Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities; Corrections, 13286-13288 [2011-5581]
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wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
13286
Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Rules and Regulations
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 selfmutilation, providing safety checks and
room searches, reminding the
individual to take medications, and
protecting the individual from injury
resulting from seizures or
unconsciousness.’’
■ 6. On page 56192, in the third column,
starting on line 7, remove the following
sentence: ‘‘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.’’
■ 7. On page 56193, in the first column,
starting on line 42, 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.’’
■ 8. On page 56195, in the second
column, starting on line 2, 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
VerDate Mar<15>2010
14:32 Mar 10, 2011
Jkt 223001
searches for individuals with PTSD,
interrupting self-mutilation, and
removing disoriented individuals from
dangerous situations.’’
■ 9. On page 56197, in the second
column, starting on line 69, 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 § 35.104’’ 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 § 35.104.’’
■ 10. On page 56214, in the second
column, in the fourth line from the
bottom, remove the words ‘‘or 3004’’ and
add in lieu thereof the words ‘‘of the
2004’’.
Dated: March 7, 2011.
Rosemary Hart,
Special Counsel.
[FR Doc. 2011–5580 Filed 3–10–11; 8:45 am]
BILLING CODE 4410–13–P
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
Department of Justice, Civil
Rights Division.
ACTION: Final rule; correction.
AGENCY:
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
SUMMARY:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
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, § 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
§ 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
E:\FR\FM\11MRR1.SGM
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Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Rules and Regulations
use of the word ‘‘handler’’ in the sectionby-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,
§ 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, inperson, 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
* * *.’’
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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:
■ 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 § 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 § 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,
VerDate Mar<15>2010
14:32 Mar 10, 2011
Jkt 223001
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:’’.
§ 36.104
[Corrected]
2. On page 56250, in the third column,
starting on line 41, in § 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.’’
■
§ 36.302
[Corrected]
3. On page 56251, in the third column,
starting on line 48, in § 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, inperson, or through a third party—’’
■
Appendix A to Part 36 [Corrected]
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.’’
■ 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 selfmutilation, 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 selfmutilation, providing safety checks and
room searches, reminding the
individual to take medications, and
protecting the individual from injury
resulting from seizures or
unconsciousness.’’
■ 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
■
PO 00000
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Fmt 4700
Sfmt 4700
13287
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.’’
■ 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.’’
■ 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.’’
■ 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 § 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 § 36.104.’’
E:\FR\FM\11MRR1.SGM
11MRR1
13288
Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Rules and Regulations
Dated: March 7, 2011.
Rosemary Hart,
Special Counsel.
[FR Doc. 2011–5581 Filed 3–10–11; 8:45 am]
BILLING CODE 4410–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0107]
Drawbridge Operation Regulation;
Intracoastal Waterway (ICW), Inside
Thorofare, Ventnor City, NJ
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, Fifth Coast
Guard District, has issued a temporary
deviation from the regulations
governing the operation of the Dorset
Avenue Bridge, across Inside Thorofare,
mile 72.1, at Ventnor City. The
deviation is necessary to facilitate
cleaning and painting operations of the
double-leaf bascule drawbridge. This
deviation allows restriction of the
operation of the draw span.
DATES: This deviation is effective from
7 a.m. on March 8, 2011 until 11:59 p.m.
on May 27, 2011.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2011–
0107 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0107 in the ‘‘Keyword’’ box
and then clicking ‘‘Search’’. They are
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Mr. Waverly W. Gregory, Jr.,
Bridge Administrator, Fifth District;
Coast Guard; telephone 757–398–6222,
e-mail Waverly.W.Gregory@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION: The
Dorset Avenue Bridge has a vertical
clearance in the closed position of 9 feet
above mean high water and 12 feet
above mean low water.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
SUMMARY:
VerDate Mar<15>2010
14:32 Mar 10, 2011
Jkt 223001
The drawbridge opens on signal
except that from June 1 through
September 30, from 9:15 a.m. to 9:15
p.m., the draw need only open at 15 and
45 minutes after the hour, as required by
33 CFR 117.733(g).
A.P. Construction, Inc., on behalf of
Atlantic County who owns and operates
this double-leaf bascule drawbridge, has
requested a temporary deviation from
the current operating regulations set out
in 33 CFR 117.733(g), to facilitate
cleaning and painting of the lift spans.
Under this temporary deviation, the
drawbridge will provide a partial
opening of the lift spans for vessels. The
cleaning and painting require
immobilizing half of the draw span to
single-leaf operation beginning at 7 a.m.
on Tuesday, March 8, 2011, until and
including 11:59 p.m. on Friday, May 27,
2011.
Consequently, passage under the
bridge will be limited to a 25-foot width
for the duration of the project.
The single-bascule leaf not under
repair will continue to open for vessels.
Prior to an opening of this singlebascule leaf, a work boat occupying the
channel underneath this span will also
be moved. Finally, the drawbridge will
open in the event of an emergency.
Bridge opening data, supplied by
Atlantic County and reviewed by the
U.S. Coast Guard, revealed vessel
openings of the draw span from March
2010 through May 2010. Specifically,
the bridge opened for vessels 8, 17, and
85 times during the months of March
2010 through May 2010, respectively.
Vessels that can pass under the bridge
without a full bridge opening may
continue to do so at anytime. Mariners
requiring the full opening of the lift
spans will be directed to use the
Atlantic Ocean as the alternate route.
The Coast Guard will inform the users
of the waterway through our Local and
Broadcast Notices to Mariners of the
closure periods for the bridge so that
vessels can arrange their transits to
minimize any impact caused by the
temporary deviation. In accordance with
33 CFR 117.35(e), the drawbridge must
return to its regular operating schedule
immediately at the end of the
designated time period. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: February 18, 2011.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth
Coast Guard District.
[FR Doc. 2011–5663 Filed 3–10–11; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
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Fmt 4700
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0093]
Drawbridge Operation Regulations;
Hackensack River, Secaucus, NJ
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the Upper Hack Bridge
at mile 6.9, across the Hackensack River,
at Secaucus, New Jersey. The deviation
is necessary to facilitate electrical
repairs. This deviation will allow the
bridge to remain in the closed position
for two days.
DATES: This deviation is effective from
4 a.m. on March 10, 2011 through 11
p.m. on March 11, 2011.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2011–
0093 and are available online at
https://www.regulations.gov, inserting
USCG–2011–0093 in the ‘‘Keyword’’ and
then clicking ‘‘Search’’. They are also
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Mr. Joe Arca, Project Officer,
First Coast Guard District, telephone
(212) 668–7165. If you have questions
on viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: The Upper
Hack Bridge, across the Hackensack
River at mile 6.9 has a vertical clearance
in the closed position of 8 feet at mean
high water and 13 feet at mean low
water. The existing drawbridge
operation regulations are listed at 33
CFR 117.723(d).
The waterway has commercial vessels
of various sizes.
The owner of the bridge, New Jersey
Transit, requested a temporary deviation
to facilitate electrical system
rehabilitation at the bridge.
Under this temporary deviation the
Upper Hack Bridge, mile 6.9, across the
Hackensack River may remain in the
SUMMARY:
E:\FR\FM\11MRR1.SGM
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]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 4410-13-P
