Through complaints received, investigations, and compliance reviews of jails, prisons, and other detention and correctional facilities, the Department has found that many detention...
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Accessible Cells in Detention and Correctional Facilities (Section-by-Section Analysis)
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Sell-outs in specific seating areas. (Section-by-Section Analysis)
Under the second option, § 35.138(f)(2), a facility could release unsold accessible seating in a specific seating area once all of the standard seats in that location were sold out. ...
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Section 35.151(g) Assembly Areas (Section-by-Section Analysis)
The Department is proposing a new § 35.151(g) to supplement the assembly area requirements in the proposed standards. This provision would add five additional...
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Definitions of residential facilities and transient lodging. (Section-by-Section Analysis)
The 2004 ADAAG adds a definition of "residential dwelling unit" and modifies the current definition of "transient lodging." Under section 106.5 of the 2004 ADAAG, a "residential...
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Season tickets and multiple event tickets. (Section-by-Section Analysis)
Section 35.138(e) addresses the sale of season tickets and other tickets for multiple events. The proposed rule provides that public entities must sell season tickets or tickets for...
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Sell-outs of specific price ranges. (Section-by-Section Analysis)
The third approach described at § 35.138(f)(3) would permit a public entity to release unsold accessible seats in a specific price range if all other standard seats in that price...
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Section 35.151 New Construction and Alterations (Section-by-Section Analysis)
Section 35.151, which provides that those buildings that are constructed or altered by, on behalf of, or for the use of a public entity shall be designed, constructed, or altered to...
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Fraudulent purchase of designated accessible seating. (Section-by-Section Analysis)
The Department has received numerous comments regarding fraudulent attempts to purchase wheelchair spaces for patrons other than those who use wheelchairs. Moreover, the Department...
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Change "service animal" to "assistance animal." (Section-by-Section Analysis)
Some commenters asserted that "assistance animal" is a term of art and should replace "service animal." While some agencies, like the Department of Housing and Urban Development...
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Section 35.133 Maintenance of Accessible Features (Section-by-Section Analysis)
The general rule regarding the maintenance of accessible features, which provides that a public entity must maintain in operable working condition those features of facilities and...
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Section 35.151(i) Curb Ramps (Section-by-Section Analysis)
The current § 35.151(e) on curb ramps has been redesignated as § 35.151(i). The Department has made a minor editorial change, deleting the phrase "other sloped areas" from the two...
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Section 35.151(d) Scope of Coverage (Section-by-Section Analysis)
The Department is proposing § 35.151(d) to clarify that the requirements established by this section, including those contained in the proposed standards, prescribe what is necessary...
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Section 36.302(c) Service Animals (Section-by-Section Analysis)
Section 36.302(c) Service Animals Section 36.302(c)(1) of the 1991 title III regulation states that ‘‘[g]enerally, a public accommodation shall modify [its] policies, practices, or...
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Prevention of fraud in purchase of accessible seating. (Section-by-Section Analysis)
Prevention of fraud in purchase of accessible seating. Assembly area managers and advocacy groups have informed the Department that the fraudulent purchase of accessible seating is a...
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Hold and release of accessible guest rooms. (Section-by-Section Analysis)
Hold and release of accessible guest rooms. The Department has addressed the hold and release of accessible guest rooms in settlement agreements and recognizes that current practices...
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Video remote interpreting (VRI) services. (Section-by-Section Analysis)
Video remote interpreting (VRI) services. In § 36.303(f) of the NPRM, the Department proposed the inclusion of four performance standards for VRI (which the NPRM termed video...
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Application to specific scenarios raised in comments. (Section-by-Section Analysis)
Application to specific scenarios raised in comments. In response to the NPRM, the Department received a number of comments that raised issues regarding application of the...
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Treatment of "manually-powered mobility aids.'' (Section-by-Section Analysis)
Treatment of ‘‘manually-powered mobility aids.'' The Department's NPRM did not define the term ‘‘manually-powered mobility aids.'' Instead, the NPRM included a non-exhaustive list of...
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Section 36.303 Auxiliary Aids and Services (Section-by-Section Analysis)
Section 36.303 Auxiliary Aids and Services Section 36.303(a) of the 1991 title III regulation requires a public accommodation to take such steps as may be necessary to ensure that...
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Appendix F to Part 36—Guidance and Section-by-Section Analysis
[AG Order 3779-2016, 81 FR 87379, Dec. 2, 2016]
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Responsibility for supervision and care of a service animal. (Section-by-Section Analysis)
Responsibility for supervision and care of a service animal. The 1991 title III regulation, in § 36.302(c)(2), states that ‘‘[n]othing in this part requires a public accommodation to...
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Guarantees of reservations for accessible guest rooms. (Section-by-Section Analysis)
Guarantees of reservations for accessible guest rooms. The Department recognizes that not all reservations are guaranteed, and the rule does not impose an affirmative duty to...
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255 Chapter 1: Application and Administration (Section-by-Section Analysis)
This chapter proposes general requirements reflecting the purpose of the 255 Guidelines (C101.1). It lists referenced standards and where they may be obtained (C102), and provides...
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508 Chapter 2: Scoping Requirements (Section-by-Section Analysis)
This chapter proposes scoping for ICT that is procured, developed, maintained or used by federal agencies—that is, the types of ICT that would be required to conform to the proposed...