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36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

Comment. Where public address systems are provided in transportation facilities to convey public information, a means of conveying the same or equivalent information to persons who are deaf or hard of hearing is required. In the proposed rule, the Board sought comment on whether additional provisions for an equivalent means of communication should be applied to other types of facilities (Question 45). The Board was specifically interested in how captioning can be associated with electronic scoreboards in stadiums to convey audible public announcements. People who are deaf or heard [sic] of hearing strongly urged that requirements for access to information conveyed through public address systems be applied to all types of facilities, not just transportation facilities.

Response. The Board considered adding a provision (included in the draft final rule) that would have required the visual display of audible pre-recorded or real-time messages where electronic signs are provided in stadiums, arenas, or grandstands. This provision would not have required provision of electronic signs, but instead would have specified that, where provided, they be used to display information to deaf or hard-of-hearing spectators provided audibly during an event. Since this requirement would have been more pertinent to facility operations than to facility design, the Board did not include it in the final rule. Providing "effective communications" is within the purview of the Department of Justice and is addressed in the Department’s title II and III regulations. See 28 CFR 35.160 and 28 CFR 36.203(c).

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