Justice Dept Agenda: Regs Incoming, Shockingly Routine as Always
Published Date: 8/14/2026
Notice
Summary
The Department of Justice is publishing its 2026 Unified Agenda regulatory agenda pursuant to Executive Order 12866, "Regulatory Planning and Review," 58 FR 51735, and the Regulatory Flexibility Act, 5 U.S.C. 601 to 612 (1988).
Analyzed Economic Effects
4 provisions identified: 0 benefits, 0 costs, 4 mixed.
Delay and Reconsider Web Accessibility
The Department of Justice published a final rule on April 24, 2024, setting technical standards for State and local government websites and mobile apps under ADA title II. The Department is considering whether to extend the implementation deadlines for that rule and to publish a Notice of Proposed Rulemaking (NPRM) to reconsider whether some regulatory provisions could be made less burdensome.
10-Year Review of ADA Title II Rules
Under Section 610 of the Regulatory Flexibility Act, the Department plans to publish a Notice of Proposed Rulemaking to review its ADA title II regulations at 28 CFR 35, which govern nondiscrimination in State and local government services. Section 610 requires agencies to review rules once every 10 years because they may have significant economic impact on a substantial number of small entities.
10-Year Review of ADA Title III Rules
The Department plans to publish a Notice of Proposed Rulemaking to review its ADA title III regulations at 28 CFR 36, which govern nondiscrimination in public accommodations and commercial facilities. This Section 610 review is being done because these rules may have a significant economic impact on a substantial number of small entities.
Presumption of Compliance for Small Businesses
The Department is proposing to revise ADA title III regulations to establish specific criteria for when qualified small businesses are presumed to be in compliance with their obligation to remove 'readily achievable' barriers in existing facilities. The proposal would set rules for a rebuttable presumption of compliance for small businesses.
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Key Dates
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