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Section 36.402(c) is, therefore, essentially unchanged from the
proposed rule. At the recommendation of a commenter, the Department has
inserted the word virtually to modify impossible to conform to
the language of the legislative history. It explains that the phrase
to the maximum extent feasible as used in this section applies to
the occasional case where the nature of an existing facility makes it
virtually impossible to comply fully with applicable accessibility
standards through a planned alteration. In the occasional cases in which
full compliance is impossible, alterations shall provide the maximum
physical accessibility feasible. Any features of the facility that are
being altered shall be made accessible unless it is technically
infeasible to do so. If providing accessibility in conformance with this
section to individuals with certain disabilities (e.g., those who use
wheelchairs) would not be feasible, the facility shall be made
accessible to persons with other types of disabilities (e.g., those who
use crutches or who have impaired vision or hearing, or those who have
other types of impairments).
(Just notes)
