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Proposed Sec. 36.406(b) is not included in the final rule. That
provision, which would have taken effect only if the final rule had
followed the proposed Option Two for Sec. 36.401(a), is unnecessary
because the Department has chosen Option One, as explained in the
preamble for that section.
Section 504(a) of the ADA requires the ATBCB to issue minimum
guidelines to supplement the existing Minimum Guidelines and
Requirements for Accessible Design (MGRAD) (36 CFR part 1190) for
purposes of title III. According to section 504(b) of the Act, the
guidelines are to establish additional requirements, consistent with the
Act, to ensure that buildings and facilities are accessible, in terms
of architecture and design, . . . and communication, to individuals with
disabilities. Section 306(c) of the Act requires that the
accessibility standards included in the Department's regulations be
consistent with the minimum guidelines, in this case ADAAG.
(Just notes)
