifically, the Board
removed the requirement in the NPRM
R305.2.1(2) that detectable warning
surfaces are to be placed within one
dome spacing of the bottom grade break.

The final rule requires that the
detectable warning surface be placed on
the ramp run at the bottom grade break.

With respect to pedestrian at-grade
rail crossings (R305.2.5), the Board has
added a sentence clarifying that
pedestrian gates must not overlap
detectable warning surfaces. With
respect to boarding platforms (R305.2.6),
the Board has added an exception
clarifying that where a curb is present,
such as is the case with some bus rapid
transit platforms, the detectable warning
surface may be placed at the back of
curb.

As described above in the discussion
of R205, the final rule specifies that
detectable warning surfaces be provided
at driveways controlled with yield or
stop control devices or traffic signals.

Thus, the Board has added a
corresponding technical provision at
R305.2.8 stating that detectable warning
surfaces at driveways controlled with
yield or stop control devices or traffic
signals are to be provided on the
pedestrian circulation path where the
pedestrian circulation path meets the
driveway.

In response to the NPRM, the Board
received various comments on the
location of detectable warning surfaces
at curb ramps. With respect to
perpendicular curb ramps, two local
government commenters requested
clarification as to the placement of
detectable warning surfaces at
commercial driveways. For driveways
where detectable warning surfaces are
required, jurisdictions must follow any
of the options for perpendicular curb
ramps as appropriate. A level transition
between the pedestrian access route and
the driveway is treated as a blended
transition.

In response to comments regarding
the placement of detectable warning
surfaces on perpendicular curb ramps at

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53635 a corner, in R305.2.1.(B) the Board
changed ‘‘either end’’ to ‘‘both ends’’ for
clarity. The Board received a comment
asserting that the permitted 60-inch
(1525 mm) setback was too great, while
another requested an 8-foot setback
instead. The Board notes that a setback
of 5 feet is appropriate because it is still
close enough to the curb to provide
accurate notice of an imminent
vehicular way and allow use of audible
cues for crossing.

With respect to the location of
detectable warning surfaces at parallel
curb ramps, two commenters raised
concerns regarding the clarity of the use
of the terms ‘‘flush transition’’ and
‘‘turning space’’ in this context. In the
final rule, these terms have been
replaced (see R305.2.2). Two state DOTs
expressed concerns regarding the clarity
of the provision describing the location
of the detectable warning surfaces at
blended transitions. The Board has
revised this language for clarity (see
R305.2.3).

The Board also received comments
regarding the location for the detectable
warning surface at pedestrian at-grade
rail crossings. Two state DOTs and a
state public utilities commission
expressed concern that 72 inches from
the centerline of the nearest rail is too
close to the rail to place the detectable
warning. The Board notes that this
provision provides a range that allows
the detectable warning surface to be
placed between 72 inches (1830 mm)
and 15 feet (4.6 m) from the centerline
of the nearest rail. This range applies to
light rail and freight train crossings.

Seventy-two inches (1830 mm) is
appropriate for some light rail crossings;
the Board concurs that freight crossings
would likely be placed farther back from
the rail. The Board is confident that
jurisdictions will apply appropriate
safety considerations for particular
crossings when determining where to
place the detectable warning surface
within the required range.

Two advocacy organizations for
persons with disabilities expressed
clarifies that boarding platforms are
platforms ‘‘raised above standard curb
height.’’
R306 Crosswalks
The technical requirements for
crosswalks address the required
pedestrian signal phase timing and
accessible walk indication, as well as
specifications for crosswalks at
roundabouts and channelized turn
lanes.

Pedestrian Signal Phase Timing (R306.2)
Where pedestrian signal indications
are provided at a crosswalk, the
pedestrian signal phase timing is based
on a pedestrian clearance time that is
calculated using a pedestrian walking
speed of 3.5 ft/s (1.1 m/s) or less from
the location of the pedestrian push
button to a pedestrian refuge island or
the far side of the traveled way. This is
the same walking speed proposed in the
NPRM.

Four state DOTs and ten local
government entities objected to this
provision in the NPRM, pointing out
that in the MUTCD this walk speed
appears as guidance (MUTCD 4E.06
paragraph 7) and is thus not required.

These jurisdictions would like to use
engineering judgment to determine the
clearance time, expressing potential
issues that might result from longer
clearance times, such as an increase in
air pollution from vehicular delays,
jaywalking, and red light running. Six
disability rights advocacy organizations
requested that pedestrian clearance
times be calculated using a slower
walking speed of 3.0 ft/s to 3.25 ft/s.

The Board has carefully considered
the comments received on this issue. In
the final rule, the Board has maintained
the requirement that pedestrian
clearance time be calculated using a
walking speed of 3.5 ft/s (1.1 m/s) or
less, and further requires that the walk
interval be 7 seconds minimum.

In addition, the final rule states that
where the pedestrian clearance time is
calculated to a pedestrian refuge island,
to revise the MUTCD recommended
walking speed for calculating pedestrian
clearance times.14 The Board
acknowledges that disability rights
advocacy organizations cited an AAA
Foundation study that found that
pedestrians with mobility impairments
who do not use wheelchairs had an
average walking speed of 3.30 ft/s (1.01
m/s), but also found that a walking
speed of 3.5 ft/s would generally
accommodate a 15th percentile older
adult.15 However, a more recent study
found a 3.41 ft/s (1.04 m/s) walking
speed for pedestrians with physical
disabilities at unsignalized
crosswalks.16 The Board concludes that
the combination of a 7-second minimum
walk interval and a pedestrian clearance
time based on a 3.5 ft/s (1.1 m/s)
walking speed will provide sufficient
crossing time for most persons with
disabilities. This requirement should
not cause significant vehicular delays.17
Further, in the final rule, the Board
incorporated another option from
MUTCD section 4E.06 paragraph 8 in an
exception allowing a faster walking
speed to be used if a passive detection
device is provided that automatically
adjusts the pedestrian clearance time
based on the pedestrian’s actual
clearance of the crosswalk (R306.2
Exception). These devices tailor the
clearance to the actual presence of the
pedestrian in the crosswalk.

One state DOT and one local
government commenter, as well as the
National Committee on Uniform Traffic
Control Devices, requested that the
Access Board add a provision allowing
a 4 ft/s walking speed where an
extended pushbutton press allows
additional time. This is an option under
MUTCD section 4E.06 paragraph 8. The
Board declines to allow jurisdictions to
raise the walking speed to 4 ft/s where
an extended pushbutton press is
provided as pedestrians may not be
aware that they need additional time
until they are already in the crosswalk.

However, as noted above, the Board has
provided additional flexibility for
concern about how close the detectable an additional pedestrian push button or warning surface would be placed to
pedestrian gates at pedestrian at-grade
rail crossings. In response, the Board
added language clarifying that
pedestrian gates must not overlap
detectable warnings (R305.2.5).

The Board received three comments
requesting that it clarify the meaning of
‘‘boarding platform,’’ as used in
R305.2.6 so that it is clear that the Board
does not intend for detectable warning
surfaces to be placed at standard
sidewalk-level bus stops. In the final
rule, the Board added a definition of
‘‘boarding platform’’ at R104.3, which
passive detection device must be
provided on the pedestrian refuge
island. This was a proposed
requirement that comes directly from
MUTCD section 4E.08 paragraph 13,
which was incorporated by reference in
the NPRM (NPRM R209.1).

In using a walking speed of 3.5 ft/s
(1.1 m/s), the Board seeks to balance the
traffic management concerns of state
and local jurisdictions while ensuring
that pedestrians with disabilities are
afforded sufficient time to traverse a
crosswalk. The Board notes that in 2009,
FHWA made a research-based decision
14 National Standards for Traffic Control Devices;
the Manual on Uniform Traffic Control Devices for
Streets and Highways; Revision 74 FR 66730, 66822
(Dec. 16, 2009) (codified at 23 CFR part 655).
15AAA Foundation for Traffic Safety, Pedestrian
Signal Safety for Older Adults, 18 (2007) available
at https://aaafoundation.org/wp-content/uploads/
2018/02/PedestrianSignalSafety
OlderPersonsReport.pdf.
16 Albert Forde & Janice Daniel, Pedestrian
Walking Speed at Un-signalized Midblock
Crosswalk and Its Impact on Urban Street Segment
Performance, 8 J.of Traffic and Transportation Eng.,
57 (2021) available at https://
www.sciencedirect.com/science/article/pii/
S209575641830415X.
17 See AAA Foundation for Traffic Safety,
Pedestrian Signal Safety for Older Adults at 19.

53636 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations jurisdictions if a passive detection
device is used that auto-adjusts to the
pedestrian’s actual clearance of the
crosswalk. See R306.2 Exception.

As noted above, in the final rule text,
the Board has specified a requirement
that the walk interval be 7 seconds
minimum for all signalized crosswalks,
which is the length recommended by
the MUTCD. Manual on Uniform Traffic
Control Devices for Streets and
Highways (MUTCD) 2009 Edition, 4E.06
paragraph 11. The MUTCD provides
guidance indicating that walk intervals
as short as 4 seconds may be used where
pedestrian volumes and characteristics
do not require a 7-second walk interval;
however, walk intervals of less than 7
seconds do not provide a sufficient
amount of time for many people with
disabilities to leave the curb as they
need to wait for a curb ramp to be clear
and then navigate down the ramp.

Accessible Walk Indication (R306.3)
An accessible walk indication
complying with the technical
requirements at R308.2 must have the
same duration as the walk interval.

However, where the pedestrian signal
rests in ‘‘walk,’’ the accessible walk
indication may be limited to the first 7
seconds of the walk interval. If the
pedestrian signal is resting in walk and
there is sufficient time remaining to
provide an accessible walk interval
before the beginning of the pedestrian
change interval, the accessible walk
indication may be recalled by a button
press (R306.3 Exception). This
requirement is based on MUTCD section
4E.11, which was among the sections of
the MUTCD incorporated by reference
in the proposed rule. In consultation
with USDOT, the Board has slightly
revised the second sentence of the
exception from the MUTCD language to
clarify that the accessible walk interval
may be recalled only when there is
sufficient time remaining for a full walk
interval before the pedestrian change
interval begins. This change ensures
that an accessible walk indication is
provided only when there is enough
crossing time remaining to disembark
the sidewalk and fully cross the street.

Roundabouts (R306.4)
Section R306.4 specifies the edge
detection and crosswalk treatments
required at roundabouts. A roundabout
is a circular intersection with yield
control at entry, which permits a vehicle
on the circulatory roadway to proceed,
and with deflection of the approaching
vehicle counter-clockwise around a
central island (R104.3).

Several commenters requested an
explanation as to why edge detection
treatments are needed at roundabouts
but not elsewhere. Edge detection
treatments are required at roundabouts
to assist pedestrians who are blind or
have low vision to locate the crosswalk
(R306.4.1). At roundabouts, the
orientation of the crosswalks to the
circular roadway eliminates traditional
tactile cues at crosswalks inherent to
standard rectilinear intersections. In
addition, the continuous circular traffic
flow at these unsignalized crosswalks
obscures the audible cues that
pedestrians who are blind would
otherwise use to detect a crossing and
gaps in the traffic. Thus, edge detection
treatments are needed to ensure that
pedestrians who are blind or have low
vision have the same opportunity to use
a crosswalk at a roundabout as
individuals with vision.

There are two options to ensure that
crosswalks at roundabouts are
detectable. The pedestrian circulation
path can be separated from the curb,
crosswalk to crosswalk, with
landscaping or another nonprepared
surface 24 inches (610 mm) wide
minimum (R306.4.1.1). Alternatively,
where sidewalks are flush against the
curb, a continuous and detectable
vertical edge treatment must be
provided along the street side of the
sidewalk wherever pedestrian crossing
is not intended (R306.4.1.2). The bottom
of the vertical edge treatment can be no
higher than 15 inches (380 mm)
maximum above the walking surface of
the pedestrian circulation path.

In the proposed rule, the Board
addressed continuous and detectable
edge treatment at curb-attached
sidewalks (NPRM R306.3.1). In the final
rule, the Board has clarified that the
other option is separation between the
curb and the pedestrian circulation path
by landscaping or nonprepared surface
(R306.4.1.1).

The Board’s reference in the proposed
rule (NPRM R306.3.1) to chains,
fencing, and railings created confusion
for commenters and others who have
sought technical assistance from the
Board regarding vertical edge detection.

The Board indicated a maximum height
for the bottom edge of these treatments
but did not intend to convey that these
are the only options for vertical edge
detection that jurisdictions may use.

Consequently, in the final rule, the
Board has removed the reference to
chains, fencing and railings. The Board
will provide examples of vertical edge
detection options in its technical
assistance materials.

Two state DOTs and one engineer
commented that a standard or raised
curb should be a sufficient indication
that crossing is not intended. A standard
or raised curb does not provide
sufficient indication that a crossing is
not intended. Four state DOTs
expressed concern that vertical edge
treatments would negatively impact
snow removal operations. The Board
notes that jurisdictions that have these
concerns may opt for separation instead
of a vertical edge treatment. One state
DOT requested that cobblestone
treatment be permitted for separation.

Cobblestone surfaces are prepared
surfaces that are used in existing
facilities for pedestrian circulation.

Thus, they are not useful for wayfinding
because they are easily mistaken for a
walking surface. See e.g., Transportation
Research Board, NCHRP 3–78b:

Guidelines for the Application of
Crossing Solutions at Roundabouts and
Channelized Turn Lanes for Pedestrians
with Vision Disabilities at 3–2 (showing
a blind pedestrian mistaking a
cobblestone separation for a walking
surface at a roundabout).

The Board observes that while several
state DOTs and local government
commenters expressed concern
regarding the implementation or need
for detectable edge treatment at
roundabouts, over 150 individuals, five
disability rights organizations, and one
local government official commented in
support of a requirement for edge
detection at roundabouts. The Board is
confident that persons with disabilities
need edge detection for equitable use
and safety of pedestrian facilities at
roundabouts.

Crosswalks at multi-lane segments of
roundabouts and multi-lane
channelized turn lanes require one or
more of the following treatments: a
traffic control signal with a pedestrian
signal head; a pedestrian hybrid beacon;
a pedestrian actuated rectangular rapid
flashing beacon; or a raised crossing
(R306.4.2 and R306.5). The requirement
for crosswalk treatments at multi-lane
roundabouts is discussed in the Major
Issues section above. For the same
accessibility reasons that these
treatments are needed at roundabout
crossings, they are also needed at multilane channelized turn crossings.

Accordingly, the Board has included
that requirement at R306.5.

R307 Pedestrian Pushbuttons and
Passive Pedestrian Detection
An accessible pedestrian signal is a
device that communicates information
about pedestrian signal timing in nonvisual formats such as audible tones or speech messages, and vibrating surfaces.

In the proposed rule, technical
requirements for accessible pedestrian
signals were incorporated by reference
from the MUTCD. Specifically, the

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53637 proposed rule indicated that accessible
pedestrian signals and pushbuttons
would comply with MUTCD sections
4E.08 through 4E.13. A rehabilitation
design firm and a state DOT requested
that the Board clarify whether the
MUTCD provisions were required or
recommended, and three disability
rights advocacy organizations expressed
concern that engineering judgement
would be permitted in a jurisdiction’s
implementation of the incorporated
MUTCD provisions. In addition, one
engineering association requested that
the requirements be consistent with the
MUTCD.

The Board concurs that additional
clarification as to the technical
requirements for accessible pedestrian
signals is appropriate and has thus
added technical sections for pedestrian
pushbuttons and passive pedestrian
detection (R307) and accessible
pedestrian signal walk indications
(R308) directly to the rule text, based on
the technical requirements of the
MUTCD sections referenced in the
proposed rule. The MUTCD sections are
not incorporated by reference. The
requirements are generally consistent
with the MUTCD, as described in the
provision-specific discussions below;
however, the language used in the final
rule text clarifies that these
requirements are mandatory.

In general, accessible pedestrian
signals have three features: (1) a method
of activation, which is either a
pushbutton that activates accessible
features when pressed or a passive
pedestrian detection device that uses
technology to detect the presence of
pedestrians and then automatically
activates accessible features; (2) a device
that provides audible indications of
visual pedestrian signals for people who
are blind or have low vision; and (3) a
pushbutton with a tactile arrow that
provides vibrotactile cues to individuals
who are deaf and also blind or have low
vision. These three features may be
integrated into one device or presented
in multiple devices that work together
as a system. Operable parts must
comply with technical requirements for
operable parts at R403 (R307.1).

Activation (R307.2)
Pedestrian push buttons and passive
detection devices activate the accessible
pedestrian signals and, where
applicable, the walk interval. This
provision was incorporated by reference
in the proposed rule from MUTCD
section 4E.09 paragraph 13, but referred
only to pedestrian push buttons. In the
final rule, the Board revised the
language to clarify that push buttons or
passive detection will activate the
accessible pedestrian signals and walk
interval, where applicable. In addition,
the language of the proposed MUTCD
provision suggested that pushbuttons
were optional, which was inconsistent
with the language of NPRM R209.1
indicating that pushbuttons are
required. The revised language in the
final rule removes this inconsistency,
clarifying that pedestrian push buttons
are required.

Extended Push Button Press (R307.3)
Where an extended push button press
is used to provide additional features, a
push button press of less than one
second actuates only the pedestrian
timing and any associated accessible
walk indication, and a push button
press of one second or more actuates the
pedestrian timing, any associated
accessible walk indication, and any
additional features. If additional
crossing time is provided by means of
an extended pushbutton press, a sign so
indicating shall be mounted adjacent to
or integral with the pedestrian push
button. This provision is taken from
MUTCD section 4E.13 paragraph 2.

Location (R307.4)
Pedestrian push buttons must be
located no greater than 5 feet from the
side of a curb ramp run or the edge of
the farthest associated crosswalk line
from the center of the intersection
(R307.4). Pedestrian push buttons must
be located between 1.5 and 10 feet from
the edge of the curb or pavement. The
purpose of this provision is to ensure
that push buttons are placed in close
proximity to the crosswalk they serve as
individuals who need the tactile
features will need to stand next to the
push button while awaiting the walk
interval, and often the audible signals
emanate from the push button housing.

This provision is taken from MUTCD
4E.08 paragraph 4, which states that
pedestrian pushbuttons should be
located between 1.5 and 6 feet from the
edge of the pavement and 4E.08
paragraph 6, which states that where
physical constraints prevent that
location, the pushbutton should not be
farther than 10 feet from the edge of
curb or pavement. The Board agrees that
placing the pushbutton between 1.5 and
6 feet from the edge of curb or pavement
is preferable but has extended the
requirement to 10 feet in
acknowledgment that the geometry of
some intersections, even in new
construction, will necessitate placement
further than 6 feet from the edge of curb
or pavement.

Where two pedestrian push buttons
are provided on the same corner, they
must be 10 feet or more apart; however,
in alterations where it is technically
infeasible to provide 10 feet of
separation between pedestrian push
buttons on the same corner, the
pedestrian pushbuttons may be closer
together and a pedestrian push button
information message complying with
R308.3.2 must be provided (R307.4.1).

This provision is taken from MUTCD
sections 4E.08 paragraphs 7 and 8 and
4E.10 paragraph 3. Two local
government commenters and AASHTO
expressed concern regarding the
requirement for 10 feet of separation
between pedestrian push buttons on the
same corner. The Board notes that in the
final rule this requirement applies to
new construction on undeveloped land.

Pedestrian push buttons that are added
to existing rights-of-way are considered
alterations, and alterations subject to
existing physical constraints that make
compliance with applicable
requirements technically infeasible
must comply with the applicable
requirements to the maximum extent
feasible (R202.3).

Push Button Orientation (R307.5)
The face of the push button must be
aligned parallel to its associated
crosswalk. This alignment ensures that
the tactile arrow points in the direction
of pedestrian travel, and provides
uniformity for wayfinding. This
provision is taken from MUTCD section
4E.08 paragraph 4.

Audible and Vibrotactile Walk
Indications for Pedestrian Signal Heads
(R307.6)
Pedestrian push buttons or passive
detection devices must activate audible
and vibrotactile walk indications
complying with R308. This requirement
specifies that both audible and
vibrotactile indications are required,
and is taken from MUTCD section 4E.11
paragraph 2.

Audible and Vibrotactile Indication for
Pedestrian Activated Warning Devices
Without a Walk Indication (R307.7)
Where a pedestrian push button or a
passive detection device is provided for
pedestrian activated warning devices,
such as rectangular rapid flashing
beacons, the pedestrian push button or
passive detection device must activate a
speech message that indicates the status
of the beacon in lieu of an audible walk
indication. The speech message volume
must comply with requirements stated
at R308.4. Where a pedestrian push
button is provided, it must not include
vibrotactile features indicating a walk
interval.

This provision clarifies the type of
accessible indications that are required

53638 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations for pedestrian activated warning
devices. Pedestrian activated warning
devices, such as rectangular rapid
flashing beacons, do not stop traffic.

Rather they provide flashing lights that
draw drivers’ attention to the crosswalk
to warn them of the presence of
pedestrians. Because these devices do
not stop traffic, there is no walk
interval, and thus no audible or
vibrotactile walk indication. An audible
or vibrotactile walk indication would
falsely convey to a pedestrian who is
blind or has low vision that the traffic
has been stopped by a traffic control
device. Instead, the speech message will
state the status of the beacon, such as
the beacon is flashing or the beacon has
been activated, which is consistent with
the visual indications of the device.

Locator Tone (R307.8)
Pedestrian push buttons must have a
locator tone complying with R307.8.

This provision is taken from MUTCD
section 4E.12 paragraph 2. The locator
tone is a sound that emanates from the
push button housing that enables
individuals who are blind or have low
vision to locate the push button.

Locator tones have a duration of 0.15
seconds or less and repeat at one-second
intervals except when another audible
indication from the same device is
active (R307.8.1). This requirement is
taken from MUTCD section 4E.12
paragraph 4. To avoid a scenario in
which multiple sounds are
simultaneously emanating from the
same device, the Board has added
language clarifying that when another
audible indication from the same device
is active, the locator tone is to be
silenced. The Board has also added an
exception allowing the locator tone to
be silenced if a passive detection system
activates the locator tone when a
pedestrian is within a 12-foot radius of
the pedestrian push button. This
addresses some commenter concerns
regarding sounds bothering nearby
residents. However, the Board also notes
that those concerns are likely no longer
an issue due to evolving technology;
when the proposed rule was published,
speakers were placed closer to the
pedestrian signal heads, and were not
typically integrated into the pedestrian
push button device as they are now.

This resulted in louder audible cues
than those that emanate from today’s
devices.

Pedestrian push button locator tones
must be intensity responsive to ambient
sound and audible 6 to 12 feet from the
push button, or to the building line,
whichever is less (R307.8.2). The push
button locator tone must be louder than
ambient sound up to a maximum
volume of 5 dBA louder than ambient
sound. Automatic volume adjustment in
response to ambient traffic sound level
is capped at a maximum volume of 100
dBA. This requirement is taken from
MUTCD sections 4E.11 paragraphs 9
and 10 and 4E.12 paragraph 6.

Section R307.8.3 requires that where
audible beaconing is used, the volume
of the push button locator tone during
the pedestrian change interval of the
called pedestrian phase be increased
and operated in one of the following
ways: the louder audible walk
indication and louder locator tone
comes from the far end of the crosswalk,
as pedestrians cross the street; the
louder locator tone comes from both
ends of the crosswalk; or the louder
locator tone comes from an additional
speaker that is aimed at the center of the
crosswalk and that is mounted on a
pedestrian signal head. This
requirement is taken from MUTCD
section 4E.13 paragraph 8.

When the traffic control signal is
operating in a flashing mode, pedestrian
push button locator tones must remain
active, and the pedestrian push button
must activate a speech message that
communicates the operating mode of
the traffic control signal (R307.8.4).

Where traffic control signals or
pedestrian hybrid beacons are activated
from a flashing or dark mode to a stopand-go mode by pedestrian actuations, a speech message communicating the
operating status of the traffic control
signal is not required. Flashing mode
refers to when traffic signals flash either
red or yellow, often late at night when
traffic volumes are reduced, or at
intersections in rural areas with low
regular traffic flow.

Requirements for push button locator
tones are addressed at MUTCD section
4E.12 paragraph 5. The MUTCD states
that push buttons must be deactivated
when the traffic control signal is in
flashing mode. In response to comments
from a national disability rights
advocacy organization that emphasized
the importance of visual information
being provided in non-visual format for
pedestrians who are blind or have low
vision, the Board has explicitly deviated
from the MUTCD’s approach in this
instance to ensure that pedestrians who
are blind or have low vision can access
information regarding the status of the
traffic control device.

Tactile Arrow (R307.9)
Pedestrian push buttons must have a
tactile arrow with high visual contrast
that is aligned parallel to the direction
of travel on their associated crosswalks.

This requirement is taken from MUTCD
4E.12 paragraph 1.

R308 Accessible Pedestrian Signal
Walk Indications
Audible and vibrotactile walk
indications are provided by accessible
pedestrian signals during a walk
interval. The walk interval occurs when
a traffic control device signals traffic to
stop and a pedestrian signal head
signals to pedestrians, using the
illuminated ‘‘walking person’’ visual
signal, to exit the curb and begin to
cross the street. The remainder of the
time allotted for pedestrians to complete
the crossing is called the ‘‘pedestrian
change interval,’’ and is signaled by an
illuminated flashing ‘‘upraised hand.’’
The technical requirements in section
R308 pertain mostly to the audible and
vibrotactile cues during the walk
interval. The Board acknowledges and
concurs with commenters’ requests for
standardization with respect to audible
cues. These requirements will provide
standardization with respect to the type
of sound, pattern of speech message,
and volume of the audible cues
provided.

Audible and Vibrotactile Walk
Indications (R308.2)
Accessible pedestrian signals have an
audible and vibrotactile walk indication
during the walk interval only. The
audible walk indication must be audible
from the beginning of the associated
crosswalk. During the pedestrian change
interval, audible cues of the accessible
pedestrian signals revert to the
pedestrian push button locator tone.

This requirement is taken from MUTCD
sections 4E.11 paragraphs 4 and 25.

Audible Walk Indications (R308.3)
There are two types of audible walk
indications: a percussive tone (R308.3.1)
and a speech walk message (R308.3.2).

A percussive tone is required where an
accessible pedestrian signal is provided
at a single crossing or where two
accessible pedestrian signals are 10 feet
or more from each other at a corner. The
percussive tone repeats eight to ten ticks
per second with multiple frequencies
and a dominant component at 880 Hz.

In alterations, where it is technically
infeasible to provide 10 feet separation
between pedestrian push buttons on the
same corner, the audible walk
indication for each signal is a speech
walk message that complies with
R308.3.2. These requirements are taken
from MUTCD section 4E.11 paragraphs
7 and 8.

Several commenters objected to the
‘‘chirping’’ noise that was used by early
accessible pedestrian signals. The Board
notes that the final rule prescribes either
a percussive tone or an audible speech

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53639 message depending on the
circumstances; chirping noises are not
permitted.

The Board carefully considered
comments on the format of audible walk
indications from two national advocacy
organizations for people who are blind
or have low vision. Both organizations
requested that the audible walk
indications be limited to speech
messages to ensure that the same
information available to a sighted
pedestrian is provided to a pedestrian
who is blind or has low vision.

In the absence of additional
significant research studies regarding
audible walk indications, the Board has
accepted the MUTCD’s preference for
percussive tones over speech messages.

The Board notes that MUTCD adopted
this approach based on research that
concluded that speech walk indications
were not understandable to pedestrians
under all ambient sound conditions. See
Transportation Research Board,NCHRP
Document 117B: Guidelines for
Accessible Pedestrian Signals: Final
Report, 91–92 (2007) available at
https://onlinepubs.trb.org/onlinepubs/
nchrp/nchrp_w117b.pdf. The principal
purpose of visual pedestrian signal
heads is to provide safety to pedestrians
who are crossing the street by informing
pedestrians of the walk interval, that is,
the interval during which they are to
step off the curb so that they have
sufficient time to cross the street before
the traffic light changes. In accepting the
MUTCD’s preference for percussive
tones, the Board is prioritizing audible
communication of the walk indication
over other information, and the
available research indicates that the
percussive tone is more widely audible
across various ambient sound
conditions. Id.

The Board acknowledges that this
approach does not wholly address
issues that may face pedestrians who are
blind or have low vision, as they are not
provided with the same information that
is provided visually, specifically the
pedestrian countdown. Consequently,
persons who are blind or have low
vision approaching a crosswalk during
the pedestrian clearance interval will
not know how many seconds remain
and may then wait an entire cycle for
the audible walk indication even if they
would have had sufficient time to cross.

The Board will encourage additional
research regarding speech messages at
crosswalks, including the viability of an
audible pedestrian countdown.

Jurisdictions have the option of
providing speech information messages
at a pedestrian signal, regardless of
whether it is a pretimed signal or
actuated with the pedestrian push
button or passive detection; however,
the speech information message may
only be actuated when the walk interval
is not timing (R308.3.2.1). Speech
information messages provide
wayfinding assistance for persons who
are blind or have low vision and can be
especially helpful at intersection
corners with multiple crossings. If
provided, the speech message must
begin with the term ‘‘Wait,’’ followed by
intersection identification information
modeled after: ‘‘Wait to cross Broadway
at Grand.’’ Information on intersection
signalization or geometry may also be
provided after the intersection
identification information.

Where a speech walk message is used
as the audible walk indication, it must
use the following patterns. At
intersections having pedestrian phasing
that is concurrent with vehicular
phasing, the speech message must be
patterned after the model: ‘‘Broadway.

Walk sign is on to cross Broadway.’’
(R308.3.2.2). At intersections with
exclusive pedestrian phasing, meaning
that traffic is stopped in all directions
while pedestrians cross in all directions,
the speech message must be patterned
after the model: ‘‘Walk sign is on for all
crossings’’ (R308.3.2.3). Where a pilot
light is provided, the speech message
‘‘Wait’’ must be provided if actuated
while the walk interval is not timing
(R308.2.3.4). These speech message
requirements come from MUTCD
sections 4E.11 paragraphs 18 and 19 and
4E.08 paragraph 17.

Volume (R308.4)
Audible walk indications must be
louder than ambient sound, up to a
maximum volume of 5 dBA louder than
ambient sound. For automatic volume
adjustment in response to ambient
traffic sound, the maximum volume is
100 dBA. Where audible beaconing is
provided in response to an extended
push button press, the beaconing can
exceed 5 dBA louder than ambient
sound; however, the maximum volume
remains 100 dBA. Volume requirements
come from MUTCD section 4E.10
paragraphs 9 and 10.

Vibrotactile Walk Indication (R308.5)
The pedestrian push button must
vibrate during the walk interval. People
who use vibrotactile cues, such as
people who are both deaf and blind,
will stand with their hand on the
pedestrian push button until it vibrates
indicating the walk interval. The only
vibrotactile cue provided is the walk
interval. The vibrotactile walk
indication requirement comes from
MUTCD section 4E.11 paragraph 3.

R309 Transit Stops and Transit
Shelters
The technical requirements for transit
stops and transit shelters, which appear
at NPRM section 308 in the proposed
rule, are largely based on provisions for
transit facilities in the 2004 ADA and
ABA Guidelines.

Transit Stops (R309.1)
A transit stop is defined in the final
rule as, ‘‘An area that is designated for
passengers to board or alight from buses,
rail cars, and other transportation
vehicles that operate on a fixed route or
scheduled route, including bus stops
and boarding platforms. This definition
does not include intercity rail except
where a stop is located in the public
right-of-way.’’ (R104.3). This includes,
but is not limited to, all bus stops, bus
rapid transit stops, and streetcar stops
on fixed or scheduled routes in the
public right-of-way. It also includes
intercity rail stops located in the public
right-of-way, such as flag stops. An
alteration to a transit stop will trigger
these technical requirements, including
alterations to bus stops that currently
have no features other than signage.

Boarding and alighting areas at
sidewalk or street-level must comply
with technical requirements specific to
boarding and alighting areas for slope
and dimensions, as well as common
requirements for all transit stops, and
must serve each accessible vehicle entry
and exit (R309.1.1, R309.1.3). Where a
transit shelter is provided, the boarding
and alighting area can be located within
or outside the shelter.

The proposed rule required that
transit stops serving multicar vehicles
have technically compliant boarding
and alighting areas for each vehicle
(NPRM R308.1.1). In the final rule, the
Board has replaced this language with a
more precise requirement that a
compliant boarding and alighting area
serve each accessible vehicle entry.

A state DOT requested that the Board
incorporate language indicating that
entities comply with this requirement
‘‘to the extent that the construction
specifications are within their control,’’
which is language that the U.S.

Department of Transportation added to
modify its adoption of 810.2.2 of
Appendix D to 36 CFR part 1191. See
49 CFR part 37, Appx. A. The Board
expects that entities will coordinate to
comply with accessibility requirements
in the public right-of-way, and thus
declines to add this language. However,
enforcement-related issues may be
addressed by USDOT’s separate
rulemaking adopting these guidelines.

Boarding and alighting areas must
have a clear length of 96 inches (2440

53640 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations mm) minimum, measured
perpendicular to the face of the curb or
street edge, and a clear width of 60
inches (1525 mm) minimum, measured
parallel to the street. These are the same
substantive requirements proposed in
the NPRM (NPRM R308.1.1.1). In
response to the NPRM, five local
government entities and one state DOT
expressed concern that 8 feet of clear
space would not be feasible at existing
shuttle stops, and a state DOT requested
to orient the boarding and alighting area
in the other direction to accommodate
limited right-of-way. The orientation of
boarding and alighting areas is
important because the dimensions as
specified accommodate deployment of a
lift or ramp. The Board notes that
alterations, including transit stops that
are added to existing right-of-way, are
required to comply with the applicable
requirements to the maximum extent
feasible where existing physical
constraints make compliance with these
requirements technically infeasible
(R202.3). The Board thus anticipates
that there will be instances in existing
right-of-way where full compliance of
the 96-inch length will not be achieved.

The slope of boarding and alighting
areas measured parallel to the street
must be the same as the grade of the
street (R309.1.1.2). The slope of
boarding and alighting areas measured
perpendicular to the street must be 1:48
(2.1%) maximum. There are no
substantive changes to this provision
from the proposed rule. The provision
has been retitled ‘‘slope,’’ as the term
‘‘grade,’’ which was used in the
proposed rule, connotes a specific
direction of pedestrian travel.

Boarding platforms in the public
right-of-way must comply with
technical requirements for platform and
vehicle coordination (R309.1.2.1) and
slope (R309.1.2.2) as well as common
requirements for all transit stops
(R309.1.3). The final rule defines
‘‘boarding platform’’ as ‘‘[a] platform
raised above standard curb height used
for transit vehicle boarding and
alighting’’ (R104.3). Standard curb
height is defined as, ‘‘[t]he typical
height of a curb according to local
standards for a given road type, but
usually between 3 inches (75 mm) and
9 inches (230 mm) high relative to the
surface of the roadway or gutter’’
(R104.3). Examples of boarding
platforms in the public right-of-way
include, but are not limited to, bus rapid
transit stops or streetcar stops where the
boarding and alighting area is higher
than the standard curb height. This may
include places where the stop is on the
sidewalk, but the sidewalk is raised
higher than the standard curb height.

Boarding platforms must be
positioned to coordinate with vehicles
in accordance with DOT’s applicable
requirements in 49 CFR parts 37 and 38,
which require the height of the vehicle
floor and the platform to be coordinated
so as to minimize vertical and
horizontal gaps. There is no change to
this requirement from the proposed
rule.

The slope of boarding platforms
measured parallel to the track or street
must be the same as the grade of the
track or street, while the slope of the
boarding platform measured
perpendicular to the track or street must
be 1:48 (2.1%) maximum. This is a
change from the proposed rule, which
required the slope to be 2% maximum
in each direction for new construction.

Upon consideration, the Board has
concluded that similar to boarding and
alighting areas at street level, the slope
of boarding platforms measured parallel
to the street or track must be the same
as the grade of the track or street even
in new construction.

Boarding and alighting areas and
boarding platforms must comply with
surface characteristics stated at R302.6
(R309.1.3.1). In new construction on
undeveloped land, boarding and
alighting areas and boarding platforms
connect to pedestrian access routes in
accordance with R203.2. In alterations,
boarding and alighting areas and
boarding platforms must connect to
existing pedestrian circulation paths by
pedestrian access routes complying with
R302 (R309.1.3.2). This connection is
required by R202.2 but also expressed
here to ensure that jurisdictions
understand that any altered boarding
and alighting areas and boarding
platforms must be connected to an
existing pedestrian circulation path.

This requirement seeks to avoid a
scenario in which a person with a
disability alights a transit vehicle but is
then trapped in the alighting area
because there is no connection to a
pedestrian circulation path. In response
to the NPRM, two individuals and a
state DOT commented in support of a
connection requirement.

The Board acknowledges a comment
from a national advocacy organization
for individuals who are blind or have
low vision requesting that the Board
require all transit stops in new
construction to have boarding and
alighting areas or boarding platforms
that are at least 6 inches higher than
street level. The organization asserts
that such a requirement will minimize
gaps between the vehicle and the
alighting area, minimize the slope of
low-floor transit bus ramps when
extended, and prevent transit vehicles
from encroaching into alighting areas
and possibly hitting a passenger. The
Board is unaware of research indicating
that these are widespread problems for
transit riders with disabilities in
jurisdictions where transit stops are
located at street-level. The Board thus
declines to require a specific height for
transit stops.

Transit Shelters (R309.2)
Pedestrian access routes must connect
transit shelters to boarding and alighting
areas or boarding platforms (R309.2.1).

This requirement, which appeared at
NPRM R308.2 in the proposed rule,
ensures that persons with disabilities
are able to access transit shelters.

Transit shelters must have a clear space
complying with the technical
requirements at R404 entirely within the
shelter (R309.2.2). This clear space
allows a person using a wheelchair
sufficient space inside the shelter to
await the transit vehicle. Where seating
is provided within the shelter, the clear
space must be located either at one end
of a seat or so as to not overlap the area
within 18 inches (460 mm) from the
front edge of the seat to leave leg room
for seating provided within the shelter.

Any environmental controls provided
within a transit shelter, such as lights or
heating, must be proximity actuated to
ensure that persons with disabilities can
use them (R309.2.3). Protruding objects
within transit shelters must comply
with technical requirements for
protruding objects at R402 to ensure that
they are not hazards to persons who are
blind or have low vision (R309.2.4).

There are no substantive changes in
the final rule for technical requirements
for transit shelters, although the
provisions have been restructured for
clarity. In response to the proposed rule,
a disability rights advocacy organization
requested that the Board add a
requirement for a wheelchair turning
space. Two design firms also
commented on turning space, indicating
that any required turning space should
be permitted to be partially outside the
shelter. The Board considered these
comments and concluded that a
requirement for turning space is not
necessary in light of the typical designs
of transit shelters, which would allow a
person in a wheelchair to make a turn
either partially inside the shelter or
directly outside.

The Board acknowledges a comment
from a design firm requesting technical
criteria for benches. As stated above in
the discussion of street furniture (R209),
the Board concurs that technical criteria
for benches, specifically back support
and armrest requirements, would be
useful to ensure accessibility, but as the

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53641 Board did not propose specific
dimensions for accessible benches in
the proposed rule, the Board declines to
add them now in the final rule. The
Board may consider technical criteria
for benches in a future rulemaking.

R310 On-Street Parking Spaces
In the proposed rule, technical
requirements for accessible on-street
parking spaces were addressed at NPRM
R309. There are few substantive changes
from the proposed requirements;
however, in the final rule, the
provisions have been restructured for
clarity.

Parallel On-Street Parking Spaces
(R310.2)
In the proposed rule, the Board
presented two sets of specifications for
accessible parallel on-street parking
spaces: specifications for wide
sidewalks where the width of the
adjacent sidewalk or available right-ofway exceeds 14 feet (NPRM R309.2.1) and specifications for narrow sidewalks,
where the available sidewalk or right-ofway is 14 feet or less.

In the final rule, the Board had
restructured this section to clarify that
in new construction on undeveloped
land, larger accessible parallel on-street
parking spaces are required.

Specifically, in the final rule, the default
dimensions of accessible parallel onstreet parking spaces are 24 feet long minimum parallel to the sidewalk and
13 feet wide minimum perpendicular to
the sidewalk (R310.2.1). The 13-foot
width accounts for the typical width of
a parallel parking space plus an
additional five feet, which in the
proposed rule was characterized as an
‘‘access aisle’’ (NPRM R309.2.1). The 24-
foot length accounts for the 20-foot
length of a typical parking space (the
dimension that the Board has used in
R211 as a proxy to count unmarked
parking spaces) plus 48 inches that will
allow a person exiting on the driver side
of the vehicle to access the connection
to the pedestrian access route, such as
a curb ramp, on the passenger side of
the vehicle.

In the final rule, the Board concurred
with an individual commenter who
recommended that the Board provide
total dimensions for the accessible
parallel space instead of dimensions for
an additional access aisle. The Board
has observed in the implementation of
the proposed guidelines that some
jurisdictions have marked the access
aisles, which creates confusion for both
drivers and parking enforcement
officials as to whether a vehicle may be
parked in the access aisle. The point of
the additional space of the access aisle
(now additional width in the final rule)
is to allow the driver to situate the
vehicle anywhere within the full width
of the space so that a person with a
disability may exit the vehicle on
whichever side is needed without
exiting directly into a travelled way.

Some persons with disabilities will
need space on the driver side of their
vehicle, outside of the travelled way, to
transfer to a wheelchair.

The Board has provided two
exceptions to the required dimensions
for accessible parallel on-street parking
spaces that are applicable in alterations.

First, in Exception 1, the Board states
that where parallel on-street parking
spaces are altered but the adjacent
pedestrian circulation path is not, any
accessible parallel on-street parking
spaces provided may have the same
dimensions as the adjacent parallel onstreet parking spaces if they are provided nearest the crosswalk at the
end of the block face or nearest a
midblock crosswalk, and a curb ramp or
blended transition is provided serving
the crosswalk.

This exception clarifies that where a
jurisdiction is not altering a sidewalk, it
need not alter the sidewalk solely to
provide accessible parallel on-street
spaces with the prescribed dimensions
of R310.2.1, if they meet the conditions
above. Rather, where, for example, the
parking lane is being repaved (altered),
but the sidewalk will not be altered, the
jurisdiction is permitted to provide
typically-sized, accessible parking
spaces if they are provided nearest a
crosswalk at the end of the block face or
nearest a midblock crosswalk, and a
curb ramp or blended transition is
provided serving the crosswalk. The
substantive content of this exception
appeared at NPRM R309.2.1.1. The
language has been revised to clarify that
that the spaces must be provided nearest
to a crosswalk where a curb ramp or
blended transition is provided, as was
the intent of the proposed language
requiring the spaces to be located ‘‘at
the end of the block face.’’
Exception 2 of section R310.2.1 of the
final rule contains the provision that
appeared at NPRM R309.2.2, which
relates to the requirements for parallel
parking adjacent to narrow sidewalks.

Where providing parallel on-street
parking spaces with the dimensions
specified in R310.2.1 would result in an
available right-of-way width less than or
equal to 9 feet (2.7 m), measured from
the curb line to the right-of-way line, the
accessible parallel on-street parking
spaces may have the same dimensions
as the adjacent parallel on-street parking
spaces if they are provided nearest a
crosswalk at the end of the block face or
nearest a midblock crosswalk, and a
curb ramp or blended transition is
provided serving the crosswalk. The
language of this provision has been
edited to clarify that there must be a
curb ramp or blended transition present
where the accessible spaces are located,
as was the intention in the proposed
rule of requiring that they be located ‘‘at
the end of the block face.’’ In addition,
in the final rule, the Board has clarified
that these accessible spaces may have
the same dimensions as the adjacent
parallel on-street spaces.

As in the proposed rule, the Board
limits the requirement for the larger
sized parking space to places where 9
full feet of available right-of-way will
remain. Nine feet of available right-ofway allows for the required 48-inch clear width of the pedestrian access
route and an additional 5 feet for street
furniture and building frontage.

Two local government commenters
and one state DOT objected to the
requirement to locate typically-sized
accessible parallel on-street parking
spaces nearest to curb ramps. They
asserted that local programs may locate
spaces based on need or have
requirements that the must be a certain
distance from an intersection. The
Board acknowledges that in the absence
of Federal requirements, some state and
local jurisdictions have created their
own specifications for the location of
accessible on-street spaces. However, to
provide equity to persons with
disabilities with respect to their
personal safety, the amount of time that
they spend in the roadway between
their vehicle and the sidewalk must be
minimized. Thus, it is crucial that
accessible spaces are located nearest the
crosswalk at the end of the block face or
nearest mid-block crosswalk with a curb
ramp or blended transition serving the
crosswalk.

Each accessible parking space
complying with the dimensions of
R310.2.1 must have an independent
connection to a pedestrian access route
(R310.2.2). If there is a curb between the
parking space and the pedestrian access
route, a curb ramp or blended transition
complying with R304 must be provided
in accordance with R203.6.1.3 and
R310.2.2; however, a detectable warning
surface is not required. Built-up curb
ramps within the parking space are not
permitted. The clear area requirement
for a curb ramp directly serving a
parking space complying with the
dimensions of R310.2.1 is satisfied
within the additional length of the
space. Accessible spaces provided in
accordance with the exceptions to
R310.2.1 must be connected to the curb
ramp serving the crosswalk by a

53642 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations pedestrian circulation path that
complies with technical requirements
for surfaces at R302.6, except that
changes in level are not permitted.

A state disability board requested that
the rule specify slope and cross slope
for parking spaces. The Board
considered this request, but concluded
that roadway design considerations
preclude the Board from specifying
slope and cross slope for on-street
parking. However, in the final rule, the
Board has added a provision requiring
surfaces of parking spaces to comply
with technical specifications for
surfaces at R302.6, except that changes
in level are not permitted (R310.2.3). As
indicated in the advisory at NPRM
309.1, accessible parking spaces should
be located where the street has the least
crown and grade (and close to key
destinations).

A state DOT and a local government
entity pointed out in response to the
proposed rule that the access aisle (now
additional width) of a parallel parking
space does not benefit side lift and ramp
users because they typically deploy onto
the sidewalk. In the final rule, the Board
has added a provision requiring that the
center 50 percent of the length of the
sidewalk or other surface adjacent to
accessible parking spaces be free of
obstructions (R310.2.4). This
requirement will ensure that there is an
adjacent unobstructed area to
accommodate deployment of a lift or
ramp.

In the final rule, the Board,
concurring with a comment from an
association of accessibility
professionals, also added a provision
clarifying the requirement for
identification of accessible on-street
parking spaces with a sign bearing the
International Symbol of Accessibility
installed 60 inches (1525 mm)
minimum above the ground measured to
the bottom of the sign (R310.2.5).

Perpendicular Parking Spaces (R310.3)
In the final rule, the Board has split
perpendicular and angled on-street
parking spaces into separate provisions,
with an additional common
requirements provision applicable to
both, to address a change in the
dimensions of the spaces and access
aisles. In response to comments
expressing confusion as to the need for
a 96-inch access aisle for perpendicular
and angled parking, the Board notes that
adjacent 96-inch (2440 mm) minimum
access aisle extending the full length of
the space. The Board has also retained
the allowance that one access aisle may
be shared by two spaces, but has
clarified that this is only permitted
where the front entry and rear entry
parking are both allowed. Most
wheelchair vans that are equipped with
a ramp deploy on the passenger side.

Thus, where a driver can park the
vehicle such that the access aisle is on
the passenger side, regardless of which
side of the space the access aisle is
located, it is appropriate that access
aisle be shared by two spaces.

Angled Parking Spaces (R310.4)
In the final rule, the Board has
reallocated the total amount of space
anticipated for the angled parking space
and access aisle as follows. The Board
has stated the width of accessible angled
parking spaces to 132 inches (3350 mm)
and reduced the width of the access
aisle to 60 inches (1525 mm) (R310.4.1).

The access aisle must extend the full
length of the parking space on the
passenger side (R310.4.2).

Because most wheelchair vans
equipped with a ramp deploy on the
passenger side, the Board requires that
the access aisle be located on that side
of the vehicle. The larger parking space
allows a driver flexibility to situate the
vehicle within the space so that a
person with a disability on either side
of the vehicle will have sufficient
clearance to disembark. A person
deploying a ramp on the passenger side
would pull in all the way to the left in
the space, which would allow the
equivalent of the proposed 96-inch
access aisle (see NPRM R309.3).

However, for a person with a disability
exiting the vehicle on the driver’s side,
the vehicle would be situated
immediately adjacent to the access aisle,
which would allow an additional three
feet of clearance on the driver’s side.

Common Requirements for
Perpendicular and Angled Parking
Spaces (R310.5)
The following requirements apply to
accessible perpendicular and accessible
angled on-street parking spaces. The
access aisles must be marked to
discourage people from parking in them
(R310.5.1). The access aisles must be
located at the same level as the parking
space they serve and cannot encroach
to an existing pedestrian circulation
path in accordance with R202.2
(R310.5.3 Exception 1). In the proposed
rule, this provision was entitled, ‘‘Curb
Ramps or Blended Transitions’’ (NPRM
R309.4). The Board has replaced this
section with more precise language
requiring a connection to a pedestrian
access route, as in some areas there is
no curb between the parking and the
pedestrian access route and thus, no
curb ramp is needed. Where curb ramps
are used to make the connection, they
must be provided in accordance with
R203.6.1.4 and must comply with the
technical requirements for curb ramps at
R304 (R310.5.3); however, a detectable
warning surface is not required on a
curb ramp or blended transition used
exclusively to connect on-street parking
access aisles to pedestrian access
routes.18
Where curb ramps or blended
transitions are used, they must not
reduce the required width or length of
the access aisles or accessible parking
spaces (R310.5.3). This requirement
clarifies a statement made in the
proposed rule that ‘‘[c]urb ramps shall
not be located within the access aisle’’
(NPRM R309.4), which a state DOT
indicated was unclear. The Board has
observed jurisdictions install curb
ramps within an access aisle that
obstruct the area intended for
deployment of a ramp. The connection
to the pedestrian access route, which
could be a curb ramp, blended
transition, or a section of pedestrian
access route, must be wholly outside the
required dimensions of the access aisle.

A built-up curb ramp within the access
aisle that reduces the required
dimensions or otherwise obstructs
deployment of a ramp or lift is not
permitted.

Surfaces of parking spaces and access
aisles serving them must comply with
technical requirements for surface
characteristics at R302.6, except that
changes in level are not permitted
(R310.5.4). A state DOT, a local
government entity, and an engineer
commented on the slope and cross slope
characteristics of access aisles; however,
the Board neither proposed nor
included in the final rule any slope or
cross slope requirements for on-street
parking spaces or access aisles due to
roadway design considerations.

In the final rule, the Board,
concurring with a comment from an
the purpose of the access aisle is to on the traveled way (R310.5.2). These allow sufficient space between an
accessible vehicle and the next vehicle
to deploy a ramp.

In R310.3.1 of the final rule, the Board
has retained the proposed requirement
that perpendicular spaces have an
requirements are substantively the same
as those proposed at NPRM R309.3.

In new construction on undeveloped
land, access aisles must connect to
pedestrian access routes (R310.5.3); in
alterations, the access aisle may connect
18 The Board acknowledges an error in NPRM
Figure R309.3 depicting a detectable warning
surface on a curb ramp serving an access aisle.

Several commenters pointed out this error. The
error will be corrected in technical assistance
materials made available on the Access Board’s
website in support of the final rule.

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53643 association of accessibility
professionals, has added a provision
clarifying the requirement for
identification of accessible on-street
parking spaces with a sign bearing the
International Symbol of Accessibility
installed 60 inches (1525 mm)
minimum above the ground measured to
the bottom of the sign (R310.5.5).

Parking Meters and Parking Pay Stations
(R310.6)
The operable parts of parking meters
and parking pay stations that serve
accessible parking spaces must comply
with technical requirements for
operable parts at R403. The clear space
required by R403.2 shall be located so
that displays and information on
parking meters and pay stations are
visible from a point located 40 inches
(1015 mm) maximum above the center
of the clear space in front of the parking
meter or parking pay station.

The only change to the substantive
requirements of this section from the
proposed rule is the elimination of
NPRM 309.5.1 which required that
parking meters for parallel parking
spaces be located at the head or foot of
the parking space. This requirement has
been superseded by R310.2.4, which
requires the center 50 percent of the
length of each parking space to be free
from obstructions. The provision in the
final rule more precisely accomplishes
the goal of ensuring that the area
adjacent to a parallel parking space
needed to deploy a ramp will not be
obstructed, while eliminating a concern
expressed by a commenter as to the
uncertainty of where the ‘‘head’’ and
‘‘foot’’ of the parking space are located,
and the concern expressed by other
commenters that the proposed language
prescribed the provision of parking
meters even for jurisdictions where
users of accessible spaces do not pay for
parking.

R311 Passenger Loading Zones
The substantive technical
requirements for accessible passenger
loading zones differ minimally from the
proposed requirements at NPRM R310;
however, in the final rule they have
been reorganized for clarity.

Accessible passenger loading zones
must provide a vehicular pull-up space
that is 96 inches (2440 mm) wide
minimum and 20 feet (6.1 m) long
minimum (R311.2). Vehicle pull-up
spaces have adjacent access aisles that
are 60 inches (1525 mm) wide minimum
extending the full length of the vehicle
pull-up space (R311.3). Two local
government entities and one individual
commented that the dimensions
specified do not account for sidewalk
widths or pedestrian volumes. The
Board does not require that accessible
passenger loading zones be provided. In
new construction on undeveloped land,
neither of the issues raised should be a
concern as the design would reflect
these considerations. In alterations,
jurisdictions must comply with the
applicable requirements to the
maximum extent feasible where existing
physical constraints make compliance
with these requirements technically
infeasible (see R202.3).

Access aisles must be at the same
level as the vehicle pull-up space they
serve and must not encroach on the
traveled way. In alterations, where
existing right-of-way precludes the
installation of an access aisle separate
from the pedestrian access route and the
vehicle drop-off area is at-grade with the
sidewalk, there may be overlap between
the pedestrian access route and the
access aisle.

As with accessible parallel parking
spaces, the Board has added a
requirement for accessible passenger
loading zones that the center 50 percent
of the adjacent sidewalk, or other
surface, be free of obstructions to ensure
that there is room for a vehicle to deploy
a side lift or ramp.

Access aisle surfaces must be marked
to discourage parking in them
(R311.3.2). Surfaces of vehicle pull-up
spaces and the access aisles serving
them must comply with characteristics
of surfaces specified at R302.6; in the
final rule the Board has clarified that
changes in level are not permitted
(R311.4). Some commenters requested
clarification regarding the required
slope and cross slope of accessible
passenger loading zones; however, the
Board neither proposed nor included in
the final rule any slope or cross slope
requirements for passenger loading
zones due to roadway design
considerations.

Similar to the final requirements for
accessible parking spaces, the Board has
replaced a proposed provision requiring
curb ramps or blended transitions to
connect the access aisle to the
pedestrian access route (NPRM R310.3)
with language simply requiring the
connection in consideration of places
where there is no curb between the
passenger loading zone and the adjacent
pedestrian access route (R311.5). In
alterations, the access aisle may connect
to an existing pedestrian circulation
path in accordance with R202.2. Where
curb ramps and blended transitions are
used, they must comply with technical
requirements for curb ramps, except that
detectable warning surfaces are not
required on curb ramps and blended
transitions used exclusively to connect
access aisles to pedestrian access routes.

Curb ramps and blended transitions also
must not reduce the required width or
length of access aisles. A built-up curb
ramp within the access aisle that
reduces the required dimensions or
otherwise obstructs deployment of a
ramp or lift is not permitted.

E. Chapter 4: Supplemental Technical
Requirements
Chapter 4 contains technical
requirements that, as originally
proposed in the NPRM, were virtually
the same as similarly titled provisions
in the 2004 ADA and ABA Accessibility
Guidelines. In response to public
comments, and to improve the clarity of
the final rule text, several of these
provisions have been revised to address
the public rights-of-way context more
precisely. Consequently, the original
distinction between Chapter 3 and
Chapter 4 of the PROWAG rule text,
where Chapter 3 was specific to
PROWAG and Chapter 4 was taken
almost directly from the 2004 ADA and
ABA Accessibility Guidelines, no longer
applies. However, as the proposed
guidelines have been widely adopted by
state and local government entities, the
Board has maintained the two-chapter
structure of the technical requirements
to ease the transition from the proposed
guidelines to the final Guidelines.

R401 General
The supplemental technical
requirements in Chapter 4 apply as
specified in the scoping provisions of
Chapter 2 or where referenced by
another technical requirement in
Chapter 3 or 4. These technical
requirements have been adapted
specifically for pedestrian facilities in
the public right-of-way. In the final rule,
the Board has replaced the term ‘‘finish
surface,’’ which is typically used to refer
to an interior surface, with ‘‘walking
surface’’ or ‘‘ground surface,’’ which are
more appropriate in the rights-of-way
context. Measurements are taken from
the top of the surface.

R402 Protruding Objects and Vertical
Clearance
The name of this section, called
‘‘Protruding Objects’’ in the proposed
rule (NPRM R402) has been revised in
the final rule to more precisely reflect
the content. There are many types of
protrusions in the public right-of-way,
including but not limited to signs,
awnings, and landscaping. Landscaping
protrusions in the public rights-of-way
are common and pose special challenges
to pedestrians with disabilities. For
example, low hanging tree branches
pose a hazard to pedestrian who are

53644 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations blind or have low vision. Overgrown
shrubbery may impede a blind
pedestrian’s ability to trail on the edge
of a sidewalk or force a pedestrian in a
wheelchair hazardously close to the
roadway. Thus, to ensure equal access
to public rights-of-way for persons with
disabilities, jurisdictions must take care
to ensure that protrusions do not exceed
the specified limits, and that vertical
clearance is properly maintained.

Protrusion Limits (R402.2)
Objects with leading edges that are
more than 27 inches (685 mm) and less
than 80 inches (2030 mm) above the
walking surface cannot protrude
horizontally more than 4 inches (100
mm) into pedestrian circulation paths.

The text of this provision has been
revised for clarity, but the substantive
requirement has not been changed from
the proposed provision, which was
based on the 2004 ABA and ADA
Accessibility Guidelines. However, in
the final rule, the Board has added an
exception that allows handrails to
protrude 4.5 inches (115 mm) into a
pedestrian circulation path to account
for consistency with the 2004 ABA and
ADA Accessibility Guidelines. See 36
CFR part 1191, Appx. D 307.2 Exception
(allowing handrails to protrude 4.5
inches (115 mm)).

In response to the NPRM, one local
government entity indicated that the
protrusion limits could affect
landscaping requirements and increase
landscape trimming costs. The Board
notes that it is common practice for
jurisdictions to manage and maintain
the landscaping abutting sidewalks and
other pedestrian circulation paths; the
final rule’s protrusion limits are
unlikely to significantly affect those
costs.

Post-Mounted Objects (R402.3)
Post-mounted objects must be
installed in compliance with these
technical requirements so they do not
pose a hazard to persons who are blind
or have low vision. In the final rule, the
Board has revised the text of these
provisions for clarity. The Board has
also excepted the sloping portion of
handrails serving stairs and ramps from
compliance with R402.3.

Where objects mounted on a single
post or pylon are more than 27 inches
(685 mm) and less than 80 inches (2030
mm) above the walking surface, the
objects must not protrude more than 4
inches horizontally into the pedestrian
circulation path, as measured
horizontally either from the post or
pylon or from the outside edge of the
base if the base is at least 21⁄2 inches (64
mm) high (R402.3.2). A 21⁄2 inch solid
base is cane detectable.

Where objects within a pedestrian
circulation path are mounted between
posts or pylons and the clear distance
between the posts or pylons is greater
than 12 inches (305 mm), the lowest
edge of the object must be 27 inches
(685 mm) maximum above the walking
surface (low enough so that it is canedetectable) or 80 inches (2030 mm) minimum above the walking surface
(high enough that someone could walk
under it) (R402.3.2). In the final rule, the
Board has added an exception allowing
objects mounted on two or more posts
or pylons that do not comply with the
above dimensions if a barrier with its
lowest edge at 27 inches maximum
above the walking surface is provided.

The barrier is cane-detectable, and thus
reduces the hazard.

Vertical Clearance (R402.4)
The vertical clearance of a pedestrian
circulation path must be 80 inches high
minimum. Where the vertical clearance
is less than 80 inches, guards or other
barriers must be provided to prohibit
pedestrian travel. This will prevent
pedestrians from colliding with objects
overhead. The lowest edge of the guard
or barrier must be no higher than 27
inches above the walking surface to
ensure that it is cane detectable. These
substantive requirements for vertical
clearance have not changed from those
in the proposed rule, although they have
been revised for clarity. In addition, the
Board has substituted the word ‘‘guard’’
for ‘‘guardrail,’’ which has a different
meaning in the transportation context.

In response to the NPRM, the Board
received comments from a disability
rights advocacy organization and an
accessible design firm requesting that
the Board required vertical clearance of
96 inches to account for sagging wet
branches, awnings, and wires. The
Board has maintained the vertical
clearance at 80 inches, which provides
sufficient head clearance for most
people. As in the case of several of
PROWAG’s technical requirements,
some maintenance may be needed to
maintain compliance.

Required Clear Width (R402.5)
In the final rule, the Board has added
a provision to clarify that protruding
objects may not reduce the clear width
required for pedestrian access routes, as
specified at R302.2. That means, for
example, that an object mounted
between posts cannot be placed in the
middle of a sidewalk, even if it complies
with the requirements at R402.3.2, if it
obstructs the required clear width of the
path.

R403 Operable Parts
An operable part is a component of an
element used to insert or withdraw
objects, or to activate, deactivate, or
adjust the element, or interact with the
element (R104.3). The technical
requirements for operable parts apply to
operable parts on street furniture, fare
vending machines, other fixed elements
at transit stops and shelters, accessible
pedestrian signals (pedestrian push
buttons), parking meters and parking
pay stations that serve accessible
parking spaces, and any other fixed
elements used by pedestrians. A clear
space complying with technical
requirements at R404 must be provided
at operable parts (R403.2). Operable
parts must be located within the reach
ranges specified in R406 (R403.3). There
are no substantive changes to the
technical requirements for operable
parts from what was proposed in the
NPRM; however, the Board updated the
definition of ‘‘operable part’’ to include
a component of an element use to
‘‘interact with the element’’ (R104.3).

This addition is designed to cover QR
codes and any other future markings
that are intended to be scanned with a
mobile device. If a QR code or similar
marking is provided on an element, that
code or marking must be within reach
range, and clear space complying with
R404 must be provided so that a person
in a wheelchair can use it.

Operable parts must be operable with
one hand and not require tight grasping,
pinching, or twisting of the wrist
(R403.4). The force required to activate
operable parts may not exceed 5 pounds
(22.2 N). One local government entity
objected to this requirement asserting
that products rated for exterior use have
controls that likely require more force
than 5 pounds to operate. The Board is
not aware of jurisdictions having actual
difficulties obtaining products that
comply with this requirement. Exterior
environments on buildings and sites are
also subject to the same technical
requirements for operable parts. 36 CFR
part 1191, Appx. B 205, Appx. C F205,
Appx. D 309.

R404 Clear Spaces
Clear spaces are required at operable
parts so that a person with a wheelchair
or other mobility aids (such as a walker
or crutches) has sufficient room and a
stable surface to access an operable part.

Clear spaces are also provided adjacent
or integral to benches so that a person
using a wheelchair may sit in proximity
to a companion using the bench. Two
disability rights advocacy organizations
requested in their comments that the
Board remove the advisory specifying

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53645 clear space is required at parking meters
and parking pay stations ‘‘that serve
accessible parking spaces’’ (NPRM
Advisory R404.1), because they believe
that clear space should be provided at
all parking meters and pay stations. All
advisories have been removed from the
final rule text; however, the Board also
notes that with the addition of R209.7
in the final rule, operable parts of all
fixed elements, which would include all
parking meters and pay stations, must
comply with technical requirements for
operable parts at R403.

Clear spaces are 30 inches (760 mm)
minimum by 48 inches (1220 mm)
minimum (R404.3). Their surfaces must
comply with technical requirements for
surface characteristics at R302.6
(R404.2). The slope of a clear space
must be 1:48 (2.1%) maximum in both
directions (R402.2). This is a change
from the proposed rule, which required
a running slope consistent with the
grade of the adjacent pedestrian access
route and a cross slope of 2 percent. The
Board agreed with commenters that
minimizing the slope in both directions
provides better accessibility,
particularly where both hands are
needed for an operable part, leaving a
person without a hand to stabilize a
manual wheelchair. The Board has
retained an exception where the grade
of an adjacent pedestrian access route
conforms to the requirements of R302.4;
in those situations, the slope of the clear
space may be consistent with the slope
of the pedestrian access route.

Two state DOTs and a regional
association of engineers raised concerns
about the cross slope exceeding 2
percent in circumstances where a
pedestrian pushbutton for an accessible
pedestrian signal is adjacent to a curb
ramp and the clear space then overlaps
the curb ramp. The Board notes that full
compliance is expected for new
construction on undeveloped land, and
that in alterations, where existing
physical constraints make compliance
with applicable requirements
technically infeasible, compliance with
these requirements is required to the
maximum extent feasible (see R202.3).

The final rule also allows pedestrian
push buttons to be located up to 10 feet
away from the edge of curb to help
avoid the scenario where clear space is
located on a curb ramp (see R307.4).

Clear spaces may include knee and
toe clearance complying with R405
(R404.4.). Clear spaces are positioned
either for a forward approach or parallel
approach (R404.5). In the final rule, the
Board has clarified the orientation of the
clear space for each approach: the 30-
inch side is nearest to the element for
a forward approach, and the 48-inch
side is nearest to the element for a
parallel approach (R404.5).

Clear spaces must not be located on
curb ramp runs or flares. One fully
unobstructed side of a clear space must
adjoin a pedestrian access route or
another clear space (R404.6). If a clear
space is confined on all or part of three
sides, additional maneuvering clearance
must be provided (R404.7). For a
forward approach where the depth of
the confined space exceeds 24 inches
measured perpendicular to the element,
the clear space and additional
maneuvering clearance must be 36
inches (915 mm) wide minimum
(R404.7.1). The clear space and
additional maneuvering clearance must
be 60 inches (1525 mm) wide minimum
for a parallel approach where the depth
of the confined space exceeds 15 inches.

R405 Knee and Toe Clearance
The technical requirements for knee
and toe clearance apply where space
beneath an element is included as part
of the clear space. These technical
requirements are virtually identical to
those in the 2004 ABA and ADA
Accessibility Guidelines. The only
change from the proposed rule is that
the Board added a clarifying provision
at R405.2.4 stating that space extending
more than 6 inches (150 mm) beyond
the available knee clearance at 9 inches
above the ground surface is not
considered toe clearance. The Board
added this provision for consistency
with section 306.2.4 of the 2004 ABA
and ADA Accessibility Guidelines.

R406 Reach Ranges
Technical requirements for reach
ranges describe where an operable part
must be located so that a person using
a wheelchair can reach it. They also
specify whether obstructions between
the pedestrian and the element with the
operable part are permitted, and if so, to
what extent. The substantive
requirements have not changed from the
proposed rule, but the text of the
provisions has been edited for clarity.

For both forward and parallel
approaches, the reach range extends
between 15 inches (380 mm) and 48
inches (1220 mm) above the ground
surface (R406.2). Where the clear space
is configured solely for a forward
approach to an element, obstructions are
not permitted between the clear space
and the element (R406.3.1). Where a
clear space is configured for a parallel
approach to an element, an obstruction
10 inches (255 mm) deep maximum is
permitted between the clear space and
the element (R406.3.2).

In response to comments from three
state DOTs requesting that the Board
clarify the permitted height of an
obstruction, in the final rule the Board
has stated that for clear spaces
configured for a parallel approach to an
element, the permitted obstruction must
be no more than 34 inches (865 mm)
high (R406.3.2). This obstructed high
reach limit is consistent with that stated
in section 308.3.2 of the 2004 ABA and
ADA Accessibility Guidelines.

Four state DOTs, three local
government commenters, and an
engineering firm requested that an
obstructed side reach up to 24 inches
deep be allowed as is permitted in the
2004 ADA and ABA Accessibility
Guidelines. The Board declines to make
this change, as most operable parts
placed in new construction in the
public right-of-way can be located so
they are unobstructed. The Board notes
that most of the concerns expressed
related to existing rights-of-way.

Alterations must comply with the
applicable requirements to the
maximum extent feasible where existing
physical constraints make compliance
with these requirements technically
infeasible (R202.3). An engineering firm
expressed concern that the 10-inch
obstruction depth limit would present
challenges for mounting push buttons
within the specified reach range. The
Board notes that push button
extensions, which are readily available,
mitigate this concern.

R407 Ramps
Ramps in the public right-of-way are
used to provide access to a pedestrian
overpass or underpass, to the entrance
of a building or facility, and in instances
where the grade of the sidewalk exceeds
the allowances specified at R302.4. In
the final rule, the Board has defined a
‘‘ramp’’ as a ‘‘sloped walking surface
with a running slope steeper than 1:20
(5.0%) that accomplishes a change in
level and is not part of a pedestrian
circulation path that follows the
roadway grade. A curb ramp is not a
ramp’’ (R104.3).

In addition, the Board has revised
R407.1 to state that R407 does not apply
to curb ramps or pedestrian access
routes following the grade established
for the adjacent street consistent with
the requirements of R302.4.1.

This definition and revisions to
R407.1 address two repeated concerns
in the comments to the NPRM and in
subsequent technical assistance
inquiries the Board has received since
the NPRM was published. First, the
Board clarifies that ‘‘curb ramps’’ and
‘‘ramps’’ are different types of
pedestrian facilities and have distinct
technical requirements. Two state
DOTs, one local government entity, an

53646 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations accessible design firm, and an
association of accessibility professionals
requested that the Board clarify that
R407 does not apply to curb ramps. In
the final rule, both ‘‘ramp’’ and ‘‘curb
ramp’’ are defined in R104.3. The
technical requirements for curb ramps
appear at R304 in accordance with the
scoping at R203.6. The technical
requirements for ramps appear at R407.

Second, the Board clarifies that
pedestrian circulation paths that follow
the street grade are not ramps, even if
they exceed a slope of 1:20 (5.0%) and
thus do not require compliance with
R407 (see R302.4.1).

The running slope of a ramp run is
1:12 (8.3%) maximum (R407.2) and the
cross slope of a ramp run is 1:48 (2.1%)
maximum (R407.3). In the proposed
rule, the Board had specified a
minimum running slope of 5 percent,
which was derived from the proposed
maximum grade of a pedestrian access
route (NPRM R407.2). A state DOT
requested that the Board eliminate the
minimum slope, and the Board
concurred that stating a minimum slope
was contributing to the confusion as to
the applicability of the ramp technical
requirements. Thus, the final rule does
not state a minimum running slope for
ramp runs.

The clear width of a ramp run must
be 48 inches (1220 mm) minimum, and
if handrails are provided, the clear
width between handrails must be 48
inches (1220 mm) minimum (R407.4).

This is a departure from the NPRM in
which the Board proposed that the clear
width of ramps be 36 inches minimum,
consistent with the 2004 ADA and ABA
Accessibility Guidelines. Several
commenters, including three state DOTs
and a local government entity,
recommended that ramps have a
minimum width of 48 inches, consistent
with the rest of the pedestrian access
route in the public right-of-way. The
Board concurred, but also provided an
exception allowing a minimum width
between handrails of 36 inches (915
mm) for ramps that exclusively serve a
building entrance.

The rise for any ramp run is 30 inches
(760 mm) maximum (R407.5). Landings
must be provided at the top and bottom
of each ramp run (R407.6). Landing
slopes must be 1:48 (2.1%) maximum
parallel and perpendicular to the ramp
running slope. Landings are 60 inches
(1525 mm) long minimum (R407.6.3)
and as wide as the widest ramp run
leading to the landing (R407.6.2). Ramps
that change direction between runs at
landings must have a clear landing 60
inches (1525 mm) minimum by 60
inches (1525 mm) minimum where the
ramps change direction (R407.6.4). A
state DOT requested 48 inch (1220 mm)
minimum landings; the Board declines
this suggestion as switchbacks require
more space for maneuvering. A state
disability board requested that the
Board clarify that handrails cannot
overlap the minimum clear dimensions
of the landing. The Board does not think
this modification to the rule text is
needed, as R407.4 indicates that clear
width is measured inside any handrails.

Surfaces of ramp runs and landings
comply with R302.6, except that
changes in level, are not permitted
(R407.7). Ramp runs with a rise greater
than 6 inches (150 mm) must have
handrails complying with R409
(R407.8).

Edge protection must be provided on
each side of ramp runs and each side of
ramp landings, except those serving an
adjoining ramp run, stairway, or other
pedestrian circulation path (R407.9). In
the final rule, this provision has been
revised for clarity. There are two
options for edge protection. One is to
extend the surface of the ramp run or
landing 12 inches (305 mm) minimum
beyond the inside face of the handrail
(R407.9.1). The other is to provide a 4-
inch (100 mm) high curb or a barrier
that prevents the passage of a 4-inch
sphere (R407.9.2). In the final rule, the
Board has specified the minimum
height of the curb for clarity and
consistency with guidance for the 2004
ABA and ADA Accessibility Guidelines.

See U.S. Access Board, Guide to ADA
Accessibility Standards, ‘‘Edge
Protection’’ available at https://
www.access-board.gov/ada/guides/
chapter-4-ramps-and-curb-ramps/
(stating, ‘‘Curbs if used must be at least
4’’ high’’). The Board emphasizes that
only one edge protection option is
required; if a curb or barrier is provided,
the extended surface is not required.

R408 Stairs
Technical accessibility requirements
for stairs are needed for individuals
with disabilities who are ambulatory
and use stairs. For example, a person
who drags a foot may catch it on a
nosing if it does not comply with the
requirements. For individuals who walk
with difficulty or have challenges with
balance, it is often preferable to use
stairs rather than a ramp when both are
provided as stairs may represent a
shorter distance to be traveled or a more
even surface.

The final technical requirements for
stairs in the public right-of-way are
almost identical to the requirements for
stairs in the 2004 ADA and ABA
Accessibility Guidelines, and those
proposed in the NPRM with two
exceptions. First, consistent with the
requirements in the 2004 ADA and ABA
Accessibility Guidelines but different
than the NPRM, the Board has clarified
at R408.4 that treads are permitted to
have a slope of 1:48 (2.1%) maximum.

Second, in response to a request from
over 80 commenters, the Board has
added a requirement for visual contrast
on stair treads and landings.

All steps on a flight of stairs must
have uniform riser heights and uniform
tread depths (R408.2). Risers must be 4
inches (100 mm) high minimum and 7
inches (180 mm) high maximum. Treads
must be 11 inches (280 mm) deep
minimum. Two commenters requested
that the Board permit the bottom riser
to be of varying height to accommodate
the grade of the sidewalk. The Board
does not find that a modification to the
rule text is needed to account for this
scenario. DOJ regulations implementing
accessibility requirements under Title II
of the ADA state that full compliance
with the relevant accessibility
requirements is not required in the
context of new construction where a
public entity can demonstrate that it is
structurally impracticable to meet the
requirements. 28 CFR 35.151. In
alterations, where compliance with a
requirement is technically infeasible,
compliance is required to the maximum
extent feasible (see R202.3).

Open risers are not permitted
(R408.3). Stair treads must comply with
technical requirements for surface
characteristics at R302.6, except that
changes in level are not permitted
(R408.4). However, treads may have a
slope not steeper than 1:48 (2.1%).

The radius of curvature at the leading
edge of the tread must be 0.5 inches (13
mm) maximum (R408.5). If the nosing
projects beyond the riser, the underside
of the leading edge of the nosing must
be curved or beveled. Risers are
permitted to slope under the tread at an
angle of 30 degrees maximum from
vertical. The nosing may project 1.5
inches (38 mm) maximum over the tread
below.

The leading edge of each step tread
and top landing must be marked by a 1-
inch (25 mm) wide stripe (R408.6). The
stripe must contrast visually with the
rest of the step tread or circulation path
surface, either light-on-dark or dark-onlight. In adopting a requirement for contrast striping, the Board notes that a
1- to 2-inch stripe of contrasting color
(either dark-on-light or light-on dark) is
required by American National
Standard (ANSI) through adoption of
international building codes (IBC) to
help users distinguish each step.19 In
19 ‘‘Accessible and Usable Buildings and
Facilities,’’ American National Standard (2009): 41,

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53647 addition, the Access Board requires
contrast striping on vehicle stairs to
assist individuals with low vision
distinguish between steps. 36 CFR part
1192, Appx. A T405.3. The Board has
assessed the costs of contrast striping on
stairs and finds them reasonable with
respect to the accessibility for persons
with low vision. FRIA at 109.

Stairs must have handrails complying
with the technical requirements for
handrails at R409.

R409 Handrails
Wherever handrails are provided in
the public right-of-way, regardless of
whether or not they are required, they
must comply with technical
requirements for handrails. The Board
received several comments in response
to the handrails technical requirements
in the NPRM asking the Board to clarify
where handrails are required. Again,
handrails are required on ramps and
stairs (R409.2); they are not required on
curb ramps or pedestrian circulation
paths complying with the grade
requirements at R302.4. The Board
added a statement to R409.1 clarifying
that R409 does not apply to curb ramps.

The technical requirements for
handrails in the final rule are
substantively the same as the technical
requirements in the NPRM. The Board
provided clarification, described below,
as to how jurisdictions are to handle
scenarios where handrail extensions
would reduce the clear width of a
pedestrian access route (see R409.10).

Handrails must be continuous within
the full length of each ramp run or stair
flight (R409.3). Inside handrails on
switchback or dogleg ramps and stairs
must be continuous between ramp runs
or stair flights.

The top of handrail gripping surfaces
must be between 34 inches (865 mm)
and 38 inches (965 mm) above walking
surfaces, ramp surfaces, and stair
nosings (R409.4). Handrails must be
installed at a consistent height. There
must be at least 1.5 inches (38 mm)
between the handrail gripping surface
and any other adjacent surface to allow
sufficient room to grip the handrail
(R409.5).

Handrail gripping surfaces must be
continuous along their length and
unobstructed along their tops and sides
(R409.6). The bottoms of handrail
gripping surfaces must not be obstructed
for more than 20 percent of their length.

Any horizontal projections must be at
least 1.5 inches (38 mm) below the
bottom of the handrail gripping surface.
access from ANSI A117.1 (2009): Accessible and
Usable Buildings and Facilities (mzarchitects.com)
Handrail gripping surfaces’ cross
sections comply with either R409.7.1
(circular) or R409.7.2 (non-circular).

Where expansion joints are necessary
for large spans of handrails, the
expansion joint cross section may be
smaller than the specified cross section
diameters for sections no more than 1
inch (25 mm) long. Handrail gripping
surfaces with a circular cross section
must have an outside diameter of 1.25
inches (32 mm) minimum and 2 inches
(51 mm) maximum (R409.7.1). Handrail
gripping surfaces with a non-circular
cross section must have a perimeter
dimension of 4 inches (100 mm)
minimum and 6.25 inches (160 mm)
maximum, and a cross-section
dimension of 2.25 inches (57 mm)
maximum (R409.7.2). Handrail gripping
surfaces and any surfaces adjacent must
not be sharp or abrasive and must have
rounded edges (R409.8).

Handrails must not rotate within their
fittings; however, where expansion
joints are necessary for large spans of
handrails, the expansion joint may
rotate in its fitting (R409.9).

Handrail gripping surfaces must
extend beyond and in the same
direction of ramp runs and stair flights
in accordance with R409.10. In response
to a comment from a state DOT
requesting clarity on the requirement for
handrail extensions where they would
protrude into a pedestrian circulation
path, the Board has clarified that in new
construction on undeveloped land,
handrails must not extend into a
roadway or pedestrian circulation path.

However, in alterations, if handrail
extensions complying with R409.10
would reduce the clear width of a
pedestrian access route, they shall
extend as far as possible without
reducing the clear width. Extensions are
not required for continuous handrails at
the inside turn of switchback or dogleg
ramps and stairs.

The required extensions are as
follows. Ramp handrails must extend
horizontally above the landing for 12
inches (305 mm) minimum beyond the
top and bottom of ramp runs
(R409.10.1). Extensions must either
return to a wall, guard, or the landing
surface, or be continuous to the handrail
of an adjacent ramp run. At the top of
a stair flight, handrails must extend
horizontally above the landing for 12
inches (305 mm) minimum beginning
directly above the first riser nosing
(R409.10.2). Extensions must either
return to a wall, guard, or the landing
surface, or be continuous to the handrail
of an adjacent stair flight.

At the bottom of a stair flight,
handrails must extend at the slope of
the stair flight for a horizontal distance
at least equal to one tread depth beyond
the last riser nosing (R409.10.3).

Extensions must either return to a wall,
guard, or the landing surface, or be
continuous to the handrail of an
adjacent stair flight.

R410 Visual Characters on Signs
Technical requirements for pedestrian
signs provide accessibility to
pedestrians with low vision. As stated
in the scoping at R208, all signs on
shared use paths and all other signs in
the public right-of-way intended for
pedestrians other than those explicitly
excepted are required to comply with
the technical requirements. The Board
notes, in response to a local government
comment, that a noncompliant sign
accompanied by a compliant sign does
not meet the requirements. All signs
covered by the scoping must comply
with the technical requirements.

The only change to the final technical
requirements for signs from the
proposed provisions is that the Board
has relocated the requirement for height
to the end of the section as a more
logical placement. The technical
requirements for visual characters on
signs are substantively identical to the
character requirements in the 2004 ADA
and ABA Accessibility Guidelines. 36
CFR part 1191, Appx. D 703.

Characters and their background must
have a non-glare finish (R410.2),
contrast with their background (R410.2),
and be conventional in form (R410.4).

Characters may be uppercase or
lowercase or a combination of both
(R410.3).

Characters must be selected from
fonts where the width of the uppercase
letter ‘‘O’’ is 55 percent minimum and
110 percent maximum of the height of
the uppercase letter ‘‘I’’ (R410.5).

Minimum character heights are
specified in Table R410.6. The viewing
distance is measured as the horizontal
distance between the character and an
obstruction preventing further approach
towards the sign (R410.6). Character
height is based on the uppercase letter
‘‘I’’.

Stroke thickness (R410.7), character
spacing (R410.8), and line spacing
(R410.9) are specified. Visual characters
must be at least 40 inches (1015 mm)
above the ground surface.
411 International Symbol of
Accessibility
The International Symbol of
Accessibility (ISA) is provided as a
figure. Wherever the ISA is used, it must
have a non-glare finish and contrast
with its background. In the final rule,
this provision has been slightly
restructured, but there are no

53648 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations substantive changes from the proposed
requirements.

VII. Regulatory Process Matters
A. Regulatory Planning and Review
(Executive Orders 12866 and 13563)
The Office of Management and Budget
has reviewed this final rule pursuant to
E.O. 12866, 58 FR 51735 (Sept. 30,
1993), Principles of Regulations, and
E.O. 13563, 76 FR 3821, (Jan. 21, 2011),
Improving Regulation and Regulatory
Review.

The USDOT Volpe Center prepared
the final regulatory impact analysis
(FRIA) on behalf of the Access Board.

The FRIA is available on the Access
Board’s website at www.accessboard.gov and in the regulatory docket at www.regulations.gov. The FRIA
estimates the annual costs of PROWAG,
and describes the significant benefits,
some of which are quantifiable. While
the benefits of regulations that ensure
civil rights cannot be fully quantified
and monetized, according to the Volpe
Center’s estimates, the monetizable
benefits of this final rule far outweigh
the costs. The Board concludes that
consistent with E.O. 13563, the benefits
of this final rule, (quantitative and
qualitative) justify the costs.

Pursuant to E.O. 13563, the Volpe
Center has used ‘‘the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible’’; however, the
final rule and the underlying statutes
create many important benefits that, in
the words of E.O. 13563, stem from
‘‘values that are difficult or impossible
to quantify.’’ In addition to considering
the rule’s quantitative effects, the Board
has considered the rule’s qualitative
effects.

Executive Order 13563 states that in
making a reasoned determination that a
regulation’s benefits justify its costs,
‘‘each agency may consider and (discuss
qualitatively) values that are difficult or
impossible to quantify, including
equity, human dignity, fairness, and
distributive impacts.’’ The proposed
guidelines promote important societal
values that are difficult or impossible to
quantify. When enacting the ADA,
Congress found ‘‘the discriminatory
effects of architectural, transportation,
and communication barriers’’ to be a
continuing problem that ‘‘denies people
with disabilities the opportunity to
compete on an equal basis and to pursue
those opportunities for which our free
society is justifiably famous, and costs
the United States billions of dollars in
unnecessary expenses resulting from
dependency and nonproductivity.’’ 42
U.S.C. 12101(a)(5) and (9).

Congress declared that ‘‘the Nation’s
proper goals regarding individuals with
disabilities are to assure equality of
opportunity, full participation,
independent living, and economic selfsufficiency.’’ 42 U.S.C. 12101(a)(8). This final rule promotes the goals declared
by Congress by eliminating the
discriminatory effects of architectural,
transportation, and communication
barriers in the design and construction
of pedestrian facilities in the public
right-of-way. The proposed guidelines
are also important to achieving the
benefits of the other parts of the
Americans with Disabilities Act. As the
House Report for the Americans with
Disabilities Act stated, ‘‘[t]he
employment, transportation, and public
accommodation sections . . . would be
meaningless if people who use
wheelchairs were not afforded the
opportunity to travel on and between
the streets.’’ H.R. 485, 101st Cong., 2d
Sess. 84 (1990).

In the FRIA, the Volpe Center
provides benefits and costs calculated
relative to a no-action baseline, which
represents a continuation of existing
state and local design standards and
construction practices. The details of
the baseline vary significantly across
PROWAG provisions, because in some
areas existing practices align fairly
closely with PROWAG, while in other
cases there are larger differences.

The FRIA describes the methodology
used to calculate compliance costs and
associated benefits, including data
sources, key input values and
assumptions, calculation methods, and
information on potential limitations and
sources of uncertainty. This
methodology is then applied to estimate
the costs and benefits of major
PROWAG provisions on a lifecycle
basis, relative to a no-action baseline.

The below summarizes the quantified
cost and benefit estimates. The FRIA
also presents a discussion of potential
compliance costs for pedestrian
overpasses and underpasses; sidewalk
dimensions and materials; handrails;
public street toilets; transit stops and
shelters; and alternate pedestrian access
routes. However, these are not listed in
the summary table because they are
expected to have little to no overall cost
impact relative to the baseline.

Similarly, a number of other benefits
were identified that could not be
monetized using the available data.

As the relevant analysis time periods
can vary by provision, the costs and
benefits have been converted to
annualized equivalents (using 3% and
7% discount rates) to ease comparisons.

As the figures indicate, estimated
monetized benefits exceed estimated
compliance costs by a considerable
margin. However, some of the most
important benefits of this rule, in the
form of equal access to public facilities,
personal freedom and independence,
and the elimination of accessibility
barriers to mobility, are not quantified
due to the inherent difficulty in
monetizing such impacts.

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

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53649 SUMMARY OF ESTIMATED BENEFITS AND COSTS—Continued
PROWAG provision
Annualized
cost/benefit
($ millions, 7%
discounting to
2021 base year)
Annualized
cost/benefit
($ millions, 3%
discounting to
2021 base year)
Time period
analyzed
(years)
Total Costs ......................................................................................................... 196.7 236.5 ..............................

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

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

1. Statement of the Need for, and
Objectives of, the Rule
The Access Board’s current
accessibility guidelines, the 2004 ADA
and ABA Accessibility Guidelines, were
developed primarily for buildings and
facilities on sites. Some of the
requirements in the 2004 ADA and ABA
Accessibility Guidelines can be readily
applied to pedestrian facilities in the
public right-of-way, but other
requirements are developed specifically
for pedestrian facilities in the public
right-of-way and address conditions and
constraints that existin the public rightof-way.

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

2. Statement of Significant Issues Raised
by Public Comments in Response to the
Initial Regulatory Flexibility Analysis
The NPRM received 14 comments
from entities considered ‘‘small’’, i.e.,
government entities with a population
under 50,000. In these comments, the
most common concern was about the
cost of APS, although in at least some
instances this was due to a
misunderstanding that the final rule
requires retrofitting equipment, which is
not the case. This final rule applies only
to new construction and alterations.

Other comments asked clarifying
questions about definitions and the
applicability of the proposed rule, and
one commentor explicitly supported the
proposed rule in its entirety.

The Access Board carefully
considered all comments, including
those from small government entities,
and revised the final rule in light of
those comments. No changes were
made, however, that solely affect small
government entities.

3. Response of the Agency to Any
Comments Filed by the Chief Counsel
for Advocacy of the Small Business
Administration in Response to the
Proposed Rule
No comments were filed by the Chief
Counsel for Advocacy of the Small
Business Administration in response to
the proposed rule.

4. Small Governmental Jurisdictions
Affected by Proposed Accessibility
Guidelines
The number of small governmental
jurisdictions with a population less than
50,000 affected by the proposed
guidelines is shown in the table
below.20 The total number of
jurisdictions with populations under
50,000 is 36,931.

Governmental jurisdictions Population
under 10,000
Population
10,000 to
24,999
Population
25,000 to
49,999
County .......................................................................................................................................... 687 807 611 Municipal ...................................................................................................................................... 16,432 1,559 738 Town or Township ....................................................................................................................... 14,997 784 316 Total ...................................................................................................................................... 32,206 3,150 1,665 More than 65 percent of municipal
governments (12,701) and almost 75
percent of towns and townships
(12,062) have a population of less than
2,500. Many of these small
governmental jurisdictions are located
in rural areas, which generally do not
construct pedestrian transportation
networks (e.g., sidewalks, pedestrian
street crossings, and pedestrian signals).

In addition, some jurisdictions do not
have full responsibility for all rights-ofway within their town or county boundaries, and accordingly would only
be affected by this final rule with
respect to the right-of-way that is in
their purview. For example, in
Delaware, North Carolina, and West
Virginia, the State DOT is responsible
for the management of roadways, which
means that small governmental
jurisdictions in these states 21 are less
likely to be burdened by the final rule,
as the State DOTs may be primarily
20 Source: U.S. Census Bureau 2017 Census of
Governments available at: https://www.census.gov/
data/tables/2017/econ/gus/2017-governments.html.
21 There are 90 counties and 821 municipal
governments with population under 50,000 per U.S.

Census data in these three states.

53650 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations responsible for the affected
infrastructure.

5. Compliance Requirements
The public rights-of-way accessibility
guidelines address the design,
construction, and alteration of
pedestrian facilities in the public rightof-way, including sidewalks, crosswalks, pedestrian overpasses and
underpasses, curb ramps and blended
transitions at crosswalks, pedestrian
signals, street furniture (i.e., drinking
fountains, public toilet facilities, tables,
counters, and benches), pedestrian
signs, transit stops and transit shelters
for buses and light rail vehicles, onstreet parking that is marked or metered, and passenger loading zones. The
Section-by-Section Analysis of the
preamble describes the proposed
accessibility guidelines. Compliance
with the proposed accessibility
guidelines is not mandatory until they
are adopted, with or without additions
and modifications, as accessibility
standards by other Federal agencies.

There are no reporting or recordkeeping
requirements.

6. Significant Alternatives Which
Minimize Any Significant Economic
Impacts on Small Entities
The regulatory assessment analyzes
the following five requirements in the
final rule that will have more than
minimal impacts on state and local
transportation departments:
• Accessible pedestrian signals and
pedestrian pushbuttons required when
pedestrian signals are newly installed or
altered at signalized intersections.

Accessible pedestrian signals and
pedestrian pushbuttons communicate
the information about the WALK and
DON’T WALK intervals at signalized
intersections in non-visual formats (i.e.,
audible tones and vibrotactile surfaces)
to pedestrians who are blind or have
low vision.
• Pedestrian activated signals or
raised crossings at roundabouts with
pedestrian street crossings. A
roundabout is a circular intersection
with yield control at entry, which
permits a vehicle on the circulatory
roadway to proceed, and with deflection
of the approaching vehicle counterclockwise around a central island.

Pedestrian activated signals or raised
crossings are required at roundabouts
with pedestrian street crossings to
facilitate crossing by pedestrians who
are blind or have low vision. Some
small governmental jurisdictions with a
population less than 50,000 do
construct roundabouts, and accordingly
may be affected by this requirement,
although they may only construct a
small number of roundabouts.
• Accessible shared use paths located
in the public right-of-way. The shared
use paths requirements that are likely to
impose costs include those related to
detectable warning surfaces, grade, and
trail surface. The existing data suggests
that shared use paths in small
governmental jurisdictions are not
necessarily any more or less compliant
than all shared use paths in the U.S.,
suggesting that this will be an area of
costs for small jurisdictions in line with
the overall prevalence of shared use
paths.
• One curb ramp per street crossing
provided at each corner of intersections.

Existing guidelines allow for a single
diagonal curb ramp serving street
crossings; however, the final rule will
require two parallel or perpendicular
curb ramps. There is no requirement
where no pedestrian crossing exists.
• On-street parking must meet
minimum thresholds for the number of
accessible spaces per block perimeter or
other location. On-street parking is
typically found along the curbside in
retail, office, and mixed-use areas, butit
is unknown how common this type of
parking is in small governmental
jurisdictions.

There are no significant alternatives
that will minimize any significant
impacts of these requirements on small
governmental jurisdictions and achieve
the objectives of the ADA, Section 504
of the Rehabilitation Act, and the ABA
to eliminate the discriminatory effects of
architectural, transportation, and
communication barriers in the design
and construction of pedestrian facilities
in the public right-of-way.

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

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

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

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

List of Subjects in 36 CFR Part 1190
Buildings and facilities, Civil rights,
Federal buildings and facilities,
Highways and roads, Individuals with
disabilities, Parking, Rights-of-way,
Transportation.

Approved by vote of the Access Board on
March 15, 2023.

Christopher Kuczynski,
General Counsel.
■ Accordingly, for the reasons set forth
in the preamble, the Access Board adds
36 CFR part 1190 to read as follows:

PART 1190—ACCESSIBILITY

GUIDELINES FOR PEDESTRIAN
FACILITIES IN THE PUBLIC RIGHT-OFWAY
Sec.
1190.1 Accessibility Guidelines.

Appendix to Part 1190—Accessibility
Guidelines for Pedestrian Facilities in
the Public Right-of-Way
Authority: 29 U.S.C. 792; 42 U.S.C. 12204;
42 U.S.C. 4151 et seq.
§ 1190.1 Accessibility Guidelines.

The accessibility guidelines for
pedestrian facilities in the public rightPage 1139 of 1180 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53651 of-way are set forth in the appendix to
this part. When the guidelines are
adopted, with or without additions and
modifications, as accessibility standards
in regulations issued by other Federal
agencies implementing the Americans
with Disabilities Act, Section 504 of the
Rehabilitation Act, and the
Architectural Barriers Act, compliance
with the accessibility standards is
mandatory.

Appendix to Part 1190—Accessibility
Guidelines for Pedestrian Facilities in
the Public Right-of-Way
Chapter 1: Application and Administration
R101 Purpose and Application
R101.1 Purpose. These guidelines contain
scoping and technical requirements to ensure
that pedestrian facilities located in the public
right-of-way (including a public right-of-way
that forms the boundary of a site or that lies
within a site bounded by a property line), are
readily accessible to and usable by
pedestrians with disabilities.

R101.2 Application to ADA-Covered
Facilities. These guidelines apply to
pedestrian facilities in public rights-of-way to
the extent required by regulations issued by
Federal agencies under the Americans with
Disabilities Act of 1990, as amended (42
U.S.C. 12101 et seq.) (ADA).

R101.3 Application to ABA-Covered
Facilities. These guidelines apply to
pedestrian facilities in public rights-of-way to
the extent required by regulations issued by
Federal agencies under the Architectural
Barriers Act of 1968 (42 U.S.C. 4151 et seq.)
(ABA).

R101.4 Effect on Existing Pedestrian
Facilities. These guidelines do not address
existing pedestrian facilities unless the
pedestrian facilities are altered at the
discretion of a covered entity. The
Department of Justice has authority over
existing facilities that are subject to the
requirement for program access under title II
of the ADA. Any determination that this
document applies to existing facilities subject
to the program access requirement is solely
within the discretion of the Department of
Justice and is effective only to the extent
required by regulations issued by the
Department of Justice.

R102 Deviations From These Guidelines
R102.1 ADA-Covered Facilities and
Equivalent Facilitation. The use of alternative
designs, products, or technologies that result
in substantially equivalent or greater
accessibility and usability than the
requirements in these guidelines shall be
permitted for pedestrian facilities in the
public right-of-way subject to the ADA.

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

R103 Conventions
R103.1 Conventional Industry
Tolerances. All dimensions are subject to
conventional industry tolerances except
where requirements are stated as a range with
specific minimum or maximum endpoints.

R103.2 Calculation of Percentages. Where
the required number of elements or facilities
to be provided is determined by calculations
of ratios or percentages and remainders or
fractions result, the next greater whole
number of such elements or facilities shall be
provided.

R103.3 Units of Measurement.

Measurements are stated in U.S. customary
units and metric units. The values stated in
each system (U.S. customary units and metric
units) may not be exact equivalents, and each
system shall be used independently of the
other. Slopes are expressed in terms of both
ratios and percentages. Ratios and
percentages may not be exact equivalents,
and each shall be used independently of the
other.

R104 Definitions
R104.1 Undefined Terms. Terms that are
not defined in R104.3 or in regulations issued
by the Department of Justice and the
Department of Transportation under the
ADA, the four standard setting agencies
under the ABA or other Federal agencies that
adopt these guidelines as accessibility
standards shall be given their ordinarily
accepted meaning in the sense that the
context implies.

R104.2 Interchangeability. Words, terms,
and phrases used in the singular include the
plural and those used in the plural include
the singular.

R104.3 Defined Terms. For the purpose of
these guidelines, the following terms have
the indicated meaning:

Accessible. A pedestrian facility or element
in the public right-of-way that complies with
these guidelines.

Accessible Pedestrian Signal. A device that
communicates information about pedestrian
signal timing in non-visual formats such as
audible tones or speech messages, and
vibrating surfaces.

Alteration or altered. A change to or an
addition of a pedestrian facility in an
existing, developed public right-of-way that
affects or could affect pedestrian access,
circulation, or usability.

Blended Transition. A wraparound
connection at a corner, or a flush connection
where there is no curb to cut through, other
than a curb ramp.

Block Perimeter. The near side of the
streets surrounding a block. For example, on
a square block bounded by Main Street to the
south, Pine Street to the north, 1st Street to
the east, and 2nd Street to the west, the block
perimeter includes the north side of Main
Street, the south side of Pine Street, the west
side of 1st Street, and the east side of 2nd
Street.

Boarding Platform. A platform raised above
standard curb height used for transit vehicle
boarding and alighting.

Building. Any structure used or intended
for supporting or sheltering any use or
occupancy.

Crosswalk. That part of a roadway that is
located at an intersection included within the
connections of the lateral lines of the
pedestrian circulation paths on opposite
sides of the highway measured from the
curbs, or in the absence of curbs, from the
edges of the traversable roadway, and in the
absence of a pedestrian circulation path on
one side of the roadway, the part of a
roadway included within the extension of the
lateral lines of the pedestrian circulation
path at right angles to the center line; or at
any portion of a roadway at an intersection
or elsewhere distinctly indicated as a
pedestrian crossing by pavement marking
lines on the surface. Crosswalks at
intersections may be marked or unmarked.

Cross Slope. The slope that is
perpendicular to the direction of pedestrian
travel.

Curb. A raised feature along the side of a
street that delineates the edge of the roadway
or pedestrian circulation path.

Curb Line. A line at the face of the curb
that marks the transition between the curb
and the gutter or street.

Curb Ramp. A sloped connection that is
cut through or built up to a curb. Curb ramps
may be perpendicular or parallel to the curb
or to the street they serve or be a combination
thereof.

Detectable Warning Surface. A
standardized surface feature built in or
applied to pedestrian circulation paths and
other pedestrian facilities to warn of hazards.

Developed. Containing buildings,
pedestrian facilities,roadways, utilities, or
elements.

Element. An architectural or mechanical
component of a building, pedestrian facility,
space, site, or public right-of-way.

Grade. See Running slope.

Grade Break. The line where two surface
planes with different running slopes meet.

Highway. A generalterm denoting a public
way for purposes of vehicular travel,
including the entire area within the public
right-of-way.

Median. The area between two roadways of
a divided highway measured from edge of
traveled way to edge of traveled way. The
median excludes turn lanes. The median
width might be different between
intersections, interchanges, and at opposite
approaches of the same intersection.

Operable Part. A component of an element
used to insert or withdraw objects, or to
activate, deactivate, or adjust the element, or
to interact with the element.

Parallel Curb Ramp. A curb ramp with a
running slope that is parallel to the curb or
street it serves.

Passenger Loading Zone. An area that is
specifically designed or designated for

53652 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations loading and unloading passengers, but that
does not primarily serve vehicles on a fixed
or scheduled route.

Pedestrian. A person on foot, travelling by
wheelchair or other mobility device, on
skates, or on a skateboard.

Pedestrian Access Route. An accessible,
continuous, and unobstructed path of travel
for use by pedestrians with disabilities
within a pedestrian circulation path.

Pedestrian Activated Warning Devices.

Devices that are installed in conjunction with
a warning sign and are activated to alert
vehicle operators to the presence of a
pedestrian, such as rectangular rapid flashing
beacons.

Pedestrian Change Interval. An interval
during which the flashing upraised hand
(symbolizing ‘‘don’t walk’’) signal indication
is displayed.

Pedestrian Circulation Path. A prepared
exterior or interior surface provided for
pedestrian use in the public right-of-way.

Pedestrian Facility. A structure, route, or
space for pedestrian circulation or use
located in the public right-of-way.

Pedestrian Hybrid Beacon. A special type
of hybrid beacon used to warn and control
traffic at an unsignalized location to assist
pedestrians in crossing a street at a marked
crosswalk.

Pedestrian Refuge Island. A defined area
72 inches (1828 mm)long minimum in the
direction of pedestrian travel located
between traffic lanes for pedestrian refuge
within a median, splitter island, or
channelizing island.

Pedestrian Signal Head. A device
containing the walking person symbol
(symbolizing ‘‘walk’’) and the upraised hand
symbol (symbolizing ‘‘don’t walk’’), that is
installed to direct pedestrian traffic at a
crosswalk.

Perpendicular Curb Ramp. A curb ramp
with a running slopethat is perpendicular to
the curb or the street it serves.

Public Right-of-Way. Public land acquired
for or dedicated to transportation purposes,
or other land where there is a legally
established right for use by the public for
transportation purposes.

Push Button. A button to activate a device
or signal timing for pedestrians, bicyclists, or
others crossing a roadway.

Push Button Locator Tone. A repeating
sound that informs approaching pedestrians
that a push button exists to actuate
pedestrian timing or receive additional
information and that enables pedestrians
who are blind or have low vision to locate
the push button.

Qualified Historic Building or Facility. A
building or facility that is listed in or eligible
for listing in theNationalRegister ofHistoric
Places or designated as historic under an
appropriate state or local law.

Ramp. A sloped walking surface with a
running slope steeper than 1:20 (5.0%) that
accomplishes a change in level and is not
part of a pedestrian circulation path that
follows the roadway grade. A curb ramp is
not a ramp.

Roadway. That portion of a highway
improved, designed, or ordinarily used for
vehicular travel and parking lanes, but
exclusive of the sidewalk, berm, or shoulder.

Roundabout. A circular intersection with
yield control at entry, which permits a
vehicle on a circular roadway to proceed, and
with deflection of the approaching vehicle
counterclockwise around a central island.

Running Slope. The slope that is parallel
to the direction of pedestrian travel.

Shared Use Path. A multi-use path
designed primarily for use by bicyclists,
pedestrians, and other authorized motorized
and non-motorized users, for transportation
purposes, and that may also be used for
recreation. Shared use paths are physically
separated from motor vehicle traffic by an
open space or barrier and are either within
the highway or other public right-of-way.

Sidewalk. That portion of a highway
between the curb line, or the lateral line of
a roadway, and the adjacent property line, or
on easements of private property, that is
paved or improved and intended for use by
pedestrians.

Splitter Island. A median island used to
separate opposing directions of traffic
entering and exiting a roundabout.

Stair. A change in elevation comprised of
at least one tread and riser. A curb is not a
stair.

Standard Curb Height. The typical height
of a curb according to local standards for a
given road type, but usually between 3
inches (75 mm) and 9 inches (230 mm) high
relative to the surface of the roadway or
gutter.

Street. See Roadway.

Transit Shelter. A structure provided at a
transit stop to provide passengers protection
from the weather.

Transit Stop. An area that is designated for
passengers to board or alight from buses, rail
cars, and other transportation vehicles that
operate on a fixed route or scheduled route,
including bus stops and boarding platforms.

This definition does not include intercity rail
except where a stop is located in the public
right-of-way.

Transitional Segment. The portion of a
pedestrian circulation path that connects
adjacent surfaces with different slopes or
dimensions to provide a smooth transition.

Traveled Way. The portion of the roadway
for the movement of vehicles, exclusive of
the shoulder, berm, sidewalk, and parking
lane.

Vibrotactile. A method of communicating
information by touch using a vibrating
surface.

Walk Interval. An interval during which
the walking person (symbolizing ‘‘walk’’)
signal indication is displayed.

Chapter 2: Scoping Requirements
R201 General
R201.1 Scope. All newly constructed
pedestrian facilities and altered portions of
existing pedestrian facilities for pedestrian
circulation and use located in the public
right-of-way shall comply with these
guidelines.

Exception: Pedestrian facilities within
vaults, tunnels, and other spaces used only
by service personnel for maintenance, repair,
or monitoring of equipment are not required
to comply with these guidelines.

R201.2 Temporary and Permanent
Pedestrian Facilities. The requirements in
these guidelines shall apply to temporary and
permanent pedestrian facilities and elements
in the public right-of-way. Where a
pedestrian circulation path or transit stop is
temporarily closed by construction,
maintenance operations, or similar
conditions, an alternate pedestrian access
route or transit stop shall be provided in
accordance with R204.

R201.3 Buildings, Structures, and
Elements. Buildings, structures, and elements
in the public right-of-way that are not
covered by the requirements in these
guidelines shall comply with the applicable
requirements in 36 CFR part 1191 (ADA &
ABA Accessibility Guidelines). Examples
include, but are not limited to, buildings,
structures, and elements at safety rest areas
or park and ride lots, temporary performance
stages and reviewing stands.

R202 Alterations
R202.1 General. Alterations to pedestrian
facilities shall comply with R202.

R202.2 Connection to Pedestrian
Circulation Path. Where pedestrian facilities
are altered, they shall be connected by a
pedestrian access route complying with R302
to an existing pedestrian circulation path. A
transitional segment may be used in the
connection.

R202.3 Existing Physical Constraints. In
alterations, where existing physical
constraints make compliance with applicable
requirements technically infeasible,
compliance with these requirements is
required to the maximum extent feasible.

Existing physical constraints include, but are
not limited to, underlying terrain,
underground structures, adjacent developed
facilities, drainage, or the presence of a
significant natural or historic feature.

R202.4 Reduction in Access Prohibited.

An alteration to pedestrian facilities or
elements shall not decrease the accessibility
of an existing pedestrian facility or element
or an accessible connection to an adjacent
building or site below the requirements in
these guidelines.

R202.5 Alterations to Qualified Historic
Facilities. Where the State Historic
Preservation Officer or Advisory Council on
Historic Preservation determines that
compliance with an applicable requirement
of these guidelines would threaten or destroy
the historic significance of a qualified
historic building or facility, compliance with
that requirement is required to the maximum
extent feasible without threatening or
destroying the historic significance of the
qualified historic building or facility.

R203 Pedestrian Access Routes
R203.1 General. Where provided, the
pedestrian facilities addressed in R203 shall
contain or connect a pedestrian access route,
and shall comply with these guidelines.

R203.2 Connection to Accessible
Facilities. Pedestrian access routes shall
connect accessible elements, spaces, and
pedestrian facilities in accordance with
R203.2.

R203.2.1 Connection to Accessible
Facilitiessubject to the ADA. Pedestrian
access routes subject to the ADA shall
connect accessible elements, spaces, and

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53653 pedestrian facilities required to be accessible
and connect to accessible routes required by
section 206.2.1 of appendix B to 36 CFR part
1191 (ADA & ABA Accessibility Guidelines)
that connect building and facility entrances
to public streets and sidewalks.

Exception: Where elements are altered, on
or adjacent to an existing pedestrian
circulation path, the existing pedestrian
circulation path need not be altered to
provide a pedestrian access route complying
with R202.2.

R203.2.2 Connection to Accessible
Facilities subject to the ABA. Pedestrian
access routes subject to the ABA shall
connect accessible elements, spaces, and
pedestrian facilities required to be accessible
and connect to accessible routes required by
section F206.2.1 of appendix C to 36 CFR
part 1191 (ADA & ABA Accessibility
Guidelines)that connect building and facility
entrances to public streets and sidewalks.

Exception: Where elements are altered, on
or adjacent to an existing pedestrian
circulation path, the existing pedestrian
circulation path need not be altered to
provide a pedestrian access route complying
with R202.2.

R203.3 Pedestrian Circulation Paths.

Pedestrian access routes complying with
R302 shall be provided within pedestrian
circulation paths, including sidewalks and
shared use paths. Transitional segments may
be used to connect new or altered pedestrian
access routes to existing pedestrian
circulation paths, and the differences
between adjacent surface characteristics shall
be minimized to provide a smooth transition.

R203.4 Crosswalks. A pedestrian access
route complying withR302 shall be provided
within and for the full length of a crosswalk,
including medians and pedestrian refuge
islands. Crosswalks shall comply with R306.

R203.5 Pedestrian At-Grade Rail
Crossing. Where a pedestrian circulation
path crosses at-grade rail tracks, a pedestrian
access route complying with R302 shall be
included within the pedestrian at-grade rail
crossing. Pedestrian at-grade rail crossings
shall comply with R306.

R203.6 Curb Ramps and Blended
Transitions. A curb ramp, blended transition,
or a combination of curb ramps and blended
transitions shall be provided in accordance
with R203.6 and shall comply with R304.

R203.6.1 Placement. Placement of curb
ramps and blended transitions shall comply
with R203.6.1.

R203.6.1.1 Crosswalks at an Intersection.

At an intersection corner, one curb ramp or
blended transition shall be provided for each
crosswalk, or a single blended transition that
spans all crosswalks at the intersection
corner may be provided. Where pedestrian
crossing is prohibited, curb ramps or blended
transitions shall not be provided, and the
pedestrian circulation path shall be either (a)
separated from the roadway with landscaping
or other non-prepared surface or (b)
separated from the roadway by a detectable
vertical edge treatment with a bottom edge 15
inches maximum above the pedestrian
circulation path.

Exception: In alterations, where existing
physical constraints make compliance with
R203.6.1.1 technically infeasible, a single
curb ramp complying with R304 shall be
permitted at the apex of the intersection
corner.

R203.6.1.2 Mid-Block and Roundabout
Crosswalks. At a mid-block or roundabout
crosswalk, curb ramps or blended transitions
shall be provided on both ends of the
crosswalk. Where pedestrian crossing is not
intended, curb ramps or blended transitions
shall not be provided, and the pedestrian
circulation path shall be either (a) separated
from the roadway with landscaping or other
non-prepared surface or (b) separated from
the roadway by a detectable vertical edge
treatment with a bottom edge 15 inches
maximum above the pedestrian circulation
path.

R203.6.1.3 Parallel On-Street Parking. At
parallel on-street parking spaces complying
with the dimensions specified inR310.2.1, a
curb ramp or blended transition shall be
provided at either end of the parking space
if needed to connect the parking space to a
pedestrian access route.

R203.6.1.4 Perpendicular and Angled OnStreet Parking and Passenger Loading Zones.

At perpendicular and angled on-street
parking spaces, and at passenger loading
zones, a curb ramp or blended transition
shall be provided if needed to connect the
access aisle to a pedestrian access route.

R203.6.2 Alterations to Crosswalks. When
alterations are made to crosswalks, curb
ramps or blended transitions shall be
provided on both ends of the crosswalk
where the pedestrian access route crosses a
curb.

R203.7 Pedestrian Overpasses and
Underpasses. Pedestrian overpasses and
underpasses shall contain a pedestrian
access route complying with R302. Where an
overpass, underpass, bridge, or similar
structure is designed for pedestrian use only,
or pedestrian and bicycle use only, and the
approach slope to the structure exceeds 1:20
(5.0%), a ramp complying with R407, or an
elevator or limited use/limited application
elevator complying with sections 407 or 408
of Appendix D to 36 CFR part 1191 (ADA &
ABA Accessibility Guidelines), shall be
provided. Elevators and limited use/limited
application elevators shall be unlocked and
independently usable during the operating
hours of the pedestrian facility served.

Exception: In alterations, where existing
physical constraints make compliance with
R203.7 technically infeasible, a platform lift
complying with section 410 of Appendix D
to 36 CFR part 1191 (ADA & ABA
Accessibility Guidelines) shall be permitted.

R203.8 Ramps. Where provided, ramps
shall comply with R407.

R203.9. Elevators and Limited Use/
Limited Application Elevators. Where
provided, elevators and limited use/limited
application elevators shall comply with
sections 407 or 408 of Appendix D to 36 CFR
part 1191 (ADA & ABA Accessibility
Guidelines).

R203.10 Platform Lifts. In alterations,
where the use of elevators or limited use
elevators is not technically feasible, platform
lifts may be used and shall comply with
section 410 of Appendix D to 36 CFR part
1191 (ADA & ABA Accessibility Guidelines).

R203.11 Doors, Doorways, and Gates.

Doors, doorways, and gates that are part of
a pedestrian access route shall comply with
section 404 of Appendix D to 36 CFR part
1191 (ADA & ABA Accessibility Guidelines).

R204 Alternate Pedestrian Access Routes,
Transit Stops, and Passenger Loading Zones
R204.1 Alternate Pedestrian Access
Route. When a pedestrian circulation path is
temporarily not accessible due to
construction, maintenance operations,
closure, or other similar conditions, an
alternate pedestrian access route must be
provided and comply with R303 and R402.

Exception: If establishing or maintaining
an alternate pedestrian access route is
technically infeasible due to site conditions
or existing physical constraints, an alternate
means of providing access for pedestrians
with disabilities shall be permitted.

R204.2 Alternate Transit Stops. Where
accessible transit stops are temporarily not
accessible due to construction, maintenance
operations, or other similar conditions,
alternate transit stops complying with R309
shall be provided.

R204.3 Alternate Passenger Loading
Zones. Where a permanently designated
passenger loading zone is temporarily not
accessible due to construction, maintenance
operations, or other similar conditions, and
a temporary passenger loading zone is
provided, it must comply with R311.

R205 Detectable Warning Surfaces
R205.1 General. Detectable warning
surfaces shall be provided in accordance
with R205.

R205.2 Curb Ramps and Blended
Transitions. Curb ramps shall have
detectable warning surfaces complying with
R205.2.1. Blended transitions shall have
detectable warning surfaces complying with
R205.2.2.

Exception: Detectable warning surfaces are
not required on curb ramps and blended
transitions used exclusively to connect
passenger loading zones, accessible parallel
on-street parking spaces, and access aisles for
perpendicular and angled parking spaces to
pedestrian access routes.

R205.2.1 Curb Ramps. Curb ramps
located at crosswalks shall have detectable
warning surfaces complying with R305.1 and
either R305.2.1 or R305.2.2.

R205.2.2 Blended Transitions. Blended
transitions located at crosswalks shall have
detectable warning surfaces complying with
R305.1 and R305.2.3.

R205.3 Pedestrian Refuge Islands. Cutthrough pedestrian refuge islands shall have detectable warning surfaces complying with
R305.1 and R305.2.4.

R205.4 Pedestrian At-Grade Rail
Crossings. Pedestrian at-grade rail crossings
not located within a street shall have
detectable warning surfaces complying with
R305.1 and R305.2.5. Pedestrian at-grade rail
crossings located within a street at a
crosswalk shall not have detectable warning
surfaces adjacent to the railway.

R205.5 Boarding Platforms. Boarding
platforms at transit stops that are not
protected by screens or guards along the
sides of the boarding and alighting areas
facing the transit vehicles shall have
detectable warning surfaces complying with
R305.1 and R305.2.6.

53654 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations R205.6 Sidewalk and Street-Level Rail
Boarding and Alighting Areas. Boarding and
alighting areas at sidewalk or street-level
transit stops for rail vehicles that are not
protected by screens or guards along the side
of the boarding and alighting areas facing the
rail vehicles shall have detectable warning
surfaces complying with R305.1 and
R305.2.7.

R205.7 Driveways. Pedestrian circulation
paths at driveways controlled with yield or
stop control devices or traffic signals shall
have detectable warning surfaces complying
with R305.2.8.

R206 Pedestrian Signal Heads and
Pedestrian Activated Warning Devices
R206.1 General. Where provided,
pedestrian signal heads and pedestrian
activated warning devices shall comply with
R206. The accessible features required by
these guidelines shall be available at all
times.

R206.2 Traffic Control Signals and
Hybrid Beacons with Pedestrian Signal
Heads. Where pedestrian signal heads are
provided at crosswalks, the walk indication
shall comply with R308. Pedestrian signal
heads must have a pedestrian push button
complying with R307, except for R307.7, or
passive detection or pretimed operation that
activates audible and vibrotactile indications
complying with R308.

R206.3 Pedestrian Activated Warning
Devices. Pedestrian activated warning
devices shall have pedestrian push buttons
complying with R307, except for R307.2 and
R307.6, or passive detection that operates
audible indications complying with R307.7.

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

R208 Pedestrian Signs
R208.1 General. Where provided, signs
intended solely for pedestrians, including
transit signs, and all signs serving shared use
paths, shall comply with R410.

Exceptions: 1. Transit schedules,
timetables, and maps are not required to
comply with R410.

2. Signs mounted immediately above or
incorporated into a push button detector unit
are not required to comply with R410.

R209 Street Furniture
R209.1 General. Where provided, street
furniture shall comply with the applicable
requirements in R209.

R209.2 Drinking Fountains. Drinking
fountains shall comply with sections 602.1
through 602.6 of Appendix D to 36 CFR part
1191 (ADA & ABA Accessibility Guidelines).

R209.3 Public Street Toilets. Public street
toilets shall be provided in accordance with
R209.3.

R209.3.1 Permanent Public Street Toilets.

Permanent public street toilets shall comply
with sections 603 through 610 of Appendix
D to 36 CFR part 1191 (ADA & ABA
Accessibility Guidelines).

R209.3.2 Portable Toilet Units. Portable
toilet units shall comply with section 603 of
Appendix D to 36 CFR part 1191 (ADA &
ABA Accessibility Guidelines). Where
multiple single user portable toilet units are
clustered at a single location, at least 5
percent, but no fewer than one of each type
of the toilet units at each cluster shall be
required to comply with 603 Appendix D to
36 CFR part 1191 (ADA & ABA Accessibility
Guidelines). Portable toilet units complying
with section 603 shall be identified by the
International Symbol of Accessibility
complying with R411.

R209.4 Tables. At least 5 percent of tables
at each group of adjacenttables, but no fewer
than one, shall comply with section 902 of
Appendix D to 36 CFR part 1191 (ADA &
ABA Accessibility Guidelines).

R209.5 Sales or Service Counters. Sales or
service counters shall comply with section
904.4 of Appendix D to 36 CFR part 1191
(ADA & ABA Accessibility Guidelines).

Exception 1: Sales or service counters that
are located in a building subject to the ADA
that is not itself in the public right-of-way but
that directly serve the public right-of-way,
such as at a service window accessed from
the sidewalk, may comply with section 227.3
of Appendix B to 36 CFR part 1191 (ADA &
ABA Accessibility Guidelines).

Exception 2: Sales or service counters that
are located in a building subject to the ABA
that is not itself in the public right-of-way but
that directly serve the public right-of-way,
such as at a service window accessed from
the sidewalk, may comply with section
F227.3 of Appendix C to 36 CFR part 1191
(ADA & ABA Accessibility Guidelines).

R209.6 Benches. Benches, other than
those that are part of tables complying with
R209.4, shall comply with R209.6.

R209.6.1 Benches at Transit Stops and
Shelters. Benches provided at transit stops
shall have clear space complying with R404
next to either end of the bench, or if the
bench has no end, such as a circular bench,
the clear space shall either be integral to the
bench or no more than 18 inches (455 mm)
from the front of the bench. Benches
provided within transit shelters shall have
clear space complying with R309.2.2.

R209.6.2 Benches Not at Transit Stops
and Shelters. At least 50 percent, but no less
than one, of benches at each group of
adjacent benches shall provide clear space
complying with R404. The clear space shall
be located next to either end of the bench,
or if the bench has no end, such as a circular
bench, the clear space shall either be integral
to the bench or no more than 18 inches (455
mm) from the front of the bench.

R209.7 Operable Parts of Other Fixed
Elements. Operable parts of other fixed
elements to be used by pedestrians shall
comply with R403.

R210 Transit Stops and Transit Shelters
R210.1 General. Where provided, transit
stops and transit shelters shall comply with
R309.

R210.2 Fare Vending Machines. Where
provided at transit stops and transit shelters,
fare vending machines shall comply with
R403 and section 707 of Appendix D to 36
CFR part 1191 (ADA & ABA Accessibility
Guidelines), except for 707.2 and 707.3.

R210.3. Operable Parts of Other Fixed
Elements. Operable parts of other fixed
elements at transit stops and shelters
intended to be used by pedestrians shall
comply with R403.

R211 On-Street Parking Spaces
R211.1 General. Where on-street parking
is provided and is metered or designated by
signs or pavement markings, accessible
parking spaces complying with R310 shall be
provided in accordance with R211 and Table
R211.

Exceptions: 1. On-street parking spaces
designated exclusively as residential parking
shall not be required to comply with R211
and shall not be counted for purposes of
Table R211.

2. On-street parking spaces designated
exclusively for commercial or law
enforcement vehicles shall not be required to
comply with R211 and shall not be counted
for purposes of Table R211.

3. Where on-street parking spaces are
altered, the requirements of R211 shall apply
only to the affected parking spaces until the
minimum number of accessible on-street
parking spaces as specified in Table R211 are
provided.

R211.2 Parking on Block Perimeter.

Where parking spaces are provided on a
block perimeter and are metered or
designated by signs or pavement markings,
accessible parking spaces complying with
R310 shall be provided in accordance with
Table R211. Where parking is metered or
designated by signs or pavement markings,
but individual spaces are not marked, each
20 feet (6.1 m) of block perimeter where
parking is designated shall be counted as one
parking space.

R211.3 Parking not on Block Perimeter.

Where parking spaces are provided on a
section of a street that is not part of a block
perimeter, accessible parking spaces
complying with R310 shall be provided in
accordance with Table R211. Where parking
is metered or designated by signs or
pavement markings, but individual spaces
are not marked, each 20 feet (6.1 m) of street
where parking is designated shall be counted
as one parking space.

TABLE R211 ON-STREET PARKING
SPACES
Total number of
metered or
designated
parking spaces
Minimum required
number of accessible
parking spaces
1 to 25 ...................... 1.
26 to 50 .................... 2.
51 to 75 .................... 3.
76 to 100 .................. 4.
101 to 150 ................ 5.
151 to 200 ................ 6.
201 and over ............ 4 percent of total.

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

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations 53655 R213 Stairs and Escalators
R213.1 General. Where provided on
pedestrian circulation paths, stairs shall
comply with R408 and escalators shall
comply with section 810.9 of Appendix D to
36 CFR part 1191 (ADA & ABA Accessibility
Guidelines). Stairs and escalators shall not be
part of pedestrian access routes.

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

Chapter 3: Technical Requirements
R301 General
R301.1 Scope. The technical
requirements in Chapter 3 shall apply where
required by Chapter 2 or where referenced by
a requirement in these guidelines.

R302 Pedestrian Access Routes
R302.1 General. Pedestrian access routes
shall comply with R302.

R302.2 Continuous Clear Width. Except
as provided in R302.2.1 and R302.2.2, the
continuous clear width of pedestrian access
routes shall be 48 inches (1220 mm)
minimum, exclusive of the width of any
curb.

R302.2.1 Medians and Pedestrian Refuge
Islands. The clear width of pedestrian access
routes crossing medians and pedestrian
refuge islands shall be 60 inches (1525 mm)
minimum, except that where shared use
paths cross medians and pedestrian refuge
islands the clear width of the pedestrian
access route shall be 60 inches (1525 mm)
minimum or at least as wide as the
crosswalk, whichever is greater.

R302.2.2 Shared Use Paths. On shared
use paths, the clear width of the pedestrian
access route shall extend the full width
provided for pedestrian circulation on the
path. Obstructions, such as bollards, shall not
reduce the clear width of the pedestrian
access route to less than 48 inches (1220 mm)
measured from the edge of the obstruction.

R302.3 Passing Spaces. Where the clear
width of pedestrian access routes is less than
60 inches (1525 mm), passing spaces shall be
provided at intervals of 200 feet (61 m)
maximum. Passing spaces shall be 60 inches
(1525 mm) minimum by 60 inches (1525
mm) minimum. Passing spaces and
pedestrian access routes are permitted to
overlap.

R302.4 Grade. The grade of pedestrian
access routes shall comply with R302.4,
except the grade of curb ramps and blended
transitions shall comply with R304 and the
grade of ramps shall comply with R407.

R302.4.1 Within Highway Right-of-Way.

Except as provided in R302.4.3, where a
pedestrian access route is contained within
a highway right-of-way, the grade of the
pedestrian access route shall not exceed 1:20
(5.0%).

Exception: Where the grade established for
the adjacent street exceeds 1:20 (5.0%), the
grade of the pedestrian access route shall not
exceed the grade established for the adjacent
street.

R302.4.2 Not Within Highway Right-ofWay. Where a pedestrian access route is not contained within a highway right-of-way, the
grade of the pedestrian access route shall not
exceed 1:20 (5.0%).

R302.4.3 Within a Crosswalk. Where a
pedestrian access route is contained within
a crosswalk, the grade of the pedestrian
access route shall be 1:20 (5.0%) maximum.

Exception: Where roadway design requires
superelevation greater than 1:20 (5.0%) at the
location of a crosswalk, the grade of the
pedestrian access route within the crosswalk
may be the same as the superelevation.

R302.5 Cross Slope. The cross slope of a
pedestrian access route shall comply with
R302.5.

R302.5.1 Not Contained Within a
Crosswalk. The cross slope of a pedestrian
access route not contained within a
crosswalk shall be 1:48 (2.1%) maximum.

Exception: The portion of a pedestrian
access route within a street that connects an
accessible parallel on-street parking space to
the nearest crosswalk at the end of the block
face or the nearest midblock crosswalk is not
required to comply with R302.5.

R302.5.2 Contained Within a Crosswalk.

The cross slope of a pedestrian access route
contained within a crosswalk shall comply
with R302.5.2.

R302.5.2.1 Crosswalk with Yield or Stop
Control Devices. Where a pedestrian access
route is contained within a crosswalk at an
intersection approach with yield or stop
control devices, the cross slope of the
pedestrian access route shall be 1:48 (2.1%)
maximum.

R302.5.2.2 Crosswalk at Uncontrolled
Approach. Where a pedestrian access route
is contained within a crosswalk at an
uncontrolled approach, the cross slope of the
pedestrian access route shall be 1:20 (5.0%)
maximum.

R302.5.2.3 Crosswalk with Traffic Control
Signal or Pedestrian Hybrid Beacon. Where
a pedestrian access route is contained within
a crosswalk at an intersection approach
controlled by a traffic control signal or
pedestrian hybrid beacon, the cross slope of
the pedestrian access route shall be 1:20
(5.0%) maximum.

R302.5.2.4 Midblock and Roundabout
Crosswalks. The cross slope of a pedestrian
access route within a midblock crosswalk or
a crosswalk at a roundabout shall not exceed
the street grade.

R302.6 Surfaces. The walking surfaces of
pedestrian access routes, elements, and
spaces that are required to be accessible shall
be stable, firm, and slip resistant and shall
comply with R302.6.

R302.6.1 Grade Breaks. Grade breaks
shall be flush.

R302.6.2 Changes in Level. Changes in
level of 1⁄4 inch (6.4 mm) maximum shall be
permitted to be vertical. Changes in level
between 1⁄4 inch (6.4 mm) and 1⁄2 inch (13
mm) shall be beveled with a slope not steeper
than 1:2 (50.0%). Changes in level greater
than 1⁄2 inch (13 mm) up to 6 inches shall
have a 1:12 (8.3%) maximum slope. Changes
in level greater than 6 inches (150 mm) shall
comply with R407.

R302.6.3 Horizontal Openings. Horizontal
openings in ground surfaces, such as those in
gratings and joints, other than flangeway gaps
(see R302.6.4), shall not allow passage of a
sphere larger than 1⁄2 inch (13 mm) in
diameter. Except where multiple directions
of travel intersect, elongated openings are
permitted and shall be placed so that the long
dimension is perpendicular to the dominant
direction of travel.

R302.6.4 Surfaces at Pedestrian At-Grade
Rail Crossings. Surfaces at pedestrian atgrade rail crossings shall comply with R302.6.4.

R302.6.4.1 Surface Alignment. Where a
pedestrian access route crosses rails at grade,
the pedestrian access route surface shall be
level and flush with the top of rail at the
outer edges of the rails, and the surface
between the rails shall be aligned with the
top of rail.

R302.6.4.2 Flangeway Gaps. Flangeway
gaps shall comply with R302.6.4.2.

R302.6.4.2.1 Flangeway Gaps at Tracks
Subject to FRA Safety Regulations. At
pedestrian at-grade rail crossings that cross
tracks that are subject to safety regulations at
49 CFR part 213, issued by the Federal
Railroad Administration, flangeway gaps
shall be 3 inches (75 mm) wide maximum.

R302.6.4.2.2 Flangeway Gaps at Tracks
Not Subject to FRA Safety Regulations. At
pedestrian at-grade rail crossings that cross
tracks that are not subject to safety
regulations at 49 CFR part 213, issued by the
FederalRailroad Administration,flangeway
gaps shall be 2 1⁄2 inches (64 mm) wide
maximum.

R303 Alternate Pedestrian Access Routes
R303.1 General. Alternate pedestrian
access routes shall comply with R303.

R303.2 Signs. Signs identifying alternate
pedestrian access routes shall be provided in
advance of decision points and shall comply
with R410. Proximity actuated audible signs
or other non-visual means within the public
right-of-way of conveying the information
that identifies the alternate pedestrian access
route shall also be provided.

R303.3 Surface. Alternate pedestrian
access route surfaces shall comply with
R302.6 or shall not be less accessible than the
surface of the temporarily closed pedestrian
circulation path.

R303.4 Continuous Clear Width. The
minimum continuous clear width of alternate
pedestrian access routes shall be 48 inches
(1220 mm) exclusive of the width of any
curb.

Exception: Where the alternate pedestrian
access route utilizes an existing pedestrian
circulation path, the width shall not be less
than the width of the temporarily closed
pedestrian circulation path.

R303.5 Curb Ramp or Blended
Transition. Where an alternate pedestrian
access route crosses a curb, a curb ramp or
blended transition complying with R304
shall be provided.

R303.6 Detectable Edging of Channelizing
Devices. Where a channelizing device is used
to delineate an alternate pedestrian access
route, continuous detectable edging
complying with R303.6 shall be provided
throughout the length of the route.

Exception: Where pedestrians or vehicles
turn or cross, gaps in the detectable edging
are permitted.

R303.6.1 Top. The top of the top
detectable edging shall be no lower than 32