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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.

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

Because the Department has adopted the 2004 ADAAG as part of its title II and title III regulations, once the Department’s final rules become effective, the 2004 ADAAG will have legal effect with respect to the Department’s title II and title III regulations and will cease to be mere guidance for those areas regulated by the Department. With respect to those areas regulated by DOT, these guidelines, as adopted by DOT, have had legal effect since 2006.

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.

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.

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.

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.

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