Search Results "Regulatory Flexibility Analysis"

• Rulemaking Process Documents > NPRMS > 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description (NPRM)
  Audio description (Section-by-Section Analysis)

  For the purposes of this subsection, the Department is proposing to add a definition for “audio description.”  In proposed § 36.303(g)(1)(i), “audio description” is defined as the...

• Rulemaking Process Documents > NPRMS > 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description (NPRM)
  Movie Theater (Section-by-Section Analysis)

  In order to make it clear which facilities are subject to the specific captioning and audio-description requirements set forth in § 36.303(g), the Department is proposing in §...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  Ticket pricing. (Section-by-Section Analysis)

  Section 36.302(f)(7) of the proposed rule addresses ticket pricing.  The proposed rule codifies the Department's longstanding policy that public accommodations cannot impose a...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  "Existing Facility" (Section-by-Section Analysis)

  Under the ADA, a facility is initially classified as one of three types:  (1) An existing facility; (2) an altered facility; or (3) a newly designed and constructed facility.  In the...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  "Place of Lodging" (Section-by-Section Analysis)

  The Department proposes to add a definition of "place of lodging" that will be used in proposed § 36.406(c) to address the coverage of rental accommodations in time-shares,...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  "Service Animal" (Section-by-Section Analysis)

  The Department is proposing to amend the definition of "service animal" in § 36.104 of the current regulation, which is defined as, "any guide dog, signal dog, or other animal...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  "Minimal protection." (Section-by-Section Analysis)

  There were many comments by service dog users urging the Department to remove from the definition "providing minimal protection."  The commenters set forth the following reasons: ...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  "Task" emphasis. (Section-by-Section Analysis)

  Many commenters followed the lead of an umbrella service dog organization in suggesting that "performing tasks" should form the basis of the service animal definition, that "do work"...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  "Alerting to intruders." (Section-by-Section Analysis)

  Some commenters argued that the phrase "alerting to intruders" in the current text has been misinterpreted by some people to apply to a special line of protection dogs that are...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  "Qualified Reader" (Section-by-Section Analysis)

  The current title III regulation identifies a qualified reader as an auxiliary aid, but it does not define the term.  See 28 CFR 36.303(b)(2).  Based upon the Department's...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  Narrative description. (Section-by-Section Analysis)

  The Department is also considering options under which it might require that movie theater owners and operators exhibit movies with narrative descriptions, which enable individuals...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  Comfort animals. (Section-by-Section Analysis)

  It is important to address the concept of comfort animals or emotional support animals, which have become increasingly popular, primarily with individuals with mental or psychiatric...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  "Qualified Interpreter" (Section-by-Section Analysis)

  The Department proposes to add to the definition of qualified interpreter to clarify that the term includes, but is not limited to, sign language interpreters, oral interpreters, and...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  Wading pools. (Section-by-Section Analysis)

  Section 242.3 of the 2004 ADAAG provides that newly constructed or altered wading pools must provide at least one sloped means of entry to the deepest part of the pool.  The...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  Boating facilities. (Section-by-Section Analysis)

  Sections 206.2.10, 235.2, and 235.3 of the 2004 ADAAG require a specified number of boat slips and boarding piers at boat launch ramps to be accessible and connected to an accessible...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  Exercise machines. (Section-by-Section Analysis)

  Sections  206.2.13 and 236 of the 2004 ADAAG require one of each type of fixed exercise machine to meet clear floor space specifications and to be on an accessible route.  Types of...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  Define "task." (Section-by-Section Analysis)

  One commenter suggested defining the term "task," presumably so that there would be a better understanding of what type of service performed by an animal would qualify for coverage. ...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  Subpart A-General (Section-by-Section Analysis)

  [See subsections ...]

• Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
  Scope of coverage. (Section-by-Section Analysis)

  As illustrated by the above discussion, the 2004 ADAAG introduces supplemental scoping and technical requirements for play areas and recreation facilities that apply to elements and...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
  "Service Animal" (Section-by-Section Analysis)

  Although there is no specific language in the current title II regulation concerning service animals, title II entities have the same legal obligations as title III entities to make...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
  Subpart A--General (Section-by-Section Analysis)

  [See subsections ...]

• Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
  Exercise machines. (Section-by-Section Analysis)

  Sections 236 and 206.2.13 of the 2004 ADAAG require one of each type of fixed exercise machine to meet clear floor space specifications and to be on an accessible route. Types of...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
  "Existing Facility" (Section-by-Section Analysis)

  Under the ADA, a facility may be one or more of three types at different points in time:  (1) an existing facility, (2) an altered facility, or (3) a newly designed and constructed...

• Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
  Ticket pricing. (Section-by-Section Analysis)

  Section 35.138(g) of the proposed rule addresses ticket pricing.  The proposed rule codifies the Department's longstanding policy that public entities cannot impose a surcharge for...