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New or Proposed ADA Regulations


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ADA requirements may change as regulations are modified to improve access or to make it easier for entities to comply with the ADA. When new requirements are proposed, a formal procedure is used which calls for public comment and agency review before the requirement is finalized. Changes in existing requirements or new requirements are first issued as a proposed rule and published in the Federal Register. Public comments, in the form of written comments received by mail and over the Internet, are reviewed by the Department before a proposed Final Rule is published. Following a second set of public comments, a Final Rule is published. When the Final Rule is published, new requirements are established as detailed in the Final Rule. For information on any new or proposed Department of Justice ADA regulations contact the ADA Information Line.


New or Proposed ADA Regulations by the Department of Justice

Proposal to Issue Revised ADA Design Standards (updated January 19)

NEW ALTERNATIVE ANPRM COMMENT PROCESS AVAILABLE (new May 16)
As described in its Announcement of Alternative ADA ANPRM Comment Process, as of Monday, May 16, 2005, the Department permits commenters who wish to restrict access to their identity to send their comments to a special new mailing or electronic address. At this address, commenters’ business and personal names and addresses will be removed before their comments enter the comment processing system. Comments must initially include the sender’s name and address and must follow all of the instructions set forth in the announcement.


Other ADA Regulations

Access Board publishes revised guidelines to implement the ADA and the Architectural Barriers Act.

On July 23, 2004, the Access Board published a final rule adopting revised guidelines to implement the ADA and the Architectural Barriers Act (ABA) in the Federal Register. 69 Fed. Reg.44083. On September 21, 2004, these guidelines will become effective as guidance for the ADA standard-setting agencies (Department of Justice and Department of Transportation) and the ABA standard-setting agencies (Department of Defense, Department of Housing and Urban Developement, the General Services Administration, and the U.S Postal Service). Each of these standard-setting agencies is required to publish enforceable regulations that include design standards that consistent with the Access Board's guidelines. The Access Board's guidelines have no legal effect on the public until the standard-setting agencies have completed their rule making process.

The Department of Justice has initiated its rule making process with the publication of the ANPRM discussed above.

For information and technical assistance on the Access Board's proposed rule contact the Access Board.


updated December 29, 2005