[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Rules and Regulations]
[Pages 13286-13288]
From the Federal Register Online via the Government Printing 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]
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