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36.507 Effect of unavailability of technical assistance. 36.509 -- 36.599 [Reserved] ) 36.604 Procedure following preliminary determination of equivalency. 36.605 Procedure following preliminary determination of equivalency (Redesignated from 36.606). Concurrently with the publication of the final rule for title III, the Department is publishing a final rule amending its ADA title II regulation, which covers nondiscrimination on the basis of disability in State and local government services. This rule is also available in an accessible format on the ADA Home Page at . Originally, the Access Board was established to develop and maintain accessibility guidelines for facilities designed, constructed, altered, or leased with Federal dollars under the Architectural Barriers Act of 1968 (ABA). The ADA broadly protects the rights of individuals with disabilities in employment, access to State and local government services, places of public accommodation, transportation, and other important areas of American life. Chapters 3 through 10 of the 2004 ADA/ABA Guidelines provide uniform technical specifications for facilities subject to either the ADA or the ABA. The Department is issuing this final rule in order to adopt enforceable accessibility standards under the Americans with Disabilities Act of 1990 (ADA) that are consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board, and to update or amend certain provisions of the title III regulation so that they comport with the Department’s legal and practical experiences in enforcing the ADA since 1991. Blizard, Deputy Chief, or Christina Galindo-Walsh, Attorney Advisor, Disability Rights Section, Civil Rights Division, U. Department of Justice, at (202) 307–0663 (voice or TTY). Information may also be obtained from the Department’s toll-free ADA Information Line at (800) 514–0301 (voice) or (800) 514–0383 (TTY). The Board consists of 13 public members appointed by the President, the majority of whom must be individuals with disabilities, and the heads of 12 Federal departments and agencies specified by statute, including the heads of the Department of Justice and the Department of Transportation (DOT). The ADA requires the Access Board to ‘‘issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of subchapters II and III of this chapter * * * to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities.’’ 42 U. Enactment of the ADA and Issuance of the 1991 Regulations On July 26, 1990, President George H. Bush signed into law the ADA, a comprehensive civil rights law prohibiting discrimination on the basis of disability. ABA Chapter 1 and ABA Chapter 2 provide scoping requirements for facilities subject to the ABA (facilities designed, built, altered, or leased with Federal funds). In support of this effort, the Department is amending its regulation implementing title III and adopting standards consistent with ADA Chapter 1, ADA Chapter 2, and Chapters 3 through 10 of the 2004 ADA/ABA Guidelines. Title III, which this rule addresses, prohibits discrimination on the basis of disability in the activities of places of public accommodation (businesses that are generally open to the public and that fall into one of 12 categories listed in the ADA, such as restaurants, movie theaters, schools, day care facilities, recreation facilities, and doctors’ offices) and requires newly constructed or altered places of public accommodation—as well as commercial facilities (privately owned, nonresidential facilities such as factories, warehouses, or office buildings)—to comply with the ADA Standards. The Access Board’s publication of the 2004 ADA/ABA Guidelines was the culmination of a long-term effort to facilitate ADA compliance by eliminating, to the extent possible, inconsistencies among Federal accessibility requirements and between Federal accessibility requirements and State and local building codes. (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.

36.310 Transportation provided by public accommodations. This regulation covers those aspects of the vessel’s operation relating to the use and enjoyment of the public accommodation, including, for example, the boarding process, safety policies, accessible routes on the vessel, and the provision of effective communication. 17, 2003), available at (last visited June 24, 2010). 36.207 Places of public accommodations located in private residences. The Department’s Rulemaking History The Department published an advance notice of proposed rulemaking (ANPRM) on September 30, 2004, 69 FR 58768 for two reasons: (1) To begin the process of adopting the 2004 ADAAG by soliciting public input on issues relating to the potential application of the Access Board’s revisions once the Department adopts them as revised standards; and (2) to request background information that would assist the Department in preparing a regulatory analysis under the guidance provided in Office of Management and Budget (OMB) Circular A–4 sections D (Analytical Approaches) and E (Identifying and Measuring Benefits and Costs) (Sept. 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. 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. 12134(c), 12186(c), but vests in the Attorney General sole responsibility for the promulgation of those standards that fall within the Department’s jurisdiction and enforcement of the regulations. The Department was involved extensively in the development of the 2004 ADA/ABA Guidelines. Section 306(b) directs the Attorney General to promulgate regulations to carry out the provisions of the rest of title III. The Access Board provided further opportunity for participation by holding public hearings. A vessel operator whose vessel takes passengers from Point A to Point B (a cruise ship that sails from Miami to one or more Caribbean islands, a private ferry boat between two points on either side of a river or bay, a water taxi between two points in an urban area) is most likely a private entity primarily engaged in the business of transporting people. Vessels operated by private entities primarily engaged in the business of transporting people and that provide the goods and services of a public accommodation are covered by this regulation and the Department of Transportation’s passenger vessel rule, 49 CFR part 39.

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