[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Rules and Regulations]
[Pages 13285-13286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5580]



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Rules and Regulations
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Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Rules 
and Regulations

[[Page 13285]]


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DEPARTMENT OF JUSTICE

28 CFR Part 35

[CRT Docket No. 105; AG Order No. 3180-2010]
RIN 1190-AA46


Nondiscrimination on the Basis of Disability in State and Local 
Government Services; Corrections

AGENCY: Civil Rights Division, Department of Justice.

ACTION: Final rule; correction.

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SUMMARY: This document contains corrections to the final rule published 
in the Federal Register of Wednesday, September 15, 2010, at 75 FR 
56164, relating to nondiscrimination on the basis of disability in 
State and local government services. This document will correct 
typographical errors and one substantive error reflected in certain 
sections of the rule relating to service animals.

DATES: Effective Date: March 15, 2011.

FOR FURTHER INFORMATION CONTACT: Barbara J. Elkin, Attorney Advisor, 
Disability Rights Section, Civil Rights Division, U.S. Department of 
Justice, at (202) 307-0663 (voice or TTY). This is not a toll-free 
number. Information may also be obtained from the Department's toll-
free ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 
(TTY).

SUPPLEMENTARY INFORMATION:

Background

    The final rule that is the subject of these corrections revises the 
Department of Justice regulations implementing title II of the 
Americans with Disabilities Act (ADA), which adopt enforceable 
accessibility standards under the ADA that are consistent with the 
minimum guidelines and requirements issued by the Architectural and 
Transportation Barriers Compliance Board (Access Board), and update or 
amend certain provisions of the title II regulation so that they 
comport with the Department's legal and practical experiences in 
enforcing the ADA since 1991.

I. Need for Correction

A. Typographical Errors

    As published, the final rule contains typographical errors that may 
cause confusion and therefore are in need of clarification. On page 
56178, in Sec.  35.136 (``Service animals''), paragraph 35.136(i)(C) 
(``Other requirements'') is incorrectly designated in the hierarchal 
outline. Paragraph 35.136(i)(C) needs to be redesignated as paragraph 
35.136(i)(3). Additionally, on page 56182, in Sec.  35.151(c) 
(``Accessibility standards and compliance date''), there is a 
superfluous ``the'' in the first sentence, which reads as follows: ``If 
physical construction or alterations commence after July 26, 1992, but 
prior to the September 15, 2010, then new construction and alterations 
subject to this section must comply with either UFAS or the 1991 
Standards except that the elevator exemption contained at section 
4.1.3(5) and section 4.1.6(1)(k) of the 1991 Standards shall not 
apply'' (emphasis added). The word ``the'' before ``September 15, 
2010'' needs to be removed. Finally, in the section-by-section analysis 
contained in Appendix A to part 35, on page 56214, under the heading 
Section 35.151(e) (``Social service center establishments''), there are 
two errors in the following language: ``* * * the Department proposed 
adding a provision that would require certain social service center 
establishments that provide sleeping rooms with more than 25 beds to 
ensure that a minimum of 5 percent of the beds have clear floor space 
in accordance with section 806.2.3 or 3004 ADAAG'' (emphasis added). 
The words ``or 3004'' need to be changed to ``of the 2004''.

B. Substantive Error

    As published, the final rule contains an error in wording that may 
cause confusion over the interpretation of the rule. Specifically, in 
Sec.  35.104 (``Definitions''), the ``service animal'' definition 
states as follows: ``The work or tasks performed by a service animal 
must be directly related to the handler's disability.'' Because a 
service animal is not always controlled by the individual with a 
disability, the service animal's ``handler'' is not necessarily the 
individual with a disability. To clear up any confusion, the word 
``handler's'' should be replaced with the word ``individual's'' in that 
sentence. Similar use of the word ``handler'' in the section-by-section 
analysis contained in Appendix A to part 35 also needs to be changed to 
``individual'' so it is clear that the individual with a disability 
does not necessarily need to be the animal's handler in order to be 
covered by the rule's provisions.

II. Corrections

    In the final rule FR Doc. 2010-21821, beginning on page 56164 in 
the Federal Register of Wednesday, September 15, 2010, 75 FR 56164, 
make the following corrections:


Sec.  35.104  [Corrected]

0
1. On page 56177, in the third column, starting on line 30, in Sec.  
35.104, in the definition of ``Service animal,'' correct the third 
sentence of the definition to read as follows: ``The work or tasks 
performed by a service animal must be directly related to the 
individual's disability.''


Sec.  35.136  [Corrected]

0
2. On page 56178, in the third column, in Sec.  35.136, paragraph 
(i)(C) is redesignated as paragraph (i)(3).


Sec.  35.151  [Corrected]

0
3. On page 56182, in the first column, in line 15, in paragraph (c)(1) 
of Sec.  35.151, remove the word ``the'' preceding ``September 15, 
2010''.

Appendix A to Part 35 [Corrected]

0
4. On page 56192, in the first column, beginning on line 13, remove the 
following sentence: ``The work or tasks performed by a service animal 
must be directly related to the handler's disability'' and add in its 
place the corrected sentence to read as follows: ``The work or tasks 
performed by a service animal must be directly related to the 
individual's disability.''

0
5. On page 56192, in the second column, starting on line 53, remove the 
following sentence: ``Other commenters identified non-violent 
behavioral tasks that could be construed as minimally protective, such 
as interrupting self-mutilation, providing safety checks and room 
searches, reminding the handler to take medications, and protecting the

[[Page 13286]]

handler from injury resulting from seizures or unconsciousness'' and 
add in its place the corrected sentence to read as follows: ``Other 
commenters identified non-violent behavioral tasks that could be 
construed as minimally protective, such as interrupting self-
mutilation, providing safety checks and room searches, reminding the 
individual to take medications, and protecting the individual from 
injury resulting from seizures or unconsciousness.''

0
6. On page 56192, in the third column, starting on line 7, remove the 
following sentence: ``While many individuals with PTSD may benefit by 
using a service animal, the work or tasks performed appropriately by 
such an animal would not involve unprovoked aggression but could 
include actively cuing the handler by nudging or pawing the handler to 
alert to the onset of an episode and removing the individual from the 
anxiety-provoking environment'' and add in its place the corrected 
sentence to read as follows: ``While many individuals with PTSD may 
benefit by using a service animal, the work or tasks performed 
appropriately by such an animal would not involve unprovoked aggression 
but could include actively cuing the individual by nudging or pawing 
the individual to alert to the onset of an episode and removing the 
individual from the anxiety-provoking environment.''

0
7. On page 56193, in the first column, starting on line 42, remove the 
following sentence: ``A pet or support animal may be able to discern 
that the handler is in distress, but it is what the animal is trained 
to do in response to this awareness that distinguishes a service animal 
from an observant pet or support animal'' and add in its place the 
corrected sentence to read as follows: ``A pet or support animal may be 
able to discern that the individual is in distress, but it is what the 
animal is trained to do in response to this awareness that 
distinguishes a service animal from an observant pet or support 
animal.''

0
8. On page 56195, in the second column, starting on line 2, remove the 
following sentence: ``Tasks performed by psychiatric service animals 
may include reminding the handler to take medicine, providing safety 
checks or room searches for persons with PTSD, interrupting self-
mutilation, and removing disoriented individuals from dangerous 
situations'' and add in its place the corrected sentence to read as 
follows: ``Tasks performed by psychiatric service animals may include 
reminding individuals to take medicine, providing safety checks or room 
searches for individuals with PTSD, interrupting self-mutilation, and 
removing disoriented individuals from dangerous situations.''

0
9. On page 56197, in the second column, starting on line 69, remove the 
following sentence: ``The Department has moved the requirement that the 
work or tasks performed by the service animal must be related directly 
to the handler's disability to the definition of `service animal' in 
Sec.  35.104'' and add in its place the corrected sentence to read as 
follows: ``The Department has moved the requirement that the work or 
tasks performed by the service animal must be related directly to the 
individual's disability to the definition of `service animal' in Sec.  
35.104.''

0
10. On page 56214, in the second column, in the fourth line from the 
bottom, remove the words ``or 3004'' and add in lieu thereof the words 
``of the 2004''.

    Dated: March 7, 2011.
Rosemary Hart,
Special Counsel.
[FR Doc. 2011-5580 Filed 3-10-11; 8:45 am]
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