81_FR_37441 81 FR 37330 - Regulatory Agenda

81 FR 37330 - Regulatory Agenda

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 111 (June 9, 2016)

Page Range37330-37331
FR Document2016-12909

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).

Federal Register, Volume 81 Issue 111 (Thursday, June 9, 2016)
[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Unknown Section]
[Pages 37330-37331]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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:

------------------------------------------------------------------------
               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]
BILLING CODE 4410-BP-P



                                                  37330                         Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda

                                                  DEPARTMENT OF JUSTICE                                       FOR FURTHER INFORMATION CONTACT:                          (1) Rules that are in the Agency’s
                                                                                                              Robert Hinchman, Senior Counsel,                       regulatory flexibility agenda, in
                                                  8 CFR Ch. V                                                 Office of Legal Policy, Department of                  accordance with the Regulatory
                                                                                                              Justice, Room 4252, 950 Pennsylvania                   Flexibility Act, because they are likely
                                                  21 CFR Ch. I                                                Avenue NW., Washington, DC 20530,                      to have a significant economic impact
                                                                                                              (202) 514–8059.                                        on a substantial number of small
                                                  27 CFR Ch. II                                                                                                      entities; and
                                                                                                              SUPPLEMENTARY INFORMATION:      Beginning                 (2) any rules that the Agency has
                                                  28 CFR Ch. I, V                                             with the fall 2007 edition, the Internet               identified for periodic review under
                                                                                                              has been the basic means for                           section 610 of the Regulatory Flexibility
                                                  Regulatory Agenda                                           disseminating the Unified Agenda. The                  Act.
                                                                                                              complete Unified Agenda will be                           Printing of these entries is limited to
                                                  AGENCY:      Department of Justice.                         available online at www.reginfo.gov in a               fields that contain information required
                                                                                                              format that offers users a greatly                     by the Regulatory Flexibility Act’s
                                                  ACTION:     Semiannual regulatory agenda.
                                                                                                              enhanced ability to obtain information                 Agenda requirements. Additional
                                                                                                              from the Agenda database.                              information on these entries is available
                                                  SUMMARY:  The Department of Justice is
                                                  publishing its spring 2016 regulatory                          Because publication in the Federal                  in the Unified Agenda published on the
                                                  agenda pursuant to Executive Order                          Register is mandated for the regulatory                Internet.
                                                  12866, ‘‘Regulatory Planning and                            flexibility agendas required by the                      Dated: March 24, 2016.
                                                  Review,’’ 58 FR 51735, and the                              Regulatory Flexibility Act (5 U.S.C. 602),             Jonathan J. Wroblewski,
                                                  Regulatory Flexibility Act, 5 U.S.C. 601                    the Department of Justice’s printed                    Principal Deputy Assistant Attorney General,
                                                  to 612 (1988).                                              agenda entries include only:                           Office of Legal Policy.

                                                                                                             CIVIL RIGHTS DIVISION—PRERULE STAGE
                                                                                                                                                                                                       Regulation
                                                    Sequence No.                                                                      Title                                                           Identifier No.

                                                  180 ....................   Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and                    1190–AA65
                                                                               Local Governments.


                                                                                                           CIVIL RIGHTS DIVISION—FINAL RULE STAGE
                                                                                                                                                                                                       Regulation
                                                    Sequence No.                                                                      Title                                                           Identifier No.

                                                  181 ....................   Nondiscrimination on the Basis of Disability; Movie Captioning and Audio Description .................................      1190–AA63



                                                  DEPARTMENT OF JUSTICE (DOJ)                                 AA65. This rulemaking will provide                     These Government Web sites are
                                                                                                              specific guidance to State and local                   important because they allow programs
                                                  Civil Rights Division (CRT)
                                                                                                              governments in order to make services,                 and services to be offered in a more
                                                  Prerule Stage                                               programs, or activities offered to the                 dynamic, interactive way in order to
                                                  180. Nondiscrimination on the Basis of                      public via the Web accessible to                       increase citizen participation; increase
                                                  Disability: Accessibility of Web                            individuals with disabilities. The ADA                 convenience and speed in obtaining
                                                  Information and Services of State and                       requires that State and local                          information or services; reduce costs in
                                                  Local Governments                                           governments provide qualified                          providing information about
                                                                                                              individuals with disabilities equal                    Government services and administering
                                                     Legal Authority: 42 U.S.C. 12101 et                      access to their programs, services, or                 programs; reduce the amount of
                                                  seq.                                                        activities unless doing so would                       paperwork; and expand the possibilities
                                                     Abstract: The Department published                       fundamentally alter the nature of their                of reaching new sectors of the
                                                  an ANPRM on July 26, 2010, RIN 1190–                        programs, services, or activities or                   community or offering new programs or
                                                  AA61, that addressed issues relating to                     would impose an undue burden. 42.                      services. Many States and localities
                                                  proposed revisions of both the title II                     U.S.C. 12132. The Internet as it is                    have begun to improve the accessibility
                                                  and title III ADA regulations in order to                   known today did not exist when                         of portions of their Web sites. However,
                                                  provide guidance on the obligations of                      Congress enacted the ADA; yet today                    full compliance with the ADA’s promise
                                                  covered entities to make programs,                          the Internet is dramatically changing the              to provide an equal opportunity for
                                                  services and activities offered over the                    way that governmental entities serve the               individuals with disabilities to
                                                  Web accessible to individuals with                          public. Taking advantage of new                        participate in and benefit from all
                                                  disabilities. The Department has now                        technology, citizens can now use State                 aspects of the programs, services, and
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                                  divided the rulemakings in the next step                    and local government Web sites to                      activities provided by State and local
                                                  of the rulemaking process so as to                          correspond online with local officials;                governments in today’s technologically
                                                  proceed with separate notices of                            obtain information about government                    advanced society will only occur if it is
                                                  proposed rulemakings for title II and                       services; renew library books or driver’s              clear to public entities that their Web
                                                  title III. The title III rulemaking on Web                  licenses; pay fines; register to vote;                 sites must be accessible. Consequently,
                                                  accessibility will continue under RIN                       obtain tax information and file tax                    the Department intends to publish a
                                                  1190–AA61 and the title II rulemaking                       returns; apply for jobs or benefits; and               Notice of Proposed Rulemaking (NPRM)
                                                  will continue under the new RIN 1190–                       complete numerous other civic tasks.                   to amend its title II regulations to


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                                                                             Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda                                                  37331

                                                  expressly address the obligations of                      DEPARTMENT OF JUSTICE (DOJ)                            ensure that no individual with a
                                                  public entities to make the Web sites                                                                            disability is excluded, denied services,
                                                                                                            Civil Rights Division (CRT)
                                                  they use to provide programs, activities,                                                                        segregated or otherwise treated
                                                  or services or information to the public                  Final Rule Stage                                       differently because of the absence of
                                                  accessible to and usable by individuals                   181. Nondiscrimination on the Basis of                 auxiliary aids and services, such as
                                                  with disabilities under the legal                         Disability; Movie Captioning and Audio                 captioning and video description,
                                                  framework established by the ADA. The                     Description                                            unless the entity can demonstrate that
                                                  proposed regulation will propose the                                                                             taking such steps would fundamentally
                                                                                                               Legal Authority: 42 U.S.C. 12101, et                alter the nature of the good, service,
                                                  scope of the obligation to provide                        seq.
                                                  accessibility when persons with                                                                                  facility, privilege, advantage, or
                                                                                                               Abstract: Following its advance notice              accommodation being offered or would
                                                  disabilities access public Web sites, as                  of proposed rulemaking published on
                                                  well as propose the technical standards                                                                          result in an undue burden,’’ (42 U.S.C.
                                                                                                            July 26, 2010, the Department plans to                 12182(b)(2)(A)(iii)).
                                                  necessary to comply with the ADA.                         publish a proposed rule addressing the
                                                                                                                                                                      Timetable:
                                                     Timetable:                                             requirements for captioning and video
                                                                                                            description of movies exhibited in                              Action            Date        FR Cite
                                                         Action               Date           FR Cite        movie theatres under title III of the
                                                                                                            Americans with Disabilities Act of 1990                ANPRM ...............     07/26/10   75 FR 43467
                                                  ANPRM ...............     07/26/10      75 FR 43460       (ADA). Title III prohibits discrimination              ANPRM Comment             01/24/11
                                                  ANPRM Comment             01/21/11                        on the basis of disability in the activities             Period End.
                                                    Period End.                                             of places of public accommodation                      NPRM ..................   08/01/14   79 FR 44975
                                                  Second ANPRM ..           05/00/16                        (private entities whose operations affect              NPRM Comment              09/08/14   79 FR 53146
                                                  Second ANPRM              08/00/16                        commerce and that fall into one of                       Period Ex-
                                                    Comment Pe-                                             twelve categories listed in the ADA). 42                 tended.
                                                    riod End.                                                                                                      NPRM Comment              09/30/14
                                                                                                            U.S.C. 12181–12189. Title III makes it
                                                  NPRM ..................   07/00/17                                                                                 Period End.
                                                                                                            unlawful for places of public                          NPRM Extended             12/01/14
                                                  NPRM Comment              09/00/17                        accommodation, such as movie theaters,
                                                    Period End.                                                                                                      Comment Pe-
                                                                                                            to discriminate against individuals with                 riod End.
                                                                                                            disabilities in the full and equal                     Final Action .........    07/00/16
                                                    Regulatory Flexibility Analysis                         enjoyment of the goods, services,
                                                  Required: Yes.                                            facilities, privileges, advantages, or                   Regulatory Flexibility Analysis
                                                    Agency Contact: Rebecca B. Bond,                        accommodations of a place of public                    Required: Yes.
                                                  Chief, Department of Justice, Civil                       accommodation (42 U.S.C. 12182[a]).                      Agency Contact: Rebecca B. Bond,
                                                  Rights Division, Disability Rights                        Moreover, title III prohibits places of                Chief, Department of Justice, Civil
                                                  Section, 950 Pennsylvania Avenue NW.,                     public accommodation from affording                    Rights Division, Disability Rights
                                                                                                            an unequal or lesser service to                        Section, 950 Pennsylvania Avenue NW.,
                                                  Washington, DC 20530, Phone: 800 514–
                                                                                                            individuals or classes of individuals
                                                  0301.                                                                                                            Washington, DC 20530, Phone: 800 514–
                                                                                                            with disabilities than is offered to other
                                                    RIN: 1190–AA65                                                                                                 0301.
                                                                                                            individuals (42 U.S.C.
                                                                                                            12182(b)(1)(A)(ii)). Title III requires                  RIN: 1190–AA63
                                                                                                            places of public accommodation to take                 [FR Doc. 2016–12909 Filed 6–8–16; 8:45 am]
                                                                                                            ‘‘such steps as may be necessary to                    BILLING CODE 4410–BP–P
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Document Created: 2018-02-08 07:33:49
Document Modified: 2018-02-08 07:33:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionUnknown Section
ActionSemiannual regulatory agenda.
ContactRobert Hinchman, Senior Counsel, Office of Legal Policy, Department of Justice, Room 4252, 950 Pennsylvania Avenue NW., Washington, DC 20530, (202) 514-8059.
FR Citation81 FR 37330 
CFR Citation21
Title 21 CFR Chapter I
27
Title 27 CFR Chapter II
28
Title 28 CFR Chapter I
8
Title 8 CFR Chapter V

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