28 CFR Parts 35 and 36 Nondiscrimination on the Basis of Disability; Notice of Withdrawal of Four Previously Announced Rulemaking Actions

B. Accessibility of Equipment and Furniture

The Department initiated a review of accessibility of equipment and furniture on July 26, 2010, with the publication of an ANPRM to consider possible changes to requirements under titles II and III of the ADA to ensure that non-fixed equipment and furniture provided by covered entities are accessible to individuals with disabilities. 75 FR 43452. While some types of fixed equipment and furniture are explicitly covered by the ADA Standards for Accessible Design, see, e.g., 28 CFR 36.406(b), there are currently no specific provisions in the ADA regulations that include standards governing the accessibility of equipment and furniture that are not fixed. The Department has not published any rulemaking document regarding non-fixed equipment and furniture since the 2010 ANPRM.

The Department is reevaluating whether regulation of the accessibility of non-fixed equipment and furniture is necessary and appropriate. Accordingly, the Department is withdrawing the previously announced ANPRM entitled ‘‘Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture’’ (RIN 1190-AA64) (75 FR 43452).