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Statement of Need: Many people with disabilities use "assistive technology" to enable them to use computers and access the Internet. Individuals who are blind or have low vision who cannot see computer monitors may use screen readers-devices that speak the text that would normally appear on a monitor. People who have difficulty using a computer mouse can use voice recognition software to control their computers with verbal commands. People with other types of disabilities may use still other kinds of assistive technology. New and innovative assistive technologies are being introduced every day. Websites that do not accommodate assistive technology, for example, can create unnecessary barriers for people with disabilities, just as buildings not designed to accommodate individuals with disabilities can prevent some individuals from entering and accessing services. Web designers may not realize how simple features built into a website will assist someone who, for instance, cannot see a computer monitor or use a mouse. In addition, in many cases, these websites do not provide captioning for videos or live events streamed over the web, leaving persons who are deaf or hard of hearing unable to access the information that is being provided Although the Department has been clear that the ADA applies to websites of private entities that meet the definition of "public accommodations," inconsistent court decisions, differing standards for determining web accessibility, and repeated calls for Department action indicate remaining uncertainty regarding the applicability of the ADA to websites of entities covered by title III. For these reasons, the Department plans to propose to amendments to its regulation so as to make clear to entities covered by the ADA their obligations to make their websites accessible. Despite the need for action, the Department appreciates the need to move forward deliberatively. Any regulations the Department adopts must provide specific guidance to help ensure web access to individuals with disabilities without hampering innovation and technological advancement on the Web.

Summary of the Legal Basis: The ADA requires that public accommodations provide individuals with full and equal enjoyment of their goods, services, facilities, privileges, advantages, and accommodations. 42. U.S.C. 12182. Increasingly, private entities of all types are providing goods and services to the public through websites that operate as places of public accommodation under title III of the ADA.

Alternatives: The Department intends to consider various alternatives for ensuring full access to websites of public accommodations and will solicit public comment addressing these alternatives.

Anticipated Costs and Benefits: The Department anticipates that this rule will be "economically significant." The Department believes that revising its title III rule to clarify the obligations of public accommodations to provide accessible websites will significantly increase the opportunities of individuals with disabilities to access the variety of goods and services public accommodations offer on the web, while increasing the number of customers that access the websites to procure the goods and service offered by these public accommodations. In drafting this NPRM, the Department will attempt to minimize the compliance costs to public accommodations, while ensuring the benefits of compliance to persons with disabilities.

Risks: If the Department does not revise its ADA title III regulations to address website accessibility, persons with disabilities will continue to be unable to access the many goods and services of public accommodations available on the web to individuals without disabilities.