1190-AA77 202410 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1190 Civil Rights Division CRT 1100 Department of Justice DOJ Nondiscrimination on the Basis of Disability by State and Local Governments; Public Right-of-Way

The Department of Justice anticipates issuing a Notice of Proposed Rulemaking that would establish accessibility requirements to help public entities meet their existing Americans with Disabilities Act (ADA) obligations to ensure that sidewalks and other pedestrian facilities in the public right-of-way are accessible to and usable by individuals with disabilities.  The Architectural and Transportation Barriers Compliance Board (Access Board) has issued accessibility guidelines for pedestrian facilities in the public right-of-way, and the Department of Justice is required under the ADA to promulgate regulations that include standards that are consistent with the Access Board’s minimum guidelines.

]]> Other Significant Previously Published in The Unified Agenda Long-Term Actions Undetermined No 28 CFR 35 42 U.S.C. 12134(a) 42 U.S.C. 12134(c) Yes

This rule is necessary to help public entities meet their existing ADA obligations to ensure that pedestrian facilities in the public right-of-way are accessible to and usable by individuals with disabilities. The Access Board has issued minimum accessibility guidelines for pedestrian facilities in the public right-of-way, and the ADA requires the Department of Justice to include standards in its regulations implementing part A of title II of the ADA that are consistent with the minimum ADA guidelines issued by the Access Board. Accordingly, the Department of Justice intends to propose requirements for pedestrian facilities covered by part A of title II of the ADA that are consistent with the Access Board’s minimum Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way. These requirements would help ensure that people with disabilities have access to sidewalks, curb ramps, pedestrian street crossings, and other pedestrian facilities in the public right-of-way.

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The summary of the legal basis for this regulation is set forth in the above abstract.

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There are no appropriate alternatives to issuing this NPRM because the ADA requires the Department of Justice to include standards in its regulations implementing part A of title II of the ADA that are consistent with the minimum ADA guidelines issued by the Access Board.  The Access Board’s accessibility guidelines will only become binding when the Department of Justice adopts them as legally enforceable requirements through rulemaking.

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The Department anticipates costs to State and local governments given that this rule would require that pedestrian facilities in the public right-of-way comply with the Department’s accessibility requirements under part A of title II of the ADA. The Department also anticipates significant benefits to people with disabilities, who would obtain greater access to sidewalks and other pedestrian facilities in the public right-of-way.

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Failure to adopt requirements for pedestrian facilities covered by part A of title II of the ADA that are consistent with the Access Board’s minimum Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way would mean that such Access Board guidelines would remain nonbinding and unenforceable.  It would also mean that the Department would not be complying with its obligation to ensure that the standards in its regulations are consistent with the minimum ADA guidelines issued by the Access Board.

]]> NPRM 03/00/2026 Undetermined Governmental Jurisdictions Local State Undetermined No No No Rebecca Bond Chief, Disability Rights Section 1190 Civil Rights Division CRT 202 307-0663 4 Constitution Square, 150 M Street NE, Washington DC 20002