Definition accommodating conflict style

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(Redesignated from section 36.608) 2010 Guidance and Section-by-Section Analysis 1991 Preamble and Section-by-Section Analysis Pool Extension Final Rule Guidance and Section-by Section Analysis ADA Amendments Act Final Rule Guidance and Section-by-Section Analysis Movie Captioning and Audio Description Final Rule Guidance and Section-by-Section Analysis DEPARTMENT OF JUSTICE 28 CFR Part 36 [CRT Docket No. 3181– 2010] RIN 1190–AA44 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities AGENCY: Department of Justice, Civil Rights Division. SUMMARY: This final rule revises the Department of Justice (Department) regulation that implements title III of the Americans with Disabilities Act (ADA), relating to nondiscrimination on the basis of disability by public accommodations and in commercial facilities. 4151 The passage of the ADA expanded the Access Board’s responsibilities. How and to what extent the Access Board’s guidelines are used with respect to the barrier removal requirement applicable to existing facilities under title III of the ADA and to the provision of program accessibility under title II of the ADA are solely within the discretion of the Department. Section 306(a) of the ADA directs the Secretary of Transportation to issue regulations for demand responsive or fixed route systems operated by private entities not primarily engaged in the business of transporting people (sections 302(b)(2)(B) and (C)) and for private entities that are primarily engaged in the business of transporting people (section 304). ADA Chapter 1 and ADA Chapter 2 of the 2004 ADA/ABA Guidelines provide scoping requirements for facilities subject to the ADA; ‘‘scoping’’ is a term used in the 2004 ADA/ABA Guidelines to describe requirements that prescribe which elements and spaces—and, in some cases, how many—must comply with the technical specifications.

The ADA requires the Department to issue regulations that include enforceable accessibility standards applicable to facilities subject to title II or title III that are consistent with the ‘‘minimum guidelines’’ issued by the Access Board, 42 U. The ADA also requires the Department to develop regulations with respect to existing facilities subject to title II (Subtitle A) and title III. As a Federal member of the Access Board, the Attorney General’s representative voted to approve the revised guidelines.

Many other commenters addressed areas of desired regulation or of particular concern.

The ANPRM dealt with the Department’s responsibilities under both title II and title III. The Department extended the comment deadline by four months at the public’s request. Many of the commenters responded to questions posed specifically by the Department, including questions regarding the Department’s application of the 2004 ADAAG once adopted by the Department and the Department’s regulatory assessment of the costs and benefits of particular elements.

36.312 -- 36.399 [Reserved] 36.401 New construction. For example, a vessel operator whose vessel departs from Point A, takes passengers on a recreational trip, and returns passengers to Point A without ever providing for disembarkation at a Point B (a dinner or harbor cruise, a fishing charter) is a public accommodation operated by a private entity not primarily engaged in the business of transporting people.

Under this regulation, the Department of Justice covers passenger vessels operated by private entities not primarily engaged in the business of transporting people with respect to the provision of goods and services of a public accommodation on the vessel.

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To enhance accessibility strides made since the enactment of the ADA, commenters asked the Department to focus on previously unregulated areas, such as ticketing in assembly areas; reservations for hotel rooms, rental cars, and boat slips; and captioning. 13, 1998), and building elements designed for use by children, 63 FR 2060 (Jan. In 1999, based largely on the report and recommendations of the advisory committee, the Access Board issued a notice of proposed rulemaking (NPRM) to update and revise its ADA and ABA Accessibility Guidelines. In September of 2002, the Access Board set forth specific guidelines on recreation facilities. The Access Board received more than 2,500 comments from individuals with disabilities, affected industries, State and local governments, and others. Title II extends the prohibition on discrimination established by section 504 of the Rehabilitation Act of 1973, as amended, 29 U. In 1998, the Access Board added specific guidelines on State and local government facilities, 63 FR 2000 (Jan. The Access Board released an interim draft of its guidelines to the public on April 2, 2002, 67 FR 15509, in order to provide an opportunity for entities with model codes to consider amendments that would promote further harmonization. By the date of its final publication on July 23, 2004, the 2004 ADA/ABA Guidelines had been the subject of extraordinary review and public participation. Title II applies to State and local government entities, and, in Subtitle A, protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, and activities provided by State and local government entities. 794 (section 504), to all activities of State and local governments regardless of whether these entities receive Federal financial assistance. Development of the 2004 ADA/ABA Guidelines In 1994, the Access Board began the process of updating the 1991 ADAAG by establishing an advisory committee composed of members of the design and construction industry, the building code community, and State and local government entities, as well as individuals with disabilities. The Department is also amending its title II regulation, which prohibits discrimination on the basis of disability in State and local government services, concurrently with the publication of this rule in this issue of the Federal Register.

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