[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Proposed Rules]
[Pages 37330-37331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12909]



[[Page 37329]]

Vol. 81

Thursday,

No. 111

June 9, 2016

Part XII





Department of Justice





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Semiannual Regulatory Agenda

  Federal Register / Vol. 81 , No. 111 / Thursday, June 9, 2016 / 
Unified Agenda  

[[Page 37330]]


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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.

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SUMMARY: The Department of Justice is publishing its spring 2016 
regulatory agenda pursuant to Executive Order 12866, ``Regulatory 
Planning and Review,'' 58 FR 51735, and the Regulatory Flexibility Act, 
5 U.S.C. 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: 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.

    Dated: March 24, 2016.
Jonathan J. Wroblewski,
Principal Deputy Assistant Attorney General, Office of Legal Policy.

                  Civil Rights Division--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
180.......................  Nondiscrimination on the           1190-AA65
                             Basis of Disability:
                             Accessibility of Web
                             Information and Services
                             of State and Local
                             Governments.
------------------------------------------------------------------------


                 Civil Rights Division--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
181.......................  Nondiscrimination on the           1190-AA63
                             Basis of Disability;
                             Movie Captioning and
                             Audio Description.
------------------------------------------------------------------------


DEPARTMENT OF JUSTICE (DOJ)

Civil Rights Division (CRT)

Prerule Stage

180. Nondiscrimination on the Basis of Disability: Accessibility of Web 
Information and Services of State and Local Governments

    Legal Authority: 42 U.S.C. 12101 et seq.
    Abstract: The Department published an ANPRM on July 26, 2010, RIN 
1190-AA61, that addressed issues relating to proposed revisions of both 
the title II and title III ADA regulations in order to provide guidance 
on the obligations of covered entities to make programs, services and 
activities offered over the Web accessible to individuals with 
disabilities. The Department has now divided the rulemakings in the 
next step of the rulemaking process so as to proceed with separate 
notices of proposed rulemakings for title II and title III. The title 
III rulemaking on Web accessibility will continue under RIN 1190-AA61 
and the title II rulemaking will continue under the new RIN 1190-AA65. 
This rulemaking will provide specific guidance to State and local 
governments in order to make services, programs, or activities offered 
to the public via the Web accessible to individuals with disabilities. 
The ADA requires that State and local governments provide qualified 
individuals with disabilities equal access to their programs, services, 
or activities unless doing so would fundamentally alter the nature of 
their programs, services, or activities or would impose an undue 
burden. 42. U.S.C. 12132. The Internet as it is known today did not 
exist when Congress enacted the ADA; yet today the Internet is 
dramatically changing the way that governmental entities serve the 
public. Taking advantage of new technology, citizens can now use State 
and local government Web sites to correspond online with local 
officials; obtain information about government services; renew library 
books or driver's licenses; pay fines; register to vote; obtain tax 
information and file tax returns; apply for jobs or benefits; and 
complete numerous other civic tasks. These Government Web sites are 
important because they allow programs and services to be offered in a 
more dynamic, interactive way in order to increase citizen 
participation; increase convenience and speed in obtaining information 
or services; reduce costs in providing information about Government 
services and administering programs; reduce the amount of paperwork; 
and expand the possibilities of reaching new sectors of the community 
or offering new programs or services. Many States and localities have 
begun to improve the accessibility of portions of their Web sites. 
However, full compliance with the ADA's promise to provide an equal 
opportunity for individuals with disabilities to participate in and 
benefit from all aspects of the programs, services, and activities 
provided by State and local governments in today's technologically 
advanced society will only occur if it is clear to public entities that 
their Web sites must be accessible. Consequently, the Department 
intends to publish a Notice of Proposed Rulemaking (NPRM) to amend its 
title II regulations to

[[Page 37331]]

expressly address the obligations of public entities to make the Web 
sites they use to provide programs, activities, or services or 
information to the public accessible to and usable by individuals with 
disabilities under the legal framework established by the ADA. The 
proposed regulation will propose the scope of the obligation to provide 
accessibility when persons with disabilities access public Web sites, 
as well as propose the technical standards necessary to comply with the 
ADA.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   07/26/10  75 FR 43460
ANPRM Comment Period End............   01/21/11  .......................
Second ANPRM........................   05/00/16  .......................
Second ANPRM Comment Period End.....   08/00/16  .......................
NPRM................................   07/00/17  .......................
NPRM Comment Period End.............   09/00/17  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Rebecca B. Bond, Chief, Department of Justice, 
Civil Rights Division, Disability Rights Section, 950 Pennsylvania 
Avenue NW., Washington, DC 20530, Phone: 800 514-0301.
    RIN: 1190-AA65

DEPARTMENT OF JUSTICE (DOJ)

Civil Rights Division (CRT)

Final Rule Stage

181. Nondiscrimination on the Basis of Disability; Movie Captioning and 
Audio Description

    Legal Authority: 42 U.S.C. 12101, et seq.
    Abstract: Following its advance notice of proposed rulemaking 
published on July 26, 2010, the Department plans to publish a proposed 
rule addressing the requirements for captioning and video description 
of movies exhibited in movie theatres under title III of the Americans 
with Disabilities Act of 1990 (ADA). Title III prohibits discrimination 
on the basis of disability in the activities of places of public 
accommodation (private entities whose operations affect commerce and 
that fall into one of twelve categories listed in the ADA). 42 U.S.C. 
12181-12189. Title III makes it unlawful for places of public 
accommodation, such as movie theaters, to discriminate against 
individuals with disabilities in the full and equal enjoyment of the 
goods, services, facilities, privileges, advantages, or accommodations 
of a place of public accommodation (42 U.S.C. 12182[a]). Moreover, 
title III prohibits places of public accommodation from affording an 
unequal or lesser service to individuals or classes of individuals with 
disabilities than is offered to other individuals (42 U.S.C. 
12182(b)(1)(A)(ii)). Title III requires places of public accommodation 
to take ``such steps as may be necessary to ensure that no individual 
with a disability is excluded, denied services, segregated or otherwise 
treated differently because of the absence of auxiliary aids and 
services, such as captioning and video description, unless the entity 
can demonstrate that taking such steps would fundamentally alter the 
nature of the good, service, facility, privilege, advantage, or 
accommodation being offered or would result in an undue burden,'' (42 
U.S.C. 12182(b)(2)(A)(iii)).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   07/26/10  75 FR 43467
ANPRM Comment Period End............   01/24/11  .......................
NPRM................................   08/01/14  79 FR 44975
NPRM Comment Period Extended........   09/08/14  79 FR 53146
NPRM Comment Period End.............   09/30/14  .......................
NPRM Extended Comment Period End....   12/01/14  .......................
Final Action........................   07/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Rebecca B. Bond, Chief, Department of Justice, 
Civil Rights Division, Disability Rights Section, 950 Pennsylvania 
Avenue NW., Washington, DC 20530, Phone: 800 514-0301.
    RIN: 1190-AA63

[FR Doc. 2016-12909 Filed 6-8-16; 8:45 am]
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