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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. 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. 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. 17, 2003), available at (last visited June 24, 2010).

These amendments to the 1991 ADAAG have not been adopted previously by the Department as ADA Standards. On July 26, 1991, the Department issued rules implementing title II and title III, which are codified at 28 CFR part 35 (title II) and part 36 (title III).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. The extent to which the 2004 ADAAG is used with respect to the barrier removal requirement applicable to existing facilities under title III (as well as with respect to the program access requirement in title II) is within the sole discretion of the Department. By the end of the extended comment period, the Department had received more than 900 comments covering a broad range of issues. While underscoring that the Department, as a member of the Access Board, already had reviewed comments provided to the Access Board during its development of the 2004 ADAAG, the Department specifically requested public comment on the potential application of the 2004 ADAAG to existing facilities.

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