Department Begins Process To Revise ADA Standards By Seeking Public Comment

The Justice Department published an Advance Notice of Proposed Rule making in the Federal Register announcing that the Department plans to change its Americans with Disabilities Act Standards for Accessible Design (ADA Standards) to make them consistent with the ADA Accessibility Guidelines (ADAAG) that was published by the Architectural and Transportation Barrier Compliance Board (also known as the Access Board) in July. These accessibility requirements, which cover new and altered facilities, apply to businesses and state and local governments nationwide. The Department's ADA Standards must by law be consistent with the ADAAG, which is developed independently by the Access Board.

The notice alerts businesses, state and local governments, and people with disabilities of the pending changes and seeks input on how the new standards should be implemented. In the notice, the Department poses a variety of issues and questions on how the new requirements should apply to existing facilities. The Department also seeks advice on the date for implementing the new ADA Standards and on the methodology for conducting the regulatory assessment that must be prepared in connection with them.