UNITED STATES ACCESS BOARD WASHI NGTON, DC



### REGULATORY ASSESSMENT OF PROPOSED ACCESSIBILITY GUIDELINES FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT - OF - WAY

June 20111 TABLE OF CONTENTS

EXECUTIVE SUMMARY

................................ ................................ ............................. 2 1. Introduction

................................ ................................ ................................ .................. 7 2. Statutory

and Regulatory

Background

................................ ................................ ......... 7 3. Need for Rulemaking

................................ ................................ ................................ . 10 4. Rulemaking History

................................ ................................ ................................ .... 1 1 5. Overview of Proposed Guidelines

................................ ................................ ............. 1 3 6. Governmental Jurisdictions Affected

................................ ................................ ....... 1 4 7. Baseline

................................ ................................ ................................ ....................... 1 5 8. Detectable Warning Surfaces on Curb Ramps and Blended Transitions

................... 1 8 9. Accessible Pedestrian Signals and Pedestrian Pushbuttons

................................ ........ 2 3 10. Newl y Constructed Tabled Intersections That Contain Pedestrian Street Crossings w ith Yield or Stop Control

................................ ............. 2 5 11. Pedestrian Activated Signals at Roundabouts with Multi

- Lane P edestrian Street Crossings

................................ ................................ ...... 2 6 12 . Benefits

................................ ................................ ................................ ....................... 2 8 1 3 . Impacts on Small Governmental Jurisdictions

................................ .......................... 2 9 1 4 . Conclusion

................................ ................................ ................................ ................. 31
APPENDIX

– COMPARISION OF PROPOSED GUIDELINES AND

DOJ 2010 ADA STANDARDS FOR ACCESSIBLE DESIGN2 EXECUTIVE SUMMARY This report assesses the potential costs and benefits of proposed accessibility guidelines issued by the Access Board for pedestrian facilities in the public right

- of

- way . The report also anal yz es the potential impacts of the proposed guidelines on small governmental jurisdictions with populations less than 50,000

. The Access Board is responsible for developing accessibility guidelines for the design, construction, and alteration of facilities to ensure that the facilities are readily accessible to and usable by individuals with disabilities. The Access Board’s guidelines play an important part in the implementation of three laws that require newly constructed and altered facilities to be accessible to individuals with disabilities: the Americans with D isabilities Act, Section 504 of the Rehabilitation Act, and the Architectural Barriers Act. These laws require other federal agencies to issue regulations which include accessibility standards for the design, construction, and alteration of facilities that are consistent with the Access Board’s guidelines . The regulations issued by

the other federal agencies adopt, with or without additions and modifications, the Access Board’s guidelines as accessibility standards and establish the effective dates fo r compliance with the accessibility standards. In the Americans with Disabilities Act, Congress directed the Access Board to issue accessibility guidelines to eliminate the discriminatory effects of architectural, transportation, and communication barri ers experienced by individuals with disabilities. The Access Board’s current accessibility

guidelines were developed primarily for building and facilities on sites

. The proposed guidelines are developed specificall y for pedestrian facilities in the publi c right

- of

- way , and address conditions and constraints that exist in the public right

- of

- way . The guidelines ensure that sidewalks, pedestrian street crossings, pedestrian signals, and other facilities for pedestrian circulation and use constructed or alt ered in the public right

- of

- way by state and local government al units are readily accessible to and usable by pedestrians with disabilities

. For ease of reference, these state and local government al units are referred to as “state and local transportation departments” in this report but may go by different names (e.g., public works departments, or highway

or streets departments) in their respective jurisdictions. All state transportation departments and most local transportation departments maintain design manuals and standard drawings for improvements in the public right

- of

- way . The local transportation department design manuals and standard drawings are generally consistent with their state transp ortation department design manuals and standard drawings. State and local transportation departments use publications issued by the American Association of State and Highway Transportation Officials (AASHTO) in their design manuals and standard drawings, including the “Policy

on Geometric Design of Highway s and Streets” (2004) (commonly referred to as the “AASHTO Green Book”) and the “Guide for the Planning, Design, and Operation of Pedestrian Facilities” (2004) which incorporate accessibility in the design of sidewalks and pedestrian street crossings. The Federal Highway Administration as part of its stewardship and oversight responsibilities has also worked with state transportation departments to incorporate accessibility

in their design manuals and standards drawings. The Federal Highway Administration has issued guidance that the accessibility standards in the Department of Justice regulations implementing Title II of the Americans with Disabilities Act and the Department of3

Transportation regulations implementing Section 504 of the Rehabilitation Act are to be used to the extent feasible for the design of pedestrian facilities in the public right

- of

- way until new accessibility standards are adopted for these facilities. In the absence of the propose d guidelines, the regulatory assessment assumes that s tate and local transportation departments will use the 2010 Standards in the Department of Justice regulations implementing Title II of the Americans with Disabilities Act ( “DOJ 2010 Standards”) to the extent feasible when designing, constructing, or altering pedestrian facilities in the public right

of

- way , consistent with the guidance issued by the Federal Highway

Administration , as well as other applicable standards and industry practices. A n anal ys is of the proposed guidelines compared to the DOJ 2010 Standards, other applicable standards, and industry practices is included in the appendix to the regulatory assessment
. The anal ys is identified four requirements in the proposed guidelines that will have more than minimal impacts on state and local transportation departments

. The factors used to identify whether the requirements in the proposed guidelines will have more than minimal impacts are discussed in this report under the Baseline. The four requirements in the proposed guidelines that will have more than minimal impacts on state and local transportation departments are summarized in the table below, along with a description of the governmental units affected by proposed requirements and questions in the preamble to the proposed guidelines that seek additional information o n the governmental units affected. Requirements in Proposed Guidelines That Will Have More Than Minimal Impacts on State and Local Transportation Departments Require ment Governmental Units Affected Detectable warning surfaces required on newly constructed and altered curb ramps and blended transitions at pedestrian street crossings (R208.1 and R305) Will affect state and local transportation departments that do not currentl y provide detectable warning surfaces on curb ramps All state transportation departments currentl y specify detectable warning surfaces on curb ramps in their standard drawings; most local transportation departments maintain standar d drawings that are consistent with standard drawings maintained b y t heir state transportation departments Question s 4 , 5 , and 6 in preamble seek information on state and local transportation departments that do not currentl y provide detectable warning surfaces on curb ramps Accessible pedestrian signals and pushbuttons required when pedestrian signals newl y installed or replaced at signalized intersections (R209) Will affect state and local transportation departments that do not currentl y provide acce ssible pedestrian signals and pedestrian pushbuttons when pedestrian signals are newl y installed or replace d at signalized intersections4 Requirements in Proposed Guidelines That Will Have More Than Minimal Impacts on State and Local Transportation Departments Require ment Governmental Units Affected Some state and local transportation departments currentl y provide accessible pedestrian signals and pedestrian pushbuttons when pedestrian signals are newly installed or replaced at signalized intersections ; TEA

- 21 (23 U.S.C. 217 (g)) direct ed that audible traffic signals be included in transportation p lans and projects wh ere appropriate Question 9 in preamble seeks information on state and local transportation departments that currentl y provide accessible pedestrian signals and pedestrian pushbuttons when pedestrian signals are newly

installed or replaced at signalized intersections Maximum cross slope of 2 percent required on pedestrian access routes, including with in pedestrian street crossings with y ield or stop control (R204.3 and R302.6) Will affect state and local transportation departments that construct new tabled intersections in hilly

urban areas which contain pedestrian street crossings with y ield or stop control Question 1 4 in preamble seeks information on the current design policies and practices of state an d local transportation departments with respect to tabling newl y constructed intersections in hilly

urban areas, particularly with respect to extending the tabling to pedestrian street crossings with y ield or stop control Pedestrian activated signals re quired at roundabouts with multi

- lane pedestrian crossings (R206 and R306.3.2) Will affect state and local transportation departments that construct new roundabout s with multi

- lane pedestrian street crossings The Access Board entered into an interagency agreement with the Volpe National Transportation Sy stems Center (Volpe Center) to gather data and prepare cost estimates for the regulatory assessment
. The cost estimates prepared b y the Volpe Center are summarized in the table below , along with questions in the preamble to the proposed guidelines that seek additional information to refine the cost estimate s .5 Estimated Total Annual Costs for Requirements That Will Have More Than Minimal Impacts on State and Local Transportation Depa rtments

Requirement Additional Costs Per

Element or Facility Due to Requirement Number of Elements or Fa cilities Constructed or Altered on Annual Basis Total Annual Costs

for Requirement Detectable warning surfaces required on newly constructed and altered curb ramps and blended transitions at pedestrian street crossings (R208.1 and R305) $48 to $240 for

detectable warning materials for ty

pical curb ramp Question 8 in preamble seeks additional information on costs for detectable warning materi als and installation of the materials on ty

pical curb ramp No information

available Question 7 in preamble seeks information on number of curb ramps that are constructed or altered on an annual basis in the public right

of

- way No estimate provided

Total annual costs will depend on number of state and local transportation departments that do not currentl y provide detectable warning surfaces on curb ramps, and number of curb ramps that they construct or alter on an annual basis Accessible pedestrian signals and pushbuttons required when pedestrian signals newl y installed or replaced at signalized intersections (R209) $3,600 per signalized

intersection Question 10 in preamble seeks additional information on costs for providing accessible pedestrian s ignals and pedestrian pushbuttons at signalized intersection s Pedestrian signals

newly installed or replaced at 13,095 signalized intersections on an annual basis $47 million

Maximum cross slope of 2 percent required on pedestrian access routes, including with in pedestrian street crossings with yi eld or stop control (R204.3 and R302.6) $60,000 per tabled

intersection Question 1 5 in preamble seeks additional information on costs to extend tabling of newly constructed intersection s in hilly urban areas to No information available Question 1 6 in preamble seeks information on number of tabled intersections which contain pedestrian street crossings with yi eld or stop control No estimate provided

Total annual costs will depend on number of tabled intersections which contain pedestrian street crossings with yi eld or stop control that are newly constructed in hilly6 Estimated Total Annual Costs for Requirements That Will Have More Than Minimal Impacts on State and Local Transportation Depa rtments

Requirement Additional Costs Per

Element or Facility Due to Requirement Number of Elements or Fa cilities Constructed or Altered on Annual Basis Total Annual Costs

for Requirement pedestrian street crossings with yi eld or stop control that are newly

constru cted in hilly urban areas on an annual basis urban areas on an

annual basis

Pedestrian activated signals required at roundabouts with multi

- lane pedestrian crossings (R206 and R306.3.2) $90,000 to $230,000

per roundabout Question 1 9 in preamble seeks additional information on costs to provide pedestrian activated si gnals at roundabouts with multi

- lane pedestrian crossings 27 new roundabouts

with multi

- lane pedestrian street crossings constructed on an annual basis $2.4 million to

$6.2 million

The Access Board will analyze the information received in response to the questions in the preamble to the pro po sed guidelines and revise the regulatory assessment when the final guidelines are issued.7

REGULATORY ASSESSMENT OF PROPOSED ACCESSIBILITY GUIDELINES FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT - OF - WAY
1. Introduction The Architectural and Transportation Barriers Compliance Board (Access Board) is an independent federal agency established by

section 502 of the Rehabilitation Act (29 U.S.C. 792). 1 The Access Board is responsible for developing accessibility guidelines for the design, construction, and alteration of facilities to ensure that they are readily accessible to and usable by individuals with disabilities. The Access Board has proposed accessibility guidelines for pedestrian facilities in the publ ic right

- of

- way . The Access Board has prepared this regulatory assessment of the proposed guidelines pursuant to Executive Orders 12866 and 13563 . The report also includes an initial regulatory flexibility

anal ys is pursuant to the Regulatory Flexibility Act (5 U.S.C. §§601 et seq.). 2. Statutory and Regulatory Background The Access Board’s guidelines play an important part in the implementation of three laws that require newl y constructed and altered facilities to be accessible to individuals with disa bilities: the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Architectural Barriers Act. Americans with Disabilities Act The Americans with Disabilities Act (42 U.S.C. 12101 et seq.) is a federal civil rights law that pr ohibits discrimination against individuals with disabilities. Title II of the Americans with Disabilities Act covers state and local governments. 2 The Department of Justice is responsible for issuing regulations to implement Title II of the Americans with Disabilities Act, except for the public transportation parts. 3 The regulations issued by the Department of Justice include

1 The Access Board consists of 13 members appointed by the President from the public, a majority of which are individuals with disabilities, and the heads of 12 federal agencies or their designees whose positions are Executive Level IV o r above. The federal agencies are: The Departments of Commerce, Defense, Education, Health and Human Services, Housing and Urban Development, Interior, Justice, Labor, Transportation, and Veterans Affairs; General Services Administration; and United State s Postal Service.
2 Other titles of the Americans with Disabilities Act cover employers (Title I), private entities that own, lease, or operate places of public accommodation and commercial facilities (Title III), and telecommunications (Title IV). This report focuses on Title II because pedestrian facilities in the public right

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- wa y are constructed and altered by state and local governments.
3 Title II of the Americans with Disabilities Act contains two subtitles. Subtitle A applies to all state and local government programs, services, and activities. Subtitle B contains two parts. Subtitle B, Part I applies to designated public transportat ion provided by state and local governments by bus, rail, or other conveyance (other than aircraft or intercity or commuter rail) as a general or special service (including charter service) to the general public on a regular and continuing basis. Subpart B, Part II applies to public transportation provided by the National Railroad Passenger Corporation and commuter authorities by intercity and commuter rail. The Department of Justice is responsible for issuing regulations to implement Subtitle A of Title II, except for matters within the scope of8

accessibility

standar ds for the design, construction, and alteration of facilities (other than facilities used in the provision of public transportation covered b y regulations issued by the Department of Transportation). 4 The Department of Justice’s accessibility standards ad opt, with additions and modifications, the Access Board’s current guidelines, which are discussed below under the Need for Rulemaking. 5 See 28 CFR 35.104 and 35.151. The Department of Transportation is responsible for issuing regulations to implement the public transportation parts of Title II of the Americans with Disabilities Act. 6 The regulations issued by the Department of Transportation include accessibility standards for the design, construction, and alteration of facilities used in the provision o f public transportation covered by the public transportation parts of Title II of the Americans with Disabilities Act. The Department of Transportation’s accessibility standards adopt, with additions and modifications, the Access Board’s current guideline s, which are discussed below under the Need for Rulemaking. See 49 CFR 37.9 and Appendix A to 49 CFR part 37. The Department of Justice is responsible for overall enforcement of Title II of the Americans with Disabilities Act. The Department of Justice has designated the Department of Transportation as the federal agency responsible for investigating complaints and conducting compliance reviews “relating to programs, services, and regulatory activities relating to transportation, including highway s.” Se e 28 CFR 35.190 (b) (8). Section 504 of the Rehabilitation Act Section 504 of the Rehabilitation Act (29 U.S.C. 794) (hereinafter referred to as “Section 504”) prohibits discrimination against individuals with disabilities under any program or activity authority of the Department of Transportation under Parts I and II of Subtitle B of Title II. See 42 U.S.C. 12134. The Department of Transportation is responsible for issuing regulations to implement Parts I and II of Subtitle B of Title II. See 42 U.S.C. 12149 and 12164.
4 Subtitle A of Title II of the Americans with Disabilities Act requires that the regulations issued by the Department of Justice include accessibility standards that are “consistent with t he minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board.” 42 U.S.C. 12134(c). The accessibility standards issued by the Department of Justice can include additional or modified requirements provided they are consistent with the Access Board’s guidelines.
5 In September 2010, the Department of Justice issued regulations with revised accessibility standards for Titles II and III of the Americans with Disabilities Act (DOJ 2010 Standards). See 75 FR 56164 (September 15, 2010). Com pliance with the DOJ 2010 Standards is required on or after March 15, 2012. State and local governments are permitted to comply with earlier standards (DOJ 1991 Standards without the elevator exception or UFAS) or the DOJ 2 010 Standards betw een September 15, 2010 and March 14, 2012. Additional information on the applicable standards and their effective dates is available on the Department of Justice website at: http://www.ada.gov/revised_ effective_dates

- 2010.htm . The DOJ 2010 Standards are available on the Department of Justice website at: http://www.ada.gov/2010ADAstandards_index.htm

. 6 Parts I and II of Subtitle B of Title II of the Americans with Disabilities Act require that the regulations issued by the Department of Transportation include accessibility standards that are “consistent with the minimum guidelines and requirements issued by th e Architectural and Transportation Barriers Compliance Board.” 42 U.S.C. 12149 (b) and 12163. The accessibility standards issued by the Department of Transportation can include additional or mo dified requirements provided they are consistent with the Acc ess Board’s guidelines.9

r eceiving federal financial assistance. The term “program or activity ” includes all the operations of a state or local government entity that receives federal financial assistance directly or indirectly from the federal government. See 29 U.S.C. 794 (b). Each federal agency that provides federal financial assistance is responsible for issuing regulations to implement Section 504 that are consistent with requirements established by the Department of Justice. See Executive Order 12250 in Appendix A to 28 C FR part 41. The Department of Justice requires facilities designed, constructed, or altered b y recipients of federal financial assistance to be accessible to individuals with disabilities. See 28 CFR 41.58. The Department of Transportation provides federal financial assistance to state and local governments for the development of transportation networks, including pedestrian facilities in the public right

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- way . 7 The regulations issued by the Department of Transportation to implement Section 504 re quire facilities designed, constructed, or altered by recipients of federal financial assistance from the Department to comply with accessibility standards included in the Department’s regulations implementing the public transportation parts of Title II of the Americans with Disabilities Act, or the Uniform Federal Accessibility Standards. See 49 CFR §27.3. As discussed above, the accessibility standards included in the Department of Transportation regulations implementing the public transportation parts of Title II of the Americans with Disabilities Act adopt, with additions and modifications, the Access Board’s current guidelines, which are discussed below under the Need for Rulemaking. See 49 CFR 37.9 and Appendix A to 49 CFR part 37. The Department o f Transportation is responsible for investigating complaints and conducting compliance reviews under Section 504 relating to recipients of federal financial assistance from the Department. See 49 CFR 27.121 and 27.123. Architectural Barriers Act The Arc hitectural Barriers Act (42 U.S.C. 4151 et seq.) requires certain facilities financed with federal funds to be accessible to individuals with disabilities. The Architectural Barriers Act covers facilities financed in whole or part b y a federal grant or lo an where the federal agency that provides the grant or loan is authorized to issue standards for the design, construction, or alteration of the facilities. 8 See 42 U.S.C. 4151 (3). The General Services Administration is required to issue accessibility st andards for facilities covered b y the Architectural Barriers Act. 9 See 42 U.S.C. 4156. The accessibility standards issued by

the General Services Administration

7 See Department of Transportation “Policy Statement on Bicycle and Pedestrian Accommodation Regulations and Recommendations” at: http://www.dot.gov/affairs/2010/bicyc le

- ped.html

. 8 The Architectural Barriers Act also covers facilities constructed, altered, or leased by federal agencies; and facilities constructed or altered by the Washington Metropolitan Area Transit Authority. See 42 U.S.C. 4151 (1), (2), and (4).
9 The accessibility standards issued by the General Services Administration apply to all facilities covered by the Architectural Barriers Act, except for postal, military, and residential facilities. The United States Postal Service is responsible for issuing accessibility standards for postal facilities; the Department of Defense is responsible for issuing accessibility standards for military facilities; and the Department of Housing and Urban Development is responsible for issuing accessibility standards for residential facilities. See 42 U.S.C. 4153, 4154, and 4154a.10

adopt, without any

additions or modifications, the Access Board’s current guidelines, which are discussed below under the Need for Rulemaking. See 41 CFR 102

- 76.65. The Access Board is responsible for enforcing the Architectural Barriers Act. See 29 U.S.C 792 (b) (1) and (e). 3. Need for Rulemaking Th is section discusses the Congressional fi ndings in the Americans with Disabilities Act that establish the need for accessibility guidelines, the Access Board’s current accessibility guidelines, and wh y the Access Board is proposing to issue accessibility guidelines for pedestrian facilities in th e public right

- of

- way . Congressional Findings of Discrimination The Americans with Disabilities Act was enacted in 1990 by overwhelming bipartisan majorities in the House of Representatives (377

– 28) and in the Senate (91

– 6). 10 Congress compiled an ex tensive record of the discrimination experienced by individuals with disabilities in critical areas such as emplo ym ent, public accommodations, state and local government services, and transportation. Congress found that “despite some improvements such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem.” 42 U.S.C. 12101 (a) (2). Among the forms of discrimination that Congress found to be a continuing problem are “the discriminatory effects o f architectural, transportation, and communication barriers.” 42 U.S.C. 12101 (a) (5). Congress found that “the continuing existence of unfair and unnecessary

discrimination and prejudice denies people with disabilities the opportunity to compete on an e qual basis and to pursue those opportunities for which our free society is justifiably

famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity .” 42 U.S.C. 12101 (a) (9). Congress decla red that “the Nation’s proper goals regarding individuals with disabilities are to ensure equality of opportunity , full participation, independent living, and economic self

- sufficiency

for such individuals.” 42 U.S.C. 12101 (a) (8). The purpose of the Americans with Disabilities Act is “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities” and “to provide clear, strong, and consistent, enforceable standards addressing discrimin ation against individuals with disabilities.” 42 U.S.C. 12101 (b) (1) and (2). Congress directed the Access Board to supplement the accessibility guidelines developed earlier for the Architectural Barriers Act to include “additional requirements, consist ent with this Act, to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible in terms of architecture and design, transportation, and communication, to individuals with disabilities.” 42 U.S.C. 12204 (b). Current Guidelines D eveloped Primarily for Buildings and Facilities on Sites

10 101 Cong. Rec. H4629 and 4630 (July 12, 1990); 101 Cong. Rec. S9695 (July 13, 1990).11

The Access Board’s current accessibility guidelines were issued in 2004 and are known as the Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines (hereinafter refe rred to as “2004 ADA and ABA Accessibility Guidelines”). 11 69 FR 44083 (July 23, 2004). The 2004 ADA and ABA Accessibility Guidelines revised and updated the Americans with Disabilities Act Accessibility Guidelines, which were issued by the Access Board i n 1991 (hereinafter referred to as “1991 ADAAG”). 56 FR 35408 (July 26, 1991). The requirements in the 1991 ADAAG and 2004 ADA and ABA Accessibility Guidelines were developed primarily

for buildings and facilities on sites. 12 Some of the requirements can be readil y applied to pedestrian facilities in the public right

- of

- way . However, other requirements need to be adapted for pedestrian facilities in the public right

- of

- way . Proposed Guidelines Developed Specifically for Pedestrian Facilities in the Public Right

- of

- Way The proposed guidelines are developed specifically for pedestrian facilities in the public right

- of

way and address conditions and constraints that exist in the public right

- of

- way . T he requirements in the proposed guidelines make allo wances for t ypical roadway geometry

and permit flexibility

in alterations to existing facilities where existing phy sical constraints make it impractical to fully

comply with new construction requirements. The proposed guidelines also include requirements for elements and facilities that exist only in the public right

- of

- way such as pedestrian signals and roundabouts. 4. Rulemaking History The Access Board began developing accessibility guidelines for pedestrian facilities in the public right

- of

- way shortly after the Americans with Disabilities Act was enacted in 1990. Proposed guidelines for state and local government facilities, including pedestrian facilities in the public right

- of

- way , were initially

issued in 1992. 57 FR 60612 (December 21, 1992). Interim

11 The 2004 ADA and ABA Accessibility Guidelines are codified in 36 CFR part 1191and consist of six appendices:  Appendix A is the Table of Contents to the guidelines;  Appendix B contains ADA Chapters 1 and 2, which include application and scoping requiremen ts for the design, construction, and alteration of facilities covered by the Americans with Disabilities Act;  Appendix C contains ABA Chapters 1 and 2, which include application and scoping requirements for the design, construction, and alteration of facil ities covered by the Architectural Barriers Act;  Appendix D contains Chapters 3 through 10, which include common technical requirements for the design, construction, and alteration of facilities covered by the Americans with Disabilities Act or the Archite ctural Barriers Act;  Appendix E contains the index of terms and list of figures included in the guidelines; and  Appendix F contains additions and modifications to the guidelines issued by the Department of Transportation. The DOJ 2010 Standards and the D epartment of Transportation standards for transportation facilities used in the provision of transportation services covered by the transportation parts of Title II of the ADA and facilities covered by Section 504 adopt Appendices B and D, w ith additions a nd modifications. The General Services Administration standards for facilities covered by the Architectural Barriers Act adopt Appendices C and D, without additions and mo difications.
12 The term “site” is defined in the 1991 ADAAG (see 3.5) and 2004 ADA and ABA Accessibility Guidelines (see 106.5 and F106.5) as a “parcel of land bounded by a property line or a designated portion of a public right

- of

- wa y.”12

guidelines were issued in 1994. 59 FR 31676 (June 20, 1994). Final guidelines were issued in 1998, but did not include requirements for pedestrian facilities in the public right

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- way because comments submitted on the proposed and interim guidelines demonstrated a need for additional research, as well as education and outreach. 63 FR 2000 (January 13, 1998). The Access Board subs equently sponsored research on accessible pedestrian signals and pedestrian pushbuttons, detectable warning surfaces, and pedestrian facilities at roundabouts. 13 The Access Board also produced a series of videos, a design guide, and an accessibility checkl ist for pedestrian facilities in the public right

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- way , and conducted training programs around the country . The Access Board coordinated its work with organizations representing state and local transportation officials and transportation industry profes sionals , including the American Association of State Highway and Transportation Officials, Institute of Transportation Engineers, National Committee on Uniform Traffic Control Devices, and Transportation Research Board. The Access Board established a fede ral advisory committee in 1999 to recommend accessibility guidelines for pedestrian facilities in the public right

- of

- way . The advisory

committee included representatives of state and local governments, the transportation industry , disability organization s, and other interested groups. 14 The advisory committee provided significant sources of expertise and produced consensus recommendations for accessibility guidelines for pedestrian facilities in the public right

- of

- way . The advisory

committee presented i ts recommendations, “Building a True Community : Final Report of the Public Rights

- of

- Way Access Advisory

Committee”, to the Access Board in 2001. 15 The Access Board developed draft accessibility guidelines for pedestrian facilities in the public right

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- way based on the advisory

committee’s recommendations, and made the draft guidelines

13 The reports on the research sponsored by the Access Board and technical assistance materials on accessible design of pedestrian facilities in the public right

- of

- wa y are available on the Access Board website at: http://www.access

- board.gov/prow ac/index.htm

. 14 The follow ing organizations we re mem bers of the advisory committee: AARP, America Walks, American Association of State Highway and Transportation Officials, American Council of the Blind, American Institute of Architects, American Public Transit Association, American Public Works Asso ciation, Association for Education and Rehabilitation of the Blind and Visually Impaired, Bicycle Federation of America, Californians for Disability Rights, Canadian Standards Association (Technical Committee on Barrier

- Free Design), City of Birmingham (De partment of Planning, Engineering and Permits), Council of Citizens with Low Vision International, Disability and Business Technical Assistance Centers, Disability Rights Education and Defense Fund, Federal Highway Ad ministration, Hawaii Commission on Pers ons with Disabilities, Hawaii Department of Transportation, Institute of Traffic Engineers, Los Angeles Department of Public Works (Bureau of Street Services), Massachusetts Architectural Access Board, Municipality of Anchorage, National Center for Bicycli ng and Walking, National Council on Independent Living, National Federation of the Blind, New York State Department of Transportation, Paralyzed Veterans of America, Portland Office of Transportation, San Francisco Mayor’s Office on Disability, State of Al aska, TASH, Texas Department of Transportation, and The Seeing Eye.
15 The advisory committee report is available on the Access Board w ebsite at: http://www.access

board.gov/prow ac/commr ept/index.htm

.13

available for public review and comment in 2002. 16 67 FR 41206 (June 17, 2002). The Access Board revised the draft guidelines in 2005 and made the revised draft guideline s available for public review to facilitate the gathering of data for the regulatory assessment. 70 FR 70734 (November 23, 2005). The Access Board entered into an interagency agreement with the Volpe National Transportation Sy stems Center (Volpe Center) to gather data and prepare cost estimates for the regulatory

assessment. 17 5. Overview of Proposed Guidelines The proposed guidelines apply to pedestrian facilities in the public right

- of

- way . The proposed guidelines define the public right

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- way to mean “public land or propert y, usually in interconnected corridors, that i s acquired for or dedicated to transportation purposes” (see R105.5). The proposed guidelines ensure that the following facilities for pedestrian circulation and use located in the public right

- of

- way are readily

accessible to and usable by pedestrians wi th disabilities:

 Sidewalks, pedestrian overpasses and underpasses, and other pedestrian circulation paths, including requirements for pedestrian access routes, alternate pedestrian access routes when pedestrian circulation paths are temporaril y closed, an d protruding objects along or overhanging pedestrian circulation paths;

 Pedestrian street crossings, medians, and pedestrian refuge islands, including requirements for curb ramps or blended transitions, and detectable warning surfaces;

 Pedestrian street crossings at roundabouts, including requirements for detectable edge treatments where pedestrian crossing is not intended, and pedestrian activated signals at multi

- lane pedestrian street crossings;

 Pedestrian street crossings at multi

- lane channelized turn lanes at roundabouts and at other signalized intersections, including requirements for pedestrian activated signals;

 Pedestrian signals, including requirements for accessible pedestrian signals and pedestrian pushbuttons;

 Transit stops and transit she lters for buses and light rail vehicles, including requirements for boarding and alighting areas at sidewalk or street level, boarding platforms, and route signs;

 Pedestrian at

- grade rail crossings, including requirements for flangeway gaps;

 On

- street parking that is marked or metered, and passenger loading zones;

16 The 2002 and 2005 draft guidelines and comments submitted on the 2002 draft guidelines are available on the Access Board w ebsite at: http://www.access

- board.gov/prowac/index.ht m . 17 See Volpe Center, “Cost Analysis of Public Rights

- of

- Way Accessibility Guidelines” (November 29, 2010). The document is available in the rulemaking docket (ATBCB

- 2011

- 0004) at: http://www.regulations.gov

.14

 Pedestrian signs, including requirements for visible characters on signs and alternative requirements for audible sign s ys tems and other technologies;

 Street furniture for pedestrian use, in cluding drinking fountains, public toilet facilities, tables, counters, and benches; and

 Ramps, stairway s, escalators, handrails, doors, doorway s, and gates. The proposed guidelines require a pedestrian access route to be provided within sidewalks and o ther pedestrian circulation paths, pedestrian street crossings, and pedestrian overpasses or underpasses (see R204). 18 A pedestrian access route is a continuous and unobstructed path of travel provided for pedestrians with disabilities within or coinciding with a pedestrian circulation path in the public right

- of

- way (see R105.5). Pedestrian access routes in the public right

- of

- way ensure that the transportation network used b y pedestrians is accessible to pedestrians with disabilities. Pedestrian access routes in the public right

- of

- way are analogous to accessible routes on sites in that they connect to accessible elements, spaces, and facilities in the public right

- of

- way , including accessible pedestrian signals and pedestrian pushbuttons, accessible str eet furniture, accessible transit stops and transit shelters, accessible on

- street parking spaces and parking meters and parking pay stations serving those parking spaces, and accessible passenger loading zones. Pedestrian access routes in the public right
- of

- way also connect to accessible routes at building and facility site arrival points. 19 The proposed guidelines were developed for new construction work. However, most of the improvements in the public right

- of

- way involve alterations to existing facili ties. Where elements, spaces, or facilities are altered, each altered element, space or facility within the scope of the project is required to comply the applicable requirements for new construction (see R202.3). 20 The proposed guidelines permit flexibility in alterations to existing facilities. Where existing phy sical constraints make it impracticable for altered elements, spaces, or facilities to fully compl y with the requirements for new construction, compliance is required to the extent practicable within the scope of the project (see R202.3.1). Existing phy sical constraints include, but are not limited to, underlying terrain, right

- of

- way availabilit y, underground structures, adjacent developed facilities, drainage, or the presence of a notable natural or historic feature.

18 A pedestrian circulation path is a prepared exterior or interior surface provided for pedestrian travel in the public right

- of

- wa y (see R105.5).
19 The 2004 ADA and ABA Accessibility Guidelines require accessible routes on sites to connect to site arrival points, including public streets and sidew alks (see 206.2.1 and F206.2.1). 20 The proposed guidelines do not address existing facilities that are not altered. The Department of Justice regulations implementing Title II of the Americans with Disabilities Act contain requirements for state and local governments regarding program accessibility and existing facilities. See 28 CFR 35.150. The Departm ent of Transportation regulations implementing Section 504 also contain requirements for recipients of federal financial assistance from the Department on compliance planning. See 49 CFR 27.11 (c). When the Department of Justice and Department of Transpo rtation conduct rulemaking to include accessibility standards for pedestrian facilities in the public right

- of

- wa y in regulations implementing Title II of the Americans with Disabilities Act and Section 504, they will address the application of the accessi bility standards to existing facilities that are not altered.15

6. Governmental Jurisdictions Affected The proposed guidelines will affect state and local governmental jurisdictions and, in particular, transportation , public works , and other departments that construct streets and highway s. 21 For ease of reference, the affected governmental units are referred to as “state and local transportation departments” in this report but may go by different names in their respective jurisdictions. The number of local government al jurisdi ctions affected is shown in the table below. Local Governments Number Population 100,000 or More Population

50,000 to 99,999 Population

Less than 50,000 County 3,034 473 383 2,178 Municipal 19,429 241 364 18,824 Town or Township 16,504 36 97 16,37 1

Total 38,967 750 844 37,375 Source: US Census Bureau 2002 Census of Governments available at: http://www.census.gov/prod/2003pubs /gc021x1.pdf . There are 743 special highway districts but the report does not provide population data for the districts. The proposed guidelines will not affect all local governments the same. Local governments within areas classified b y the US Census Bureau as urban have higher population densities and generall y construct more pedestrian facilities in the public right

- of

- way . Local governments within areas classified b y the US Census Bureau as rural have lower population densities and generall y construct fewer pedestrian facilities in the public right

- o f

- way . 22 7. Baseline T he proposed guidelines are compared to a baseline to assess their potential costs and benefits. The baseline is how state and local transportation departments would construct pedestrian facilities in the public right

- of

- way in the absence of the proposed guidelines. All state transportation departments maintain design manuals and standard drawings for improvements in the public right

- of

- way . 23 Most local transportation departments also maintain design manuals

21 Private entities that design, construct, or alter places of public accommodation or commercial facilities on sites are required to comply with accessibility standards included in regulations issued by the Department of Justice to im plement Title III of the Americans with Disabilities Act. See 28 CFR 36.401 through 36.406. State or local law s may require sites with frontage on the public right

- of

- wa y or frontage that will revert to the publi c right

- of

- wa y to make frontage improvements in accordance w ith state or local standards which contain accessibility requirements that are similar to the proposed guidelines.
22 The US Census Bureau criteria for classification of urban and rural areas are available on the web at: http://www.census.gov/geo/www/ua/ua_2k.html

. 23 Links to the design manuals and standard dr aw ings maintained by state transportation departments are available on the Federal Highway Administration website at: http://www.fhwa.dot.gov/programadmin/statemanuals.cfm and http://www.fhwa.dot.gov/programadmin/statestandards.cfm

.16

and standard drawings for improvements in the public right

- of

- way that are consistent with the design manuals and standard drawings maintained by their state transportation departments. State and local transportation departments use publications issued by the American Association of State and Highway

Transportation Officials (AASHTO) in their design manuals and standard drawings , including the “Policy on Geometric Design of Highway s and Streets” (2004) (commonly

referred to as the “AASHTO Green Book”) and the “Guide for the Planning, Design, and Operation of Pedestrian Facilities” (2004) which incorporate accessibility in the design of sidewalks and pedestrian street crossings

. 24 The Federal Highway Administration as part of its stewardship and oversight re sponsibilities has also worked with state transportation departments to incorporate accessibility in their design manuals and standards drawings . The Federal Highway Administration has issued guidance that the accessibility standards in the Department of Justice regulations implementing Title II of the Americans with Disabilities Act and the Department of Transportation regulations implementing S ection 504 “are to be used to the extent feasible” for the design of pedestrian facilities in the public right

- of

- way until new accessibility standards are adopted for these facilities

. 25 The Federal Highway Administration has also issued guidance that the 2005 draft of the proposed guidelines for pedestrian facilities in the public right

- of

- way “are the currently

recommended best practices, and can be considered the state of the practice that could be followed for areas not fully addressed” in the existing accessibility standards. 26 In the absence of the proposed guidelines, this assessment assumes that s tate and local transportation departments will use the revised accessibility standards in the Department of Justice regulations implementing Title II of th e Americans with Disabilities Act (hereinafter referred to as “DOJ 2010 Standards”) to the extent feasible when designing, constructing, or altering pedestrian facilities in the public right

- of

- way , consistent with the guidance issued by the Federal Highwa y Administration , as well as other applicable standards and industry practices. 27 A n anal ys is of the proposed guidelines compared to the DOJ 2010 Standards, other applicable standards, and industry

practices is included in the a ppendix to this report

. The anal ys is consists of three tables. Table 1. Proposed Guidelines Contain Same Requirements as in DOJ 2010 Standards

24 The AASHTO “Policy on Geometric Design of Highways and Streets” and “Guide for the Planning, Design, and Operation of Pedestrian Facilit ies” incorporate accessibility in the design of sidew alks, including minimum clear width, passing spaces, grade, cross slope, protruding objects, and surface treatments; curb ramps, including detectable w arning surfaces; pedestrian overpasses and underpass es; and transit stops and transit shelters.
25 See Federal Highway Administration, Office of Program Administration, “Pedestrians and Accessible Design” at: http://www.fhwa.dot.gov/progra mad mi n/pedestrians.cfm . When the guidance was issued, the applicable accessibility standards in the Department of Justice regulations implementing Title II of the Americans with Disabilities Act and the Department of Transportation regulations implementin g Section 504 adopted the 1991 ADAAG and permitted the Uniform Federal Accessibility Standards to be used.
26 See Federal Highway Administration, “Public Rights

- of

- Way A ccess Advisory” (January 23, 2006) at: http://www.fhwa.dot.gov/environment/bikeped/prw aa.htm

. 27 See footnote 5 regarding the DOJ 2010 standards and effective dates.17

Table 1 anal yz es requirements in the proposed guidelines that are the same as requirements in the DOJ 2010 Standards. 28 The requirements in the proposed guidelines in Table 1 will have no impacts on state and local transportation departments compared to the requirements in the DOJ 2010 standards because the requirements are the same. Table 2. Proposed Guidelines Adapt Requirements in D OJ 2010 Standards Table 2 anal yz es requirements in the proposed guidelines that adapt requirements in the DOJ 2010 Standards to allow for conditions and constraints in the public right

- of

- way . 29 The requirements in the proposed guidelines in Table 2 do not establish greater requirements for accessibility

in the public right

- of

- way than the requirements in the DOJ 2010 Standards and industry practices. Some of the requirements in the proposed gu idelines in Table 2 establish lesser requirements for accessibility in the public right

- of

- way than the requirements in the DOJ 2010 Standards. For example, where the pedestrian access route in a sidewalk is contained within the street or highway right

- of

- way , the grade of the pedestrian access route is permitted to equal the general grade established for the adjacent street or highway to allow for t ypical roadway geometry instead of the running slope requirements for accessible routes on sites . The requi rements in the proposed guidelines in Table 2 will have no impacts on state and local transportation departments compared to the requirements in the DOJ 2010 Standards and industry practices, except for the 2 percent maximum cross slope requirement for ped estrian access routes contained within pedestrian street crossings with stop or yield control where vehicles slow or stop before proceeding through the intersection (see R204.3 and R302.6) . This requirement will have more than minimal impacts on the design and construction of new tabled intersections in hilly

urban areas that contain pedestrian street crossings with stop or yield control. The impacts are anal yz ed in this report. Table 3. Proposed Guidelines Contain Requirements Not in DOJ 2010 Standards Table 3 anal yz es requirements in the proposed guidelines for which there are no corresponding requirements in the DOJ 2010 Standards. 30 The requirements in the proposed guidelines in Table 3 are compared to other applicable accessibility standards and th e 2009 edition of Manual on Uniform Traffic Control Devices for Streets and Highway s (MUTCD). Where the requirements in the proposed guidelines in Table 3 are the same as the requirements in other

28 The requirements analyzed in Table 1include: drinking fountains, public toilet facilities, tables, counters, passenger loading zones, ramps, stairways, handrails, doors, doorw ays, gates, operable parts, clear spaces, knee and toe clearance, and reach ranges.
29 The requirements analyzed in Table 2 include: sidew alks and other pedestrian circulation paths , pedestrian street crossings, pedestrian overpasses and underpasses, pedestrian at

- grade rail crossings, curb ramps and blended transitions, protruding objects, transit stops and transit shelters used by buses and light rail vehicles, on

- street parking, and escalators. The requirements for transit stops and transit shelters used by buses and light vehicles are compared to the accessibility standards in the Department of Transportation regulations implementing the public transportation parts of Title II of the Americans with Disabilities Act.
30 The requirements analyzed in Table 3 include: alternate pedestrian access routes, pedestrian signal phase timing, accessible pedestrian signals and pedestrian pushbuttons, pedestrian street crossings at roundabouts , detectable warning surfaces on curb ramps and blended transitions at pedestrian street crossings, detectable w arning surfaces on pedestrian at

- grade rail crossings not located within a street or highway, pedestrian signs, and benches.18

applicable accessibility

standards or the MUTCD, the requi rements will have no impacts on state and local transportation departments . Where a requirement in the proposed guidelines in Table 3 differs from a corresponding requirement in other applicable accessibility standards or there is no corresponding require ment in other applicable accessibility standards, the analy sis used the following factors to identify whether the requirement will have more than minimal impacts on state and local transportation departments :

 Whether the requirement can be easily incorpor ated into the design of the element or facility ?

 Whether the requirement adds features to the element or facility ?

 Whether the requirement reduces space needed for other purposes?

 What are the additional costs due to the requirement compared to the total design and construction costs for the element or facility ? A requirement that can be easil y incorporated into the design of an element or facilit y, and does not add features to the element or facility or reduce space needed for other purposes will have minimal impacts on state and local transportation departments . A requirement that cannot be easily incorporated into the design of an element or facilit y, adds features to the element or facility , or reduces space needed for other purposes and that r esults in additional costs compared to the total design and construction costs of the element or facilit y which are not negligible (i.e., are worth considering) will have more than minimal impacts on state and local transportation departments

. The anal ys i s identified three requirements in the proposed guidelines in Table 3 that will have more than minimal impacts on state and local transportation departments :

 Detectable warning surfaces on curb ramps and blended transitions at pedestrian street crossings (see R208.1 and R305 );

 Accessible pedestrian signals and pedestrian pushbuttons (see R209); and

 Pedestrian activated signals at roundabout intersections with multi

- lane pedestrian street crossings (see R206 and R306.3.2). The impacts of these requirements are anal yz ed in this report. Questions 1 and 2 in the preamble to the proposed guidelines request s comments on whether other requirements in the proposed guidelines will have more than minimal impacts on state and local transportation departments , in addition to the requirements identified in Tables 2 and 3 , and whether the requirements in the proposed guidelines will have an y unintended positive or negative consequences

. 8. Detectable Warning Surfaces on Curb Ramps and Blended Transitions19

D etecta ble warning surfaces consist of small truncated domes built in or applied to a walking surface that are detectable underfoot

. On pedestrian access routes, detectable warning surfaces indicate the boundary

between a pedestrian route and a vehicular route where there is a flush rather than a curbed connection for pedestrians who are blind or have low vision. The proposed guidelines require detectable warning surfaces to be installed on newl y constructed and altered curb ramps and blended transitions at pede strian street crossings (see R208.1 and R305 ). 31 Current Requirements for Detectable Warning Surfaces on Curb Ramps When the Access Board issued the 1991 ADAAG, the guidelines contained a requirement for detectable warning surfaces on curb ramps. The requirement was temporarily suspended between 1994 and 2001 pending additional research and review of issues relating to requirement. The Access Board deferred addressing detectable warning surfaces on curb ramps in the 2004 ADA and ABA Accessibility Guid elines pending completion of the guidelines for pedestrian facilities in the public right

- of

- way . As a result of these actions, there are different requirements for detectable warning surfaces on curb ramps in the accessibility standards included the regu lations issued by

the Department of Justice implementing Title II of the Americans with Disabilities Act and by

the Department of Transportation implementing Section 504. When the Department of Justice initially issued regulations in 1991 implementing Tit le II of the Americans with Disabilities Act, the regulations required state and local governments to use accessibility

standards (hereinafter referred to as the “DOJ 1991 Standards”) that included the 1991 ADAAG which contained a requirement for detectabl e warning surfaces on curb ramps, or the Uniform Federal Accessibility Standards (UFAS) which did not contain a requirement for detectable warning surfaces on curb ramps. 32 When the Department of Justice adopted the DOJ 2010 Standards, those standards incl uded the 2004 ADA and ABA Accessibility Guidelines which do not contain a requirement for detectable warning surfaces on curb ramps. The Department of Transportation regulations implementing Section 504 require state and local governments that receive fe deral financial assistance directly or indirectl y from the Department to use accessibility

standards that include the 2004 ADA and ABA Accessibility Guidelines, as modified by

the Department, or UFAS. See 49 CFR 27.3 (b). The Department of Transportation modified the 2004 ADA and ABA Accessibility Guidelines by

retaining certain requirements from the 1991 ADAAG, including the requirement for detectable warning surfaces on curb ramps. See 406.8 in Appendix A to 49 CFR part 37. State and local transportat ion departments will be affected differentl y b y the requirement in the proposed guidelines for detectable warning surfaces on curb ramps depending on the accessibility

standards that they

use for curb ramps in the public right

- of

- way . The Access

31 Blended transition perform the same function as curb ramps and connect the pedestrian access route at the level of the sidewalk and the level of the pedestrian street crossing, but have a grade of 5 percent or less (see R105.5). Depressed corners and ra ised pedestrian street crossings are examples of blended transitions.
32 UFAS was issued in 1984 by the General Services Administration and other federal agencies responsible for issuing accessibility standards for facilities covered by the Architectural Barriers Act. See 49 FR 31528 (August 7, 1984).20

Board reviewed the standard drawings for the design of curb ramps on state transportation department websites and found that the transportation departments in all 50 states and the District of Columbia specify detectable warning surfaces on curb ramps in the standard drawings

. 33 Most local transportation departments use standard drawings for the design of curb ramps that are consistent with the standard drawings maintained by their state transportation departments. These state and local transportation departments use either the DOJ 1991 Standards, which include the 1991 ADAAG requirement for detectable warning surfaces on curb ramps, or the Department of Transportation accessibility standards, which include the 2004 ADA and ABA Accessibility

Guidelines as m odified by the Department to include the requirement from the 1991 ADAAG for detectable warning surfaces on curb ramps. 34 Government al Units Affected State and local transportation departments are divided into four groups for the purpose of evaluating the impacts of the requirement in the proposed guidelines for detectable warning surfaces on curb ramps:

 Group 1 consists of state and local transportation departments that use UFAS for curb ramps as currentl y permitted by the Department of Justice and Depar tment of Transportation regulations implementing Title II of the Americans with Disabilities Act and Section 504. UFAS did not contain a requirement for detectable warning surfaces on curb ramps. The Access Board is not aware of any state and local trans portation departments that use UFAS . The Department of Justice regulations do not permit the use of UFAS on or after March 15, 2012. See 28 CFR 35.151 (c) (3). Thus, Group 1 will cease to exist as of March 15, 2012, and an y state and local transportatio n departments currentl y in Group 1 will fall into one of the other groups.

 G roup 2 consists of state and local transportation departments that receive federal financial assistance directly or indirectly

from the Department of Transportation. State and local transportation departments in Group 2 are required to comply with the accessibility

standards in the Department of Justice regulations implementing Title II of the Americans with Disabilities Act and the Department of Transportation regulations implementing Section 504. Where the requirements in the accessibility standards in the Department of Justice and Department of Transportation regulations differ, the more stringent requirement must be used. Excluding any state and local transportation departments in Group 1, state and local transportation departments in Group 2 must

33 Links to each state transportation department’s standard drawings that specify detectable warning surfaces on curb ramps are available on the Access Board w ebsite at: http://www.access

- board.gov/prow ac/index.htm

. 34 The DOJ 1991 S tandards require detectable w arning surfaces to extend the full width and depth of the curb ramp (see 4.7.7, Appendix E to 28 CFR part 36). The Department of Transportation standards require detectable w arning surfaces to extend the full width of the curb ramp (exclusive of flared sides) and either the full depth of the curb ram p or 24 inches deep minimum measured from the back of the curb on the ramp surface (see 406. 8, Appendix A to 49 CFR part 37). Guidance issued by the Department of Justice permits the use of the Department of Transportation standards for detectable w arning surfaces on curb ramps. See Department of Justice, “ADA Best Practices Tool Kit for State and Local Governments, Curb Ramps and Pedestrian Crossings” (May 7, 2006) at: http://www.ada.gov/pcatoolkit/toolkitmain.htm

.21

comply with the requirement for detectable warning surfaces on curb ramps in the Department of Transportation regulations because it is the more stringent requirement. All state transportation departments and most local transportation departments are in Group 2 and specify detectable warning surfaces on curb ramps in the ir standard drawings . The requirement in the proposed guidelines for detectable warning surfaces on curb ramps will not have any impacts on state and local transportation departments in Group 2.

 Group 3 consists of local transportation departments that do not receive federal financial assistance directly

or indirectl y from the Department of Transportation. L ocal transportation departments in Group 3 are required to comply onl y with the accessibility standards in the Department of Justice regulations implementing Title II of the Americans with Disabilities Act. Excluding an y local transportation departments in Group 1, local transportation departments in Group 3:

o Used the DOJ 1991 S tandards, which include the 1991 ADAAG and contain a requirement for detectable warning surfaces on curb ramps, before September 15, 2010. See 28 CFR 35.151 (c) (1).

o Are permitted to use the DOJ 1991 Standards, which include the 1991 ADAAG and contain a requirement for detectable warning surfaces on curb ramps, or the DOJ 2010 Standards, which include the 2004 ADA and ABA Accessibility Guidelines and do not contain a requirement for detectable warnings on curb ramps, between September 15, 2010 and March 14, 2012. See 28 CFR 35.151 (c) (2).

o Must use the DOJ 2010 S tandards , which include the 2004 ADA and ABA Accessibility

Guidelines and do not contain a requirement for detectable warnings on curb ramps, on or after March 15, 2012. See 28 CFR 35.151 (c) (3). Thus, local transportation departments in Group 3 were required t o provide detectable warning surfaces on curb ramps before September 15, 2010; may or may not be required to provide detectable warning surfaces on curb ramps between September 15, 2010 and March 14, 2012 depending on the accessibility standard they

use (D OJ 1991 Standard s or DOJ 2010 Standard s ); and are not required to provide detectable warning surfaces on curb ramps on or after March 15, 2012 pending the future adoption of accessibility standards for pedestrian facilities in the public right

- of

- way by th e Department of Justice

.
 Group 4 consists of state and local transportation departments that do not comply with accessibility

standards for curb ramps in the public right

- of

- way . The Department of Justice and Federal Highway Administration have provided guidance on the accessibility standards that appl y to curb ramps in the public right

- of

- way , including the requirement for detectable warning surfaces. 35 Despite the guidance provided b y the Department of

35 See Department of Justice, “ADA Best Practices Tool Kit for State and Local Governments, Curb Ramps and Pedestrian Crossings” (May 7, 2006) at: http://www.ada.gov/pcatoolkit/toolkitmain.htm ; and Federal Highway22

Justice and Federal Highway Administration on the accessibility standards that apply

to curb ramps in the public right

- of

- way , there may

be state and local transportation departments that do not comply with the standards. The impacts of the requirement in the proposed guidelines for detectable warni ng surfaces on curb ramps on state and local transportation departments in Groups 1, 2, 3, and 4 are summarized in the table below. Group Standards Used Impacts 1 UFAS

– did not contain requirement for detectable warning surfaces on curb ramps Not aware of an y state and local transportation departments in Group 1 Question 4 in preamble to proposed guidelines seeks information on state and local transportation departments in Group 1 Group 1 will cease to exist as of March 15, 2012, and an y stat e or local transportation departments currentl y in Group 1 will fall into one of the other groups 2* Standards in Department of Transportation regulations implementing Section 504

– contains requirement for detectable warning surfaces on curb ramps Group 2 consists of state and local transportation departments that receive federal financial assistance directly or indirectly from the Department of Transportation No impacts on state and local transportation departments in Group 2 compared to standards currentl y used 3 * Standards in Department of Justice regulations implementing Title II of the Americans with Disabilities Act Before September 15, 2010: DOJ 1991 Standards

– contains requirement for detectable warning surfaces on curb ramps Between September 15, 2010 and March 14, 2012: DOJ 1991 Standards

– contains Group 3 consists of local transportation departments that do not recei ve federal financial assistance directly or indirectly from the Department of Transportation Impacts will depend on standards used and whether behavior will change as a result of DOJ 2010 Standards Question 5 in preamble to proposed guidelines seeks info rmation on whether Ad ministration, “Information on Detectable Warnings” (May 6, 2002) at: http://www.fhwa.dot.gov/environment/ bikeped/dwm.htm

.23

Group Standards Used Impacts

requirement for detectable warning surfaces on curb ramps; or DOJ 2010 Standards

– does not contain requirement for detectable warning surfaces on curb ramps On or after March 15, 2012: DOJ 2010 Standards

– does not contain requirement for detectable warning surfaces on curb ramps local transportation departments in Group 3 will continue or discontinue providing detectable warning surfaces on curb ramps pending the future adoption of accessibility

standards for pedestrian facilities in the public right

of

- way by the Department of Justice

4 Do not comply

with accessibility standards for curb ramps Unknown how man y state and local transportation departments are in Group 4 Question 6 in preamble to proposed guidelines requests comments on whether the future adoption of accessibility

standards for pedestrian facilities in the public right

- of

- way by the Department of Justice and Department of Transportation will have a positive or negative effect, or no effect on compliance rates b y state and local transportati on departments , particularl y with respect to providing detectable warning surfaces on curb ramps Group s 2 and 3 exclude state and local transportation departments in Group 1. Costs to Provide Detectable Warning Surfaces on Curb Ramps Detectable warning surfaces are available in a variety of materials. The Volpe Center gathered data from local transportation departments and vendors on various detectable warning materials and estimated the costs of 8 square feet of the materials for a t ypi cal curb ramp as shown in the table below. The estimates do not include installation costs. Detectable Warning Materials Costs for Typical Curb Ramp (Installation Costs Not Included) Concrete pavers $48 to $80 Brick pavers $128 Poly mer and composite materials $120 to $200 Stainless steel or cast iron products $24024

Questions 7 and 8 in the preamble to the proposed guidelines seek additional information on the costs for detectable warning materials and installation of the materials on a ty p ical curb ramp, and the number of curb ramps that are constructed or altered on an annual basis in the public right

- of

- way by state and local transportation departments

. 9. Accessible Pedestrian Signals and Pedestrian Pushbuttons An accessible pedestrian signal and pedestrian pushbutton is an integrated device that communicates information about the WAL K and DON’T WALK intervals at signalized intersections in non

- visual formats (i.e., audible tones and vibrotactile surfaces) to ped estrians who are blind or have low vision . The pedestrian pushbutton has a locator tone for detecting the device and a tactile arrow to indicate which pedestrian street crossing is served b y the device. The MUTCD contains standards for accessible pedestr ian signals and pedestrian pushbuttons, but does not require that they be provided. The proposed guidelines require accessible pedestrian signals and pedestrian pushbuttons to be provided whe n new pedestrian signals are installed (see R209.1)

. For existing pedestrian signals, the proposed guidelines require accessible pedestrian signals and pedestrian pushbuttons to be provided when the signal controller and software are altered, or the signal head is replaced (see R209.2) . Accessible pedestrian si gnals and pedestrian pushbuttons must comply with the referenced standards in the MUTCD and the technical requirements for operable parts in Chapter R4. Government al Units Affected The Transportation Equity Act for the 21st Century

(TEA

- 21) directed that audible traffic signals be included in transportation plans and projects where appropriate. See 23 U.S.C. 217 (g). Some state and local transportation departments currentl y provide accessible pedestrian signals and pedestrian pushbuttons when pedestrian signals are newl y installed or replaced at signalized intersections

. The requirement in the proposed guidelines for accessible pedestrian signals and pedestrian pushbuttons will have impacts on state and local transportation departments that do not currentl y provide accessible pedestrian signals and pedestrian pushbuttons when pedestrian signals are newly

installed or replaced at signalized intersections

. Question 9 in the preamble to the proposed guidelines seeks information on how many state and local transportation departments currentl y provide accessible pedestrian sign als and pedestrian pushbuttons when pedestrian signals are newl y installed or replaced at signalized intersections

. Costs to Provide Accessible Pedestrian Signals and Pedestrian Pushbuttons The Volpe Center estimated the additional cost for an accessible pedestrian pushbutton compared to conventional pushbutton is $350 per unit. For a ty pical intersection with four crosswalks, two accessible pedestrian pushbuttons would be required at each c orner for a total of eight units per intersection and a total additional cost of $2,800 for the eight units. The cost of the units is expected to decrease as a result of the proposed guidelines due to greater standardization of customer requirements and i ncreased orders. The total additional cost to provide accessible pedestrian signals and pedestrian pushbuttons, including labor and other equipment such as stub poles and conduit , will vary by location. The Volpe Center estimated that the total additiona l25

costs are $3,600 per intersection based on a published cost study and interviews with loca l transportation departments

. Question 10 in the preamble to the proposed guidelines seeks information from state and local transportation departments that current ly provide accessible pedestrian signals and pedestrian pushbuttons on the additional costs to provide the accessible pedestrian signals and pedestrian pushbuttons. The Volpe Center estimate d that pedestrian signals are newly installed or replaced at 13,095 signalized intersections on an annual basis based on the following assumptions :

 T here are over 300,000 existing signalized intersections in the United States using a rule

of

- thumb of one signalized intersection per 1,000 population. 36

 There are 2,5 50 new signalized intersections in the United States each y ear based on the US Census Bureau forecast of future population growth (0.85 percent )

.

 Ninety

( 90 ) percent of new and existing signalized intersections in the United States provide pedestrian sign als

.

 T he life cy cle or replacement rate for existing pedestrian signals is 25 y ears. T he Volpe Center estimated that the total annual costs are $47 million for requiring accessible pedestrian signals and pedestrian pushbuttons when pedestrian signals are newly installed or replaced at signalized intersections

. Question 1 1 in the preamble to the proposed guidelines requests comments on the assumptions used to estimate the total annual costs for requiring accessible pedestrian signals and pushbuttons when pedestrian signals are newly installed or replaced at signalized intersections

. 10. Newly Constructed Tabled Intersections That Contain Pedestrian Street Crossings with Yield or Stop Control Cross slope is the slope perpendicular to the direction of pedestrian travel (see R105.5 ). Cross slope impedes travel b y pedestrians who use wheeled mobility devices since energy

must be expended to counteract the perpendicular force of the cross slope. Cross slope makes it more difficult for pedestrians who use wheelchairs to travel on uphill slopes and to maintain balance and control on downhill slopes. Cross slope also negativel y affects pedestrians who use braces, lower limb prostheses, crutches, or walkers, as well as pedestrians who have gait, balance, or stamina impairments. The proposed guidelines specify a maximum cross slope of 2 percent for pedestrian access routes, including pedestrian access routes within sidewalks and pedestrian

36 See MUTCD “Frequently Asked Questions

– Part 4

– Highway Traffic Signals” at: http://mutcd.fhwa.do t. gov/knowledge/faqs/faq_part4.htm

.26

street crossings with yi eld or stop control where vehicles slow or stop before proceeding through the intersection (see R204.3 and R302.6). 37 In new construction, where pedestrian access routes within sidewalks intersect at corners, the 2 percent maximum cross slope requirement will result in level corners (i.e., the slope at the corners will not exceed 2 percent in each direction of pedestrian travel). The level corners will provide a platform for providing level spaces for curb ramps and blended transitions, pedestrian street crossings, and accessible pedestrian signals and pedestrian pushbuttons. The cross slope of the pedestrian access route within the pedestrian street crossing is the longitudinal grade of the street being crossed, and the 2 percent maximum cross slope requirement will impact the vertical alignment of streets in the vicinity of the intersection. In new construction, street intersections in hilly urban areas are ty

pically cut
- and filled to produce relative flat or tabled intersections. Where pedestrian street crossings with yi eld or stop control are prov ided at newly constructed tabled intersections, the tabling would be extended to the pedestrian street crossings to compl y with the 2 percent maximum cross slope for pedestrian access routes within the pedestrian street crossings. Government al Units Affec ted The 2 percent maximum cross slope requirement for pedestrian access routes in the proposed guidelines will affect state and local transportation departments that do not extend the tabling of newly constructed intersections to pedestrian street crossings with yi eld or stop control

. Question 1 4 in the preamble to the proposed guidelines seeks information on the current design policies and practices of state and local transportation departments with respect to the tabling newly constructed interse ctions in hilly urban areas, particularl y with respect to extending the tabling to pedestrian street crossings with y ield or stop control. Costs to Ex tend Tabling to Pedestrian Street Crossings with Yield or Stop Control In new construction, extending the tabling of intersections to pedestrian street crossings with yi eld or stop control involves additional costs for site preparation, grading, and earthwork. The Volpe Center roughl y estimated the additional costs for exten ding the tabling to pedestrian street crossings with yi eld or stop control are $60,000 per intersection based on information provided by a transportation official to the Access Board. The costs will vary by site. Question s 1 5 and 1 6 in the preamble to th e proposed guidelines seeks information on the additional costs to extend the tabling of newl y constructed intersections to pedestrian street crossings with yi eld or stop control , and the number of tabled intersections which contain pedestrian street cross ings with y ield or stop control that are newl y constructed in hilly urban areas on an annual basis by state and local transportation departments

.

37 Pedestrian access routes within pedestrian street crossings without yield or stop control where vehicles can proceed through the intersection without slowing or stopping are permitted to have a 5 percent maximum cr oss slope (see R302.6.1).27

11. Pedestrian Activated Signals at Roundabouts with Multi - Lane Pedestrian Street Crossings A roundabout is a circular intersection with yield control at entry , which permits a vehicle on the circulatory

roadway to proceed, and with deflection of the approaching vehicle counter

clockwise around a central island (MUTCD section 1A.13 ). The continuous traffic flo w at roundabouts removes many of the audible cues that pedestrians who are blind use to navigate pedestrian street crossings. At new roundabouts with multi

- lane pedestrian street crossings, the proposed guidelines require pedestrian activated signals to be provided for each multi

- lane segment of each crossing, including the splitter island (see R206 and R306.3.2). The pedestrian activated signals are required to comply with the MUTCD standards for accessible pedestrian signals and pedestrian pushbutto ns. Pedestrian Hy

brid Beacons can be used at roundabouts (see MUTCD sections 4F.01 through 4F.03). Pedestrian Hy

brid Beacons are traffic signals that consist of a yellow signal centered below two horizontally

aligned red signals. The signals are normall y dark (i.e., not illuminated). The signals are initiated only upon pedestrian activation and can be timed to minimize the interruption of traffic. The signals cease operation after the pedestrian clears the crosswalk. When activated b y a pedestrian, th e following signals are display ed to drivers: a flashing yellow signal, then a stead y yellow signal, then two steady red signals during the pedestrian walk interval, and then alternating flashing red signals during the pedestrian clearance interval. The f ollowing signals are display ed to pedestrians: a steady upraised hand (s ymbolizing DONT WAL K) when the flashing or stead y yellow signal is operating, then a walking person (sy mbolizing WALK) when the steady red signals are operating, and then a flashing up raised hand (s ymbolizing DONT WAL K) when the alternating flashing red signals are operating. Government al Units Affected The requirement for pedestrian activated signals at roundabouts with multi

- lane pedestrian street crossings will affect state and local transportation departments that construct new roundabouts with multi

- lane pedestrian street crossings. The Volpe Center estimated that state and local transportation departments construct 27 new roundabouts with multi

- lane pedestrian stree t crossings on an annual basis

. 38 Costs to Provide Pedestrian Activated Signals at Roundabouts with Multi

- Lane Pedestrian Street Crossings The Volpe Center estimated the cost to provide pedestrian activated signals at new roundabouts with multi

- lane pedestrian street crossings to range from $90,000 to $230,000 per roundabout, and the total annual costs for requiring pedestrian activated signals at new roundabouts with multi

- lane pedestrian street crossings to range from $2.4 million to $6.2 million. Question s 18
38 The Volpe Center used the roundabout database at: http://roundabout.kittelson.com/ to estimate the number of new roundabouts with multi

- lane pedestrian street crossings that are constructed on an annual basis. During the five year period betw een 2005 and 2009, 435 roundabouts were constructed, of which 117 w ere m ulti

- lane. The data wa s adjusted for a small number of roundabouts that are listed in the database as having an “unknown” number of lanes and for roundabouts that do have any pedestrian facilities (i.e., sidew alks and pedestrian street crossings).28

and 19 in the preamble to the proposed guidelines seek additional information on the number of roundabouts with multi

- lane pedestrian street crossings that are newl y constructed on an annual basis by state and local transportation departments, and the costs to provide pedestrian activated signals at newly

constructed roundabouts with multi

- lane pedestrian street crossings. 12. Benefits The proposed guidelines will benefit pedestrians with disabilities. The U.S. Census Bureau reports that 54 .4 million Americans, about one in five U.S. residents, reported some level of disability in 2005. 39 The number of individuals with disabilities is almost equal to the combined total population of California and Florida. The U.S. Census Bureau provides th is breakdown of the population of people aged 15 and older:

 27.4 million (11.9 percent) had difficult y with ambulatory activities of the lower bod y;

 22.6 million people (9.8 percent) had difficulty walking a quarter of a mile;

 21.8 million (9.4 percent ) had difficult y climbing a flight of stairs;

 10.2 million (4.4 percent) used a cane, crutches, or walker to assist with mobility ;

 3.3 million (1.4 percent) used a wheelchair or other wheeled mobility device; and

 7.8 million (3 percent) had difficulty seeing words or letters in ordinary newspaper print, including 1.8 million who are completely unable to see. Executive Order 13563 states that to the extent permitted by law federal agencies must “propose or adopt a regulation only upon a reasoned determi nation that its benefits justify its costs (recognizing that some benefits and costs are difficult to quantify)” and that “where appropriate and permitted b y law, each agency may consider and (discuss qualitativel y) values that are difficult or impossible to quantify , including equity , human dignit y, fairness, and distributive impacts.” The proposed guidelines promote important societal values that are difficult or impossible to quantify

. As discussed above under the Need for Rulemaking, when enacting the Americans with Disabilities Act, Congress found “the discriminatory effects of architectural, transportation, and communication barriers” to be a continuing problem that “ denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society

is justifiably

famous, and costs the United States billions of dollars in unnecessary

expenses resulting from dependen cy and nonproductivity

. ” 42 U.S.C. 12101 (a) (5) and (9)

. Congress declared that “the Nation’s proper goals regarding individuals with disabilities are to assure equality

of opportunity , full participation, independent living, and economic self

sufficien cy .” 42 U.S.C. 12101 (a) (8). The proposed guidelines promote the goals declared b y Congress b y eliminating the discriminatory effects of architectural, transportation, and communication barriers in the design and construction of pedestrian facilities in the public right

-
39 “Americans with Disabiliti es: 2005” (2008) available on the w eb at: http://www.census.gov/prod/2008pubs/p70

- 117.pdf

.29

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, transportatio n, 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). 13. Impacts on Small Governmental Jurisdi ctions 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 b y the Regulatory Flexibility Act (5 U.S.C. §603). Reasons for issuing proposed acc essibility guidelines The Access Board’s current accessibility guidelines, the 2004 ADA and ABA Accessibility Guidelines , were developed primaril y for buildings and facilities on sites . Some of the requirements in the 2004 ADA and ABA Accessibility Guidelines can be readily applied to pedestrian facilities in the public right

- of

- way , but other requirements need to be adapted for pedestrian facilities in the public right

- of

- way . The proposed guidelines are developed specificall y for pedestrian facili ties in the public right

- of

- way and address conditions and constraints that exist in the public right

- of

- way . Objectives of, and legal basis for, proposed accessibility guidelines The Access Board is required to issue accessibility guidelines b y the Amer icans with Disabilities Act (42 U.S.C. §12204) and Section 502 of the Rehabilitation Act (29 U.S.C. §792) to ensure that newly

constructed and altered facilities are readily accessible to and usable by pedestrians with disabilities. Small governmental jur isdictions affected by proposed accessibility guidelines The number of small governmental jurisdictions with a population less than 50,000 affected b y the proposed guidelines is shown in the table below.

Government al Jurisdictions Population Less Than 50,000 County 2,178 Municipal 18,824 Town or Township 16,371

Total 37,375 Source: US Census Bureau 2002 Census of Governments available at: http://www.census.gov/prod/2003pubs /gc021x1.pdf

. Almost 70 percent of municipal governments (13,038) and more than 75 percent of towns and townships (12,331) have a population of less than 2,500 . Many of these small governmental30

jurisdictions are locat ed in rural areas, which generally do not construct pedestrian transportation networks (e.g., sidewalks, pedestrian street crossings , and pedestrian signals). Compliance requirements The proposed accessibility guidelines address the design , construction, and alteration of pedestrian facilities in the public right

- of

- way , including sidewalks, pedestrian street crossings, pedestrian overpasses and underpasses, curb ramps and blended transitions at pedestrian street crossings, pedestrian signals, street furn iture (i.e., drinking fountains, public toilet facilities, tables, counters, and benches), pedestrian signs, transit stops and transit shelters for buses and light rail vehicles, on

- street parking that is marked or metered, and passenger loading zones. Th e Section

- by

- Section Analy sis of the preamble describes the proposed accessibility guidelines. Compliance with the proposed accessibility guidelines is not mandatory until they

are adopted, without or without additions and modifications, as accessibility standards by other federal agencies. There are no reporting or recordkeeping requirements. Other federal rules The Department of Justice, Department of Transportation, and General Services Administration are responsible for issuing accessibility standards that are consistent with the accessibility guidelines issued b y the Access Board and are expected to conduct rulemaking to adopt the proposed guidelines, with or without additions and modifications, as accessibility standards in regulations implementing Title II of the Americans with Disabilities Act (28 CFR part 36 and 49 CFR part 37), Section 504 of the Rehabilitation Act (49 CFR part 27), and the Architectural Barriers Act (41 CFR part 102). Additional information on these laws and regulations is provided under the Statutory and Regulatory

Background in the preamble to the proposed guidelines. Significant alternatives which minimize any significant economic impacts on small entities The regulatory

assessment analyzes the follow ing four requirements in the proposed guidelines that will have more than minimal impacts on state and local transportation departments :

 D etectable warning surfaces required on newly constructed and altered curb ramps and blended transitions at pedestrian street crossings (see R208.1 and R305)

. Detectable warning surfaces consist of small truncated domes that are detectable underfoot. W here curb ramps or blended transitions are provided at pedestrian street crossings, d etectable warning sur faces indicate the boundary between a pedestrian route and a vehicular route for pedestrians who are blind or have low vision in place of the missing curb.

 Accessible pedestrian signals and pedestrian pushbuttons required when pedestrian signals newl y installed or replaced at signalized intersections (see R209)

. Accessible pedestrian signals and pedestrian pushbuttons communicate the information about the WAL K 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.31

 Maximum cross slope of 2 percent required on pedestrian access routes , including within pedestrian street crossings with y ield or stop control

. Cross slope is the slope perpendicular to the direction of pedestrian travel

. Cross slope impedes travel by pedestrians who use wheeled mobility devices since energy

must be expended to counteract the perpendicular force of the cross slope. Th e 2 percent maximum cross slope require d on pedestrian access routes has more than minimal impacts on the construction of new tabled intersections in hilly urban areas that contain pedestrian street crossings with yi eld or stop control where vehicles slow or stop before proceeding through the intersection.

 Pedestrian activated signals at roundabouts with multi

- lane pedestrian street crossings. A roundabout is a circular intersection with yield control at entry , which permits a vehicle on the circulatory

r oadway to proceed, and with deflection of the approaching vehicle counter
- clockwise around a central island . Pedestrian activated signals are required at roundabouts with multi

- lane pedestrian street crossings to facilitate crossing b y pedestrians who are blind or have low vision. S mall governmental jurisdictions with a population less than 50,000 are not likel y to construct roundabouts with multi

- lane pedestrian street crossings and will not be affected by this requirement. There are no significant alternatives that will minimize any significant impacts of these requirements on small governmental jurisdictions and achieve the objectives of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Arc hitectural Barriers Act to eliminate the discriminatory effects of architectural, transportation, and communication barriers in the design and construction of pedestrian facilities in the public right

- of

- way . 14. Conclusion Based on the anal ys is of the information in this report, the Access Board has made a preliminary determin ation that the benefits of the proposed guidelines justify the costs . The Access Board has also anal yz ed the impacts of the proposed guidelines on sma ll governmental jurisdictions and determined that there are no significant alternatives that will minimize any significant impacts on small governmental jurisdictions and achieve the objectives of the Americans with Disabilities Act, Section 504 of the Reh abilitation Act, and the Architectural Barriers Act to eliminate the discriminatory

effects of architectural, transportation, and communication barriers in the design and construction of pedestrian facilities in the public right

- of

- way .