[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Proposed Rules]
[Pages 21819-21822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8985]
[[Page 21819]]
-----------------------------------------------------------------------
Part X
Department of Justice
-----------------------------------------------------------------------
###Semiannual Regulatory Agenda###
[[Page 21820]]
DEPARTMENT OF JUSTICE (DOJ)
_______________________________________________________________________
DEPARTMENT OF JUSTICE
8 CFR Ch. V
21 CFR Ch. I
27 CFR Ch. II
28 CFR Ch. I, V
Regulatory Agenda
AGENCY: Department of Justice.
ACTION: Semiannual regulatory agenda.
_______________________________________________________________________
SUMMARY: The Department of Justice is publishing its spring 2010
regulatory agenda pursuant to Executive Order 12866 ``Regulatory
Planning and Review,'' 58 FR 51735, and the Regulatory Flexibility Act,
5 U.S.C. sections 601 to 612 (1988).
FOR FURTHER INFORMATION CONTACT: Robert Hinchman, Senior Counsel,
Office of Legal Policy, Department of Justice, Room 4252, 950
Pennsylvania Avenue NW., Washington, DC 20530, (202) 514-8059.
SUPPLEMENTARY INFORMATION: Beginning with the fall 2007 edition, the
Internet has been the basic means for disseminating the Unified Agenda.
The complete Unified Agenda will be available online at www.reginfo.gov
in a format that offers users a greatly enhanced ability to obtain
information from the Agenda database.
Because publication in the Federal Register is mandated for the
regulatory flexibility agendas required by the Regulatory
Flexibility Act (5 U.S.C. 602), the Department of Justice's printed
agenda entries include only:
(1) Rules that are in the Agency's regulatory flexibility
agenda, in accordance with the Regulatory Flexibility Act, because
they are likely to have a significant economic impact on a
substantial number of small entities; and
(2) Any rules that the Agency has identified for periodic
review under section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. Additional information on these entries is available
in the Unified Agenda published on the Internet.
The Regulatory Flexibility Act (RFA) requires that, each year,
the Department publish a list of those regulations that have a
significant economic impact upon a substantial number of small
entities and are to be reviewed under section 610 of the Act during
the succeeding 12 months. This edition of the Department's
regulatory agenda includes two regulations requiring such a review:
``Nondiscrimination on the Basis of Disability in Public
Accommodations and Commercial Facilities'' (RIN 1190-AA44) and
``Nondiscrimination on the Basis of Disability in State and Local
Government Services'' (RIN 1190-AA46). In accordance with the RFA,
comments are specifically invited on these regulations. Those
comments should be addressed to the contact persons listed in the
entries for these items.
Dated: March 10, 2010.
Kevin R. Jones,
Acting Assistant Attorney General, Office of Legal Policy.
Civil Rights Division--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
202 Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial 1190-AA44
Facilities (Section 610 Review).......................................................
203 Nondiscrimination on the Basis of Disability in State and Local Government Services 1190-AA46
(Section 610 Review)..................................................................
----------------------------------------------------------------------------------------------------------------
_______________________________________________________________________
Department of Justice (DOJ) Final Rule Stage
Civil Rights Division (CRT)
_______________________________________________________________________
202. NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PUBLIC
ACCOMMODATIONS AND COMMERCIAL FACILITIES (SECTION 610 REVIEW)
Legal Authority: 5 USC 301; 28 USC 509; 28 USC 510; 42 USC 12186(b)
Abstract: In 1991, the Department of Justice published regulations to
implement title III of the Americans With Disabilities Act of 1990
(ADA). Those regulations include the ADA Standards for Accessible
Design, which establish requirements for the design and construction of
accessible facilities that are consistent with the ADA Accessibility
Guidelines (ADAAG) published by the U.S. Architectural and
Transportation Barriers Compliance Board (Access Board). In the time
since the regulations became effective, the Department of Justice and
the Access Board have each gathered a great deal of information
regarding the implementation of the Standards. The Access Board began
the process of revising ADAAG a number of years ago. It published new
ADAAG in final form on July 23, 2004, after having published guidelines
in proposed form in November 1999 and in draft final form in April
2002. In order to maintain consistency between ADAAG and the ADA
Standards, the Department is reviewing its title III regulations and
expects to propose, in one or more stages, to adopt revised ADA
Standards consistent with the final revised ADAAG and to make related
revisions to the Department's title III regulations. In addition to
maintaining consistency between ADAAG and the Standards, the purpose of
this review and these revisions is to more closely coordinate with
voluntary standards; to clarify areas which, through inquiries and
comments to the Department's technical assistance phone lines, have
been shown to cause confusion; to reflect evolving technologies in
areas affected by the Standards; and to
[[Page 21821]]
comply with section 610 of the Regulatory Flexibility Act, which
requires agencies once every 10 years to review rules that have a
significant economic impact upon a substantial number of small
entities.
The first step in adopting revised Standards was an advance notice of
proposed rulemaking that was published in the Federal Register on
September 30, 2004, at 69 FR 58768, issued under both title II and
title III. The Department believes that the advance notice simplified
and clarified the preparation of the proposed rule. In addition to
giving notice that the proposed rule will adopt revised ADA
accessibility standards, the advance notice raised questions for public
comment and proposed a framework for the regulatory analysis that
accompanied the proposed rule.
The adoption of revised ADAAG will also serve to address changes to the
ADA Standards previously proposed in RIN 1190-AA26, RIN 1190-AA38, RIN
1190-AA47, and RIN 1190-AA50, all of which have now been withdrawn from
the Unified Agenda. These changes include technical specifications for
facilities designed for use by children, accessibility standards for
State and local government facilities, play areas, and recreation
facilities, all of which had previously been published by the Access
Board.
The timetable set forth below refers to the notice of proposed
rulemaking that the Department issued as the second step of the above
described title III rulemaking. This notice proposed to adopt revised
ADA Standards for Accessible Design consistent with the minimum
guidelines of the revised ADAAG, and initiated the review of the
regulation in accordance with the requirements of section 610 of the
Regulatory Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 09/30/04 69 FR 58768
ANPRM Comment Period End 01/28/05
ANPRM Comment Period Extended 01/19/05 70 FR 2992
ANPRM Comment Period End 05/31/05
NPRM 06/17/08 73 FR 34508
NPRM Comment Period End 08/18/08
NPRM Correction 06/30/08 73 FR 37009
Final Action 09/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: John L. Wodatch, Chief, Disability Rights Section,
Department of Justice, Civil Rights Division, 950 Pennsylvania Avenue
NW, Washington, DC 20030
Phone: 800 514-0301
TDD Phone: 800 514-0383
Fax: 202 307-1198
RIN: 1190-AA44
_______________________________________________________________________
203. NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL
GOVERNMENT SERVICES (SECTION 610 REVIEW)
Legal Authority: 5 USC 301; 28 USC 509 to 510; 42 USC 12134; PL 101-336
Abstract: On July 26, 1991, the Department published its final rule
implementing title II of the Americans With Disabilities Act (ADA). On
November 16, 1999, the U.S. Architectural and Transportation Barriers
Compliance Board (Access Board) issued its first comprehensive review
of the ADA Accessibility Guidelines (ADAAG), which form the basis of
the Department's ADA Standards for Accessible Design. The Access Board
published an Availability of Draft Final Guidelines on April 2, 2002,
and published the ADA Accessibility Guidelines in final form on July
23, 2004. The ADA (section 204(c)) requires the Department's standards
to be consistent with the Access Board's guidelines. In order to
maintain consistency between ADAAG and the Standards, the Department is
reviewing its title II regulations and expects to propose, in one or
more stages, to adopt revised standards consistent with new ADAAG. The
Department will also, in one or more stages, review its title II
regulations for purposes of section 610 of the Regulatory Flexibility
Act and make related changes to its title II regulations.
In addition to the statutory requirement for the rule, the social and
economic realities faced by Americans with disabilities dictate the
need for the rule. Individuals with disabilities cannot participate in
the social and economic activities of the Nation without being able to
access the programs and services of State and local governments.
Further, amending the Department's ADA regulations will improve the
format and usability of the ADA Standards for Accessible Design;
harmonize the differences between the ADA Standards and national
consensus standards and model codes; update the ADA Standards to
reflect technological developments that meet the needs of persons with
disabilities; and coordinate future ADA Standards revisions with
national standards and model code organizations. As a result, the
overarching goal of improving access for persons with disabilities so
that they can benefit from the goods, services, and activities provided
to the public by covered entities will be met.
The first part of the rulemaking process was an advance notice of
proposed rulemaking, published in the Federal Register on September 30,
2004, at 69 FR 58768, issued under both title II and title III. The
Department believes the advance notice simplified and clarified the
preparation of the proposed rule to follow. In addition to giving
notice of the proposed rule that will adopt revised ADA accessibility
standards, the advance notice raised questions for public comment and
proposed a framework for the regulatory analysis that accompanied the
proposed rule.
The adoption of revised ADA Standards consistent with revised ADAAG
will also serve to address changes to the ADA Standards previously
proposed under RIN 1190-AA26, RIN 1190-AA38, RIN 1190-AA47, and RIN
1190-AA50, all of which have now been withdrawn from the Unified
Agenda. These changes include technical specifications for facilities
designed for use by children, accessibility standards for State and
local government facilities, play areas, and recreation facilities, all
of which had previously been published by the Access Board.
The timetable set forth below refers to the notice of proposed
rulemaking that the Department issued as the second step of the above-
described title III rulemaking. This notice also proposed to eliminate
the Uniform Federal Accessibility Standards (UFAS) as an alternative to
the ADA Standards for Accessible Design.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 09/30/04 69 FR 58768
[[Page 21822]]
ANPRM Comment Period End 01/28/05
ANPRM Comment Period Extended 01/19/05 70 FR 2992
ANPRM Comment Period End 05/31/05
NPRM 06/17/08 73 FR 34466
NPRM Comment Period End 08/18/08
NPRM Correction 06/30/08 73 FR 36964
Final Action 09/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: John L. Wodatch, Chief, Disability Rights Section,
Department of Justice, Civil Rights Division, 950 Pennsylvania Avenue
NW, Washington, DC 20030
Phone: 800 514-0301
TDD Phone: 800 514-0383
Fax: 202 307-1198
RIN: 1190-AA46
[FR Doc. 2010-8985 Filed 04-23-10; 8:45 am]
BILLING CODE 4410-BP-S