The proposed rule cross-referenced the definitions, requirements, and procedures of title I of the ADA, as established by the Equal Employment Opportunity Commission in 29 CFR part 1630....
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§35.140 Employment Discrimination Prohibited
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§35.140 Employment discrimination prohibited (Section-by-Section Analysis)
The proposed rule cross-referenced the definitions, requirements, and procedures of title I of the ADA, as established by the Equal Employment Opportunity Commission in 29 CFR Part 1630....
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Section 36.303 Auxiliary Aids and Services (Preamble, Section-by-Section Analysis)
Department is aware that the Architectural and Transportation Barriers Compliance Board has used the phrase ‘‘text telephone’’ in lieu of the statutory term '‘TDD’’ in its final accessibility guidelines...
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2.4.1 Current Marketplace Dynamics
federal laws do not currently include specific technical requirements for the accessibility of non-fixed medical equipment, although steps are underway by the Department of Justice to propose...
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"Service Animal" (Section-by-Section Analysis)
The Department is proposing to add to the title II regulation the same definition of "service animal" that it will propose for the title III regulation. ...
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Relationship to Other Laws
Nothing in this proposed rule will alter this relationship....
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Condition, Manner, or Duration
Condition, Manner, or Duration In the NPRM, proposed §§ 35.108(d)(3)(i) and 36.105(d)(3)(i) noted that the application of the terms ‘‘condition’’ ‘‘manner,’’ or ‘‘duration’’ should at...
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4. On-board wheelchairs
The Foreign Carriers NPRM proposed that this requirement apply on aircraft with 50 or more seats, as distinct from the criterion of more than 60 seats in the existing regulation....
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F234 Residential Facilities
The proposed rule did not include an exception for military housing that is provided in the current standards used to enforce the ABA (UFAS)....
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Notes
W The proposed standards do not cover a few categories of equipment that may assist persons with disabilities in transferring onto or off of medical diagnostic equipment....
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5.2.1.4 Transfer Surface Size Recommendations for Imaging Equipment (M301)
Rationale for the recommendation The Committee agreed to this proposal to compensate for the unique aspects of the transfer surface in diagnostic equipment....
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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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5.4.3 Transfer Support Height for M301 and M302
NPRM Proposed Provision: Height not addressed....
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5.6.1 Stirrups Provision for M301
The proposed provision ensures a method of supporting, positioning, and securing the patient’s legs. NPRM Proposed Provision: M301.3.2 Stirrups....
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Subpart F—Health, Welfare, and Social Services
Since the separate provisions that appeared in the proposed regulation were almost identical, no substantive change should be inferred from their consolidation....
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Exceptions When Conditions Do Not Permit Full Compliance
The proposed rule would have permitted exceptions to only certain provisions in the technical requirements when certain conditions do not permit full compliance....
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Capabilities, Resources, and Facilities
Capabilities, Resources, and Facilities Any organization charged with the responsibility of carrying out an anthropometric survey such as the proposal suggested here should have the...
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VI. Relationship of This Regulation to Revisions to the Equal Employment Opportunity Commission’s ADA Title I Regulation Implementing the ADA Amendments Act of 2008
(Mar. 25, 2011).4 Because the ADA’s definition of ‘‘disability’’ applies to title I as well as titles II and III of the ADA, the Department has made every effort to ensure that its proposed...
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Van Accessible Signage
The proposed rule removed a requirement that the access designation for van parking include the term "van accessible" to clarify that both car and van drivers can use such spaces, as was...
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Water Closet Centerline and Seat Height
The proposed rule specified that water closets in ambulatory accessible stalls (which are required to be 36 inches wide) be "centered."...
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Accessible Route to Parking
The proposed rule removed language in the original ADAAG that vehicles parked in accessible spaces not reduce the clear width of connecting accessible routes....
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Door Maneuvering Clearance
In the proposed rule, this additional depth (6 inches) was specified when both a closer and a latch are provided....
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Platform Lifts at Existing Site Constraints
This provision was not included in the proposed rule as it was considered unwarranted in new construction....
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Accessible Routes at Security Barriers
The proposed rule specified that people with disabilities be able to maintain visual contact with their personal belongings while "passing though" security barriers....