Regulatory Agenda

Part X

Department of Justice

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###Semiannual Regulatory Agenda###

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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

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Regulation

Sequence Title Identifier

Number Number

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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)..................................................................

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_______________________________________________________________________

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

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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

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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]

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