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On September 15, 2010, the Department published a final rule revising its regulations implementing title III of the Americans With Disabilities Act (ADA) (75 FR 56236) that established requirements for the design and construction of accessible facilities that were consistent with the ADA Accessibility Guidelines (ADAAG) published by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board).  Title III of the ADA relates to nondiscrimination on the basis of disability in public accommodations and commercial facilities.

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 III regulations at 28 CFR 36.