Monday, 

December 20, 2010 

Part XI 

Department of 

Justice 

Semiannual Regulatory Agenda 


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79800 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

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 fall 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: For this 

edition of the Department of Justice’s 

regulatory agenda, the most important 

significant regulatory action and a 

Statement of Regulatory Priorities are 

included in The Regulatory Plan, which 

appears in both the online Unified 

Agenda and in part II of the Federal 

Register that includes the Unified 

Agenda. 

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. In addition, for fall editions of 

the Agenda, the entire Regulatory Plan 

will continue to be printed in the 

Federal Register, as in past years, 

including the Department of Justice’s 

regulatory plan. 

Dated: September 15, 2010 

Christopher H. Schroeder, 

Assistant Attorney General, Office of Legal 

Policy. 

Civil Rights Division—Completed Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

393 Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities (Rulemaking 

Resulting From a Section 610 Review) ................................................................................................................... 1190–AA44 

394 Nondiscrimination on the Basis of Disability in State and Local Government Services (Rulemaking Resulting 

From a Section 610 Review) ..................................................................................................................................... 1190–AA46 

Department of Justice (DOJ) Completed Actions 

Civil Rights Division (CRT) 

393. NONDISCRIMINATION ON THE 

BASIS OF DISABILITY IN PUBLIC 

ACCOMMODATIONS AND 

COMMERCIAL FACILITIES 

(RULEMAKING RESULTING FROM A 

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 

comply with section 610 of the 

Regulatory Flexibility Act, which 

requires agencies once every 10 years 

to review rules that have a significant 


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Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79801 

DOJ—CRT Completed Actions 

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). 

Completed: 

Reason Date FR Cite 

Final Action 09/15/10 75 FR 56236 

Final Action Effective 03/15/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: John L. Wodatch 

Phone: 800 514–0301 

TDD Phone: 800 514–0383 

Fax: 202 307–1198 

RIN: 1190–AA44 

394. NONDISCRIMINATION ON THE 

BASIS OF DISABILITY IN STATE AND 

LOCAL GOVERNMENT SERVICES 

(RULEMAKING RESULTING FROM A 

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. 

Completed: 

Reason Date FR Cite 

Final Action 09/15/10 75 FR 56164 

Final Action Effective 03/15/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: John L. Wodatch 

Phone: 800 514–0301 

TDD Phone: 800 514–0383 

Fax: 202 307–1198 

RIN: 1190–AA46 

[FR Doc. 2010–30440 Filed 12–17–10; 8:45 

am] 

BILLING CODE 4410–BP–S 


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