These concepts were affirmed by Congress in the legislative history to the ADA Amendments Act: ‘‘We particularly believe that this test, which articulated an analysis that considered whether...
Search Results "Preliminary RIA (Regulatory Impact Analysis)"
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Sections 35.108(d)(3) and 36.105(d)(3)—Condition, Manner, or Duration
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Rollability and Smoothness of Walking Surfaces
The Access Board is sponsoring preliminary research that will produce a plan for a test protocol and instrumentation to measure the rollability and smoothness of walking surfaces and to...
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Submission to Congress and the General Accounting Office
report containing this final rule to Congress and the Comptroller General of the General Accounting Office prior to publication in the Federal Register as required by the Small Business Regulatory...
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Comfort animals vs. psychiatric service animals.
Under the Department's present regulatory language, some individuals and entities have assumed that the requirement that service animals must be individually trained to do work or carry...
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Treatment of Data
Through further analysis, results of trail surface tests for firmness and stability were compared within surface composition categories and across surface composition categories to determine...
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3. Data Overview
Section 3.4 presents the unit costs currently charged by manufacturers providing the necessary equipment and explains the average unit costs used in the primary analysis. ...
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Inquiry into the use of other power-driven mobility device. (Section-by-Section Analysis)
Consequently, the Department has decided to include regulatory text in § 36.311(c)(2) of the final rule that requires public accommodations to accept the presentation of a valid, State-issued...
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Inquiry into the use of other power-driven mobility device. (Section-by-Section Analysis)
Consequently, the Department has decided to include regulatory text in § 35.137(c)(2) of the final rule that requires public entities to accept the presentation of a valid, State-issued...
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‘‘Illegal use of drugs.’’ (Preamble, Section-by-Section Analysis)
‘‘Illegal use of drugs.’’ The definition of ‘‘illegal use of drugs’’ is taken from section 510(d)(1) of the Act and clarifies that the term includes the illegal use of one or more...
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Scoping for Text Telephones (Preamble, Section-by-Section Analysis)
- Scoping for TDD's or text telephones was increased. One TDD or text telephone, for speech and hearing impaired persons, must be provided at locations with 4, rather than 6, pay...
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Accessible Hotel Rooms (Preamble, Section-by-Section Analysis)
- Rather than requiring 5% of new hotel rooms to be accessible to people with mobility impairments, between 2 and 4% accessibility (depending on total number of rooms) is required....
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Section 36.202 Activities (Preamble, Section-by-Section Analysis)
Section 36.202 Activities Section 36.202 sets out the general forms of discrimination prohibited by title III of the ADA. These general prohibitions are further refined by the...
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Section 36.205 Association (Preamble, Section-by-Section Analysis)
Section 36.205 Association Section 36.205 implements section 302(b)(1)(E) of the Act, which provides that a public accommodation shall not exclude or otherwise deny equal goods,...
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Section 36.210 Smoking (Preamble, Section-by-Section Analysis)
Section 36.210 Smoking Section 36.210 restates the clarification in section 501(b) of the Act that the Act does not preclude the prohibition of, or imposition of restrictions on,...
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Section 4.1.6, Alterations (Preamble, Section-by-Section Analysis)
• Section 4.1.6, Alterations An alteration is a change to a building or facility that affects or could affect the usability of or access to the building or facility or any part...
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Section 36.201(b) (Preamble, Section-by-Section Analysis)
The first sentence of paragraph (b) of Sec.36.201 reiterates the general principle that both the landlord that owns the building that houses the place of public accommodation, as...
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"Specified public transportation." (Preamble, Section-by-Section Analysis)
‘‘Specified public transportation.’’ The definition of ‘‘specified public transportation’’ is identical to the statutory definition in section 301(10) of the ADA. The term means...
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Section 36.402 Alterations (Preamble, Section-by-Section Analysis)
Section 36.402 Alterations Sections 36.402–36.405 implement section 303(a)(2) of the Act, which requires that alterations to existing facilities be made in a way that ensures that...
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Section 4.1.5, Additions (Preamble, Section-by-Section Analysis)
• Section 4.1.5, Additions Each addition to an existing building or facility is regarded as an alteration subject to §§ 36.402 through 36.406 of subpart D, including the date...
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Section 36.201 General (Preamble, Section-by-Section Analysis)
Section 36.201 General
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Section 36.104 Definitions (Preamble, Section-by-Section Analysis)
Section 36.104 Definitions
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Check-out Aisles (Preamble, Section-by-Section Analysis)
- Not all check-out aisles are required to be accessible.
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Section 36.101 Purpose (Preamble, Section-by-Section Analysis)
Section 36.101 Purpose Section 36.101 states the purpose of the rule, which is to effectuate title III of the Americans with Disabilities Act of 1990. This title prohibits...
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Section 4.1.1, Application (Preamble, Section-by-Section Analysis)
• Section 4.1.1, Application Section 4 contains scoping requirements. Section 4.1.1, Application, provides that all areas of newly designed or newly constructed buildings and...