[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Rules and Regulations]
[Pages 13285-13286]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5580]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Rules
and Regulations
[[Page 13285]]
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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.
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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
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 Sec. 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 Sec. 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-by-section 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
Sec. 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 section-by-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:
Sec. 35.104 [Corrected]
0
1. On page 56177, in the third column, starting on line 30, in Sec.
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.''
Sec. 35.136 [Corrected]
0
2. On page 56178, in the third column, in Sec. 35.136, paragraph
(i)(C) is redesignated as paragraph (i)(3).
Sec. 35.151 [Corrected]
0
3. On page 56182, in the first column, in line 15, in paragraph (c)(1)
of Sec. 35.151, remove the word ``the'' preceding ``September 15,
2010''.
Appendix A to Part 35 [Corrected]
0
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.''
0
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 self-mutilation, providing safety checks and room
searches, reminding the handler to take medications, and protecting the
[[Page 13286]]
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 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.''
0
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.''
0
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.''
0
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
Sec. 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 Sec.
35.104.''
0
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]
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