82 FR 60932 - Nondiscrimination on the Basis of Disability; Notice of Withdrawal of Four Previously Announced Rulemaking Actions

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 246 (December 26, 2017)

Page Range		60932-60933
FR Document		2017-27510

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.

Federal Register, Volume 82 Issue 246 (Tuesday, December 26, 2017)

[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Proposed Rules]
[Pages 60932-60933]
From the Federal Register Online  [www.thefederalregister.org]
[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are formally withdrawn.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]
 BILLING CODE 4410-13-P

Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Proposed Rules 60933

36.406(b), there are currently no specific future course of action, nor does it Section 110 of the Act. EPA is also
provisions in the ADA regulations that constitute an interpretation of existing proposing to approve a SIP revision to
include standards governing the law. Should the Department decide to update the New Mexico statutes
accessibility of equipment and furniture undertake rulemaking in the future, the incorporated into the SIP.
that are not fixed. The Department has Department will publish new DATES: Written comments must be
not published any rulemaking rulemaking actions and provide new received on or before January 25, 2018.
document regarding non-fixed opportunities for public comment. ADDRESSES: Submit your comments,
equipment and furniture since the 2010 Furthermore, this notification only identified by Docket No. EPA–R06–
ANPRM. addresses the specific ANPRMs OAR–2015–0850, at http://
The Department is reevaluating identified in this document, and does www.regulations.gov or via email to
whether regulation of the accessibility not address any other pending proposals fuerst.sherry@epa.gov. Follow the
of non-fixed equipment and furniture is that the Department has issued or is online instructions for submitting
necessary and appropriate. Accordingly, considering. comments. Once submitted, comments
the Department is withdrawing the cannot be edited or removed from
Dated: December 15, 2017.
previously announced ANPRM entitled Regulations.gov. The EPA may publish
‘‘Nondiscrimination on the Basis of John M. Gore,
Acting Assistant Attorney General, Civil any comment received to its public
Disability by State and Local
Rights Division. docket. Do not submit electronically any
Governments and Places of Public
[FR Doc. 2017–27510 Filed 12–22–17; 8:45 am] information you consider to be
Accommodation; Equipment and
Confidential Business Information (CBI)
Furniture’’ (RIN 1190–AA64) (75 FR BILLING CODE 4410–13–P
or other information whose disclosure is
43452).
restricted by statute. Multimedia
C. Next Generation 9–1–1 submissions (audio, video, etc.) must be
ENVIRONMENTAL PROTECTION
On July 26, 2010, the Department accompanied by a written comment.
AGENCY
published an ANPRM announcing the The written comment is considered the
Department’s intention to consider a 40 CFR Part 52 official comment and should include
rule to revise the ADA title II regulation discussion of all points you wish to
[EPA–R06–OAR–2015–0850; FRL–9971– make. The EPA will generally not
to address how Public Safety Answering 17—Region 6]
Points, which provide 9–1–1 services at consider comments or comment
the local level, can shift from analog Approval and Promulgation of Air contents located outside of the primary
telecommunications technology to new Quality Implementation Plans; New submission (i.e. on the web, cloud, or
internet-Protocol-enabled Next Mexico; Infrastructure and Interstate other file sharing system). For
Generation 9–1–1 (NG 9–1–1) services Transport for the 2012 Fine Particulate additional submission methods, please
that will provide voice and data (such Matter National Ambient Air Quality contact Sherry Fuerst, (214) 665–6454,
as text, pictures, and video) capabilities. Standard and Revised Statutes fuerst.sherry@epa.gov. For the full EPA
75 FR 43446. The Department has not public comment policy, information
published any rulemaking document AGENCY: Environmental Protection about CBI or multimedia submissions,
regarding NG 9–1–1 since the 2010 Agency (EPA). and general guidance on making
ANPRM. ACTION: Proposed rule. effective comments, please visit http://
The Department is evaluating how www2.epa.gov/dockets/commenting-
best to address the accessibility of NG SUMMARY: The Environmental Protection epa-dockets.
9–1–1 services in light of changing Agency (EPA) is proposing to approve Docket: The index to the docket for
circumstances. With the increased State Implementation Plan (SIP) this action is available electronically at
adoption of NG 9–1–1, the Department revisions submitted by the State of New www.regulations.gov and in hard copy
is evaluating whether regulatory action Mexico to address the requirements of at EPA Region 6, 1445 Ross Avenue,
is necessary and appropriate to promote section 110(a)(1) and (2) of the Clean Air Suite 700, Dallas, Texas. While all
the increased availability of text to 9–1– Act (CAA or Act) for 2012 fine documents in the docket are listed in
1 services to improve access for people particulate matter (PM2.5) National the index, some information may be
with communication disabilities. Ambient Air Quality Standard publicly available only at the hard copy
Accordingly, the Department is (NAAQS). The revisions address how location (e.g., copyrighted material), and
withdrawing the previously announced the existing SIP provides for some may not be publicly available at
ANPRM entitled ‘‘Nondiscrimination on implementation, maintenance, and either location (e.g., CBI)
the Basis of Disability in State and Local enforcement of PM2.5 (infrastructure SIP FOR FURTHER INFORMATION CONTACT:
Government Services; Accessibility of or i-SIP). Under CAA sections 110(a)(1) Sherry Fuerst, (214) 665–6454,
Next Generation 9–1–1’’ (RIN 1190– and 110(a)(2), each state is required to fuerst.sherry@epa.gov. To inspect the
AA62) (75 FR 43446). submit a SIP that provides for the hard copy materials, please schedule an
implementation, maintenance, and appointment with her or Bill Deese at
Conclusion enforcement of a revised primary or (214) 665–7253.
In consideration of the foregoing, the secondary NAAQS. CAA section SUPPLEMENTARY INFORMATION:
Department announces the withdrawal 110(a)(1) and (2) require each state to Throughout this document ‘‘we,’’ ‘‘us,’’
of the four above-named ANPRMs. Such make a new SIP submission within or ‘‘our’’ mean EPA.
ethrower on DSK3G9T082PROD with PROPOSALS

ANPRMs had no force or effect of law, three years after EPA promulgates a new
and no party should rely upon them as or revised NAAQS for approval into the I. Background
presenting the Department of Justice’s existing SIP to assure that the SIP meets On December 14, 2012 we
position on these issues. This the applicable requirements for such promulgated a revised primary annual
notification does not preclude the new and revised NAAQS. This type of PM2.5 NAAQS of 12.0 mg/m3 (78 FR
Department from issuing other SIP submission is commonly referred to 3085, January 15,2013), and we retained
documents on these subjects in the as an ‘‘infrastructure SIP or ‘‘i-SIP.’’ We the primary 24-hour PM2.5 standard of
future or commit the Department to any propose approval of this action under 35 mg/m3 and the secondary standards.

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Document Created: 2017-12-23 03:08:53
Document Modified: 2017-12-23 03:08:53

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of withdrawal.
Dates		As of December 26, 2017, these four previously announced ANPRMs are formally withdrawn.
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).
FR Citation		82 FR 60932
RIN Number		1190-AA61, 1190-AA62, 1190-AA64 and 1190-AA65
CFR Citation		28 CFR 35 28 CFR 36