28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM (2008 Title III NPRM)

(b) The Assistant Attorney General--after consultation with the Architectural and Transportation Barriers Compliance Board and consideration of the materials and information submitted pursuant to this section, as well as information previously provided by the submitting official--shall issue either a certification of equivalency or a final determination to deny the request for certification.  The Assistant Attorney General shall publish notice of the certification of equivalency or denial of certification in the Federal Register.