"Commerce.'' The definition of "commerce'' is identical to the statutory definition provided in section 301(l) of the ADA. It means travel, trade, traffic, commerce, transportation,...
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Commerce (Section-By-Section Analysis and Response to Comments)
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Facility (Section-By-Section Analysis and Response to Comments)
"Facility.'' "Facility'' means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots,...
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Drug (Section-By-Section Analysis and Response to Comments)
"Drug.'' The definition of the term "drug'' is taken from section 510(d)(2) of the ADA.
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Purchase of multiple tickets. (Section-by-Section Analysis)
Purchase of multiple tickets. In the NPRM, the Department proposed § 35.138(i) to address one of the most common ticketing complaints raised with the Department: That individuals...
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Other recreational facilities (Section-by-Section Analysis)
Other recreational facilities. In the NPRM, the Department asked about a number of issues relating to recreation facilities such as team or player seating areas, areas of sport...
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Providing minimal protection. (Section-by-Section Analysis)
Providing minimal protection. As previously noted, the 1991 title II regulation does not contain specific language concerning service animals. The 1991 title III regulation included...
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Alternate methods (Preamble, Section-by-Section Analysis)
Alternate methods. The proposed rule used the term "alternate modes" which was defined as different means of providing information to users of products, including product...
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Information technology (Preamble, Section-by-Section Analysis)
Information technology. The definition of information technology is identical to that in the Clinger-Cohen Act, that is, any equipment or interconnected system or subsystem of...
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Assistive technology (Preamble, Section-by-Section Analysis)
Assistive technology. Assistive technology is defined as any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to...
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Operable controls (Preamble, Section-by-Section Analysis)
Operable controls. The proposed rule defined operable controls as those components of a product that require physical contact for normal operation of the device. Examples of operable...
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Alternate formats (Preamble, Section-by-Section Analysis)
Alternate formats. Certain product information is required to be made available in alternate formats to be usable by individuals with various disabilities. Consistent with the...
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Web site accessibility. (Section-by-Section Analysis)
Web site accessibility. Many commenters expressed disappointment that the NPRM did not require title II entities to make their Web sites, through which they offer programs and...
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Number of accessible cells. (Section-by-Section Analysis)
Number of accessible cells. Section 232.2.1 of the 2004 ADAAG requires at least 2 percent, but no fewer than one, of the cells in newly constructed detention and correctional...
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Multiple chemical sensitivities. (Section-by-Section Analysis)
Multiple chemical sensitivities. The Department received comments from a number of individuals asking the Department to add specific language to the final rule addressing the needs...
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Size or weight limitations. (Section-by-Section Analysis)
Size or weight limitations. The vast majority of commenters did not support a size or weight limitation. Commenters were typically opposed to a size or weight limit because many...
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Secondary ticket market. (Section-by-Section Analysis)
Secondary ticket market. Section 35.138(g) is a new provision in the final rule that requires a public entity to modify its policies, practices, or procedures to ensure that an...
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Saunas and steam rooms. (Section-by-Section Analysis)
Saunas and steam rooms. The 1991 Standards do not address saunas and steam rooms. Section 35.150(b)(5)(iii) of the NPRM exempted existing saunas and steam rooms that seat only two...
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Assistive listening systems. (Section-by-Section Analysis)
Assistive listening systems. The 1991 Standards at sections 4.33.6 and 4.33.7 require assistive listening systems (ALS) in assembly areas and prescribe general performance standards...
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§35.190(b)(8)
(8) Department of Transportation: all programs, services, and regulatory activities relating to transportation, including highways, public transportation, traffic management (non-law enforcement...
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§ 35.190(b)(8) Department of Transportation
(8) Department of Transportation: All programs, services, and regulatory activities relating to transportation, including highways, public transportation, traffic management (non-law enforcement...
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Sections 35.108(d)(1)(i) and 36.105(d)(1)(i)—Broad Construction, Not a Demanding Standard
and Purposes of the ADA Amendments Act, in which Congress instructed that ‘‘the question of whether an individual’s impairment is a disability under the ADA should not demand extensive analysis...
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1630.16(b)(5)
employed in an industry subject to such regulations comply with the standards established in the regulations (if any) of the Departments of Defense and Transportation, and of the Nuclear Regulatory...
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Sec. 469.003(b)
(b) To the extent there is not a conflict with federal law and it is not beyond the state's regulatory power, the standards adopted under this chapter apply to a building or facility constructed...
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§35.190(b)(5)
(5) Department of Interior: all programs, services, and regulatory activities relating to lands and natural resources, including parks and recreation, water and waste management, environmental...