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DOJ/CRT RIN: 1190-AA77 Publication ID: Spring 2022 
Title: 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 ensure that sidewalks and other pedestrian facilities in the public right-of-way are accessible to and usable by individuals with disabilities. 

The Americans with Disabilities Act (ADA) directs the Architectural and Transportation Barriers Compliance Board (Access Board) to issue minimum guidelines 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. The Access Board intends to issue minimum accessibility guidelines for pedestrian facilities in the public right-of-way, called the Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way. 

The ADA directs the Department of Justice to promulgate regulations implementing subtitle A of title II of the ADA. The ADA further directs that the Department of Justice’s regulations include standards 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 subtitle 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.

Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 28 CFR 35   
Legal Authority: 42 U.S.C. 12134(a)    42 U.S.C. 12134(c)   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/00/2023 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Local, State 
Small Entities Affected: Governmental Jurisdictions  Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Rebecca Bond
Chief, Disability Rights Section
Department of Justice
Civil Rights Division
4 Constitution Square, 150 M Street NE,
Washington, DC 20002
Phone:202 307-0663