(Section-by-Section Analysis) Section 35.103 is derived from sections 501(a) and (b) of the ADA....
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§35.103 Relationship to other laws (Section-by-Section Analysis)
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382.19 May carriers refuse to provide transportation on the basis of disability?
carrier’s reason for excluding a passenger on the basis of safety is that the individual’s disability creates a safety problem, the carrier’s decision must be based on a “direct threat” analysis...
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1630.16(e)(2)(ii)
(ii) Is designed to protect the public health from individuals who pose a significant risk to the health or safety of others, where that risk cannot be eliminated by reasonable accommodation...
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§1630.16(e)(2)(ii)
(ii) Is designed to protect the public health from individuals who pose a significant risk to the health or safety of others, where that risk cannot be eliminated by reasonable accommodation...
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Costs to Provide Pedestrian Activated Signals at Roundabouts with Multi-Lane Pedestrian Street Crossings (Section-by-Section Analysis)
Costs to Provide Pedestrian Activated Signals at Roundabouts with Multi-Lane Pedestrian Street Crossings (Section-by-Section Analysis) The Volpe Center estimated the cost to provide pedestrian...
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Section 35.152 Detention and correctional facilities—program requirements (Section-by-Section Analysis)
Section 35.152 Detention and correctional facilities—program requirements (Section-by-Section Analysis) As noted in the discussion of § 35.151(k), the Department has determined that inmates...
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Section 36.102 Application (Section-By-Section Analysis and Response to Comments)
Section 36.102 Application (Section-By-Section Analysis and Response to Comments) Section 36.102 specifies the range of entities and facilities that have obligations under the final rule...
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Swimming pools. (Section-by-Section Analysis)
Determining which pool(s) to make accessible and whether more than one accessible pool is necessary to provide program access requires analysis of a number of factors, including, but not...
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Two-tiered definitional approach. (Section-by-Section Analysis)
pedestrian traffic; the facility's design and operational characteristics; whether the device conflicts with legitimate safety requirements; and whether the device poses a substantial risk...
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Reduced scoping for public accommodations, small facilities, and qualified small businesses. (Section-by-Section Analysis)
specifications in the context of barrier removal is a moderate and reasonable response to business entities' concerns about the potential for increased costs of compliance and litigation risk...
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Section 1193.2 Scoping (Section-by-Section Analysis)
Section 1193.2 Scoping (Section-by-Section Analysis) The NPRM stated that section 255 is intended to apply to all equipment since the Board "finds no evidence in the statute or its legislative...
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Work Areas (Section-By-Section Analysis and Response to Comments)
Work Areas (Section-By-Section Analysis and Response to Comments) Proposed paragraph 36.401(b) addressed access to employment areas, rather than to the areas where goods or services are...
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C. 255 Guidelines: Application and Scoping (Section-by-Section Analysis)
(Section-by-Section Analysis – 508 Standards: Application and Scoping – E206.1)....
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Disability (Section-By-Section Analysis and Response to Comments)
The Education and Labor Committee report makes clear that the analysis of the term "individual with handicaps'' by the Department of Health, Education, and Welfare in its regulations implementing...
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Subpart D -- New Construction and Alterations (Section-By-Section Analysis and Response to Comments)
Subpart D -- New Construction and Alterations (Section-By-Section Analysis and Response to Comments) Subpart D implements section 303 of the Act, which requires that newly constructed...
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E103.4 Defined Terms (Section-by-Section Analysis)
E103.4 Defined Terms (Section-by-Section Analysis) This section includes definitions for terms used in, or integral to, the proposed 508 Standards....
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‘‘direct threat’’
A ‘‘direct threat’’ is a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary...
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V. Section-by-Section Analysis
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IV. Section-by-Section Analysis
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ATMs. (Section-by-Section Analysis)
Several commenters expressed concern about the application of a safe harbor to ATMs. Specifically, "talking ATMs"--or ATMs with speech output that are independently usable by...
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Other (Section-by-Section Analysis)
[See subsections ...]
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Telecommunications. (Section-by-Section Analysis)
The Department is proposing to reorganize § 36.303(d) and make several substantive changes that reflect changing terminology and technology. The heading "Telecommunications...
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Companions. (Section-by-Section Analysis)
The Department's proposed language for § 36.303(c) imposes no new obligations on places of public accommodation. The first sentence of § 36.303(c)(1) adds the phrase "and their...
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Facility (Section-by-Section Analysis)
"Facility." "Facility" means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots, or...