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 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Rules and Regulations 13287 

use of the word ‘‘handler’’ in the sectionby-section analysis contained in 

Appendix A to part 36 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. 

Finally, the final rule inadvertently 

omitted some language that may cause 

confusion over the interpretation of the 

rule. Specifically, on page 56251, 

§ 36.302(e)(1) reads as follows: ‘‘A 

public accommodation that owns, leases 

(or leases to), or operates a place of 

lodging shall, with respect to 

reservations made by telephone, inperson, or through a third party * * *.’’ 

The intention was not to limit 

reservation policies to only those made 

in those three scenarios. In the NPRM, 

these items were included as examples, 

and the Department gave no indication 

it intended to revise the broad language 

to limit the application to only those 

three situations. The language 

indicating that those three scenarios 

operated as examples was inadvertently 

deleted. The language should be revised 

to read as follows: ‘‘A public 

accommodation that owns, leases (or 

leases to), or operates a place of lodging 

shall, with respect to reservations made 

by any means, including by telephone, 

in-person, or through a third party 

* * *.’’ 

II. Corrections 

In the final rule FR Doc. 2010–21824, 

beginning on page 56236 in the Federal 

Register of Wednesday, September 15, 

2010, 75 FR 56236, make the following 

corrections: 

■ 1. On page 56250, in the first column, 

starting on line 54, under Subpart A— 

General, paragraph 2, remove the 

following language from the instruction: 

‘‘Amend § 36.104 by adding the 

following definitions of 1991 Standards, 

2004 ADAAG, 2010 Standards, direct 

threat, existing facility, housing at a 

place of education, other power-driven 

mobility device, qualified reader, video 

remote interpreting (VRI) service, and 

wheelchair in alphabetical order and 

revising the definitions of place of 

public accommodation, qualified 

interpreter, and service animal to read 

as follows’’ and add in its place 

corrected language to read as follows: 

‘‘Amend § 36.104 by adding the 

following definitions of 1991 Standards, 

2004 ADAAG, 2010 Standards, direct 

threat, existing facility, housing at a 

place of education, other power-driven 

mobility device, qualified reader, video 

remote interpreting (VRI) service, and 

wheelchair in alphabetical order, 

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 to read as follows:’’. 

§ 36.104 [Corrected] 

■ 2. On page 56250, in the third column, 

starting on line 41, in § 36.104, 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.’’ 

§ 36.302 [Corrected] 

■ 3. On page 56251, in the third column, 

starting on line 48, in § 36.302(e)(1), 

correct the sentence following the italic 

heading in the introductory text to read 

as follows: ‘‘A public accommodation 

that owns, leases (or leases to), or 

operates a place of lodging shall, with 

respect to reservations made by any 

means, including by telephone, inperson, or through a third party—’’ 

Appendix A to Part 36 [Corrected] 

■ 4. On page 56266, in the first column, 

starting on line 15, 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 56266, in the second 

column, starting on line 50, 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 

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 56266, in the third column, 

starting on line 4, remove the sentence 

that reads: ‘‘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 56267, in the first column, 

starting on line 40, 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 56269, in the second 

column, starting on line 20, 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 56271, in the second 

column, starting on line 65, 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 § 36.104’’ 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 § 36.104.’’ 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
13288 Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Rules and Regulations 

Dated: March 7, 2011. 

Rosemary Hart, 

Special Counsel. 

[FR Doc. 2011–5581 Filed 3–10–11; 8:45 am] 

BILLING CODE 4410–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0107] 

Drawbridge Operation Regulation; 

Intracoastal Waterway (ICW), Inside 

Thorofare, Ventnor City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has issued a temporary 

deviation from the regulations 

governing the operation of the Dorset 

Avenue Bridge, across Inside Thorofare, 

mile 72.1, at Ventnor City. The 

deviation is necessary to facilitate 

cleaning and painting operations of the 

double-leaf bascule drawbridge. This 

deviation allows restriction of the 

operation of the draw span. 

DATES: This deviation is effective from 

7 a.m. on March 8, 2011 until 11:59 p.m. 

on May 27, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0107 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0107 in the ‘‘Keyword’’ box 

and then clicking ‘‘Search’’. They are 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Mr. Waverly W. Gregory, Jr., 

Bridge Administrator, Fifth District; 

Coast Guard; telephone 757–398–6222, 

e-mail Waverly.W.Gregory@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: The 

Dorset Avenue Bridge has a vertical 

clearance in the closed position of 9 feet 

above mean high water and 12 feet 

above mean low water. 

The drawbridge opens on signal 

except that from June 1 through 

September 30, from 9:15 a.m. to 9:15 

p.m., the draw need only open at 15 and 

45 minutes after the hour, as required by 

33 CFR 117.733(g). 

A.P. Construction, Inc., on behalf of 

Atlantic County who owns and operates 

this double-leaf bascule drawbridge, has 

requested a temporary deviation from 

the current operating regulations set out 

in 33 CFR 117.733(g), to facilitate 

cleaning and painting of the lift spans. 

Under this temporary deviation, the 

drawbridge will provide a partial 

opening of the lift spans for vessels. The 

cleaning and painting require 

immobilizing half of the draw span to 

single-leaf operation beginning at 7 a.m. 

on Tuesday, March 8, 2011, until and 

including 11:59 p.m. on Friday, May 27, 

2011. 

Consequently, passage under the 

bridge will be limited to a 25-foot width 

for the duration of the project. 

The single-bascule leaf not under 

repair will continue to open for vessels. 

Prior to an opening of this singlebascule leaf, a work boat occupying the 

channel underneath this span will also 

be moved. Finally, the drawbridge will 

open in the event of an emergency. 

Bridge opening data, supplied by 

Atlantic County and reviewed by the 

U.S. Coast Guard, revealed vessel 

openings of the draw span from March 

2010 through May 2010. Specifically, 

the bridge opened for vessels 8, 17, and 

85 times during the months of March 

2010 through May 2010, respectively. 

Vessels that can pass under the bridge 

without a full bridge opening may 

continue to do so at anytime. Mariners 

requiring the full opening of the lift 

spans will be directed to use the 

Atlantic Ocean as the alternate route. 

The Coast Guard will inform the users 

of the waterway through our Local and 

Broadcast Notices to Mariners of the 

closure periods for the bridge so that 

vessels can arrange their transits to 

minimize any impact caused by the 

temporary deviation. In accordance with 

33 CFR 117.35(e), the drawbridge must 

return to its regular operating schedule 

immediately at the end of the 

designated time period. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: February 18, 2011. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. 2011–5663 Filed 3–10–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0093] 

Drawbridge Operation Regulations; 

Hackensack River, Secaucus, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Upper Hack Bridge 

at mile 6.9, across the Hackensack River, 

at Secaucus, New Jersey. The deviation 

is necessary to facilitate electrical 

repairs. This deviation will allow the 

bridge to remain in the closed position 

for two days. 

DATES: This deviation is effective from 

4 a.m. on March 10, 2011 through 11 

p.m. on March 11, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0093 and are available online at 

http://www.regulations.gov, inserting 

USCG–2011–0093 in the ‘‘Keyword’’ and 

then clicking ‘‘Search’’. They are also 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Mr. Joe Arca, Project Officer, 

First Coast Guard District, telephone 

(212) 668–7165. If you have questions 

on viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The Upper 

Hack Bridge, across the Hackensack 

River at mile 6.9 has a vertical clearance 

in the closed position of 8 feet at mean 

high water and 13 feet at mean low 

water. The existing drawbridge 

operation regulations are listed at 33 

CFR 117.723(d). 

The waterway has commercial vessels 

of various sizes. 

The owner of the bridge, New Jersey 

Transit, requested a temporary deviation 

to facilitate electrical system 

rehabilitation at the bridge. 

Under this temporary deviation the 

Upper Hack Bridge, mile 6.9, across the 

Hackensack River may remain in the 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1