; and (ii) a failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals who have not received a COVID–19 vaccine, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations. (3) Specific construction Nothing in this title shall require an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of such entity where such individual poses a direct threat to the health or safety of others. The term direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by physical distancing, wearing a mask, or wearing personal protective equipment. (c) Distancing and PPE Notwithstanding any other provision of this section, an individual shall not be considered to be discriminated against on the basis of vaccination status in violation of this section if that individual is required to engage in physical distancing, wear a mask, or wear personal protective equipment. 213. Prohibition of discrimination in specified public transportation services provided by private entities (a) General rule No individual shall be discriminated against on the basis of vaccination status, or the individual’s unwillingness or inability to present a vaccine passport or other proof of vaccinations status, in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce. (b) Construction For purposes of subsection (a), discrimination includes— (1) the imposition or application by an entity described in subsection (a) of eligibility criteria that screens out