In response to numerous questions over parts of the new rule, the DOT General Council has issued these Questions and Answers to clarify portions of the rule. ...
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Questions and Answers: Transportation Services for Individuals with Disabilities
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Plain Language Instructions
operates a toll-free ADA Information Line (800) 514–0301 (voice); (800) 514–0383 (TTY) that the public is welcome to call at any time to obtain assistance in understanding anything in this rule...
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2. The Class Notices Are Defective and Will Reach Only A Minuscule Portion of Class Members
The class notices violate due process and fail to meet Rule 23’s notice requirements....
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Notes:
Final Report: Anthropometry of Wheeled Mobility Project. Prepared for the U.S. Access Board. IDeA Center, Buffalo, NY....
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"Qualified Interpreter" (Section-by-Section Analysis)
speech interpreter'' and ‘‘oral interpreter'' in the regulatory text proposed in the NPRM, the Department has decided that it is unnecessary to include such definitions in the text of the final...
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§35.162 Telephone Emergency Services
In response, the final rule mandates ‘‘direct access,’’ instead of ‘‘access that is functionally equivalent’’ to that provided to all other telephone users....
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Title II of the Americans with Disabilities Act (Title II)
II rights of IDEA‐eligible students. 8 Under Title II, “qualified individual with a disability” means an individual with a disability who, with or without reasonable modifications to rules...
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§35.162 Telephone Emergency Services (Section-by-Section Analysis)
In response, the final rule mandates ``direct access,'' instead of ``access that is functionally equivalent'' to that provided to all other telephone users....
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Application to rental units in timeshare, vacation communities, and condo-hotels. (Section-by-Section Analysis)
Because the Department has revised the definition of ‘‘Places of Lodging'' in the final rule, the reservations requirements now apply to guest rooms and other rental units in timeshares,...
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(3) Usable bathrooms
The final Guidelines provide two alternative sets of specifications for making bathrooms accessible in accordance with the Act's requirements....
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308 Reach Ranges
The proposed rule, consistent with the original ADAAG, specified maximum heights of 48 inches for a forward reach and 54 inches for a side reach....
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CLASS ACTION ALLEGATIONS
23(b)(2) of the Federal Rules of Civil Procedure. 52....
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§100.305(g)
(g) Where application of the 80 percent rule results in a fraction of a unit, that unit shall be considered to be included in the units that must be occupied by at least one person 55 years...
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Relationship to Other Laws
Nothing in this proposed rule will alter this relationship....
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F. Impact on small entities
Consistent with the Regulatory Flexibility Act of 1980 and Executive Order 13272, the Department must consider the impacts of any proposed rule on small entities, including small businesses...
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Section 37.161 Maintenance of Accessible Features--General
The rule points out that temporary obstructions or isolated instances of mechanical failure would not be considered violations of the ADA or this rule. Repairs must be made “promptly.”...
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B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires Federal agencies to analyze the impact of regulatory actions on small entities, unless an agency certifies that the rule will not have a significant...
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Section 36.302 Modifications in Policies, Practices, or Procedures (Preamble, Section-by-Section Analysis)
The rule does not require modifications to the legitimate areas of specialization of service providers....
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F. Cost and benefits of movie captioning and video description regulations
., notices of proposed rulemaking or final rules) that, for example, are deemed to be economically significant regulatory actions with an annual economic impact exceeding $100 million annually...
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Section 36.302 Modifications in Policies, Practices, or Procedures (Section-By-Section Analysis and Response to Comments)
The rule does not require modifications to the legitimate areas of specialization of service providers....
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Areas of Refuge (Preamble, Section-by-Section Analysis)
Areas of refuge (areas with direct access to a stairway, and where people who cannot use stairs may await assistance during a emergency evacuation) will be required, as proposed, but the final...
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4.28.3(3)
The pulse duration is defined as the time interval between initial and final points of 10 percent of maximum signal....
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Areas of Refuge (Section-By-Section Analysis and Response to Comments)
Areas of refuge (areas with direct access to a stairway, and where people who cannot use stairs may await assistance during a emergency evacuation) will be required, as proposed, but the final...
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§ 37.137(b)(3) Opportunity for public comment
The submitting entity shall make its plan available for review before the plan is finalized....