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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). (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. 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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36.213 Relationship of subpart B to subparts C and D of this part. Persons with questions about how this regulation applies to such operators and vessels may contact the Department of Justice or the Department of Transportation for guidance or further information.

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.

36.302 Modifications in policies, practices, or procedures. The provisions of this rule and 49 CFR part 39 are intended to be substantively consistent with one another.

36.214 -- 36.299 [Reserved] 36.301 Eligibility criteria. However, the Department of Justice has enforcement authority for all private entities under title III of the ADA, so individuals with complaints about noncompliance with part 39 should provide those complaints to the Department of Justice.

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