Rulemaking Process

The Board reviewed the comments received to the draft guidelines and revised the guidelines in accordance with the comments received. The revisions are briefly discussed below in the section-by-section analysis.

The proposed rule will provide another opportunity for public comment on the guidelines. The Board will then proceed to finalize the guidelines based on public comments received in response to the proposed rule. The Board’s guidelines serve as the basis for enforceable standards maintained by other agencies under the ADA and the ABA. The Department of Justice and the Department of Transportation maintain standards based on the Board’s guidelines that apply to facilities covered by the ADA. Design standards for federally funded facilities covered by the ABA are maintained by the Department of Defense, the Department of Housing and
Urban Development, the General Services Administration, and the U.S. Postal Service. These enforceable standards must be consistent with the Board’s guidelines.

Relationship to ADA and ABA Accessibility Guidelines/Format

On July 23, 2004, the Board completed an update of ADAAG, the first comprehensive revision of the document since its publication in 1991. The revised ADAAG features a new format and numbering system and a host of updated scoping and technical provisions. On the same date, the Board updated its ABA Accessibility Guidelines along similar lines so that both of the documents are more consistent. The revised ADA and ABA Accessibility Guidelines may be found on the Board’s website at http://www.access-board.gov/news/ada-aba.htm.

The draft guidelines for public rights-of-way published on June 17, 2002 were formatted to supplement the ADA and ABA guidelines and not as a stand-alone document. The guidelines were intended to ultimately comprise a new chapter on public rights-of-way. The current draft guidelines made available in this document are now formatted as a stand-alone document using transportation industry standards, terms, and measures in response to recommendations in industry comments. The document is identified by the prefix R in its provisions and has four chapters:

Chapter R1: Application and Administration covers purpose, effect on existing facilities, equivalent facilitation, conventions, figures, units of measurement, referenced documents, and definitions, harmonized with transportation industry usage.

Chapter R2: Scoping Requirements address what items of new construction and alteration are covered by this document and references technical sections that follow in Chapters R3 and R4. Key scoping provisions in R2 include: R204 Pedestrian Access Route; R205 Alternate Pedestrian Access Route; R206 Pedestrian Crossings; R207 Curb Ramps and Blended Transitions; R208 Accessible Pedestrian Signals; R209 Protruding Objects; R210 Pedestrian Signs; R211 Street Furniture; R212 Bus Stops; R213 Stairways; R214 Handrails; R215 Vertical Access; R216 Onstreet Parking; R217 Passenger Loading Zones; R218 Call Boxes; R219 Transit Platforms; R220 Escalators; R221 Detectable Warning Surfaces; and R222 Doors, Doorways, and Gates.

Coverage extends to temporary as well as permanent facilities. Chapter R2 also includes special provisions for historic facilities and contains a limited series of general exemptions from accessibility.

Chapter R3: Technical Provisions contains detailed specifications for new construction and alterations scoping in Chapter R2. Construction detailed in Chapter R3 is specific to public sidewalk, street crossing, and roadway projects, and covers the building blocks of pedestrian accessibility: the pedestrian access route (analogous to the accessible route on a site), curb ramps and blended transitions, pedestrian crossings (including those at roundabouts and channelized turn lanes), pedestrian signals, street furniture, and parking.

Chapter R4: Supplementary Technical Provisions include specifications adapted from the ADA and ABA Accessibility Guidelines (2004) for rights-of-way application, including such features as maneuvering clearances at doorways; drinking fountain, and telephone provisions; reach ranges; operable parts; handrails; and other items of broader application.

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