DOJ Update
Proposal to Issue Revised ADA Design Standards
The US Department of Justice (DOJ) has published an Advance 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 rulemaking is complete, the revised ADA Guidelines are effective only as guidance to the Justice Department and to the US Department of Transportation (DOT). The revised guidelines currently 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.
ADA standards apply to places of public accommodation, which encompass those facilities open to the general public, commercial facilities, state and local government facilities, and transportation facilities. These standards are maintained by the Department of Justice and, in the case of transportation facilities, the Department of Transportation.
Members of the public may submit comments regarding the ANPRM until May 31, 2005. Comments may be submitted electronically at DOJ - ANRPM Comment Form 
(www.adaanprm.org) or Regulations.gov (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.
New DOJ Publication
ADA/Section 504 Design Guide: Accessible Cells in Correction Facilities
A publication providing guidance on preventing discrimination against inmates with mobility disabilities through the design of accessible cells in State and local correctional facilities. 5 pp. No cost from the ADA Center at 800-949-4232 (v/TTY) or downloadable from the Department of Justice: ADA/Section 504 Design Guide: Accessible Cells in Correction Facilities (www.ada.gov/publicat.htm#Anchor-ADA-Cells-49575).
