28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)

Organization of this NPRM

The subsequent sections of this NPRM deal with the Department's response to comments and its proposals for changes to its current regulation that derive from the required, periodic review that it performed.  The proposed standards and the Department's response to comments regarding the 2004 ADAAG are contained in Appendix A to the NPRM.  Appendix B to the NPRM contains the Department's initial, formal benefit-cost analysis.

The section of the NPRM entitled, "General Issues," briefly introduces topics that are noteworthy because they are new to the title II regulation or have been the subject of attention or comment.  The topics introduced in the general issues section include:  Safe harbor, service animals, wheelchairs and other power-driven mobility devices, effective communication and auxiliary aids, alterations to prison cells, and equipment.

Following the general issues section is the "Section-By-Section Analysis and Response to Comments."  This section includes a detailed discussion of the proposed changes to the text of the title II regulation.  The section-by-section analysis follows the order of the current regulation, except that regulatory sections that remain unchanged are not indicated.  The discussion within each section explains the proposals and the reasoning behind them as well as the Department's response to related public comments.  Subject areas that deal with more than one section of the regulation include references to the related sections where appropriate. 

The section-by-section analysis includes specific questions to which the Department requests public response.  These questions are numbered and italicized so that they are easier for readers to locate and reference.  The Department emphasizes, however, that the public may comment on any aspect of this NPRM and is not required to respond solely to questions specifically posed by the Department.

The Department's proposed changes to the actual regulatory text of title II that follow the section-by-section analysis are entitled, "Part 35: Nondiscrimination on the Basis of Disability in State and Local Government Services."