The approach in §35.138(f)(1) allows for the release of unsold accessible seating once standard seats in the facility have been sold. (Luxury boxes, club boxes, or suites are not...
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Facility sell-out. (Section-by-Section Analysis)
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Group ticket sales. (Section-by-Section Analysis)
Group ticket sales present another area in which the Department believes additional regulatory guidance is appropriate. The purpose of the proposed rule at § 35.138(i)(2) is to...
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Miniature Golf Courses (Section-by-Section Analysis)
The Department proposes to adopt the requirements for miniature golf courses in the 2004 ADAAG. However, it requests public comment on a suggested change to the requirement for...
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Hospital and healthcare settings. (Section-by-Section Analysis)
Public entities, including public hospitals, must modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. 28 CFR...
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Captioning at sporting venues. (Section-by-Section Analysis)
The Department is aware that individuals who are deaf or hard of hearing have expressed concerns that they are unaware of information that is provided over the public address...
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Exclusion of service animals. (Section-by-Section Analysis)
Exclusion of service animals. The 1991 regulatory provision in § 36.302(c) addresses reasonable modification and remains unchanged in the final rule. However, based on comments...
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Multiple chemical sensitivities. (Section-by-Section Analysis)
Multiple chemical sensitivities. The Department received comments from a number of individuals asking the Department to add specific language to the final rule addressing the needs...
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Historic preservation programs (Section-by-Section Analysis)
"Historic preservation programs" and "Historic properties" are defined in order to aid in the interpretation of §§ 35.150(a)(2) and (b)(2), which relate to accessibility of historic...
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Assistant Attorney General (Section-by-Section Analysis)
"Assistant Attorney General." The term "Assistant Attorney General" refers to the Assistant Attorney General of the Civil Rights Division of the Department of Justice.
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Size or weight limitations. (Section-by-Section Analysis)
Size or weight limitations. The vast majority of commenters did not support a size or weight limitation. Commenters were typically opposed to a size or weight limit because many...
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Accessible golf cars. (Section-by-Section Analysis)
Accessible golf cars. An accessible golf car means a device that is designed and manufactured to be driven on all areas of a golf course, is independently usable by individuals with...
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§35.130(b)(5) (Section-by-Section Analysis)
Paragraph (b)(5) prohibits the public entity, in the selection of procurement contractors, from using criteria that subject qualified individuals with disabilities to discrimination...
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E103.4 Audio Description (Section-by-Section Analysis)
The term “audio description” is used in existing 508 Standards § 1194.24(d) but not defined. We would add a definition derived from WCAG 2.0, which would in part explain that “audio...
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§35.130(b)(4) (Section-by-Section Analysis)
Paragraph (b)(4) specifically applies the prohibition enunciated in §35.130(b)(3) to the process of selecting sites for construction of new facilities or selecting existing...
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Chapter 5: Software (Section-by-Section Analysis)
Chapter 5 contains proposed technical requirements for software, applications, platforms, and software tools. The requirements in this chapter, along with the scoping provisions in...
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Exclusion of service animals. (Section-by-Section Analysis)
Exclusion of service animals. In the NPRM, the Department proposed incorporating the title III regulatory language of § 36.302(c) into new § 35.136(a), which states that...
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Alternate methods (Preamble, Section-by-Section Analysis)
Alternate methods. The proposed rule used the term "alternate modes" which was defined as different means of providing information to users of products, including product...
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Operable controls (Preamble, Section-by-Section Analysis)
Operable controls. The proposed rule defined operable controls as those components of a product that require physical contact for normal operation of the device. Examples of operable...
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Accessible golf cars (Section-by-Section Analysis)
Accessible golf cars. An accessible golf car means a device that is designed and manufactured to be driven on all areas of a golf course, is independently usable by individuals with...
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Multiple chemical sensitivities. (Section-by-Section Analysis)
Multiple chemical sensitivities. The Department received comments from a number of individuals asking the Department to add specific language to the final rule addressing the needs...
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Size or weight limitations. (Section-by-Section Analysis)
Size or weight limitations. The vast majority of commenters did not support a size or weight limitation. Commenters were typically opposed to a size or weight limit because many...
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8. May a public school require an individual with a hearing, vision, or speech disability to bring another person to interpret or facilitate communication, or to rely on a person who accompanies an individual with such a disability?
makes the request, an accompanying adult may interpret or facilitate communication if the accompanying adult voluntarily agrees to provide the assistance and the school’s reliance on the...
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Introduction of new § 35.152 for detention and correctional facilities. (Section-by-Section Analysis)
complaints received by the Department from inmates, and the Department's own experience with detention and correctional facilities, the Department is proposing regulatory language in a new section...
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Section 35.151(j) Residential housing for sale to individual owners
See 2004 ADAAG Section 233.3....