DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Statutory Authority: 29 Delaware Code, Section 8404(8); 17 Delaware Code, Ch. 1 and 5

(29 Del.C. §8404(8); 17 Del.C. Ch. 1 & 5)

PROPOSED

PUBLIC NOTICE

Pedestrian Accessibility Standards

In concert with the Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act or ADA of 1990 as amended, the Delaware Department of Transportation (DelDOT) is committed to providing compliant pedestrian accessibility for everyone. DelDOT does not discriminate in the provision of any of its programs, services or business activities and is committed to upholding the intent and spirit of the ADA, Section 504, and Title VI of the Civil Rights Act to the fullest extent possible. DelDOT recognizes that much work is required before pedestrian facilities are brought into full compliance with the DelDOT Pedestrian Standards. DelDOT also recognizes that there are many challenges and complexities involved in providing fully compliant pedestrian facilities in the public right of way.

The DelDOT Pedestrian Accessibility Standards for Facilities in the Public Right of Way or "DelDOT Pedestrian Standards" combines into one document the requirements, guidelines and best practices for accessible pedestrian facilities in the public transportation right of way as identified by the:

• Americans with Disabilities Act of 1990 or ADA; (http://www.ada.gov/)

• ADA Standards for Transportation Facilities 2006 or 2006 Standards adopted by the US Department of Transportation; (www.dot.gov/accessibility )

• Draft Public Right of Way Accessibility Guidelines or PROWAG 2011 developed by the US Access Board; (http://www.access-board.gov/guidelines-and-standards/streets-sidewalks/public-rights-of-way/proposed-rights-of-way-guidelines)

• Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way or PROWAG Supplement 2013; Shared Use Paths; http://www.access-board.gov/guidelines-and-standards/streets-sidewalks/shared-use-paths. The 2013 PROWAG Supplement includes unchanged PROWAG 2011 guidance as well as revised PROWAG 2011 guidance and new guidance on a variety of pedestrian system features.

• US Department of Justice or DOJ; (http://www.justice.gov/), and

• US Department of Transportation or USDOT; (http://www.dot.gov/).

The standards provided in this document, in concert with the Delaware Manual on Uniform Traffic Control Devices or DE MUTCD, http://deldot.gov/information/pubs_forms/manuals/de_mutcd/) are intended to assist all public and private sector transportation planners and engineers in the effort to achieve a more consistent approach to planning, design, construction and maintenance of accessible pedestrian facilities in the public transportation right of way. The Pedestrian Accessibility Standards for Facilities in the Public Right of Way have been developed to meet the spirit and intent of the legislation as well as the regulatory requirements and guidance of ADA, DOJ and USDOT as of the date of this publication. The primary reference documents used are the 2006 US DOT Standards with citations noted as numbers (e.g., 101.1) and the US Access Board's 2011 and 2013 PROWAG with citations noted as numbers preceded by R (e.g., R101.1).

Please send any comments no later than December 31, 2015 to the attention of:

Jim Pappas

Assistant Director

Office of Performance Management

Delaware Department of Transportation

800 Bay Road

Dover, DE 19903

james.pappas@state.de.us

Please Note: Due to the size of the proposed regulation, it is not being published here. The following link to a PDF of the proposed regulation is provided below:

Pedestrian Accessibility Standards

(http://regulations.delaware.gov/register/december2015/proposed/PedestrianAccessibilityStandards.pdf )

19 DE Reg. 480 (12/01/15) (Prop.)