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General Comments
One commenter urged the Department to move all or portions of
subpart D, New Construction and Alterations, to the appendix (ADAAG) or
to duplicate portions of subpart D in the appendix. The commenter
correctly pointed out that subpart D is inherently linked to ADAAG, and
that a self-contained set of rules would be helpful to users. The
Department has attempted to simplify use of the two documents by
deleting some paragraphs from subpart D (e.g., those relating to work
areas), because they are included in ADAAG. However, the Department has
retained in subpart D those sections that are taken directly from the
statute or that give meaning to specific statutory concepts (e.g.,
structural impracticability, path of travel). While some of the subpart
D provisions are duplicated in ADAAG, others are not. For example,
issues relating to path of travel and disproportionality in alterations
are not addressed in detail in ADAAG. (The structure and contents of the
two documents are addressed below under Summary of ADAAG.) While the
Department agrees that it would be useful to have one self-contained
document, the different focuses of this rule and ADAAG do not permit
this result at this time. However, the chart included in Sec. 36.406(b)
should assist users in applying the provisions of subparts A through D,
and ADAAG together.
(Just notes)
