arguments supporting Federal preemption of NFB's state claims: (1) Airline kiosks constitute a service that falls within the preemption provision of the Airline Deregulation Act; (2) the ACAA rules...
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5. Other Issues—Federal Preemption
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Section 36.303(g)(4) Minimum Requirements for Audio Description Devices
Although commenters overwhelmingly supported the proposed rule's goal of ensuring access to audio description in movie theaters, only three commenters agreed with the proposed scoping....
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Paragraph (e) Availability of auditory information for people who are hard of hearing (Section-by-Section Analysis)
Therefore, in accordance with the National Technology Transfer and Advancement Act, the final rule has been changed to adopt the provision as currently specified in the private, voluntary...
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§35.131 Illegal Use of Drugs
The final rule therefore provides that a drug rehabilitation or treatment program may prohibit illegal use of drugs by individuals while they are participating in the program....
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M305.2.2 Length (Section-by-Section Analysis)
addition of a requirement for a transfer support length provision is necessary and has adopted many of the MDE Advisory Committee’s recommendations for transfer support length in the final rule...
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ADA Title III: Public Accommodations and Commercial Facilities Fact Sheet
Address the concerns of the 43 million Americans that have one of more physical or mental disabilities and are faced each day with architectural / transportation barriers, overprotective rules...
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Section 35.160 Communications (Section-by-Section Analysis)
We note that covered entities, such as hospitals, that are subject to the Privacy Rule, 45 CFR parts 160, 162, and 164, of the Health Insurance Portability and Accountability Act of 1996...
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Basic Principles
Rules that are necessary for safe operation of a program, service, or activity are allowed, but they must be based on a current, objective assessment of the actual risk, not on assumptions...
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Scoping for timeshare or condominium hotels. (Section-by-Section Analysis)
In the final rule, the Department has added a provision to Sec. 36.406(c)(3), which states that units intended to be used exclusively for residential purposes that are contained in facilities...
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E103.4 Defined Terms (Section-by-Section Analysis)
Defining a common term that covers both Section 508-covered E&IT and Section 255-covered telecommunications products and services is consistent with the overall approach in the proposed rule...
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DEPARTMENT OF TRANSPORTATION DISABILITY LAW GUIDANCE: Origin-to-Destination Service
on an occasional basis, we think that asking for advance notice at the time of reservation for the trip would be reasonable and consistent with the next-day service requirement of the rule...
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1. INTRODUCTION
This was recognized almost 20 years ago by the Architectural and Transportation Barriers Compliance Board (the "Access" board) in their ruling that effective January 6th l981 all federally...
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Appendix B: Overview of Federal Regulations and Guidance for Detectable Warnings
The history of federal rule-making concerning detectable warnings has been summarized by Chandler (2004)....
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Other Cost Issues
ETA Editor's Note Since A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act was published, the Supreme Court has issued three rulings...
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Section 36.206 Retaliation or Coercion (Preamble, Section-by-Section Analysis)
This section is unchanged from the proposed rule....
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Ticket transfer. (Section-by-Section Analysis)
Thus, the Department has added language in the final rule in § 36.302(f)(6) that requires that individuals with disabilities holding accessible seating for any event have the same transfer...
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Section 35.151(h) Medical care facilities
The language used in this rule (“in a manner that is proportionate by type of medical specialty’’) is more specific than that used in the NPRM (“in a manner that enables patients with disabilities...
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Section 36.403 Alterations: Path of Travel
The final rule retains the safe harbor for required elements of a path of travel to altered primary function areas for private entities that already have complied with the 1991 Standards...
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Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
This AC incorporates the following principal changes: Includes updates to the Air Carrier Access Act (ACAA); the final rule implementing the ACAA (14 CFR part 382); and references...
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‘‘Private club.’’ (Preamble, Section-by-Section Analysis)
The rule, therefore, as reflected in § 36.102(e) of the application section, limits the coverage of private clubs accordingly....
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Section 36.406(g) Medical Care Facilities
The language used in this rule (“in a manner that is proportionate by type of medical specialty’’) is more specific than that used in the NPRM (“in a manner that enables patients with disabilities...
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902 Dining Surfaces and Work Surfaces
Commenters expressed concern about use of the terms "dining surfaces" and "work surfaces" and urged the Board to include definitions of the terms in the final rule....
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23. How should an employer handle requests for modified or part-time schedules for an employee covered by both the ADA and the Family and Medical Leave Act (FMLA)?
. § 825.204 (1997); see also special rules governing intermittent leave for instructional employees at §§ 825.601, 825.602. 70. 29 C.F.R. §§ 825.209, 825.210 (1997)....
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Alterations to cells and program access. (Section-by-Section Analysis)
The Department's proposed rule aims to specifically require equivalent opportunities to such programs....