The purpose of this portion of the preamble is to describe each of the sections of the final rule. The focus of the descriptions is on new or changed material.
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SECTION-BY-SECTION ANALYSIS
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REDUCTION AND ANALYSIS OF DATA
The ADAAG set minimum criteria for accessibility of pedestrian facilities throughout the United States. By law, States and local jurisdictions are required to follow ADAAG when...
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Section 36.205 Association (Section-By-Section Analysis and Response to Comments)
Section 36.205 Association (Section-By-Section Analysis and Response to Comments) Section 36.205 implements section 302(b)(1)(E) of the Act, which provides that a public accommodation...
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28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
., the 1991 Section-by-Section Analysis, to the title III rule published July 26, 1991....
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Appendix C to Part 36—Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities originally published on July 26, 1991 (1991 Preamble and Section-by-Section Analysis)
Click here for the 1991 Preamble and Section-by-Section Analysis...
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Customer Premises Equipment (Section-by-Section Analysis)
Customer Premises Equipment (Section-by-Section Analysis) This definition is taken from the Telecommunications Act....
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E202.5.2 Required Documentation (Section-by-Section Analysis)
E202.5.2 Required Documentation (Section-by-Section Analysis) This section proposes to require responsible agency officials to document in writing the basis for determining that compliance...
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Section 36.305 Alternatives to Barrier Removal (Section-By-Section Analysis and Response to Comments)
Section 36.305 Alternatives to Barrier Removal (Section-By-Section Analysis and Response to Comments) Section 36.305 specifies that where a public accommodation can demonstrate that removal...
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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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Section 36.406(d) Social Service Center Establishments (Section-by-Section Analysis)
Section 36.406(d) Social Service Center Establishments (Section-by-Section Analysis) In the NPRM, the Department proposed a new Sec. 36.406(d) requiring group homes, halfway houses, shelters...
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Readily Achievable (Section-by-Section Analysis)
The National Association of the Deaf (NAD) said it is critical that the readily achievable analysis under section 255 be performed on a case-by-case basis, rather than through a numerical...
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Assessment factors. (Section-by-Section Analysis)
Thus, the focus of the analysis must be on the appropriateness of the use of the device at a specific facility, rather than whether it is necessary for an individual to use a particular...
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Equipment and furniture. (Section-by-Section Analysis)
The Department has not issued specific regulatory guidance on equipment and furniture, but proposed such regulations in 1991....
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Undue burden (Preamble, Section-by-Section Analysis)
The undue burden analysis is applied on a provision by provision basis....
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§35.105 Self-evaluation (Section-by-Section Analysis)
(Section-by-Section Analysis) Section 35.105 establishes a requirement, based on the section 504 regulations for federally assisted and federally conducted programs, that a public entity...
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Section 36.212 Insurance (Preamble, Section-by-Section Analysis)
In addition, under some State regulatory schemes, insurers may have to file such actuarial information with the State regulatory agency and this information may be obtainable at the State...
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Companions who are individuals with disabilities. (Section-by-Section Analysis)
The Department agrees and has amended the regulatory language accordingly....
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M301.4.2 Clearance Around Base (Section-by-Section Analysis)
Finally, a portable patient lift is not medical diagnostic equipment and, therefore, not within the purview of the Access Board’s regulatory jurisdiction....
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§35.190 Designated agencies (Section-by-Section Analysis)
(Section-by-Section Analysis) Subpart G designates the Federal agencies responsible for investigating complaints under this part....
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Assessment factors. (Section-by-Section Analysis)
Thus, the focus of the analysis must be on the appropriateness of the use of the device at a specific facility, rather than whether it is necessary for an individual to use a particular...
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‘‘Place of public accommodation.’’ (Preamble, Section-by-Section Analysis)
The term ‘‘place of public accommodation’’ is an adaptation of the statutory definition of ‘‘public accommodation’’ in section 301(7) of the ADA and appears as an element of the regulatory...
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Perpendicular Curb Ramps (R304.2) (Section-by-Section Analysis)
Perpendicular Curb Ramps (R304.2) (Section-by-Section Analysis) Perpendicular curb ramps have a running slope that cuts through or is built up to the curb at right angles or meets the...
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E205.3 Agency Official Communication (Section-by-Section Analysis)
E205.3 Agency Official Communication (Section-by-Section Analysis) This section proposes that an agency’s non-public facing content be required to meet the accessibility requirements...
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Paragraph (f) Prevention of visually induced seizures (Section-by-Section Analysis)
Paragraph (f) Prevention of visually induced seizures (Section-by-Section Analysis) Comment....