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On September 15, 2010, the Department published a final rule revising its regulations implementing title II of the Americans With Disabilities Act (ADA) (75 FR 56164) to adopt enforceable accessibility standards under the ADA that were consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board (Access Board) and to update or amend certain provisions of the title II regulation so that they comported with the Department’s legal and practical experiences in enforcing the ADA since 1991.  Title II of the ADA relates to nondiscrimination on the basis of disability in State and local government services.

Section 610 of the Regulatory Flexibility Act (5 U.S.C. 610) requires agencies once every 10 years to review rules that have a significant economic impact upon a substantial number of small entities.  Accordingly, pursuant to the requirements of section 610, the Department is planning to publish a Notice of Proposed Rulemaking (NPRM) to review its ADA title II regulations at 28 CFR 35.