[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Rules and Regulations]
[Pages 13286-13288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5581]


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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.

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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 
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, Sec.  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 Sec.  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

[[Page 13287]]

use of the word ``handler'' in the section-by-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, Sec.  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, in-
person, 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:

0
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 Sec.  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 Sec.  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:''.


Sec.  36.104  [Corrected]

0
2. On page 56250, in the third column, starting on line 41, in Sec.  
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.''


Sec.  36.302  [Corrected]

0
3. On page 56251, in the third column, starting on line 48, in Sec.  
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, in-
person, or through a third party--''

Appendix A to Part 36 [Corrected]

0
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.''

0
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 self-mutilation, 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 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 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.''

0
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.''

0
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.''

0
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 
Sec.  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 Sec.  
36.104.''


[[Page 13288]]


    Dated: March 7, 2011.
Rosemary Hart,
Special Counsel.
[FR Doc. 2011-5581 Filed 3-10-11; 8:45 am]
BILLING CODE 4410-13-P