Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Proposed Rules 60929 

1NFA provisions still refer to the ‘‘Secretary of 

the Treasury.’’ However, the Homeland Security 

Act of 2002, Public Law 107–296 (2002), transferred 

the functions of ATF from the Department of the 

Treasury to the Department of Justice, under the 

general authority of the Attorney General. 26 U.S.C. 

7801(a)(2); 28 U.S.C. 599A(c)(1). Thus, this 

document refers to the Attorney General. 

3520). The collections of information in 

21 CFR part 4, subpart B, regarding 

postmarketing safety reporting for 

combination products have been 

approved under OMB control number 

0910–0834; the collections of 

information in part 803, regarding 

medical device reporting, have been 

approved under OMB control number 

0910–0437; the collections of 

information in 21 CFR part 806, 

regarding corrections and removals, 

have been approved under OMB control 

number 0910–0359; the collections of 

information in 21 CFR part 807, subpart 

E, regarding premarket notification, 

have been approved under OMB control 

number 0910–0120; the collections of 

information in 21 CFR part 814, 

subparts A through E, regarding 

premarket approval, have been 

approved under OMB control number 

0910–0231; the collections of 

information in 21 CFR part 810, 

regarding medical device recall 

authority, have been approved under 

OMB control number 0910–0432; the 

collections of information in part 820, 

regarding quality system regulations, 

have been approved under OMB control 

number 0910–0073; the collections of 

information regarding the MedWatch: 

The Food and Drug Administration 

Medical Products Reporting Program 

have been approved under OMB control 

number 0910–0291; and the collections 

of information regarding the Adverse 

Event Program for Medical Devices 

(Medical Product Safety Network 

(MedSun)) have been approved under 

OMB control number 0910–0471. 

V. References 

The following references are on 

display in the Dockets Management 

Staff (see ADDRESSES) and are available 

for viewing by interested persons 

between 9 a.m. and 4 p.m., Monday 

through Friday; they are also available 

electronically at https://

www.regulations.gov. FDA has verified 

the website addresses, as of the date this 

document publishes in the Federal 

Register, but websites are subject to 

change over time. 

1. Food and Drug Administration, 

‘‘Medical Device Reporting—Alternative 

Summary Reporting (ASR) Program, 

Guidance for Industry,’’ available at https:// 

www.fda.gov/downloads/MedicalDevices/ 

DeviceRegulationandGuidance/ 

GuidanceDocuments/ucm072102.pdf. 

2. Food and Drug Administration, Event 

Problem Codes, available at https://

www.fda.gov/medicaldevices/ 

deviceregulationandguidance/ 

postmarketrequirements/ 

reportingadverseevents/ 

mdradverseeventcodes/default.htm. 

3. Food and Drug Administration, FDA 

Form 3500A, available at https://

www.fda.gov/downloads/aboutfda/ 

reportsmanualsforms/forms/ucm048334.pdf. 

4. MDUFA IV Commitment Letter, 

available at https://www.fda.gov/downloads/ 

ForIndustry/UserFees/ 

MedicalDeviceUserFee/UCM535548.pdf. 

5. Appendix A, ‘‘Case Examples of 

Summary Malfunction Reporting,’’ available 

in Docket No. FDA–2017–N–6730. 

6. Electronic Medical Device Reporting 

(eMDR), (manufacturers may obtain 

information on how to prepare and submit 

reports in an electronic format that FDA can 

process, review, and archive), available at: 

http://www.fda.gov/ForIndustry/ 

FDAeSubmitter/ucm107903.htm. 

Dated: December 19, 2017. 

Leslie Kux, 

Associate Commissioner for Policy. 

[FR Doc. 2017–27650 Filed 12–22–17; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

27 CFR Parts 478 and 479 

[Docket No. 2017R–22] 

RIN 1140–AA52 

Application of the Definition of 

Machinegun to ‘‘Bump Fire’’ Stocks 

and Other Similar Devices 

AGENCY: Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF). 

ACTION: Advance notice of proposed 

rulemaking; request for comments. 

SUMMARY: The Department of Justice 

anticipates issuing a Notice of Proposed 

Rulemaking (NPRM) that would 

interpret the statutory definition of 

‘‘machinegun’’ in the National Firearms 

Act of 1934 and Gun Control Act of 

1968 to clarify whether certain devices, 

commonly known as ‘‘bump fire’’ 

stocks, fall within that definition. Before 

doing so, the Department and ATF need 

to gather information and comments 

from the public and industry regarding 

the nature and scope of the market for 

these devices. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before January 

25, 2018. Commenters should be aware 

that the electronic Federal Docket 

Management System will not accept 

comments after Midnight Eastern 

Standard Time on the last day of the 

comment period. 

ADDRESSES: You may submit comments, 

identified by docket number (2017R– 

22), by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• Fax: (202) 648–9741. 

• Mail: Vivian Chu, Mailstop 6N–518, 

Office of Regulatory Affairs, 

Enforcement Programs and Services, 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives, 99 New York Ave. NE, 

Washington DC 20226. ATTN: 2017R– 

22. 

Instructions: All submissions received 

must include the agency name and 

docket number for this advance notice 

of proposed rulemaking (ANRPM). All 

comments received will be posted 

without change to the Federal 

eRulemaking portal, http://

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ section of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Vivian Chu, Office of Regulatory Affairs, 

Enforcement Programs Services, Bureau 

of Alcohol, Tobacco, Firearms, and 

Explosives, U.S. Department of Justice, 

99 New York Ave. NE, Washington DC 

20226; telephone: (202) 648–7070. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Attorney General is responsible 

for enforcing the Gun Control Act of 

1968 (GCA), as amended, 18 U.S.C. 921 

et seq., and the National Firearms Act of 

1934 (NFA), as amended, 26 U.S.C. 5841 

et seq.1 The Attorney General has 

delegated the responsibility for 

administering and enforcing these laws 

to the Director of ATF subject to the 

direction of the Attorney General and 

the Deputy Attorney General. See 28 

CFR 0.130. Regulations in 27 CFR parts 

478 and 479 implement the GCA and 

NFA. 

The NFA defines ‘‘machinegun’’ as 

any weapon which: ‘‘shoots, is designed 

to shoot, or can be readily restored to 

shoot automatically more than one shot, 

without manual reloading, by a single 

function of the trigger.’’ The term also 

includes ‘‘the frame or receiver of any 

such weapon, any part designed and 

intended solely and exclusively, or 

combination of parts designed and 

intended, for use in converting a 

weapon into a machinegun, and any 


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combination of parts from which a 

machinegun can be assembled if such 

parts are in the possession or under the 

control of a person.’’ 26 U.S.C. 5845(b). 

The GCA defines ‘‘machinegun’’ by 

reference to the NFA definition. The 

GCA regulates the transfer and 

possession of machineguns under 18 

U.S.C. 922(o). Section 922(o) makes it 

unlawful for any person to possess a 

machinegun unless it was lawfully 

possessed prior to the effective date of 

the section or is under the authority of 

the federal government or a state. 

Those engaged in the business of 

manufacturing, importing, or dealing in 

NFA firearms must be registered with 

the Attorney General. 26 U.S.C. 5801, 

5802. When the NFA was enacted in 

1934, only a handful of firearms 

qualified as machineguns, such as the 

Thompson submachine gun. Over time, 

however, as firearms technologies have 

advanced, manufacturers and the public 

have attempted to develop firearms, 

triggers, and other devices that permit 

shooters to use semiautomatic rifles to 

replicate automatic fire without 

converting these rifles into 

‘‘machineguns’’ within the meaning of 

the statute. Consequently, questions 

have arisen about whether these types of 

devices should be classified as 

machineguns (or machinegun 

conversion devices) pursuant to section 

5845(b). See, e.g., Internal Revenue 

Ruling 55–528 (1955) (considering 

whether types of ‘‘Gatling Guns’’ 

constitute machineguns); ATF Ruling 

2006–2 (examining a firearms accessory 

device that, when activated by a single 

pull of the trigger, initiated an automatic 

firing cycle that continued until 

release). 

ATF has issued a number of private 

letters to individuals and manufacturers 

who voluntarily submitted such devices 

for classification under the NFA and 

GCA. In addition, ATF has promulgated 

a regulation that defines ‘‘machinegun,’’ 

See 28 CFR 478.11, but that regulation 

mirrors the statutory language of the 

NFA and GCA and provides no further 

interpretation. 

II. Las Vegas Music Festival Attack and 

Requests To Regulate Bump Stock-Type 

Devices 

‘‘Bump fire’’ stocks (bump stocks) are 

devices used with a semiautomatic 

firearm to increase the firearm’s cyclic 

firing rate to mimic nearly continuous 

automatic fire. Since 2008, ATF has 

issued a total of 10 private letters in 

which it classified various bump stock 

devices to be unregulated parts or 

accessories, and not machineguns or 

machinegun conversion devices as 

defined in section 5845(b) of the NFA or 

section 921(a)(23) of the GCA. 

On October 1, 2017, 58 people were 

killed and several hundred were 

wounded in Las Vegas, Nevada, by a 

shooter firing one or more AR-type rifles 

affixed with a particular bump stock 

device. In 2010, the manufacturer of this 

particular device had supplied ATF 

with a sample of the bump stock, and 

ATF had examined and classified it as 

an unregulated firearm part, not subject 

to either the GCA or NFA. 

Following the Las Vegas shooting, a 

significant amount of public attention 

has been focused on bump stock-type 

devices. ATF has received 

correspondence from the general public 

and from members of both houses of 

Congress requesting that ATF reexamine its past classification decisions 

concerning bump stock devices to 

determine whether they should be 

classified as machineguns within the 

meaning of section 5845(b). This 

ANPRM is the initial step in a 

regulatory process to interpret the 

definition of machinegun to clarify 

whether certain bump stock devices fall 

within that definition. If, in a 

subsequent rulemaking, the definition of 

machinegun under section 5845(b) is 

interpreted to include certain bump 

stock devices, ATF would then have a 

basis to re-examine its prior 

classification and rulings. See Encino 

Motorcars v. Navarro, 136 S. Ct. 2117, 

2125 (2016); FCC v. Fox Television 

Stations, 556 U.S. 502, 515 (2009). 

III. Requests for Public Input 

This ANPRM is intended to gather 

relevant information that is otherwise 

not readily available to ATF regarding 

the scope and nature of the market for 

bump stock type devices. Because ATF 

does not have the authority to regulate 

firearm parts and accessories, ATF does 

not know, with the exception of one 

well-known manufacturer, how many of 

the individuals or companies that 

received classification letters from ATF 

ever engaged in commercial production 

and distribution of these devices. 

Similarly, ATF does not know how 

many companies or individuals who did 

not submit bump stock type devices to 

ATF for voluntary classification 

determinations are now engaging or 

have previously been engaged in this 

business. Further, the individuals and 

companies who submitted bump stock 

type devices to ATF for voluntary 

classification determinations identified 

some specific target markets for such 

devices, such as individuals with 

disabilities, but ATF does not have any 

information about whether those 

markets or other markets ultimately 

materialized for the devices. 

Consequently, ATF seeks the following 

information: 

Manufacturers 

Are you, or have you been, involved 

in the manufacturing of bump stock 

devices? If so: 

1. In what part(s) of the 

manufacturing process, are/were you 

involved? 

2. In what calendar years are/were 

you involved in the manufacturing 

process? 

3. What is the wholesale price of the 

bump stock devices produced by the 

manufacturing process with which you 

are involved? 

4. In each calendar year in which you 

have operated, how many bump stock 

devices were produced by the 

manufacturing process with which you 

are/were involved? Of this number, how 

many devices were sold to (a) retailers/ 

resellers, and (b) directly to consumers? 

5. What were your approximate gross 

receipts for the sale of these bump stock 

devices in each calendar year (from 

2014—present)? 

6. For what use or uses have you 

marketed bump stock devices? 

7. If ATF classified bump stock 

devices as ‘‘machineguns’’ under the 

Gun Control Act of 1968, as amended, 

and the National Firearms Act of 1934, 

as amended, what would you expect to 

be the impact on your gross receipts for 

calendar year 2018? 

8. If ATF classified bump stock 

devices as ‘‘machineguns’’ under the 

Gun Control Act of 1968, as amended, 

and the National Firearms Act of 1934, 

as amended, what other economic 

impact would you expect (e.g., storage, 

unsellable inventory)? 

9. What costs do you expect to be 

associated with the disposition of 

existing bump stock device inventory? 

10. If ATF classified bump stock 

devices as ‘‘machineguns’’ under the 

Gun Control Act of 1968, as amended, 

and the National Firearms Act of 1934, 

as amended, do you believe that there 

would be a viable (profitable) lawenforcement and/or military market for 

these devices? If so, please describe that 

market and your reasons for believing 

such a viable market exists. 

Retailers 

Are you, or have you been, involved 

in the retail sale of bump stock devices? 

If so: 

11. In what calendar years are/were 

you involved? 

12. In each calendar year, how many 

bump stock devices did you sell? 

13. In each calendar year, what was 

the average retail price of the bump 

stock devices you sold? 


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14. In each calendar year (from 

2014—present) what were your 

approximate gross receipts derived from 

the retail sale of bump stock devices? 

15. For what use or uses have you 

marketed bump stock devices? 

16. In the 2018 calendar year, how 

many bump stock devices do you 

anticipate you will sell, assuming that 

such devices remain classified by ATF 

as an unregulated firearm part? What do 

you expect will be the average price at 

which those bump stock devices will be 

sold? 

17. If ATF classified bump stock 

devices as ‘‘machineguns’’ under the 

Gun Control Act of 1968, as amended, 

and the National Firearms Act of 1934, 

as amended, what would you expect to 

be the impact on your costs/expenses, 

gross receipts for calendar year 2018? 

18. If ATF classified bump stock 

devices as ‘‘machineguns’’ under the 

Gun Control Act of 1968, as amended, 

and the National Firearms Act of 1934, 

as amended, what other economic 

impact would you expect (e.g., storage, 

unsellable inventory)? 

19. What costs do you expect to be 

associated with the disposition of 

existing bump stock device inventory? 

20. If ATF classified bump stock 

devices as ‘‘machineguns’’ under the 

Gun Control Act of 1968, as amended, 

and the National Firearms Act of 1934, 

as amended, do you believe that there 

would be a viable (profitable) lawenforcement and/or military market for 

these devices? If so, please describe that 

market and your reasons for believing 

such a viable market exists. 

Consumers 

21. In your experience, where have 

you seen these devices for sale and 

which of these has been the most 

common outlet from which consumers 

have purchased these devices (e.g., brick 

and mortar retail stores; online vendors; 

gun shows or similar events; or private 

sales between individuals)? 

22. Based on your experience or 

observations, what is (or has been) the 

price range for these devices? 

23. For what purposes are the bump 

stock devices used or advertised? 

IV. Statutory and Executive Order 

Review 

This ANPRM has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ section 1(b), The Principles of 

Regulation, in accordance with 

Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review,’’ 

section 1(b), General Principles of 

Regulation, and in accordance with 

Executive Order 13771, ‘‘Reducing 

Regulation and Controlling Regulatory 

Costs.’’ 

The Department has determined that 

this ANPRM is a significant regulatory 

action under Executive Order 12866, 

section 3(f), and accordingly this 

ANPRM has been reviewed by the 

Office of Management and Budget. 

However, this action does not propose 

or impose any requirements. The 

ANPRM is being published to seek 

information from the public about the 

practical impacts of interpreting the 

statutory definition of ‘‘machinegun’’ 

such that certain bump stock type 

devices may fall under that definition. 

Furthermore, the requirements of the 

Regulatory Flexibility Act (RFA) do not 

apply to this action because, at this 

stage, it is an ANPRM and not a ‘‘rule’’ 

as defined in 5 U.S.C. 601. Following 

review of the comments received in 

response to this ANPRM, if ATF 

proceeds with a notice or notices of 

proposed rulemaking regarding this 

matter, ATF will conduct all relevant 

analyses as required by statute or 

Executive Order. 

V. Public Participation 

A. Comments Sought 

ATF requests comments on this 

ANPRM from all interested persons 

with information about the enumerated 

questions. ATF specifically requests 

comments on the questions listed above, 

on the costs or benefits of the proposal 

in this ANPRM, and on the appropriate 

methodology and data for calculating 

those costs and benefits. Each 

commenter or commenting party should 

include the identifying number of the 

specific question(s) to which it is 

responding. ATF does not expect 

commenters to respond to every 

question; please feel free to respond 

only to those questions you feel you are 

able to answer. 

All comments must reference the 

docket number 2017R–22, be legible, 

and include the commenter’s complete 

first and last name and full mailing 

address. ATF will not consider, or 

respond to, comments that do not meet 

these requirements or comments 

containing profanity. In addition, if ATF 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, ATF may not be 

able to consider your comment. 

ATF will take into account, as 

appropriate, the comments received on 

or before the closing date, and will give 

comments received after that date the 

same consideration if it is practical to 

do so, but assurance of consideration 

cannot be given except as to comments 

received on or before the closing date. 

ATF will not acknowledge receipt of 

comments. 

B. Confidentiality 

ATF will make all comments meeting 

the requirements of this section 

available for public viewing at ATF and 

on the internet as part of the 

eRulemaking initiative, and subject to 

the Freedom of Information Act. ATF 

will not redact personal identifying 

information that appears within the 

comment and it will appear on the 

internet. 

C. Proprietary or Confidential Business 

Information 

A commenter may submit to ATF 

information identified as proprietary or 

confidential business information. The 

commenter shall place any portion of a 

comment that is proprietary or 

confidential business information under 

law on pages separate from the balance 

of the comment with each page 

prominently marked ‘‘PROPRIETARY 

OR CONFIDENTIAL BUSINESS 

INFORMATION’’ at the top of the page. 

ATF will not make proprietary or 

confidential business information 

submitted in compliance with these 

instructions available when disclosing 

the comments that it received, but will 

disclose that the commenter provided 

proprietary or confidential business 

information that ATF is holding in a 

separate file to which the public does 

not have access. If ATF receives a 

request to examine or copy this 

information, it will treat it as any other 

request under the Freedom of 

Information Act (5 U.S.C. 552). In 

addition, ATF will disclose such 

proprietary or confidential business 

information to the extent required by 

other legal process. 

D. Submitting Comments 

Submit comments in any of three 

ways (but do not submit the same 

comments multiple times or by more 

than one method). 

• Federal eRulemaking Portal: We 

strongly recommend that you submit 

your comments to ATF via the Federal 

eRulemaking portal. Visit http://

www.regulations.gov and follow the 

instructions for submitting comments. 

Comments will be posted within a few 

days of being submitted. However, if 

large volumes of comments are being 

processed simultaneously, your 

comment may not be viewable for up to 

several weeks. Please keep the comment 

tracking number that regulations.gov 

provides after you have successfully 

uploaded your comment. 

• Mail: Send written comments to the 

address listed in the ADDRESSES section 


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60932 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Proposed Rules 

of this document. Written comments 

must appear in minimum 12 point font 

size (.17 inches), include the 

commenter’s complete first and last 

name and full mailing address, be 

signed, and may be of any length. 

• Facsimile: Submit comments by 

facsimile transmission to (202) 648– 

9741. Faxed comments must (1) Be 

legible and appear in minimum 12-point 

font size (.17 inches); (2) Be on 81⁄2′′ x 

11′′ paper; and (3) Be signed and contain 

the commenter’s complete first and last 

name and full mailing address. 

Disclosure 

Copies of this advance notice, and the 

comments received will be available at 

http://www.regulations.gov (search for 

Docket No. 2017R–22) and for public 

inspection by appointment during 

normal business hours at: ATF Reading 

Room, Room 1E–063, 99 New York 

Avenue NE, Washington, DC 20226; 

telephone: (202) 648–8740. 

List of Subjects 

27 CFR Part 478 

Administrative practice and 

procedure, Arms and munitions, 

Customs duties and inspection, Exports, 

Imports, Intergovernmental relations, 

Law enforcement officers, Military 

personnel, Penalties, Reporting and 

recordkeeping requirements, Research, 

Seizures and forfeitures, Transportation. 

27 CFR Part 479 

Administrative practice and 

procedure, Arms and munitions, Excise 

taxes, Exports, Imports, Military 

personnel, Penalties, Reporting and 

recordkeeping requirements, Seizures 

and forfeitures, and Transportation. 

Authority and Issuance 

This document is issued under the 

authority of 5 U.S.C. 552(a); 18 U.S.C. 

921 et seq.; 26 U.S.C. 5841 et seq. 

Dated: December 19, 2017. 

Thomas E. Brandon, 

Deputy Director. 

[FR Doc. 2017–27898 Filed 12–21–17; 4:15 pm] 

BILLING CODE 4410–FY–P 

DEPARTMENT OF JUSTICE 

28 CFR Parts 35 and 36 

[CRT Docket No. 138] 

RIN 1190–AA61; RIN 1190–AA62; RIN 1190– 

AA64; RIN 1190–AA65 

Nondiscrimination on the Basis of 

Disability; Notice of Withdrawal of Four 

Previously Announced Rulemaking 

Actions 

AGENCY: Civil Rights Division, 

Department of Justice. 

ACTION: Notice of withdrawal. 

SUMMARY: The Department of Justice is 

announcing the withdrawal of four 

previously announced Advance Notices 

of Proposed Rulemaking (ANPRMs), 

pertaining to title II and title III of the 

Americans with Disabilities Act (ADA), 

for further review. 

DATES: As of December 26, 2017, these 

four previously announced ANPRMs are 

formally withdrawn. 

ADDRESSES: Disability Rights Section, 

Civil Rights Division, U.S. Department 

of Justice, P.O. Box 2885, Fairfax, VA 

22031–0885. 

FOR FURTHER INFORMATION CONTACT: 

Anne Raish, Acting Chief, Disability 

Rights Section, Civil Rights Division, 

U.S. Department of Justice, at (202) 307– 

0663 (voice or TTY) (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). 

You may obtain copies of this 

document in an alternative format by 

calling the ADA Information Line at 

(800) 514–0301 (voice), or (800) 514– 

0383 (TTY). 

SUPPLEMENTARY INFORMATION: The 

Department of Justice is formally 

announcing the withdrawal of four 

previously announced Advance Notices 

of Proposed Rulemaking (ANPRMs) 

pertaining to title II and title III of the 

Americans with Disabilities Act (ADA): 

(1) Nondiscrimination on the Basis of 

Disability; Accessibility of Web 

Information and Services of Public 

Accommodations (RIN 1190–AA61); (2) 

Nondiscrimination on the Basis of 

Disability in State and Local 

Government Services; Next Generation 

9–1–1 (RIN 1190–AA62); (3) 

Nondiscrimination on the Basis of 

Disability by State and Local 

Governments and Places of Public 

Accommodation; Equipment and 

Furniture (RIN 1190–AA64); and (4) 

Nondiscrimination on the Basis of 

Disability: Accessibility of Web 

Information and Services of State and 

Local Government (RIN 1190–AA65). 

Reasons for Withdrawal 

A. Accessibility of Web Information 

On July 26, 2010, the Department 

published an ANPRM regarding the 

accessibility of Web information and 

services of state and local government 

entities (title II) and public 

accommodations (title III). 75 FR 43460. 

The Department subsequently 

bifurcated the rulemaking to deal 

separately with state and local 

government entities subject to title II 

(RIN 1190–AA65) and public 

accommodations subject to title III (RIN 

1190–AA61), and proceeded first with 

the title II rulemaking. On May 9, 2016, 

the Department published a 

Supplemental Advance Notice of 

Proposed Rulemaking (SANPRM) 

regarding title II Web accessibility to 

seek additional public input regarding a 

wide range of issues pertaining to the 

accessibility of Web information and 

services of state and local governments. 

81 FR 28658. The Department has not 

published any rulemaking document 

regarding title III Web accessibility since 

the 2010 ANPRM. 

The Department is evaluating whether 

promulgating regulations about the 

accessibility of Web information and 

services is necessary and appropriate. 

Such an evaluation will be informed by 

additional review of data and further 

analysis. The Department will continue 

to assess whether specific technical 

standards are necessary and appropriate 

to assist covered entities with 

complying with the ADA. Accordingly, 

the Department is withdrawing the two 

previously announced ANPRMs related 

to the accessibility of Web information 

and services, ‘‘Nondiscrimination on the 

Basis of Disability; Accessibility of Web 

Information and Services of State and 

Local Government Entities and Public 

Accommodations’’ (RIN 1190–AA61) 

(75 FR 43460), and ‘‘Nondiscrimination 

on the Basis of Disability: Accessibility 

of Web Information and Services of 

State and Local Government’’ (RIN 

1190–AA65) (81 FR 28658). 

B. Accessibility of Equipment and 

Furniture 

The Department initiated a review of 

accessibility of equipment and furniture 

on July 26, 2010, with the publication 

of an ANPRM to consider possible 

changes to requirements under titles II 

and III of the ADA to ensure that nonfixed equipment and furniture provided 

by covered entities are accessible to 

individuals with disabilities. 75 FR 

43452. While some types of fixed 

equipment and furniture are explicitly 

covered by the ADA Standards for 

Accessible Design, see, e.g., 28 CFR 


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