In addition, the Department has decided that it is more appropriate to use the phrase ‘‘primarily'' designed for use by individuals with disabilities in the final rule, rather than ‘‘solely...
Search Results "Final Rule"
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Definition of "wheelchair." (Section-by-Section Analysis)
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Manufacturer (Section-by-Section Analysis)
Another commenter recommended that the term manufacturer be defined to include those who assemble the component parts into a final product. Response....
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Section 36.304 Removal of Barriers (Section-by-Section Analysis)
The term ‘‘existing facility'' is defined in § 36.104 of the final rule. This definition is discussed in more detail above. See Appendix A discussion of definitions (§ 36.104)....
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Sections §§ 35.108(d)(1)(vii) and 36.105(d)(1)(vii)—Comparison of Individual’s Performance of Major Life Activity Usually Will Not Require Scientific, Medical, or Statistical Analysis
One commenter suggested that the words ‘‘where appropriate’’ be deleted from these provisions in the final rule out of concern that they may be used to preclude individuals with disabilities...
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II. Statutory and Regulatory Background
The Department implemented the Act by a final rule published January 23, 1989 (54 FR 3232), and which became effective on March 12, 1989....
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Section 1194.21 Software Applications and Operating Systems (Preamble, Section-by-Section Analysis)
No other changes have been made in the final rule....
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E202 General Exceptions (Section-by-Section Analysis)
Consequently, the Board is not retaining it in the proposed rule....
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‘‘Qualified interpreter.’’
The proposed rule defined auxiliary aids and services to include the statutory term, ‘‘qualified interpreters’’ (§ 35.104), but did not define it....
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Qualified interpreter (Section-by-Section Analysis)
The proposed rule defined auxiliary aids and services to include the statutory term, "qualified interpreters" (§35.104), but did not define it....
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(1) Transfer Surface Location for Diagnostic Equipment Used in the Supine, Prone, or Side-lying Position
MDE Advisory Committee Report, 75-82, available at https://www.access-board.gov/guidelines-and-standards/health-care/about-this-rulemaking/advisory-committee-final-report. ...
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1.3. Public Comments on Initial Regulatory Assessment and Department Responses
Data concerning average seat count is no longer relevant because the final rule’s scoping for captioning devices is based on the number of auditoriums, rather than the number of seats, within...
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Section 35.151(g) Assembly areas (Section-by-Section Analysis)
The Department has retained the substance of this section in the final rule but has clarified that the requirement applies to stadiums, arenas, and grandstands....
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403 Walking Surfaces
: adding an exception for circulation paths in employee work areas (403.5, Exception) removing redundant specifications for protruding objects (403.5.3 in the proposed rule...
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Designed and Constructed for First Occupancy (Preamble, Section-by-Section Analysis)
The proposed rule set forth for comment two alternative ways by which to determine what facilities are subject to the Act and what standards apply....
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Designed and Constructed for First Occupancy (Section-By-Section Analysis and Response to Comments)
The proposed rule set forth for comment two alternative ways by which to determine what facilities are subject to the Act and what standards apply....
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Technical Memorandum TM 2012-02 Emergency Response Buildings and Facilities
Department of Justice in the Guidance and Analysis for 28 CFR Parts 35 and 36 Nondiscrimination on the Basis of Disability in State and Local Government Services; Final Rules; September...
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Sections 35.108(d)(1)(vi) and 36.105(d)(1)(vi)—‘‘Substantially Limits’’ Shall Be Interpreted To Require a Lesser Degree of Functional Limitation Than That Required Prior to the ADA Amendments Act
These rules of construction reflect Congress’s concern that prior to the adoption of the ADA Amendments Act, courts were using too high a standard to determine whether an impairment substantially...
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Section 36.303(g)(9) Operational Requirements
The final rule retains the operational requirements proposed in the NPRM in renumbered § 36.303(g)(9) and adds the requirement that if a movie theater is relying on open movie captioning...
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2. Costs—Summary of Likely Economic Impact
For both options, costs are estimated for theaters with digital screens beginning in the first year after publication of the final rule (2015). ...
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d. Unobstructed Transfer
The final rule retains the proposed requirements for unobstructed transfer for diagnostic equipment used in a supine, prone, or side-lying position, as well as diagnostic equipment used...
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Rulemaking History
In an accompanying discussion of the proposed revisions, the Board posed a number of questions to the public on a variety of issues to solicit information for its use in finalizing the rule...
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Section 35.150(b)(2) Safe harbor (Section-by-Section Analysis)
Under the final rule, these alterations will be subject to the 2010 Standards....
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36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
ACTION: Final Rule....
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Background (SBREFA, Regulatory Flexibility Act, and Executive Order) Reviews
In such a case, the Department would delay adoption of the accessibility requirement for the particular feature or facility in question in its final rule and await Access Board action before...