28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)

Specific areas of dispute. (Section-by-Section Analysis)

Commenters expressed specific concern with the application of a safe harbor to four discrete areas:  reach ranges, ATMs, seating in assembly areas, and access to swimming pools.  Part of the reason the Department received so many comments about reach ranges and swimming pools may owe to the fact that the Department used these requirements in its ANPRM in order to illustrate the application of a safe harbor.  With the exception of swimming pools, which are discussed below in § 36.304(d)(4)(ii), these concerns are addressed, in turn, in the following paragraphs.