A related argument that many foreign carriers made is that the Foreign Carriers NPRM proposed provisions inconsistent with international agreements binding on the U.S., thereby violating...
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E202.6.2 Alternative Means (Section-by-Section Analysis)
E202.6.2 Alternative Means (Section-by-Section Analysis) This section proposes to require agencies to provide individuals with disabilities the information and data that would have been...
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508 Chapter 1: Application and Administration (Section-by-Section Analysis)
This chapter proposes general requirements reflecting the purpose of the 508 Standards (E101.1)....
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Executive Order 13132 (Federalism)
The proposed standards do not impose any mandatory requirements on state and local governments....
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2. Public Comments on the Initial Regulatory Assessment and Department Responses
The Guidance and Section-by-Section Analysis, Appendix F, infra, is the primary forum for substantive responses to the comments addressing the proposed regulation generally....
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Section 36.403 Alterations and Path of Travel (Section-by-Section Analysis)
The Department is proposing one change to § 36.403 on alterations and path of travel by adding a path of travel safe harbor. ...
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H. Fairness Hearing
"Fairness Hearing" means the hearing to be held by the District Court, pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, to determine whether the settlement set forth in this...
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Section 35.160 Communications (Section-by-Section Analysis)
The Department proposes to expand § 35.160(a) to clarify that a public entity's obligation to ensure effective communication extends not just to applicants, participants, and members of...
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II. Rulemaking History
On February 9, 2012, the Access Board formally commenced the rulemaking process and issued a notice of proposed rulemaking proposing accessibility standards for medical diagnostic equipment...
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1. Evolving Approach to Covered Electronic Content
Another key issue addressed in the Board’s advance notices of proposed rulemaking was the scope of exceptions to covered content....
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General comments regarding safe harbor. (Section-by-Section Analysis)
One disability rights group commented that proposing new standards without a safe harbor would penalize compliant businesses, who would have to pay for retrofits twice, and reward scofflaws...
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Section 36.304 Removal of Barriers (Preamble, Section-by-Section Analysis)
Section 36.304(f)(1) of the proposed rule, which stated that ‘‘barrier removal is not readily achievable if it would result in significant loss of profit or significant loss of efficiency...
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Executive Order 13132 (Federalism)
The final rule does not have federalism implications as defined in Executive Order 13112....
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Swimming pools, wading pools, saunas, and steam rooms. (Section-by-Section Analysis)
Thus, the Department has eliminated proposed § 36.304(d)(3)(ii) and (d)(4)(ii) from the final rule....
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Executive Order 13132 (Federalism)
This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132....
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CLASS ACTION ALLEGATIONS
23(b)(2) of the Federal Rules of Civil Procedure. 52....
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382.69 What requirements must carriers meet concerning the accessibility of videos, DVDs, and other audio-visual presentations shown on aircraft to individuals who are deaf or hard of hearing?
The requirements of this section go into effect 180 days after the effective date of the rule with respect to safety videos, and 240 days after the effective date of the rule with respect...
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Section 36.307 Accessible or Special Goods (Preamble, Section-by-Section Analysis)
Section 36.307 establishes that the rule does not require a public accommodation to alter its inventory to include accessible or special goods with accessibility features that are designed...
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General Preamble
FCC Notice of Proposed Rulemaking (NPRM) on Access to Telecommunications Services and Equipment to Americans With Disabilities, April 2, 1998....
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§35.130(b)(8) (Section-by-Section Analysis)
Paragraph (b)(8), a new paragraph not contained in the proposed rule, prohibits the imposition or application of eligibility criteria that screen out or tend to screen out an individual...
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"Direct Threat" (Section-by-Section Analysis)
‘‘Direct Threat'' (Section-by-Section Analysis) The final rule moves the definition of direct threat from § 36.208(b) to the definitions section at § 36.104....
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1.3. Public Comments on Initial Regulatory Assessment and Department Responses
Comments Regarding the Cost of Captioning and Audio Description Equipment In the Initial RA, the Department estimated the costs of compliance with the proposed rule by estimating the...
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382.99 What agreements must carriers have with the airports they serve?
Consistent with the present rule, carriers serving U.S. airports must have agreements with the airport operators to provide, operate, and maintain lifts and ramps used to meet the boarding...
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382.65 What are the requirements concerning on-board wheelchairs?
These requirements are also patterned on the existing rule....