[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Proposed Rules]
[Pages 60932-60933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27510]
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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.
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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are formally withdrawn.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 non-fixed 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
[[Page 60933]]
36.406(b), there are currently no specific provisions in the ADA
regulations that include standards governing the accessibility of
equipment and furniture that are not fixed. The Department has not
published any rulemaking document regarding non-fixed equipment and
furniture since the 2010 ANPRM.
The Department is reevaluating whether regulation of the
accessibility of non-fixed equipment and furniture is necessary and
appropriate. Accordingly, the Department is withdrawing the previously
announced ANPRM entitled ``Nondiscrimination on the Basis of Disability
by State and Local Governments and Places of Public Accommodation;
Equipment and Furniture'' (RIN 1190-AA64) (75 FR 43452).
C. Next Generation 9-1-1
On July 26, 2010, the Department published an ANPRM announcing the
Department's intention to consider a rule to revise the ADA title II
regulation to address how Public Safety Answering Points, which provide
9-1-1 services at the local level, can shift from analog
telecommunications technology to new internet-Protocol-enabled Next
Generation 9-1-1 (NG 9-1-1) services that will provide voice and data
(such as text, pictures, and video) capabilities. 75 FR 43446. The
Department has not published any rulemaking document regarding NG 9-1-1
since the 2010 ANPRM.
The Department is evaluating how best to address the accessibility
of NG 9-1-1 services in light of changing circumstances. With the
increased adoption of NG 9-1-1, the Department is evaluating whether
regulatory action is necessary and appropriate to promote the increased
availability of text to 9-1-1 services to improve access for people
with communication disabilities. Accordingly, the Department is
withdrawing the previously announced ANPRM entitled ``Nondiscrimination
on the Basis of Disability in State and Local Government Services;
Accessibility of Next Generation 9-1-1'' (RIN 1190-AA62) (75 FR 43446).
Conclusion
In consideration of the foregoing, the Department announces the
withdrawal of the four above-named ANPRMs. Such ANPRMs had no force or
effect of law, and no party should rely upon them as presenting the
Department of Justice's position on these issues. This notification
does not preclude the Department from issuing other documents on these
subjects in the future or commit the Department to any future course of
action, nor does it constitute an interpretation of existing law.
Should the Department decide to undertake rulemaking in the future, the
Department will publish new rulemaking actions and provide new
opportunities for public comment. Furthermore, this notification only
addresses the specific ANPRMs identified in this document, and does not
address any other pending proposals that the Department has issued or
is considering.
Dated: December 15, 2017.
John M. Gore,
Acting Assistant Attorney General, Civil Rights Division.
[FR Doc. 2017-27510 Filed 12-22-17; 8:45 am]
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