They requested that such a requirement be reinstated in the final rule. A few comments opposed such a change. Response....
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Detectable Warnings
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§35.160 General
Several commenters asked that the rule clarify that the provision of readers is sometimes necessary to ensure access to a public entity’s services, programs or activities....
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§35.160 General (Section-by-Section Analysis)
Several commenters asked that the rule clarify that the provision of readers is sometimes necessary to ensure access to a public entity's services, programs or activities....
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Section 1193.1 Purpose (Section-by-Section Analysis)
No substantive comments were received and no changes have been made to this section in the final rule....
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Alternate Modes (Section-by-Section Analysis)
A definition is provided for the term "alternate modes" in the final rule. In addition, the term "audio description" has been changed to "video description."...
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Accessible Passenger Loading Zones at Medical Care and Long-Term Care Facilities
In the final rule, this requirement is limited to those medical and long-term care facilities where the period of stay may exceed 24 hours....
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General Scoping for TTYs
In the final rule, the Board has clarified references to "site" as being specific to "exterior sites" to avoid confusion that may arise since the term "site," by itself, can be read to include...
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M301.2.1 Adjustability (Section-by-Section Analysis)
(Significant Changes – Transfer Surface Adjustability), in the final rule the Access Board has renamed this provision and now requires the transfer surface height to be adjustable to: (1...
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Responsibility for supervision and care of a service animal. (Section-by-Section Analysis)
The language of this section is retained, with minor modifications, in § 36.302(c)(5) of the final rule....
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Part II: ABA Application and Scoping
In the final rule, differences between the ADA and ABA application and scoping chapters pertain to modifications and waivers, definitions, additions, leases, general exceptions (specifically...
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Volume Control on Public Phones
The proposed rule specified a minimum of 25%, but many urged that all public phones should have volume control. Response....
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Wheelchair Spaces in Tiered Boxes
The proposed rule was not clear on how the scoping and dispersion requirements would apply in these types of facilities....
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209 Passenger Loading Zones and Bus Stops
The Board has clarified in the final rule that this applies to "fractions" of this amount as well, which is consistent with the intent of this provision as proposed....
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M303.2.1 Orientation (Section-by-Section Analysis)
The commenter asserted that body positioning is key for obtaining accurate results when using diagnostic devices, such as x-ray equipment, and recommends amending the rule text to require...
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Section 35.171 Acceptance of complaints. (Section-by-Section Analysis)
The final rule retains, with minor modifications, the language in proposed § 35.171(a)(2)(i)....
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Executive Order 13132: Federalism
., p. 206, requires executive branch agencies to consider whether a rule will have federalism implications....
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Condition, Manner, or Duration
application of the terms ‘‘condition’’ ‘‘manner,’’ or ‘‘duration’’ should at all times take into account the principles in § 35.108(d)(1) and § 36.105(d)(1), respectively, which referred to the rules...
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Service Animal Issues
rule....
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ADA Technical Assistance Manual Addendum (10/29/02)
The Supreme Court's rulings were in Sutton v. United Airlines, Inc., 527 U.S. 471 (1999), and Murphy v. United Parcel Service, Inc., 527 U.S. 516 (1999)....
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b. Exception for Base Support Allowance and Unobstructed Knee and Toe Space
In the proposed rule, obstructions were not permitted within the knee and toe clearance space....
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36. Must an employer provide a reasonable accommodation for an employee with a disability who violated a conduct rule that is job- related for the position in question and consistent with business necessity?
(103) Possible reasonable accommodations could include adjustments to starting times, specified breaks, and leave if these accommodations will enable an employee to comply with conduct rules...
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"Qualified interpreter.'' (Preamble, Section-by-Section Analysis)
The proposed rule defined auxiliary aids and services to include the statutory term, "qualified interpreters'' (Sec.36.303(b)), but did not define that term....
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28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
ACTION: Final rule. SUMMARY: This rule implements subtitle A of title II of the Americans with Disabilities Act, Pub....
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T403 Lifts
After considering this recommendation, the Board has determined that the public lift standards in the FMVSS provide a similar level of accessibility relative to the proposed rule, and, as...