Analysis Of The Proposed Standarts (Appendix A) - Summary Of The Major Substantive Changes Proposed For The Scoping And Technical Requirements
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63Appendix A
Analysis of the Proposed Standards
The following document is a summary of the major substantive changes proposed for the
scoping and technical requirements of the 1991 Standards at 28 CFR pt. 36 adopted in
1991, as amended in 1994. The full text of the 2004 ADAAG is available for review on
the Access Board’s web site, , along with a chart that shows the
relationship between the 1991 Standards and the 2004 ADAAG.
This summary addresses only the major substantive changes that are being proposed.
Editorial changes are not discussed. Scoping and technical requirements are discussed
together, where appropriate, for ease of understanding the requirements. In addition, this
document addresses substantive public comments on specific changes to the proposed
standards received by the Department in response to its September 2004 ANPRM.
Comments received by the Access Board on the adoption process or on the overall scope
of the proposed standards have been addressed in the preamble to this notice. Comments
that did not raise major issues are not addressed here.
The ANPRM issued by the Department concerning these proposed standards stated that
comments received by the Access Board in response to its development of the guidelines
upon which these proposed standards are issued would be considered in the development
of this NPRM. Therefore, the Department will not restate here all of the comments and
responses to them issued by the Access Board. The Department is supplementing the
Access Board’s comments and responses with substantive comments and responses in
this notice. Comments and responses addressed by the Access Board that also were
separately submitted to the Department will not be restated in their entirety here.
Analysis of Sections
Application and Administration
103 Equivalent Facilitation
This section acknowledges that nothing in these requirements prevents the use of designs,
products, or technologies as alternatives to those prescribed, provided they result in
substantially equivalent or greater accessibility and usability.
A commenter encouraged the Department to include a procedure for determining
equivalent facilitation. The Department believes that the responsibility for determining
and demonstrating equivalent facilitation properly rests with the covered entity. The
purpose of allowing for equivalent facilitation is to encourage flexibility and innovation
while still ensuring access. The Department believes that establishing potentially
cumbersome bureaucratic provisions for reviewing requests for equivalent facilitation is
inappropriate.
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