This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

13285 

Vol. 76, No. 48 

Friday, March 11, 2011 

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. 

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 § 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 § 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-bysection 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 § 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 sectionby-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: 

§ 35.104 [Corrected] 

■ 1. On page 56177, in the third column, 

starting on line 30, in § 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.’’ 

§ 35.136 [Corrected] 

■ 2. On page 56178, in the third column, 

in § 35.136, paragraph (i)(C) is 

redesignated as paragraph (i)(3). 

§ 35.151 [Corrected] 

■ 3. On page 56182, in the first column, 

in line 15, in paragraph (c)(1) of 

§ 35.151, remove the word ‘‘the’’ 

preceding ‘‘September 15, 2010’’. 

Appendix A to Part 35 [Corrected] 

■ 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.’’ 

■ 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 selfmutilation, providing safety checks and 

room searches, reminding the handler to 

take medications, and protecting the 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
13286 Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Rules and Regulations 

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 selfmutilation, providing safety checks and 

room searches, reminding the 

individual to take medications, and 

protecting the individual from injury 

resulting from seizures or 

unconsciousness.’’ 

■ 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.’’ 

■ 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.’’ 

■ 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.’’ 

■ 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 § 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 § 35.104.’’ 

■ 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] 

BILLING CODE 4410–13–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 36 

[CRT Docket No. 106; AG Order No. 3181– 

2010] 

RIN 1190–AA44 

Nondiscrimination on the Basis of 

Disability by Public Accommodations 

and in Commercial Facilities; 

Corrections 

AGENCY: Department of Justice, Civil 

Rights Division. 

ACTION: Final rule; correction. 

SUMMARY: This document contains 

corrections to the final rule published in 

the Federal Register of Wednesday, 

September 15, 2010, at 75 FR 56236, 

relating to nondiscrimination on the 

basis of disability by public 

accommodations and in commercial 

facilities. This document will correct an 

inadvertent error in an instruction, the 

omission of some language in the rule, 

and an error reflected in certain sections 

of the rule relating to service animals. 

DATES: Effective Date: March 15, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Christina Galindo-Walsh, 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: The final 

rule that is the subject of these 

corrections revises the Department of 

Justice regulations implementing title III 

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 III regulation so 

that they comport with the Department’s 

legal and practical experiences in 

enforcing the ADA since 1991. 

I. Need for Corrections 

As published, an instruction in the 

final rule has the unintended effect of 

deleting several paragraphs currently in 

the Code of Federal Regulations. 

Specifically, on page 56250, § 36.104 is 

amended by revising the definition of 

‘‘place of public accommodation.’’ 

However, only the introductory text of 

that definition, and paragraph (1) and its 

subparagraphs, are set out below the 

instruction and were meant to be 

amended. The Code of Federal 

Regulations also currently includes 

paragraphs (2) through (12) to that 

definition, and, as the instruction is 

written, those paragraphs will drop out 

of the Code of Federal Regulations as of 

the effective date of the final rule, 

March 15, 2011. This problem can be 

avoided by revising the instruction. 

Where the instruction currently reads 

‘‘* * * revising the definitions of place 

of public accommodation, qualified 

interpreter, and service animal * * *’’ it 

should be corrected to read as follows: 

‘‘* * * revising the introductory text 

and paragraph (1) of the definition of 

place of public accommodation, and 

revising the definitions of qualified 

interpreter and service animal * * *.’’ 

Additionally, the final rule contains 

an error in wording that may cause 

confusion over the interpretation of the 

rule. Specifically, on page 56250, in 

§ 36.104 (‘‘Definitions’’), the ‘‘service 

animal’’ definition includes the 

following language: ‘‘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 


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