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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II. Rulemaking History
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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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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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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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Subpart D-New Construction and Alterations (Section-by-Section Analysis)
The Department is proposing to amend this subpart to adopt the proposed standards and to make related changes to give effect to these changes, as described below....
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§ 36.211(c)
(c) If the proposed standards reduce the number of required accessible elements below the number required by the 1991 Standards, the number of accessible elements in a facility subject to...
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§ 35.133(c)
(c) If the proposed standards reduce the number of required accessible elements below the number required by the 1991 Standards, the number of accessible elements in a facility subject to...
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12209(b)(2)(C)
subparagraph (B) are enacted by the House of Representatives as an exercise of the rulemaking power of the House of Representatives, with full recognition of the right of the House to change its rules...
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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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E103.4 Content (Section-by-Section Analysis)
The definition is based on WCAG 2.0, and is proposed to promote harmonization and greater clarity in the proposed Standards and Guidelines....
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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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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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10.3.3(1)
Alterations to an Area Containing a Primary Function, an area of primary function shall be as defined by applicable provisions of 49 C.F.R. 37.43(c) (Department of Transportation’s ADA Rule...
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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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CLASS ACTION ALLEGATIONS
23(b)(2) of the Federal Rules of Civil Procedure. 52....
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A. Administrative Corrections
This direct final rule remedies two typographical errors on the ICT Final Rule. ...
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Notice Requirement (Section-by-Section Analysis)
Even though the Department has proposed a 100 percent requirement, it will still be necessary to provide notice regarding which movies have captions and audio description because not all...
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Sections 35.108(e) and 36.105(e)—Has a Record of Such an Impairment
The NPRM proposed keeping the language in the title II and title III regulations (with minor editorial changes) but to renumber it as §§ 35.108(e)(1) and 36.105(e)(1)....
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A. Chapter 2: M201 Scoping
In the final rule, Chapter 2 establishes that the enforcing authority will determine the number and types of diagnostic equipment to which the MDE Standards will apply....
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Unfunded Mandates Reform Act
In any case, since Amtrak and commuter rail authorities receive Federal funds for the operations to which this rule applies, the rule's requirements are properly considered as funded mandates...
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Williams Sound PPA VP 37 Personal PA® Value Pack System
Disclaimer: FCC rules limit use of this equipment to auditory assistance....
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d. Unobstructed Transfer
The MDE NPRM proposed that each transfer side provide unobstructed access to the transfer surface, with an exception to permit temporary obstructions as long as they could be repositioned...
