The Department of Justice has published an Advanced Notice of Proposed
Rulemaking (ANPRM) to begin the process of revising the Department's ADA regulations to adopt design standards that are consistent with the revised ADA Accessibility Guidelines published by the Architectural and Transportation Barriers Compliance Board (also known as the Access Board) on July 23, 2004.
The ADA requires the Department to publish regulations that include accessibility standards that are consistent with the Access Board's guidelines. Until the Department's rule making is complete, the revised ADA Guidelines are effective only as guidance to the Department (and to the Department of Transportation). The revised guidelines have no legal effect on the public.
The ANPRM is the first of three steps in the regulatory process. The ANPRM will be followed by notice of proposed rulemaking (NPRM) and a final rule. The Department published the ANPRM to solicit public comment on several issues relating to the potential application of the revised guidelines and to obtain background information needed for the regulatory impact analysis ( a report analyzing the economic costs and benefits of a regulatory action) that will accompany the proposed and final rules.
Members of the public may submit comments until January 28, 2005.
Comments may be submitted electronically to www.adaanprm.org or www.regulations.gov. or by mail to P.O. Box 1032, Merrifield, VA 22116-1032.
All comments will be available to the public online at www.adaanprm.org and, by appointment, at the offices of the Disability Rights Section.
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Advanced Notice of Proposed Rulemaking to amend 28 CFR Part 35: Nondiscrimination on the Basis of Disability in State and Local Government Services and 28 CFR Part 36: Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities can be viewed on-line at: http://www.usdoj.gov/crt/ada/anprm04.htm
Appendix A -- Proposed Framework for the Regulatory Analysis can be viewed on-line at: http://www.usdoj.gov/crt/ada/anprm04appa.htm
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