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They also asked for clarification on some issues in the 1991 regulations, such as the requirements regarding service animals.
The ADA also requires newly designed and constructed or altered State and local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities. These amendments to the 1991 ADAAG have not been adopted previously by the Department as ADA Standards.
12186(c), but vests in the Attorney General sole responsibility for the promulgation of those standards that fall within the Department's jurisdiction and for enforcement of the regulations. Section 204(a) of the ADA directs the Attorney General to issue regulations implementing part A of title II but exempts matters within the scope of the authority of the Secretary of Transportation under section 223, 229, or 244. Chapters 3 through 10 provide uniform technical specifications for facilities subject to either the ADA or ABA.
ABA Chapter 1 and ABA Chapter 2 provide scoping requirements for facilities subject to the ABA (, facilities designed, built, altered, or leased with Federal funds).
Title II, which this rule addresses, applies to State and local government entities, and, in subtitle A, protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, and activities provided by State and local government entities. 794, to all activities of State and local governments regardless of whether these entities receive Federal financial assistance. The Department is also amending its title III regulation, which prohibits discrimination on the basis of disability by public accommodations and in commercial facilities, concurrently with the publication of this rule in this issue of the Federal Register.
In support of this effort, the Department is amending its regulation implementing title II and is adopting standards consistent with ADA Chapter 1, ADA Chapter 2, and Chapters 3 through 10 of the 2004 ADA/ABA Guidelines, naming them the 2010 ADA Standards for Accessible Design.