35.150 unless doing so is an undue financial and administrative burden in accordance with Sec. A covered title II entity may not use the disproportionality exception contained in the path of travel provisions as a defense to providing an accessible route as part of its obligation to provide program accessibility.The undue financial and administrative burden standard does not contain any bright line financial tests. 35.151(b)(4) adopted the language now contained in Sec.Nor are restroom areas considered to contain a primary function unless the provision of restrooms is a primary purpose of the facility, such as at a highway rest stop.In that situation, a restroom would be considered to be an “area containing a primary function” of the facility.Section 35.151(b)(4)(iii) of the final rule establishes the criteria for determining when the cost of alterations to the path of travel is “disproportionate” to the cost of the overall alteration.The NPRM also provided that areas such as supply storage rooms, employee lounges and locker rooms, janitorial closets, entrances, and corridors are not areas containing a primary function.See 28 CFR part 36, app A., section 4.1.6(a) (2009). 12183(a)(2), which provides that when an entity undertakes an alteration to a place of public accommodation or commercial facility that affects or could affect the usability of or access to an area that contains a primary function, the entity shall ensure that, to the maximum extent feasible, the path of travel to the altered area--and the restrooms, telephones, and drinking fountains serving it--is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. 35.151 to add both the path of travel requirements and the exemption relating to barrier removal (as modified to apply to the program accessibility standard in title II) that are contained in the title III regulation to the title II regulation. 35.151(b)(4) contained the requirements for path of travel. 35.151(b)(2) stated that the path of travel requirements of Sec.
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36.403 of the title III regulation, including the disproportionality limitation (i.e., alterations made to provide an accessible path of travel to the altered area would be deemed disproportionate to the overall alteration when the cost exceeds 20 percent of the cost of the alteration to the primary function area). 35.151(b)(2) provided that the path of travel requirements do not apply to alterations undertaken solely to comply with program accessibility requirements.
The Department received a substantial number of comments objecting to the Department's adoption of the exemption for the path of travel requirements when alterations are undertaken solely to meet program accessibility requirements.
285-74 Pole Line Hardware: Anchors, Arms, Bolts, Braces, Brackets, Clevises, Connections, Insulators, Plates, Pole Steps, Racks, Rods, Shackles, Straps, Thimbles, Washers, etc.
(See 765-95 for Wire Rope Accessories) 285-81 Tools and Accessories, Electricians'and Lineman's (Including Cable Fault Locators, Cable Pullers, Press Boosters and Heads, Hotsticks, Testing Equip.