The Department of Transportation (DOT) issued a Notice of Proposed Rulemaking (NPRM) today proposing to codify in its regulations existing guidelines for accessible design governing transit stops in the public right of way.  Currently, the Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way (the PROWAG) are codified in the U.S. Access Board’s regulations.  Although titled “Guidelines,” the PROWAG is a binding regulation implementing the Americans with Disabilities Act (ADA) that was adopted pursuant to notice and comment procedures.  In today’s NPRM, DOT proposes to adopt the PROWAG in its own regulations and apply it to new and altered transit stops in the public right-of-way (an “alteration” is a change such as remodeling, renovation, reconstruction, or structural changes; normal maintenance, including reroofing, painting, asbestos removal, or changes to mechanical or electrical systems, generally does not constitute an alteration).  DOT states that it may pursue an additional rulemaking in the future to address the application of the PROWAG or other ADA standards to existing transit stops.

To adopt the PROWAG, DOT is adding three definitions to 49 CFR Part 37 and adding a new subsection to Section 37.9 of that Part.  The new provisions would require that, following the effective date of the rule, newly constructed transit stops or altered transit stops comply with the requirements in the PROWAG.  Under the PROWAG, transit stops in the public right-of-way would need to include accessible boarding areas and accessible pedestrian access routes between boarding areas and existing pedestrian circulation paths.  If transit shelters were present, they too, along with pedestrian access routes to them, would need to be accessible.  The PROWAG also contains provisions relating to fare vending machines, detectable warnings for boarding platforms, pedestrian signs, benches, and other elements. 

The NPRM proposes to adopt the PROWAG as is, but DOT is also considering adopting stronger accessibility protections than the PROWAG provides.  Specifically, DOT is considering restrictions on the location of transit stop boarding and alighting areas.  The Notice uses the example of a bicycle lane located between a bus stop and a sidewalk, which, in DOT’s view could endanger passengers alighting from a bus who are blind or in a wheelchair.  The same concern would likely apply to rail stations in public rights of way, such as light rail or streetcar stations that run in mixed traffic.  DOT is soliciting comment on whether it should prohibit co-locating boarding and alighting areas with vehicular lanes, including bicycle lanes, or whether there are alternative measures it should adopt. 

Comments are due September 23, 2024, and may be filed on regulations.gov in Docket No. DOT-OST-2024-0090.  If you have questions about the certification rules, please contact Ayelet Hirschkorn, Suzanne Silverman, Charles Spitulnik, Christian Alexander, or Grant Glovin.