RESPONSE: A request for technical infeasibility is made to and determined by the local jurisdiction....
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Is DSA aware of existing precedents (potentially from past experience with non-EV accessible parking) to address the factors that would be considered to determine whether compliance with EV accessibility rules would be technically infeasible?
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F.4 - If an agency has appropriately determined and documented that commercial items are not available that meet applicable technical provisions, must it also determine that an exception applies?
No. Nonavailability is an independent basis for acquiring EIT that does not meet the applicable Access Board's technical provisions. See FAR 39.204(e)(2) (ii). Undue burden...
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382.10 How does a U.S. or foreign carrier obtain a determination that it is providing an equivalent alternative to passengers with disabilities?
382.10 How does a U.S. or foreign carrier obtain a determination that it is providing an equivalent alternative to passengers with disabilities?...
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Q7: Is learning the only major life activity that a school district must consider in determining if a student has a disability under Section 504 and Title II?
Learning is just one of a number of major life activities that should be considered in determining whether a student has a disability within the meaning of those laws. 28 C.F.R. § 35.104...
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6. Conclusion
The full Preliminary RIA sets forth numerous regulatory assessment-related questions or areas for public comment....
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NewVision™ Curb Ramp Inventory System (NVCRIS)
Do a complete Preliminary Survey for FREE to determine how many ramps need to be surveyed and compute total cost....
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If a public accommodation determines that its facilities have barriers that should be removed, but it is not readily achievable to undertake all of the modifications now, what should it do?
If a public accommodation determines that its facilities have barriers that should be removed, but it is not readily achievable to undertake all of the modifications now, what should it...
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Q9: How can a school district meet its obligation, as described in the Section 504 regulation, to evaluate students to determine the need for special education or related services consistent with the Amendments Act?
A: Although school districts may no longer consider the ameliorative effects of mitigating measures when making a disability determination, mitigating measures remain relevant in evaluating...
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2. General Framework of Assessment
Some of the main components of the Preliminary RIA’s methodology are as follows: Estimating the beneficiary population: To estimate the number of federal employees and members of the...
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G.6.vi. - May an agency shift the responsibility for making undue burden determinations to vendors (i.e., by requiring interested sources who offer EIT that meets the applicable technical provisions to explain why the purchase of such EIT would not impose an undue burden?
The responsibility for making an undue burden determination rests with the agency....
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Regulatory Impact Analysis
A Preliminary Impact Analysis was published in the Federal Register on September 7, 1990 (55 FR 37072-37129)....
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What questions can a public entity ask to determine if a dog is a service animal?
In situations where it is not obvious that a dog is a service animal, a public entity may ask two questions: (1) is the dog a service animal required because of a disability? and (2)...
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Are spring hinges and gravity hinges considered “closers” in determining the size of maneuvering clearances?
No. Some approaches require additional maneuvering clearances when a door or gate is equipped with a closer because of the additional force that must be counteracted in proceeding...
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17. May a school district determine that, under Title II, all children with a hearing, vision, or speech disability will receive the same auxiliary aid or service as others with that kind of disability?
varying levels and types of limitations from hearing, vision, or speech disabilities, and because school districts must give primary consideration to the requests of the individual, these determinations...
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§8.56(j)(1) General
If a letter of findings making a preliminary finding of noncompliance is issued, the responsible civil rights official shall attempt to resolve the matter by informal means....
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Regulatory Process Matters
Draft copies of both preliminary RIAs are available for comment; the Department will provide copies of these documents to the public upon request....
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Weight Scales
The Access Board has made a preliminary determination based on the preliminary regulatory assessment that the benefits of the proposed standards will justify the costs; that the proposed...
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4. Benefits of the Proposed Rule
Overall, results from the Preliminary RIA demonstrate that the proposed 508 Standards will likely have substantial monetizable benefits to federal agencies and persons with disabilities....
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12185(e) Review
(e) Review In developing the study required by subsection (a) of this section, the Office of Technology Assessment shall provide a preliminary draft of such study to the Architectural...
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I. Public Participation and Request for Comments
The Access Board encourages all persons interested in the rulemaking to submit comments on this proposed rule, as well as the preliminary assessment of its estimated benefits and costs....
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Separate “individual with a disability” and “qualified individual”
of disability discrimination is properly on the critical inquiry of whether a qualified person has been discriminated against on the basis of disability, and not unduly focused on the preliminary...
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Objectives
Following the preliminary field trials, professionals involved in recreational surface development encouraged us to investigate the concept for trails....
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68.80. Fees
Plan review and inspection fees collected by the department shall be determined by the estimated cost of construction for the project, not including site acquisition, architectural, engineering...
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14. Who in a school district participates in the determinations about the provision of auxiliary aids and services under Title II? Does the ultimate decision maker differ depending upon whether the student is covered by the IDEA, Title II, or both?
The Title II regulations do not designate a particular responsible person or group of people to make the determinations about the provision of auxiliary aids and services under Title II....
