On Friday, May 30, 2008, Attorney General Michael B. Mukasey signed proposed regulations to revise the Department’s ADA regulations, including its ADA Standards for Accessible Design. On Tuesday, June 17, 2008, the proposed regulations were published in the Federal Register. The proposed regulations consist of a notice of proposed rulemaking to amend the ADA regulation for State and local governments, a notice of proposed rulemaking to amend the ADA regulation for public accommodations and commercial facilities, a Regulatory Impact Analysis, and two supporting appendices.
The public comment period for the proposed regulations ended on August 18, 2008.
Public comments can be viewed on the regulations.gov website. To view the comments, go to www.regulations.gov and then enter ADA in the box under "Search Documents." To further narrow the search after the ADA search, click on "DOJ" in the left column.
Title II: Notice of Proposed Rulemaking to amend 28 CFR Part 35: Nondiscrimination on the Basis of Disability in State and Local Government Services -- Federal Register (HTML) | Federal Register -- PDF format
Notice of Proposed Rulemaking to amend 28 CFR Part 35: Nondiscrimination on the Basis of Disability in State and Local Government Services -- Formatted (HTML)
Title III: Notice of Proposed Rulemaking to amend 28 CFR Part 36: Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities -- Federal Register (HTML) | Federal Register PDF format
Notice of Proposed Rulemaking to amend 28 CFR Part 36: Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities -- Formatted (HTML)
Appendices to Titles II and III:
Appendix A: Analysis of the Proposed Standards (HTML) | PDF format
Appendix B: Initial Regulatory Assessment (HTML) | PDF format
Regulatory Impact Analysis:
Initial Regulatory Impact Analysis Of The Proposed Revised Regulations Implementing Titles II And III of the ADA, Including Revised ADA Standards For Accessible Design | PDF format
Initial Regulatory Impact Analysis: Supplemental Results
Proposed ADA Standards for Accessible Design:
Proposed ADA Standards For Accessible Design (HTML) | PDF Format
These proposals are part of the Department’s comprehensive review of its regulations implementing the Americans with Disabilities Act. On September 30, 2004, the Department issued an advance notice of proposed rulemaking announcing its intention 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 rulemaking is complete, the revised ADA Guidelines are effective only as guidance to the Department and the public.
A public hearing on the proposed regulations was held in Washington, DC on July 15, 2008.
Transcript of Public Hearing
Notice of Public Hearing on Proposals to Amend Regulations Under Titles II and III of the ADA | Meeting Logistics
Notice of Public Hearing on Proposal to Amend Regulations Under Title II and Title III of the ADA -- Federal Register version
Aviso del Diario Oficial de la Federación para una Audiencia Públia sobre las Reglas Propuestas para el ADA
(Notice of Public Hearing Spanish)
|Foreign Language Summaries of Public Hearing Notice