| Initiative | Advance Notice of Proposed Rulemaking (ANPRM) |
| Comment Number | OL-100625 |
| Status | Catalogued |
| Classification | Substantive |
| Submitted Type | CW Web Form |
| Commenter Type | Other |
| Organization | American Council of the Blind |
| Received | 05/31/2005 05:16:56 PM |
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| Category | Non-Standard/Attached file |
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| Commenter |
| First Name | Last Name | State/Province |
| Day | Al-Mohamed | DC |
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| Comment Period Start | 9/30/2004 |
| Comment Period End | 5/31/2005 |
| Phase | Advance Notice of Proposed Rulemaking (ANPRM) |
| Comment Instructions | NEW ALTERNATIVE PROCESS AVAILABLE: As described in its Announcement of Alternative ADA ANPRM Comment Process, as of 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.
The Department of Justice (Department) is issuing this ANPRM in order to begin the process of adopting revised ADA standards consistent with Parts I and III of the revised guidelines implementing the Americans with Disabilities Act of 1990 (ADA) and the Architectural Barriers Act of 1968 (ABA), published by the Architectural and Transportation Barriers Compliance Board (Access Board) on July 23, 2004, at 69 FR 44083. You may submit electronic comments though this form or through www.regulations.gov. The Department strongly encourages you to read the ANPRM before submitting your comments. Unless you use the new alternative process, you may address all written comments concerning this ANPRM to P.O. Box 1032, Merrifield, VA. 22116-1032; please note that courier and overnight deliveries will not be accepted at this address. Unless you use the new alternative process, comments submitted in written or electronic form are available to the public in their entirety, including personal information.
Using this form: The fields for your full name and address, marked with asterisks, are required fields. You cannot proceed with your comment unless you fill in these fields. You may select one or more of the 54 questions posed by the Department in the ANPRM and type your answer to the question in the space provided. There are two ways to select a question: you may either enter the number of the question that you want in the box provided and click on the "Retrieve Question" button, or you may scroll through the questions listed by topic, click the question you want to select, and then click on the "Retrieve Question" button. In addition, you may choose to type a comment in the "General Comments" box provided below (4,000 characters available). You may also submit a comment as an attachment at the end of this form.
Inspection of Comments: All comments will be available throughout the comment period to the public online at WWW.ADAANPRM.ORG and, by appointment, during normal business hours, at the office of the Disability Rights Section, Civil Rights Division, U.S. Department of Justice, located at 1425 New York Avenue, Suite 4039, Washington, D.C. 20005. To arrange an appointment to review the comments, please contact the ADA Information Line at (800) 514-0301 (voice) and (800) 514-0383 (TTY). |
| Initiative Type | Federal Rulemaking |
| Agency | U. S. Department of Justice |
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| Initiative | Advance Notice of Proposed Rulemaking (ANPRM) |
| Subject | Advance Notice of Proposed Rulemaking (ANPRM) |
| Docket ID | CRT Docket No. 2004-DRS01 |
| Short Title | Nondiscrimination on the Basis of Disability in State and Local Government Services; Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities |
| Rule | Nondiscrimination on the Basis of Disability in State and Local Government Services; Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities |
| Rule Citation | 28 CFR Parts 35 and 36 |
| Published Info | September 30, 2004 View Announcement of Alternative ADA ANPRM Comment Process (HTML) View ANPRM (HTML)  View ANPRM (PDF) View Notice to Extend Comment Period (HTML) View Notice to Extend Comment Period (PDF) (Download Adobe Reader) |
| Description | Description??? |
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| File Name | OL-100625.htm |
| File Extension | .txt |
| File Size | 2051 |
| Comments | Answers to Specific Questions
1-ACB Comment: We feel strongly that DOJ should elect Option 2 as the effective date of implementation of the ADA standards. Option 2 offers a six-month period of time in which covered entities need to comply with the ADA standards. We feel that six-months is sufficient because there is more information available from more sources on compliance with the standards. In addition, the language in the ANPRM specifically states: “…the changes in scoping and technical specification to the revised ADA Standards are primarily incremental”. Fifteen years of ADA implementation has been more than adequate for familiarization with the concept of architectural and programmatic compliance with the various ADA standards.
7-ACB Comment: The ADA standard ensures that covered equipment is independently usable to blind and visually impaired individuals. The American Council of the Blind urges DOJ to not only cover fixed equipment, but also cover previously owned fixed equipment and free-standing equipment in the new ADAAG standard. It is imperative that access standards exist for previously owed fixed equipment and free-standing equipment as well as equipment that is new. Creating separate guidelines for equipment which is defined as previously owed and free-standing is confusing. The access needs for people who are blind and visually impaired are the same regardless whether or not the equipment is previously owned or free-standing. As long as the equipment meets the accessibility standard, it does not make a difference whether it is fixed, free-standing or previously owned. Furthermore, any guidance that is offered by DOJ in the future concerning accessible equipment needs to address the access needs of people who are blind and visually impaired by providing equivalent and independent usability. In closing, we with to state that ACB supports the comments submitted to the Department by the American Foundation for the Blind (AFB) on this issue. General Comments
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| Version Date | 6/6/2005 |
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| File MIME Type | text/html |
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