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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. 36.406 Standards for new construction and alterations. For the purposes of this part, the Department’s revised standards are entitled ‘‘The 2010 Standards for Accessible Design’’ and consist of the 2004 ADAAG and the requirements contained in subpart D of 28 CFR part 36. Consequently, in interpreting the application of this rule to vessel operators who are private entities not primarily engaged in the business of transporting people, the Department of Justice views the obligations of those vessel operators as being similar to those of private entities primarily engaged in the business of transporting people under the provisions of 49 CFR part 39.

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.