Of note, there are two provisions in the existing 255 Guidelines which the Board proposes to not include in the proposed rule: §§ 1193.41(i) and 1193.51(d)....
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C. 255 Guidelines: Application and Scoping (Section-by-Section Analysis)
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E101.4 Units of Measurement (Section-by-Section Analysis)
This proposed section is new to the 508 Standards and would clarify dimensions stated in the text of the proposed rule....
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35. Must an employer withhold discipline or termination of an employee who, because of a disability, violated a conduct rule that is job-related for the position in question and consistent with business necessity?
An employer never has to excuse a violation of a uniformly applied conduct rule that is job-related and consistent with business necessity....
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M307 Operable Parts (Section-by-Section Analysis)
M307 in the final rule provides the technical criteria for operable parts used by patients to activate, deactivate, or adjust the diagnostic equipment....
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Accessible Parking Space Width
The proposed rule specified that car and van spaces be at least 8 feet wide and that access aisles be at least 5 feet wide for car spaces and at least 8 feet wide for van spaces....
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SUPPLEMENTARY INFORMATION:
This rule makes final a variety of changes to the Department's ADA rules based on a notice of proposed rulemaking (NPRM) issued February 27, 2006 (71 FR 9761) and the over 360 comments to...
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Homeless Shelters (Preamble, Section-by-Section Analysis)
- The proposed rule reserved the provisions on alterations to homeless shelters....
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§ 36.406(a)(2)
(2) New construction and alterations subject to this part shall comply with the proposed standards if physical construction of the property commences on or after [date six months after the...
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Homeless Shelters (Section-By-Section Analysis and Response to Comments)
- The proposed rule reserved the provisions on alterations to homeless shelters....
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Sections 35.108(g) and 36.105(g)—Exclusions
Sections 35.108(g) and 36.105(g)—Exclusions The NPRM did not propose changes to the text of the existing exclusions contained in paragraph (5) of the definition of ‘‘disability’’ in the...
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M304.2.2 Standing Supports (Section-by-Section Analysis)
The MDE NPRM proposed requiring standing supports on each side of the standing surface of diagnostic equipment used by patients in the standing position, and compliance with the technical...
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T602 Wheelchair Spaces
Under the final rule, as with the existing guidelines, one full unobstructed side of each wheelchair space must adjoin or overlap a passenger access route. See T602.3....
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M306.1 General (Section-by-Section Analysis)
the following methods: audible, visible, or tactile (proposed M306.1)....
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M303.2.4 Equipment Clearances (Section-by-Section Analysis)
The proposed rule provided one additional requirement for breast platforms on mammography equipment, proposing the knee and toe clearance under a breast platform to be 25 inches deep (proposed...
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D. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act does not apply to proposed or final rules that enforce constitutional rights of individuals or enforce statutory rights that prohibit discrimination on the...
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Self contained, closed products (Preamble, Section-by-Section Analysis)
This term was not used in the proposed rule and is provided in the final rule as a result of the reorganization of the standards....
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Other Information for Individuals with Hearing or Vision Impairments
Based on the comments, we have made several changes to the proposal in the final rule....
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Section 610 Review
complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules...
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Section 610 Review
complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules...
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Section 36.303(g)(7) Compliance Date for Providing Captioning and Audio Description
In the NPRM, the Department proposed at § 36.303(g)(4)(i) that all movie theaters with auditoriums displaying digital movies must comply with the requirements of the rule within 6 months...
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410.6 Real-Time Text Functionality (Section-by-Section Analysis)
Importantly, proposed 410.6 would not mandate that all ICT provide RTT functionality....
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Water Coolers
The proposed rule scoped both drinking fountains and water coolers....
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Other Definitions
These rules define certain terms, such as “disability,” “auxiliary aids” and “service animals,” differently from the existing definitions in part 37....
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Ticket distribution methods. (Section-by-Section Analysis)
Section 36.302(f)(1) states the general rule that a public accommodation shall modify its policies, practices, and procedures to ensure that individuals with disabilities can purchase single...