[Federal Register Volume 90, Number 32 (Wednesday, February 19, 2025)]
[Rules and Regulations]
[Pages 9846-9847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02811]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

49 CFR Part 37

[Docket No. DOT-OST-2024-0090]
RIN 2105-AF05


Transportation for Individuals With Disabilities; Adoption of 
Accessibility Standards for Pedestrian Facilities in the Public Right-
of-Way

AGENCY: Office of the Secretary of Transportation (OST), U.S. 
Department of Transportation.

ACTION: Notification of enforcement discretion.

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SUMMARY: This document announces that the U.S. Department of 
Transportation (DOT) will not take enforcement action until March 20, 
2025, against regulated entities for failing to comply with the 
Accessibility Standards for Pedestrian Facilities in the Public Right-
of-Way.

DATES: As of February 19, 2025, enforcement of the amendments enacted 
in the final rule published December 18, 2024, at 89 FR 102800, is 
delayed until March 20, 2025.

FOR FURTHER INFORMATION CONTACT: For general questions, Holly Ceasar-
Fox, Office of the General Counsel, U.S. Department of Transportation, 
(202) 366-7420, [email protected].
    For legal questions related to PROWAG, James T. Esselman, Office of

[[Page 9847]]

Chief Counsel, Federal Highway Administration, (202) 366-6181, 
[email protected].
    For legal questions related to transit, Diane Alexander, Office of 
Chief Counsel, Federal Transit Administration, (202) 366-3101, 
[email protected].
    For questions related to intercity or high-speed rail, Linda 
Martin, Federal Railroad Administration, Office of Chief Counsel, 202-
689-9408, [email protected].
    Electronic Access and Filing: This document, the notice of proposed 
rulemaking, all comments received, the final rule, and all background 
material may be viewed online at www.regulations.gov using the docket 
number listed above. Electronic retrieval help and guidelines are 
available on the website. It is available 24 hours each day, 365 days 
each year. An electronic copy of this document may also be downloaded 
from the Office of the Federal Register's website at 
www.federalregister.gov and the Government Publishing Office's website 
at www.GovInfo.gov.

SUPPLEMENTARY INFORMATION: On December 18, 2024, DOT issued a final 
rule titled, ``Transportation for Individuals with Disabilities; 
Adoption of Accessibility Standards for Pedestrian Facilities in the 
Public Right-of-Way'' (PROWAG) (89 FR 102800). The final rule adopted, 
without modification, the Architectural and Transportation Barriers 
Compliance Board's PROWAG as DOT's regulatory standards for new 
construction and alterations of transit stops in the public right-of-
way. The final rule became effective on January 17, 2025.
    On January 20, 2025, the President issued a memorandum titled, 
``Regulatory Freeze Pending Review,'' \1\ to direct executive 
departments and agencies to consider postposing for 60 days the 
effective date for any rules that had been published in the Federal 
Register but had not taken effect for the purpose of reviewing any 
questions of fact, law, and policy that the rules may raise. While not 
explicitly subject to the President's memorandum, DOT is providing 
notice that it will exercise its enforcement discretion and not enforce 
the provisions of the PROWAG final rule until March 20, 2025, to allow 
the officials appointed or designated by the President to review the 
final rule to ensure that it is consistent with the law and 
Administration policies.
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    \1\ Available at https://www.whitehouse.gov/presidential-actions/2025/01/regulatory-freeze-pending-review/ (last accessed 
Feb. 3, 2025).

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.27(a):
Gregory D. Cote,
Acting General Counsel.
[FR Doc. 2025-02811 Filed 2-18-25; 8:45 am]
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