Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture

Docket ID: DOJ-CRT-2010-0008
Agency: Department of Justice (DOJ)

The ADA requires State and local governments and public accommodations to provide programs, activities, and services in a manner that is accessible to persons with disabilities, including non-fixed equipment and furniture that is used in the delivery of programs, activities, and services. The ADA also requires that covered entities communicate effectively with persons with disabilities and provide appropriate auxiliary aids and services. While some types of fixed equipment and furniture are explicitly covered by the 2010 Standards for Accessible Design, there are no specific provisions in the ADA regulations that include standards governing the accessibility of equipment and furniture that are not fixed. See, e.g., 28 CFR 36.406(b) (the 1991 and 2010 Standards apply to fixed or built-in elements of buildings and structures). Because the 2010 ADA Standards include accessibility requirements for some types of fixed equipment (e.g., ATMs, washing machines, dryers, tables, benches and vending machines), the Department plans to look to these standards for guidance, where applicable, when it proposes accessibility standards for equipment and furniture that is not fixed. On July 26, 2010, the Department published an Advanced Notice of Proposed Rulemaking (ANPRM) to consider possible changes to requirements under titles II and III of the ADA to ensure that equipment and furniture used in programs and services provided by public entities and public accommodations are accessible to individuals with disabilities. See RIN 1190-AA64. In the 2010 ANPRM the Department sought public input on possible revisions to its ADA regulations to ensure the accessibility of equipment and furniture in such programs and services, and also sought background information for the regulatory assessment that would be needed for the Department to revise its regulations. The 2010 ANPRM addressed the following broad categories of equipment and furniture: medical equipment and furniture, exercise equipment and furniture, accessible golf cars, beds in accessible guest rooms and sleeping rooms, beds in nursing homes and other care facilities, and electronic and information technology; and inquired about the necessity for accessibility of other types of equipment and furniture. The comment period on the 2010 ANPRM closed on January 24, 2011. This was the initial step in the Department's rulemaking process on accessible equipment and furniture. The Department intends to proceed in several stages to revise the title II and title III regulations to address the accessibility requirements for equipment and furniture addressed in the initial 2010 ANPRM. As noted in separate agenda review reports, the Department intends to proceed with a separate NPRM on medical equipment and furniture and an NPRM on hotel beds in guestrooms with mobility features in places of lodging. These categories of equipment and furniture were included in the 2010 ANPRM. The timetable listed below for the next step in the rulemaking process includes all of the remaining categories of equipment and furniture from the 2010 ANPRM, RIN 1190-AA64.

RIN: 1190-AA64
Impacts and Effects: Small Entities (Business, Governmental Jurisdictions, Organizations)
CFR Citation: 28 CFR 35,28 CFR 36
Priority: Other Significant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Spring 2016
Agenda Stage of Rulemaking: Long-term Action
Major Rule: No
Legal Authorities: 42 U.S.C. 12101 et seq.
Legal Deadlines: None
Government Levels Affected: Local, State
Federalism Implications: Undetermined
Unfunded Mandates: No
Requires Regulatory Flexibility Analysis: Undetermined
Small Entities Affected: Business, Governmental Jurisdictions, Organizations
International Impacts: No
Energy Effects: No
Included in Regulatory Plan: No
ActionDateFR Citation
ANPRM07/26/201075 FR 43452
ANPRM Comment Period End01/24/2011
Docket Details open glossary dialog  
Related RINs: None
Related Dockets: None
Type: Rulemaking

Primary Documents

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Comment Period Closed
Jan 24, 2011 11:59 PM ET
Proposed Rule
Posted: 07/26/2010
ID: DOJ-CRT-2010-0008-0001

Supporting Documents

No documents available.


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Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Long Term Action
Current Stage
Agency Contact
Rebecca B. Bond
800 514-0301
Disability Rights Section, 950 Pennsylvania Avenue NW.
Washington, DC 20530
*This count refers to the total comment/submissions received on this docket, as of 11:59 PM yesterday. Note: Agencies review all submissions, however some agencies may choose to redact, or withhold, certain submissions (or portions thereof) such as those containing private or proprietary information, inappropriate language, or duplicate/near duplicate examples of a mass-mail campaign. This can result in discrepancies between this count and those displayed when conducting searches on the Public Submission document type. For specific information about an agency’s public submission policy, refer to its website or the Federal Register document.