UNITED STATES ACCESS BOARD

WASHINGTON, DC

REGULATORY ASSESSMENT OF 

PROPOSED ACCESSIBILITY GUIDELINES FOR 

PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY

June 2011
1

TABLE OF CONTENTS

EXECUTIVE SUMMARY ............................................................................................. 2

1. Introduction .................................................................................................................. 7

2. Statutory and Regulatory Background ......................................................................... 7

3. Need for Rulemaking ................................................................................................. 10

4. Rulemaking History ....................................................................................................11

5. Overview of Proposed Guidelines ............................................................................. 13

6. Governmental Jurisdictions Affected ....................................................................... 14

7. Baseline....................................................................................................................... 15

8. Detectable Warning Surfaces on Curb Ramps and Blended Transitions ................... 18

9. Accessible Pedestrian Signals and Pedestrian Pushbuttons........................................ 23

10. Newly Constructed Tabled Intersections That Contain

 Pedestrian Street Crossings with Yield or Stop Control............................................. 25

11. Pedestrian Activated Signals at Roundabouts with 

 Multi-Lane Pedestrian Street Crossings...................................................................... 26

12. Benefits .......................................................................................................................28

13. Impacts on Small Governmental Jurisdictions .......................................................... 29

14. Conclusion ................................................................................................................. 31

APPENDIX – COMPARISION OF PROPOSED GUIDELINES AND

 DOJ 2010 ADA STANDARDS FOR ACCESSIBLE DESIGN
2

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 analyzes 

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 Disabilities 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 for 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 barriers 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 specifically for pedestrian facilities in the public 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 altered in the public right-of-way by state and local 

governmental units are readily accessible to and usable by pedestrians with disabilities. For ease 

of reference, these state and local governmental 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 transportation department design manuals and standard drawings. State and local 

transportation departments use publications issued by the American Association of State and 

Highway Transportation Officials (AASHTO) in their design manuals and standard drawings, 

including the “Policy on Geometric Design of Highways and 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 of 
3

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 proposed guidelines, the regulatory assessment assumes that state 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 rightof-way, consistent with the guidance issued by the Federal Highway Administration, as well as 

other applicable standards and industry practices. An analysis of the proposed guidelines 

compared to the DOJ 2010 Standards, other applicable standards, and industry practices is 

included in the appendix to the regulatory assessment. The analysis identified four requirements 

in the proposed guidelines that will have more than minimal impacts on state and local

transportation departments. The factors used to identify whether the requirements in the 

proposed guidelines will have more than minimal impacts are discussed in 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 on the governmental 

units affected.

Requirements in Proposed Guidelines That Will Have 

More Than Minimal Impacts on State and Local Transportation Departments

Requirement Governmental Units Affected

Detectable warning surfaces required on 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 currently provide 

detectable warning surfaces on curb ramps 

All state transportation departments currently 

specify detectable warning surfaces on curb 

ramps in their standard drawings; most local 

transportation departments maintain standard 

drawings that are consistent with standard 

drawings maintained by their state 

transportation departments

Questions 4, 5, and 6 in preamble seek 

information on state and local transportation 

departments that do not currently provide 

detectable warning surfaces on curb ramps

Accessible pedestrian signals and pushbuttons

required when pedestrian signals newly 

installed or replaced at signalized intersections 

(R209) 

Will affect state and local transportation 

departments that do not currently provide 

accessible pedestrian signals and pedestrian 

pushbuttons when pedestrian signals are newly 

installed or replaced at signalized intersections
4

Requirements in Proposed Guidelines That Will Have 

More Than Minimal Impacts on State and Local Transportation Departments

Requirement Governmental Units Affected

Some state and local transportation 

departments currently provide accessible 

pedestrian signals and pedestrian pushbuttons 

when pedestrian signals are newly installed or 

replaced at signalized intersections; TEA-21 

(23 U.S.C. 217 (g)) directed that audible traffic 

signals be included in transportation plans and 

projects where appropriate

Question 9 in preamble seeks information on 

state and local transportation departments that 

currently provide accessible pedestrian signals 

and pedestrian pushbuttons when pedestrian 

signals are newly installed or replaced at 

signalized intersections

Maximum cross slope of 2 percent required on 

pedestrian access routes, including within

pedestrian street crossings with yield 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 yield or stop 

control

Question 14 in preamble seeks information on 

the current design policies and practices of 

state and local transportation departments with 

respect to tabling newly constructed 

intersections in hilly urban areas, particularly

with respect to extending the tabling to 

pedestrian street crossings with yield or stop 

control 

Pedestrian activated signals required at 

roundabouts with multi-lane pedestrian 

crossings (R206 and R306.3.2)

Will affect state and local transportation 

departments that construct new roundabouts

with multi-lane pedestrian street crossings

The Access Board entered into an interagency agreement with the Volpe National Transportation 

Systems Center (Volpe Center) to gather data and prepare cost estimates for the regulatory

assessment. The cost estimates prepared by the Volpe Center are summarized in the table below, 

along with questions in the preamble to the proposed guidelines that seek additional information 

to refine the cost estimates.
5

Estimated Total Annual Costs for Requirements That Will Have 

More Than Minimal Impacts on State and Local Transportation Departments

Requirement

Additional Costs Per 

Element or Facility 

Due to Requirement

Number of Elements 

or Facilities 

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 typical 

curb ramp 

Question 8 in 

preamble seeks 

additional information 

on costs for detectable 

warning materials and 

installation of the 

materials on typical 

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 rightof-way

No estimate provided

Total annual costs 

will depend on 

number of state and 

local transportation 

departments that do 

not currently 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 newly 

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 

signals and pedestrian 

pushbuttons at 

signalized 

intersections

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 

within pedestrian 

street crossings with 

yield or stop control 

(R204.3 and R302.6)

$60,000 per tabled 

intersection

Question 15 in 

preamble seeks 

additional information 

on costs to extend 

tabling of newly

constructed 

intersections in hilly

urban areas to 

No information 

available

Question 16 in 

preamble seeks 

information on 

number of tabled 

intersections which 

contain pedestrian 

street crossings with 

yield or stop control 

No estimate provided

Total annual costs 

will depend on 

number of tabled 

intersections which 

contain pedestrian 

street crossings with 

yield or stop control 

that are newly

constructed in hilly
6

Estimated Total Annual Costs for Requirements That Will Have 

More Than Minimal Impacts on State and Local Transportation Departments

Requirement

Additional Costs Per 

Element or Facility 

Due to Requirement

Number of Elements 

or Facilities 

Constructed or 

Altered on Annual 

Basis

Total Annual Costs 

for Requirement

pedestrian street 

crossings with yield 

or stop control

that are newly

constructed 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 19 in 

preamble seeks 

additional information 

on costs to provide 

pedestrian activated 

signals 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 proposed 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 public 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 analysis 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 newly constructed and altered facilities to be accessible to individuals with disabilities: 

the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Architectural 

Barriers Act.

Americans with Disabilities Act 

The Americans with Disabilities Act (42 U.S.C. 12101 et seq.) is a federal civil rights law that 

prohibits discrimination against individuals with disabilities. Title II of the Americans with 

Disabilities Act covers state and local governments.2 The Department of Justice is responsible 

for issuing regulations to implement Title II of the Americans with Disabilities Act, except for 

the public transportation parts.3 The 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 or above. The federal agencies are: The Departments of Commerce, Defense, Education, Health and 

Human Services, Housing and Urban Development, Interior, Justice, Labor, Transportation, and Veterans Affairs; 

General Services Administration; and United States Postal Service.

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-of-way are constructed and altered by 

state and local governments.

3

 Title II of the Americans with Disabilities Act contains two subtitles. Subtitle A applies to all state and local 

government programs, services, and activities. Subtitle B contains two parts. Subtitle B, Part I applies to designated 

public transportation provided by state and local governments by bus, rail, or other conveyance (other than aircraft 

or intercity or commuter rail) as a general or special service (including charter service) to the general public on a 

regular and continuing basis. Subpart B, Part II applies to public transportation provided by the National Railroad 

Passenger Corporation and commuter authorities by intercity and commuter rail. The Department of Justice is 

responsible for issuing regulations to implement Subtitle A of Title II, except for matters within the scope of 
8

accessibility standards for the design, construction, and alteration of facilities (other than 

facilities used in the provision of public transportation covered by regulations issued by the 

Department of Transportation).4 The Department of Justice’s accessibility standards adopt, with 

additions and modifications, the Access Board’s current guidelines, which are discussed below 

under the Need for Rulemaking.5 See 28 CFR 35.104 and 35.151.

The Department of Transportation is responsible for issuing regulations to implement the public 

transportation parts of Title II of the Americans with Disabilities Act.6 The regulations issued by

the Department of Transportation include accessibility standards for the design, construction, and 

alteration of facilities used in the provision of public transportation covered by the public 

transportation parts of Title II of the Americans with Disabilities Act. The Department of 

Transportation’s accessibility standards adopt, with additions and modifications, the Access 

Board’s current guidelines, which are discussed below under the Need for Rulemaking. See 49 

CFR 37.9 and Appendix A to 49 CFR part 37.

The Department of Justice is responsible for overall enforcement of Title II of the Americans 

with Disabilities Act. The Department of Justice has designated the Department of 

Transportation as the federal agency responsible for investigating complaints and conducting 

compliance reviews “relating to programs, services, and regulatory activities relating to 

transportation, including highways.” See 28 CFR 35.190 (b) (8).

Section 504 of the Rehabilitation Act

Section 504 of the Rehabilitation Act (29 U.S.C. 794) (hereinafter referred to as “Section 504”) 

prohibits discrimination against individuals with disabilities under any program or activity

 

authority of the Department of Transportation under Parts I and II of Subtitle B of Title II. See 42 U.S.C. 12134. 

The Department of Transportation is responsible for issuing regulations to implement Parts I and II of Subtitle B of 

Title II. See 42 U.S.C. 12149 and 12164.

4

 Subtitle A of Title II of the Americans with Disabilities Act requires that the regulations issued by the Department 

of Justice include accessibility standards that are “consistent with the minimum guidelines and requirements issued 

by the Architectural and Transportation Barriers Compliance Board.” 42 U.S.C. 12134(c). The accessibility 

standards issued by the Department of Justice can include additional or modified requirements provided they are 

consistent with the Access Board’s guidelines.

5

 In September 2010, the Department of Justice issued regulations with revised accessibility standards for Titles II 

and III of the Americans with Disabilities Act (DOJ 2010 Standards). See 75 FR 56164 (September 15, 2010). 

Compliance with the DOJ 2010 Standards is required on or after March 15, 2012. State and local governments are 

permitted to comply with earlier standards (DOJ 1991 Standards without the elevator exception or UFAS) or the 

DOJ 2010 Standards between September 15, 2010 and March 14, 2012. Additional information on the applicable 

standards and their effective dates is available on the Department of Justice 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 the Architectural and Transportation Barriers Compliance Board.” 42 U.S.C. 12149 (b) 

and 12163. The accessibility standards issued by the Department of Transportation can include additional or 

modified requirements provided they are consistent with the Access Board’s guidelines.
9

receiving federal financial assistance. The term “program or activity” includes all the operations 

of a state or local government entity that receives federal financial assistance directly or 

indirectly from the federal government. See 29 U.S.C. 794 (b). Each federal agency that 

provides federal financial assistance is responsible for issuing regulations to implement Section 

504 that are consistent with requirements established by the Department of Justice. See 

Executive Order 12250 in Appendix A to 28 CFR part 41. The Department of Justice requires 

facilities designed, constructed, or altered by recipients of federal financial assistance to be 

accessible to individuals with disabilities. See 28 CFR 41.58.

The Department of Transportation provides federal financial assistance to state and local 

governments for the development of transportation networks, including pedestrian facilities in 

the public right-of-way.

7

 The regulations issued by the Department of Transportation to 

implement Section 504 require facilities designed, constructed, or altered by recipients of federal 

financial assistance from the Department to comply with accessibility standards included in the 

Department’s regulations implementing the public transportation parts of Title II of the 

Americans with Disabilities Act, or the Uniform Federal Accessibility Standards. See 49 CFR 

§27.3. As discussed above, the accessibility standards included in the Department of 

Transportation regulations implementing the public transportation parts of Title II of the 

Americans with Disabilities Act adopt, with additions and modifications, the Access Board’s 

current guidelines, which are discussed below under the Need for Rulemaking. See 49 CFR 37.9 

and Appendix A to 49 CFR part 37.

The Department of Transportation is responsible for investigating complaints and conducting 

compliance reviews under Section 504 relating to recipients of federal financial assistance from 

the Department. See 49 CFR 27.121 and 27.123.

Architectural Barriers Act

The Architectural Barriers Act (42 U.S.C. 4151 et seq.) requires certain facilities financed with 

federal funds to be accessible to individuals with disabilities. The Architectural Barriers Act 

covers facilities financed in whole or part by a federal grant or loan where the federal agency that 

provides the grant or loan is authorized to issue standards for the design, construction, or 

alteration of the facilities.8 See 42 U.S.C. 4151 (3). The General Services Administration is 

required to issue accessibility standards for facilities covered by the Architectural Barriers Act.9 

See 42 U.S.C. 4156. The accessibility standards issued by the General Services Administration 

 

7

 See Department of Transportation “Policy Statement on Bicycle and Pedestrian Accommodation Regulations and 

Recommendations” at: http://www.dot.gov/affairs/2010/bicycle-ped.html. 

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

This section discusses the Congressional findings in the Americans with Disabilities Act that 

establish the need for accessibility guidelines, the Access Board’s current accessibility

guidelines, and why the Access Board is proposing to issue accessibility guidelines for 

pedestrian facilities in the public right-of-way.

Congressional Findings of Discrimination

The Americans with Disabilities Act was enacted in 1990 by overwhelming bipartisan majorities 

in the House of Representatives (377 – 28) and in the Senate (91 – 6).10 Congress compiled an 

extensive record of the discrimination experienced by individuals with disabilities in critical 

areas such as employment, public accommodations, state and local government services, and 

transportation. Congress found that “despite some improvements such forms of discrimination 

against individuals with disabilities continue to be a serious and pervasive social problem.” 42 

U.S.C. 12101 (a) (2). Among the forms of discrimination that Congress found to be a continuing 

problem are “the discriminatory effects of architectural, transportation, and communication 

barriers.” 42 U.S.C. 12101 (a) (5). Congress found that “the continuing existence of unfair and 

unnecessary discrimination and prejudice denies people with disabilities the opportunity to 

compete on an equal basis and to pursue those opportunities for which our free society is 

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

resulting from dependency and nonproductivity.” 42 U.S.C. 12101 (a) (9). Congress declared 

that “the Nation’s proper goals regarding individuals with disabilities are to ensure equality of 

opportunity, full participation, independent living, and economic self-sufficiency for such 

individuals.” 42 U.S.C. 12101 (a) (8). 

The purpose of the Americans with Disabilities Act is “to provide a clear and comprehensive 

national mandate for the elimination of discrimination against individuals with disabilities” and 

“to provide clear, strong, and consistent, enforceable standards addressing discrimination against 

individuals with disabilities.” 42 U.S.C. 12101 (b) (1) and (2). Congress directed the Access 

Board to supplement the accessibility guidelines developed earlier for the Architectural Barriers 

Act to include “additional requirements, consistent with this Act, to ensure that buildings, 

facilities, rail passenger cars, and vehicles are accessible in terms of architecture and design, 

transportation, and communication, to individuals with disabilities.” 42 U.S.C. 12204 (b).

Current Guidelines Developed Primarily for Buildings and Facilities on Sites

 

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 referred to as “2004 ADA and ABA Accessibility Guidelines”).11 69 FR 44083 

(July 23, 2004). The 2004 ADA and ABA Accessibility Guidelines revised and updated the 

Americans with Disabilities Act Accessibility Guidelines, which were issued by the Access 

Board in 1991 (hereinafter referred to as “1991 ADAAG”). 56 FR 35408 (July 26, 1991). The 

requirements in the 1991 ADAAG and 2004 ADA and ABA Accessibility Guidelines were 

developed primarily for buildings and facilities on sites.12 Some of the requirements can be 

readily applied to pedestrian facilities in the public right-of-way. However, other requirements 

need to be adapted for pedestrian facilities in the public right-of-way.

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-ofway and address conditions and constraints that exist in the public right-of-way. The 

requirements in the proposed guidelines make allowances for typical roadway geometry and 

permit flexibility in alterations to existing facilities where existing physical constraints make it 

impractical to fully comply with new construction requirements. The proposed guidelines also 

include requirements for elements and facilities that exist only in the public right-of-way such as 

pedestrian signals and roundabouts.

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 requirements for the 

design, construction, and alteration of facilities covered by the Americans with Disabilities Act;

 Appendix C contains ABA Chapters 1 and 2, which include application and scoping requirements for the 

design, construction, and alteration of facilities covered by the Architectural Barriers Act;

 Appendix D contains Chapters 3 through 10, which include common technical requirements for the 

design, construction, and alteration of facilities covered by the Americans with Disabilities Act or the 

Architectural Barriers Act;

 Appendix E contains the index of terms and list of figures included in the guidelines; and 

 Appendix F contains additions and modifications to the guidelines issued by the Department of 

Transportation.

The DOJ 2010 Standards and the Department of Transportation standards for transportation facilities used in the 

provision of transportation services covered by the transportation parts of Title II of the ADA and facilities covered 

by Section 504 adopt Appendices B and D, with additions and modifications. The General Services Administration 

standards for facilities covered by the Architectural Barriers Act adopt Appendices C and D, without additions and 

modifications.

12

 The term “site” is defined in the 1991 ADAAG (see 3.5) and 2004 ADA and ABA Accessibility Guidelines (see 

106.5 and F106.5) as a “parcel of land bounded by a property line or a designated portion of a public right-of-way.”
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-of-way because 

comments submitted on the proposed and interim guidelines demonstrated a need for additional 

research, as well as education and outreach. 63 FR 2000 (January 13, 1998).

The Access Board subsequently sponsored research on accessible pedestrian signals and 

pedestrian pushbuttons, detectable warning surfaces, and pedestrian facilities at roundabouts.13 

The Access Board also produced a series of videos, a design guide, and an accessibility checklist 

for pedestrian facilities in the public right-of-way, and conducted training programs around the 

country. The Access Board coordinated its work with organizations representing state and local 

transportation officials and transportation industry professionals, including the American 

Association of State Highway and Transportation Officials, Institute of Transportation 

Engineers, National Committee on Uniform Traffic Control Devices, and Transportation 

Research Board.

The Access Board established a federal advisory committee in 1999 to recommend accessibility

guidelines for pedestrian facilities in the public right-of-way. The advisory committee included 

representatives of state and local governments, the transportation industry, disability

organizations, and other interested groups.14 The advisory committee provided significant 

sources of expertise and produced consensus recommendations for accessibility guidelines for 

pedestrian facilities in the public right-of-way. The advisory committee presented its 

recommendations, “Building a True Community: Final Report of the Public Rights-of-Way

Access Advisory Committee”, to the Access Board in 2001.15

The Access Board developed draft accessibility guidelines for pedestrian facilities in the public 

right-of-way based on the advisory committee’s recommendations, and made the draft guidelines 

 

13

 The reports on the research sponsored by the Access Board and technical assistance materials on accessible 

design of pedestrian facilities in the public right-of-way are available on the Access Board website at:

http://www.access-board.gov/prowac/index.htm. 

14

 The following organizations were members of the advisory committee: AARP, America Walks, American 

Association of State Highway and Transportation Officials, American Council of the Blind, American Institute of 

Architects, American Public Transit Association, American Public Works Association, Association for Education 

and Rehabilitation of the Blind and Visually Impaired, Bicycle Federation of America, Californians for Disability 

Rights, Canadian Standards Association (Technical Committee on Barrier-Free Design), City of Birmingham 

(Department of Planning, Engineering and Permits), Council of Citizens with Low Vision International, Disability 

and Business Technical Assistance Centers, Disability Rights Education and Defense Fund, Federal Highway 

Administration, Hawaii Commission on Persons with Disabilities, Hawaii Department of Transportation, Institute of 

Traffic Engineers, Los Angeles Department of Public Works (Bureau of Street Services), Massachusetts 

Architectural Access Board, Municipality of Anchorage, National Center for Bicycling and Walking, National 

Council on Independent Living, National Federation of the Blind, New York State Department of Transportation, 

Paralyzed Veterans of America, Portland Office of Transportation, San Francisco Mayor’s Office on Disability, 

State of Alaska, TASH, Texas Department of Transportation, and The Seeing Eye.

15

 The advisory committee report is available on the Access Board website at: http://www.accessboard.gov/prowac/commrept/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 guidelines 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 Systems 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-of-way to mean “public land or property, usually in 

interconnected corridors, that is acquired for or dedicated to transportation purposes” (see 

R105.5). The proposed guidelines ensure that the following facilities for pedestrian circulation 

and use located in the public right-of-way are readily accessible to and usable by pedestrians 

with disabilities:

 Sidewalks, pedestrian overpasses and underpasses, and other pedestrian circulation paths, 

including requirements for pedestrian access routes, alternate pedestrian access routes 

when pedestrian circulation paths are temporarily closed, and protruding objects along or 

overhanging pedestrian circulation paths;

 Pedestrian street crossings, medians, and pedestrian refuge islands, including 

requirements for curb ramps or blended transitions, and detectable warning surfaces;

 Pedestrian street crossings at roundabouts, including requirements for detectable edge 

treatments where pedestrian crossing is not intended, and pedestrian activated signals at 

multi-lane pedestrian street crossings;

 Pedestrian street crossings at multi-lane channelized turn lanes at roundabouts and at 

other signalized intersections, including requirements for pedestrian activated signals;

 Pedestrian signals, including requirements for accessible pedestrian signals and 

pedestrian pushbuttons;

 Transit stops and transit shelters for buses and light rail vehicles, including requirements 

for boarding and alighting areas at sidewalk or street level, boarding platforms, and route 

signs;

 Pedestrian at-grade rail crossings, including requirements for flangeway gaps;

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

 

16

 The 2002 and 2005 draft guidelines and comments submitted on the 2002 draft guidelines are available on the 

Access Board website at: http://www.access-board.gov/prowac/index.htm. 

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 systems and other technologies;

 Street furniture for pedestrian use, including drinking fountains, public toilet facilities, 

tables, counters, and benches; and

 Ramps, stairways, escalators, handrails, doors, doorways, and gates.

The proposed guidelines require a pedestrian access route to be provided within sidewalks and 

other 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 by pedestrians is accessible to pedestrians with 

disabilities. Pedestrian access routes in the public right-of-way are analogous to accessible 

routes on sites in that they connect to accessible elements, spaces, and facilities in the public 

right-of-way, including accessible pedestrian signals and pedestrian pushbuttons, accessible 

street furniture, accessible transit stops and transit shelters, accessible on-street parking spaces 

and parking meters and parking pay stations serving those parking spaces, and accessible 

passenger loading zones. Pedestrian access routes in the public right-of-way also connect to 

accessible routes at building and facility site arrival points.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 facilities. 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 physical constraints make it impracticable for altered elements, spaces, or facilities to 

fully comply with the requirements for new construction, compliance is required to the extent 

practicable within the scope of the project (see R202.3.1). Existing physical constraints include, 

but are not limited to, underlying terrain, right-of-way availability, underground structures, 

adjacent developed facilities, drainage, or the presence of a notable natural or historic feature.

 

18

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

right-of-way (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 sidewalks (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 Department 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 Transportation conduct rulemaking to include accessibility standards for pedestrian facilities in 

the public right-of-way in regulations implementing Title II of the Americans with Disabilities Act and Section 504, 

they will address the application of the accessibility standards to existing facilities that are not altered.
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 highways.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 governmental jurisdictions 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 16,371

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 by the US Census Bureau as urban have higher population densities and 

generally construct more pedestrian facilities in the public right-of-way. Local governments 

within areas classified by the US Census Bureau as rural have lower population densities and 

generally construct fewer pedestrian facilities in the public right-of-way.

22

7. Baseline

The proposed guidelines are compared to a baseline to assess their potential costs and benefits. 

The baseline is how state and local transportation departments would 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 

implement Title III of the Americans with Disabilities Act. See 28 CFR 36.401 through 36.406. State or local laws 

may require sites with frontage on the public right-of-way or frontage that will revert to the public right-of-way to 

make frontage improvements in accordance with state or local standards which contain accessibility requirements 

that are similar to the proposed guidelines.

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 drawings 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 Highways and Streets” (2004) 

(commonly referred to as the “AASHTO Green Book”) and the “Guide for the Planning, Design, 

and Operation of Pedestrian Facilities” (2004) which incorporate accessibility in the design of 

sidewalks and pedestrian street crossings.

24

 The Federal Highway Administration as part of its 

stewardship and oversight responsibilities has also worked with state transportation departments 

to incorporate accessibility in their design manuals and standards drawings. The Federal 

Highway Administration has issued guidance that the accessibility standards in the Department 

of Justice regulations implementing Title II of the Americans with Disabilities Act and the 

Department of Transportation regulations implementing Section 504 “are to be used to the extent 

feasible” for the design of pedestrian facilities in the public right-of-way until new accessibility

standards are adopted for these facilities.

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 state and local 

transportation departments will use the revised accessibility standards in the Department of 

Justice regulations implementing Title II of the Americans with Disabilities Act (hereinafter 

referred to as “DOJ 2010 Standards”) to the extent feasible when designing, constructing, or 

altering pedestrian facilities in the public right-of-way, consistent with the guidance issued by the 

Federal Highway Administration, as well as other applicable standards and industry practices. 27 

An analysis of the proposed guidelines compared to the DOJ 2010 Standards, other applicable 

standards, and industry practices is included in the appendix to this report. The analysis 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 Facilities” incorporate accessibility in the design of sidewalks, including minimum clear 

width, passing spaces, grade, cross slope, protruding objects, and surface treatments; curb ramps, including 

detectable warning surfaces; pedestrian overpasses and underpasses; and transit stops and transit shelters.

25

 See Federal Highway Administration, Office of Program Administration, “Pedestrians and Accessible Design” at: 

http://www.fhwa.dot.gov/programadmin/pedestrians.cfm. When the guidance was issued, the applicable 

accessibility standards in the Department of Justice regulations implementing Title II of the Americans with 

Disabilities Act and the Department of Transportation regulations implementing Section 504 adopted the 1991 

ADAAG and permitted the Uniform Federal Accessibility Standards to be used.

26

 See Federal Highway Administration, “Public Rights-of-Way Access Advisory” (January 23, 2006) at: 

http://www.fhwa.dot.gov/environment/bikeped/prwaa.htm .

27

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

Table 1 analyzes 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 DOJ 2010 Standards

Table 2 analyzes requirements in the proposed guidelines that adapt requirements in the DOJ 

2010 Standards to allow for conditions and constraints in the public right-of-way.

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 guidelines in Table 2 establish 

lesser requirements for accessibility in the public right-of-way than the requirements in the DOJ 

2010 Standards. For example, where the pedestrian access route in a sidewalk is contained 

within the street or highway right-of-way, the grade of the pedestrian access route is permitted to 

equal the general grade established for the adjacent street or highway to allow for typical 

roadway geometry instead of the running slope requirements for accessible routes on sites. The 

requirements in the proposed guidelines in Table 2 will have no impacts on state and local 

transportation departments compared to the requirements in the DOJ 2010 Standards and 

industry practices, except for the 2 percent maximum cross slope requirement for pedestrian 

access routes contained within pedestrian street crossings with stop or yield control where 

vehicles slow or stop before proceeding through the intersection (see R204.3 and R302.6). This 

requirement will have more than minimal impacts on the design and construction of new tabled 

intersections in hilly urban areas that contain pedestrian street crossings with stop or yield 

control. The impacts are analyzed in this report.

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

Table 3 analyzes requirements in the proposed guidelines for which there are no corresponding 

requirements in the DOJ 2010 Standards. 30 The requirements in the proposed guidelines in 

Table 3 are compared to other applicable accessibility standards and the 2009 edition of Manual 

on Uniform Traffic Control Devices for Streets and Highways (MUTCD). Where the 

requirements in the proposed guidelines in Table 3 are the same as the requirements in other 

 

28

 The requirements analyzed in Table 1include: drinking fountains, public toilet facilities, tables, counters, 

passenger loading zones, ramps, stairways, handrails, doors, doorways, gates, operable parts, clear spaces, knee and 

toe clearance, and reach ranges.

29

 The requirements analyzed in Table 2 include: sidewalks and other pedestrian circulation paths, pedestrian street 

crossings, pedestrian overpasses and underpasses, pedestrian at-grade rail crossings, curb ramps and blended 

transitions, protruding objects, transit stops and transit shelters used by buses and light rail vehicles, on-street 

parking, and escalators. The requirements for transit stops and transit shelters used by buses and light vehicles are 

compared to the accessibility standards in the Department of Transportation regulations implementing the public 

transportation parts of Title II of the Americans with Disabilities Act.

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 warning 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 requirements will have no impacts on state 

and local transportation departments. Where a requirement in the proposed guidelines in Table 3 

differs from a corresponding requirement in other applicable accessibility standards or there is no 

corresponding requirement in other applicable accessibility standards, the analysis used the 

following factors to identify whether the requirement will have more than minimal impacts on 

state and local transportation departments:

 Whether the requirement can be easily incorporated into the design of the element or 

facility?

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

 Whether the requirement reduces space needed for other purposes?

 What are the additional costs due to the requirement compared to the total design and 

construction costs for the element or facility?

A requirement that can be easily incorporated into the design of an element or facility, and does 

not add features to the element or facility or reduce space needed for other purposes will have 

minimal impacts on state and local transportation departments. A requirement that cannot be 

easily incorporated into the design of an element or facility, adds features to the element or 

facility, or reduces space needed for other purposes and that results in additional costs compared 

to the total design and construction costs of the element or facility which are not negligible (i.e., 

are worth considering) will have more than minimal impacts on state and local transportation 

departments.

The analysis identified three requirements in the proposed guidelines in Table 3 that will have 

more than minimal impacts on state and local transportation departments:

 Detectable warning surfaces on curb ramps and blended transitions at pedestrian street 

crossings (see R208.1 and R305);

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

 Pedestrian activated signals at roundabout intersections with multi-lane pedestrian street 

crossings (see R206 and R306.3.2).

The impacts of these requirements are analyzed in this report. Questions 1 and 2 in the preamble 

to the proposed guidelines requests 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 any unintended positive or negative consequences. 

8. Detectable Warning Surfaces on Curb Ramps and Blended Transitions
19

Detectable warning surfaces consist of small truncated domes built in or applied to a walking 

surface that are detectable underfoot. On pedestrian access routes, detectable warning surfaces 

indicate the boundary between a pedestrian route and a vehicular route where there is a flush 

rather than a curbed connection for pedestrians who are blind or have low vision. The proposed 

guidelines require detectable warning surfaces to be installed on newly constructed and altered 

curb ramps and blended transitions at pedestrian 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 Guidelines pending completion of the guidelines for pedestrian 

facilities in the public right-of-way. As a result of these actions, there are different requirements 

for detectable warning surfaces on curb ramps in the accessibility standards included the 

regulations issued by the Department of Justice implementing Title II of the Americans with 

Disabilities Act and by the Department of Transportation implementing Section 504.

When the Department of Justice initially issued regulations in 1991 implementing Title II of the 

Americans with Disabilities Act, the regulations required state and local governments to use 

accessibility standards (hereinafter referred to as the “DOJ 1991 Standards”) that included the 

1991 ADAAG which contained a requirement for detectable warning surfaces on curb ramps, or 

the Uniform Federal Accessibility Standards (UFAS) which did not contain a requirement for 

detectable warning surfaces on curb ramps.32 When the Department of Justice adopted the DOJ 

2010 Standards, those standards included the 2004 ADA and ABA Accessibility Guidelines 

which do not contain a requirement for detectable warning surfaces on curb ramps.

The Department of Transportation regulations implementing Section 504 require state and local 

governments that receive federal financial assistance directly or indirectly from the Department 

to use accessibility standards that include the 2004 ADA and ABA Accessibility Guidelines, as 

modified by the Department, or UFAS. See 49 CFR 27.3 (b). The Department of Transportation

modified the 2004 ADA and ABA Accessibility Guidelines by retaining certain requirements 

from the 1991 ADAAG, including the requirement for detectable warning surfaces on curb 

ramps. See 406.8 in Appendix A to 49 CFR part 37.

State and local transportation departments will be affected differently by the requirement in the 

proposed guidelines for detectable warning surfaces on curb ramps depending on the 

accessibility standards that they use for curb ramps in the public right-of-way. The Access 

 

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 raised 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 modified by the Department to include the requirement 

from the 1991 ADAAG for detectable warning surfaces on curb ramps.34

Governmental Units Affected

State and local transportation departments are divided into four groups for the purpose of 

evaluating the impacts of the requirement in the proposed guidelines for detectable warning 

surfaces on curb ramps:

 Group 1 consists of state and local transportation departments that use UFAS for curb 

ramps as currently permitted by the Department of Justice and Department of 

Transportation regulations implementing Title II of the Americans with Disabilities Act 

and Section 504. UFAS did not contain a requirement for detectable warning surfaces on 

curb ramps. The Access Board is not aware of any state and local transportation 

departments that use UFAS. The Department of Justice regulations do not permit the use 

of UFAS on or after March 15, 2012. See 28 CFR 35.151 (c) (3). Thus, Group 1 will 

cease to exist as of March 15, 2012, and any state and local transportation departments 

currently in Group 1 will fall into one of the other groups.

 Group 2 consists of state and local transportation departments that receive federal 

financial assistance directly or indirectly from the Department of Transportation. State 

and local transportation departments in Group 2 are required to comply with the 

accessibility standards in the Department of Justice regulations implementing Title II of 

the Americans with Disabilities Act and the Department of Transportation regulations 

implementing Section 504. Where the requirements in the accessibility standards in the 

Department of Justice and Department of Transportation regulations differ, the more 

stringent requirement must be used. Excluding any state and local transportation 

departments in Group 1, state and local transportation departments in Group 2 must 

 

33

 Links to each state transportation department’s standard drawings that specify detectable warning surfaces on 

curb ramps are available on the Access Board website at: http://www.access-board.gov/prowac/index.htm. 

34

 The DOJ 1991 Standards require detectable warning surfaces to extend the full width and depth of the curb ramp 

(see 4.7.7, Appendix E to 28 CFR part 36). The Department of Transportation standards require detectable warning 

surfaces to extend the full width of the curb ramp (exclusive of flared sides) and either the full depth of the curb 

ramp or 24 inches deep minimum measured from the back of the curb on the ramp surface (see 406.8, Appendix A 

to 49 CFR part 37). Guidance issued by the Department of Justice permits the use of the Department of 

Transportation standards for detectable warning surfaces on curb ramps. See Department of Justice, “ADA Best 

Practices Tool Kit for State and Local Governments, Curb Ramps and Pedestrian Crossings” (May 7, 2006) at: 

http://www.ada.gov/pcatoolkit/toolkitmain.htm.
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 their standard 

drawings. The requirement in the proposed guidelines for detectable warning surfaces on 

curb ramps will not have any impacts on state and local transportation departments in 

Group 2.

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

assistance directly or indirectly from the Department of Transportation. Local 

transportation departments in Group 3 are required to comply only with the accessibility 

standards in the Department of Justice regulations implementing Title II of the Americans 

with Disabilities Act. Excluding any local transportation departments in Group 1, local 

transportation departments in Group 3:

o Used the DOJ 1991 Standards, which include the 1991 ADAAG and contain a 

requirement for detectable warning surfaces on curb ramps, before September 15, 

2010. See 28 CFR 35.151 (c) (1).

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 Standards, which include the 2004 ADA and ABA 

Accessibility Guidelines and do not contain a requirement for detectable warnings 

on curb ramps, on or after March 15, 2012. See 28 CFR 35.151 (c) (3).

Thus, local transportation departments in Group 3 were required to provide detectable 

warning surfaces on curb ramps before September 15, 2010; may or may not be required 

to provide detectable warning surfaces on curb ramps between September 15, 2010 and 

March 14, 2012 depending on the accessibility standard they use (DOJ 1991 Standards or 

DOJ 2010 Standards); and are not required to provide detectable warning surfaces on 

curb ramps on or after March 15, 2012 pending the future adoption of accessibility

standards for pedestrian facilities in the public right-of-way by the Department of Justice.

 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 apply to curb ramps in the public right-of-way, including the requirement 

for detectable warning surfaces.35 Despite the guidance provided by 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 Highway 
22

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 warning 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 any 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 any state or local 

transportation departments currently 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 currently 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 receive 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 information on whether 

 

Administration, “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 rightof-way by the Department of Justice

4 Do not comply with accessibility

standards for curb ramps

Unknown how many 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 by state and local 

transportation departments, particularly 

with respect to providing detectable 

warning surfaces on curb ramps

Groups 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 typical 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

Polymer and composite materials $120 to $200

Stainless steel or cast iron products $240
24

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 typical 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 WALK and DON’T WALK intervals at signalized 

intersections in non-visual formats (i.e., audible tones and vibrotactile surfaces) to pedestrians 

who are blind or have low vision. The pedestrian pushbutton has a locator tone for detecting the 

device and a tactile arrow to indicate which pedestrian street crossing is served by the device. 

The MUTCD contains standards for accessible pedestrian signals and pedestrian pushbuttons, 

but does not require that they be provided. The proposed guidelines require accessible 

pedestrian signals and pedestrian pushbuttons to be provided when new pedestrian signals are 

installed (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 signals and pedestrian pushbuttons must comply with the referenced standards in the 

MUTCD and the technical requirements for operable parts in Chapter R4.

Governmental Units Affected

The Transportation Equity Act for the 21st Century (TEA-21) directed that audible traffic signals 

be included in transportation plans and projects where appropriate. See 23 U.S.C. 217 (g). 

Some state and local transportation departments currently provide accessible pedestrian signals 

and pedestrian pushbuttons when pedestrian signals are newly installed or replaced at signalized 

intersections. The requirement in the proposed guidelines for accessible pedestrian signals and 

pedestrian pushbuttons will have impacts on state and local transportation departments that do 

not currently provide accessible pedestrian signals and pedestrian pushbuttons when pedestrian 

signals are newly installed or replaced at signalized intersections.

Question 9 in the preamble to the proposed guidelines seeks information on how many state and 

local transportation departments currently provide accessible pedestrian signals and pedestrian 

pushbuttons when pedestrian signals are newly installed or replaced at signalized intersections.

Costs to Provide Accessible Pedestrian Signals and Pedestrian Pushbuttons

The Volpe Center estimated the additional cost for an accessible pedestrian pushbutton compared 

to conventional pushbutton is $350 per unit. For a typical intersection with four crosswalks, two 

accessible pedestrian pushbuttons would be required at each corner for a total of eight units per 

intersection and a total additional cost of $2,800 for the eight units. The cost of the units is 

expected to decrease as a result of the proposed guidelines due to greater standardization of 

customer requirements and increased orders. The total additional cost to provide accessible 

pedestrian signals and pedestrian pushbuttons, including labor and other equipment such as stub 

poles and conduit, will vary by location. The Volpe Center estimated that the total additional 
25

costs are $3,600 per intersection based on a published cost study and interviews with local

transportation departments.

Question 10 in the preamble to the proposed guidelines seeks information from state and local 

transportation departments that currently provide accessible pedestrian signals and pedestrian 

pushbuttons on the additional costs to provide the accessible pedestrian signals and pedestrian 

pushbuttons. 

The Volpe Center estimated that pedestrian signals are newly installed or replaced at 13,095 

signalized intersections on an annual basis based on the following assumptions:

 There are over 300,000 existing signalized intersections in the United States using a ruleof-thumb of one signalized intersection per 1,000 population.36

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

US Census Bureau forecast of future population growth (0.85 percent).

 Ninety (90) percent of new and existing signalized intersections in the United States 

provide pedestrian signals.

 The life cycle or replacement rate for existing pedestrian signals is 25 years.

The Volpe Center estimated that the total annual costs are $47 million for requiring accessible 

pedestrian signals and pedestrian pushbuttons when pedestrian signals are newly installed or 

replaced at signalized intersections.

Question 11 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 by pedestrians who use wheeled mobility devices since energy must be 

expended to counteract the perpendicular force of the cross slope. Cross slope makes it more 

difficult for pedestrians who use wheelchairs to travel on uphill slopes and to maintain balance 

and control on downhill slopes. Cross slope also negatively affects pedestrians who use braces, 

lower limb prostheses, crutches, or walkers, as well as pedestrians who have gait, balance, or 

stamina impairments. The 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.dot. 

gov/knowledge/faqs/faq_part4.htm. 
26

street crossings with yield 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 typically cut-and filled to produce relative flat or tabled intersections. 

Where pedestrian street crossings with yield or stop control are provided at newly constructed 

tabled intersections, the tabling would be extended to the pedestrian street crossings to comply 

with the 2 percent maximum cross slope for pedestrian access routes within the pedestrian street 

crossings.

Governmental Units Affected

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 yield or stop control.

Question 14 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 intersections in hilly urban areas, particularly with respect to extending the 

tabling to pedestrian street crossings with yield or stop control. 

Costs to Extend Tabling to Pedestrian Street Crossings with Yield or Stop Control

In new construction, extending the tabling of intersections to pedestrian street crossings with 

yield or stop control involves additional costs for site preparation, grading, and earthwork. The 

Volpe Center roughly estimated the additional costs for extending the tabling to pedestrian street 

crossings with yield 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.

Questions 15 and 16 in the preamble to the proposed guidelines seeks information on the 

additional costs to extend the tabling of newly constructed intersections to pedestrian street 

crossings with yield or stop control, and the number of tabled intersections which contain 

pedestrian street crossings with yield or stop control that are newly constructed in hilly urban 

areas on an annual basis by state and local transportation departments.

 

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 cross 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 counterclockwise around a central island (MUTCD section 1A.13). The continuous traffic flow 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 pushbuttons.

Pedestrian Hybrid Beacons can be used at roundabouts (see MUTCD sections 4F.01 through 

4F.03). Pedestrian Hybrid Beacons are traffic signals that consist of a yellow signal centered 

below two horizontally aligned red signals. The signals are normally dark (i.e., not illuminated). 

The signals are initiated only upon pedestrian activation and can be timed to minimize the 

interruption of traffic. The signals cease operation after the pedestrian clears the crosswalk. 

When activated by a pedestrian, the following signals are displayed to drivers: a flashing yellow 

signal, then a steady yellow signal, then two steady red signals during the pedestrian walk 

interval, and then alternating flashing red signals during the pedestrian clearance interval. The 

following signals are displayed to pedestrians: a steady upraised hand (symbolizing DONT 

WALK) when the flashing or steady yellow signal is operating, then a walking person 

(symbolizing WALK) when the steady red signals are operating, and then a flashing upraised 

hand (symbolizing DONT WALK) when the alternating flashing red signals are operating.

Governmental Units Affected

The requirement for pedestrian activated signals at roundabouts with multi-lane pedestrian street 

crossings will affect state and local transportation departments that construct new roundabouts 

with multi-lane pedestrian street crossings. The Volpe Center estimated that state and local 

transportation departments construct 27 new roundabouts with multi-lane pedestrian street 

crossings on an annual basis.

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. Questions 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 between 2005 and 2009, 435 roundabouts were constructed, of which 117 were multi-lane. The data 

was adjusted for a small number of roundabouts that are listed in the database as having an “unknown” number of 

lanes and for roundabouts that do have any pedestrian facilities (i.e., sidewalks and pedestrian street crossings).
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 newly constructed on an annual 

basis by state and local transportation departments, and the costs to provide pedestrian activated 

signals at newly constructed roundabouts with multi-lane pedestrian street crossings.

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 this breakdown of 

the population of people aged 15 and older:

 27.4 million (11.9 percent) had difficulty with ambulatory activities of the lower body;

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

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

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

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

 7.8 million (3 percent) had difficulty seeing words or letters in ordinary newspaper print, 

including 1.8 million who are completely unable to see.

Executive Order 13563 states that to the extent permitted by law federal agencies must “propose 

or adopt a regulation only upon a reasoned determination that its benefits justify its costs 

(recognizing that some benefits and costs are difficult to quantify)” and that “where appropriate 

and permitted by law, each agency may consider and (discuss qualitatively) values that are 

difficult or impossible to quantify, including equity, human dignity, fairness, and distributive 

impacts.” The proposed guidelines promote important societal values that are difficult or 

impossible to quantify. As discussed above under the Need for Rulemaking, when enacting the

Americans with Disabilities Act, Congress found “the discriminatory effects of architectural, 

transportation, and communication barriers” to be a continuing problem that “denies people with 

disabilities the opportunity to compete on an equal basis and to pursue those opportunities for 

which our free society is justifiably famous, and costs the United States billions of dollars in 

unnecessary expenses resulting from dependency and nonproductivity.” 42 U.S.C. 12101 (a) (5)

and (9). Congress declared that “the Nation’s proper goals regarding individuals with disabilities 

are to assure equality of opportunity, full participation, independent living, and economic selfsufficiency.” 42 U.S.C. 12101 (a) (8). The proposed guidelines promote the goals declared by 

Congress by eliminating the discriminatory effects of architectural, transportation, and 

communication barriers in the design and construction of pedestrian facilities in the public right-

 

39

 “Americans with Disabilities: 2005” (2008) available on the web 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, transportation, and public accommodation sections . . . would be 

meaningless if people who use wheelchairs were not afforded the opportunity to travel on and 

between the streets.” H.R. 485, 101st Cong., 2d Sess. 84 (1990). 

13. Impacts on Small Governmental Jurisdictions

The impacts of the proposed guidelines on small governmental jurisdictions with a population of 

less than 50,000 are discussed below. This information is required by the Regulatory Flexibility

Act (5 U.S.C. §603).

Reasons for issuing proposed accessibility guidelines 

The Access Board’s current accessibility guidelines, the 2004 ADA and ABA Accessibility

Guidelines, were developed primarily for buildings and facilities on sites. Some of the 

requirements in the 2004 ADA and ABA Accessibility Guidelines can be readily applied to 

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

pedestrian facilities in the public right-of-way. The proposed guidelines are developed 

specifically for pedestrian facilities in the public right-of-way and address conditions and 

constraints that exist in the public right-of-way.

Objectives of, and legal basis for, proposed accessibility guidelines

The Access Board is required to issue accessibility guidelines by the Americans with Disabilities 

Act (42 U.S.C. §12204) and Section 502 of the Rehabilitation Act (29 U.S.C. §792) to ensure 

that newly constructed and altered facilities are readily accessible to and usable by pedestrians 

with disabilities.

Small governmental jurisdictions affected by proposed accessibility guidelines

The number of small governmental jurisdictions with a population less than 50,000 affected by 

the proposed guidelines is shown in the table below.

Governmental

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 governmental 
30

jurisdictions are located in rural areas, which generally do not construct pedestrian transportation 

networks (e.g., sidewalks, pedestrian street crossings, and pedestrian signals).

Compliance requirements

The proposed accessibility guidelines address the design, construction, and alteration of 

pedestrian facilities in the public right-of-way, including sidewalks, pedestrian street crossings, 

pedestrian overpasses and underpasses, curb ramps and blended transitions at pedestrian street 

crossings, pedestrian signals, street furniture (i.e., drinking fountains, public toilet facilities, 

tables, counters, and benches), pedestrian signs, transit stops and transit shelters for buses and 

light rail vehicles, on-street parking that is marked or metered, and passenger loading zones. The 

Section-by-Section Analysis of the preamble describes the proposed accessibility guidelines. 

Compliance with the proposed accessibility guidelines is not mandatory until they are adopted, 

without or without additions and modifications, as accessibility standards by other federal 

agencies. There are no reporting or recordkeeping requirements.

Other federal rules

The Department of Justice, Department of Transportation, and General Services Administration 

are responsible for issuing accessibility standards that are consistent with the accessibility

guidelines issued by the Access Board and are expected to conduct rulemaking to adopt the 

proposed guidelines, with or without additions and modifications, as accessibility standards in 

regulations implementing Title II of the Americans with Disabilities Act (28 CFR part 36 and 49 

CFR part 37), Section 504 of the Rehabilitation Act (49 CFR part 27), and the Architectural 

Barriers Act (41 CFR part 102). Additional information on these laws and regulations is 

provided under the Statutory and Regulatory Background in the preamble to the proposed 

guidelines.

Significant alternatives which minimize any significant economic impacts on small entities

The regulatory assessment analyzes the following four requirements in the proposed guidelines 

that will have more than minimal impacts on state and local transportation departments:

 Detectable warning surfaces required on newly constructed and altered curb ramps and 

blended transitions at pedestrian street crossings (see R208.1 and R305). Detectable 

warning surfaces consist of small truncated domes that are detectable underfoot. Where 

curb ramps or blended transitions are provided at pedestrian street crossings, detectable 

warning surfaces indicate the boundary between a pedestrian route and a vehicular route 

for pedestrians who are blind or have low vision in place of the missing curb.

 Accessible pedestrian signals and pedestrian pushbuttons required when pedestrian 

signals newly installed or replaced at signalized intersections (see R209). Accessible 

pedestrian signals and pedestrian pushbuttons communicate the information about the 

WALK and DON’T WALK intervals at signalized intersections in non-visual formats 

(i.e., audible tones and vibrotactile surfaces) to pedestrians who are blind or have low 

vision.
31

 Maximum cross slope of 2 percent required on pedestrian access routes, including within 

pedestrian street crossings with yield or stop control. Cross slope is the slope 

perpendicular to the direction of pedestrian travel. Cross slope impedes travel by

pedestrians who use wheeled mobility devices since energy must be expended to 

counteract the perpendicular force of the cross slope. The 2 percent maximum cross 

slope required on pedestrian access routes has more than minimal impacts on the 

construction of new tabled intersections in hilly urban areas that contain pedestrian street 

crossings with yield or stop control where vehicles slow or stop before proceeding 

through the intersection. 

 Pedestrian activated signals at roundabouts with multi-lane pedestrian street crossings. A 

roundabout is a circular intersection with yield control at entry, which permits a vehicle 

on the circulatory roadway to proceed, and with deflection of the approaching vehicle 

counter-clockwise around a central island. Pedestrian activated signals are required at 

roundabouts with multi-lane pedestrian street crossings to facilitate crossing by 

pedestrians who are blind or have low vision. Small governmental jurisdictions with a 

population less than 50,000 are not likely to construct roundabouts with multi-lane 

pedestrian street crossings and will not be affected by this requirement.

There are no significant alternatives that will minimize any significant impacts of these 

requirements on small governmental jurisdictions and achieve the objectives of the Americans 

with Disabilities Act, Section 504 of the Rehabilitation Act, and the Architectural Barriers Act to 

eliminate the discriminatory effects of architectural, transportation, and communication barriers

in the design and construction of pedestrian facilities in the public right-of-way.

14. Conclusion

Based on the analysis of the information in this report, the Access Board has made a preliminary

determination that the benefits of the proposed guidelines justify the costs. The Access Board 

has also analyzed the impacts of the proposed guidelines on small 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 Rehabilitation Act, and the Architectural Barriers Act to eliminate the 

discriminatory effects of architectural, transportation, and communication barriers in the design 

and construction of pedestrian facilities in the public right-of-way.