1. Introduction

With the anticipated adoption of the proposed ADA Standards for Accessible Design (proposed standards), which are based upon revised 2004 Americans with Disabilities Act Accessibility Guidelines (2004 ADAAG) published by the Architectural and Transportation Barriers Compliance Board (Access Board) on July 23, 2004, the Department of Justice (the Department) is preparing this initial Regulatory Impact Analysis (regulatory analysis or RIA) encompassing buildings undergoing new construction, alterations and architectural barrier removal.

This analysis is attached to a Notice of Proposed Rulemaking (NPRM). The NPRM proposes to adopt revised ADA standards and seeks public comment. The final regulatory analysis will be published with a final rule adopting revised ADA standards. The initial step in this process was the publication in the Federal Register of a proposed framework for the regulatory analysis, presented as Appendix A to the Advance Notice of Proposed Rulemaking (ANPRM), published by the Department on September 30, 2004.[1] This initial proposed framework for the regulatory analysis has been reproduced in Appendix 1.

The regulatory analysis estimates the economic impact, in terms of all costs and benefits, on facilities and the general public associated with how the proposed standards affect existing and new facilities. The economic impacts are measured on an incremental basis. This means that the impact is measured against an accessibility standard; the primary standard is the current 1991 ADA rule (1991 Standards). Incremental impacts are also measured against accessibility standards adopted by various States and local jurisdictions.

This report first presents an overview of the 2004 ADAAG and highlights key dimensions of the regulation that pertain to the analysis. The next chapter discusses the approach to assessing the regulatory impact. Chapter four discusses data and assumptions for measuring costs and benefits and identifies appendices that provide additional details. Chapter five discusses analytical results of the regulation, individual requirements and facilities. Several scenarios are evaluated to assess how costs and benefits change under different assumptions. This chapter also explores the qualitative value of non-quantified benefits. Chapter six discusses the approach to assessing and impact of the proposed regulation on small businesses.

Appendices present additional information about the analysis and especially the data and assumptions. Appendix 1 reproduces the Appendix A to the Advance Notice of Proposed Rulemaking (ANPRM). Appendix 2 summarizes the proposed requirements. Appendix 3 contains data related to the estimation of the costs. Appendix 4 contains the data related to the benefits estimation. Appendix 5 discusses the estimation of small business facilities and receipts. Appendix 6 discusses the RAP session in detail. Appendix 7 includes the benefits and cost RAP meetings’ agenda and lists the participants. Appendix 8 discusses the changes represented by the new and revised requirements. Appendix 9 lists the applicable baseline for the IBC scenarios. Appendix 10 discusses the regulatory proposals.

The scope of this analysis is very broad yet involves very detailed changes that can occur in a wide variety of situations. Many estimates and assumptions were necessary in the absence of specific data and to make the estimate exercise manageable. The Department solicits any comments to improve the analysis to the greatest extent possible. Comments may be submitted to the regulatory docket using any of the methods listed under ADDRESSES in the preamble to this Proposed Rule. All input received during the public comment period will be considered.


[1] Federal Register, Vol. 69, No. 189: 58768-58786.

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