On July 26, 1991, the Department issued its final rules implementing title II and title III, which are codified at 28 CFR part 35 (title II) and part 36 (title III)....
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A. Statutory and rulemaking history
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Section 36.311 Mobility Devices (Section-by-Section Analysis)
In both the NPRM and the final rule, § 36.311(a) states the general rule that in any areas open to pedestrians, public accommodations shall permit individuals with mobility disabilities...
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210 Stairways
The final rule modifies the exception for altered stairs (Exception 2), adds a new exception for aisle stairs in assembly areas (Exception 3), and incorporates an exception for play components...
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M305.2.7 Clearance (Section-by-Section Analysis)
NPRM the Access Board noted that it was considering applying the 2004 ADA and ABA Accessibility Guidelines for clearance around grab bars to the transfer support provision in the final rule...
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Section 35.137 Mobility devices. (Section-by-Section Analysis)
In both the NPRM and the final rule, § 35.137(a) states the general rule that in any areas open to pedestrians, public entities shall permit individuals with mobility disabilities to use...
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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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E. Reporting, Recordkeeping, and Other Compliance Requirements
The final rule imposes no new recordkeeping or reporting requirements....
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Costs
The UFAS compliant units comply with the technical requirements in the final rule for units with mobility features, except for bedroom lighting controls and water spray units at kitchen...
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M305.3.3 Fittings (Section-by-Section Analysis)
The MDE NPRM proposed to prohibit standing supports from rotating in their fittings. There were no comments on this section and it was not addressed by the MDE Advisory Committee....
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Individual audio description listening device (Section-by-Section Analysis)
In § 36.303(g)(1)(iii), the Department is proposing to define “individual audio description listening device” as the individual device that patrons may use at their seats to hear audio description...
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E103.3 Interchangeability (Section-by-Section Analysis)
E103.3 Interchangeability (Section-by-Section Analysis) This section proposes that words, terms, and phrases used in the singular shall include the plural and those used in the plural...
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E208.1 General (Section-by-Section Analysis)
E208.1 General (Section-by-Section Analysis) This section proposes to require agencies, when providing support services or documentation for ICT, to do so in conformance to the provisions...
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C102.7.1 ITU-T Recommendation G.722
General Aspects of Digital Transmission Systems, Terminal Components, 7 kHz Audio-Coding within 64 Kbits/s, (September 2012), IBR proposed for Section 410.5....
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E102.7.1 ITU-T Recommendation G.722
General Aspects of Digital Transmission Systems, Terminal Components, 7 kHz Audio-Coding within 64 Kbits/s, (September 2012), IBR proposed for Section 410.5....
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R102 Equivalent Facilitation (Section-by-Section Analysis)
Facilitation (Section-by-Section Analysis) The use of alternative designs, products, or technologies that result in substantially equivalent or greater accessibility and usability than the proposed...
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Section 37.11 Administrative Enforcement
In its title III rule (28 CFR part 36), DOJ assumes enforcement responsibility for all title III matters....
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Safe harbor.
One of the most important issues the Department must address in proposing to adopt the 2004 ADAAG as its new ADA Standards for Accessible Design is the effect that the proposed standards...
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§382.31(a)
(a) Except as otherwise provided in this part you must not, as a carrier, impose charges for providing facilities, equipment, or services that this rule requires to be provided to passengers...
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Agency (Preamble, Section-by-Section Analysis)
No substantive comments were received regarding this definition and no changes have been made in the final rule....
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R304.5.1.2 Shared Use Paths
As proposed in the NPRM, R304.5.1 would require the clear width of curb ramp runs (excluding flared sides), blended transitions, and turning spaces to be 4 feet minimum....
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407.3.1 Identification (Section-by-Section Analysis)
407.3.1 Identification (Section-by-Section Analysis) This section proposes to require input controls to be tactilely discernible without activation, as well as operable by touch....
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§ 36.304(d)(4)(ii)
(ii) Where an existing swimming pool has less than 300 linear feet of swimming pool wall, it shall be exempt from the provisions of section 242.2 of the proposed standards; and...
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§ 35.150(b)(5)(ii)
(ii) Where an existing swimming pool has less than 300 linear feet of swimming pool wall, it shall be exempt from the provisions of section 242.2 of the proposed standards; and...
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§ 37.42(d)(3)(i)
(i) FTA/FRA will provide an initial written response within 30 days of receiving a railroad's written proposal....