28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule

Sections 35.104 and 36.104—Definitions

The current title II and title III regulations include the definition of ‘‘disability’’ in regulatory sections that contain all enumerated definitions in alphabetical order. Given the expanded length of the definition of ‘‘disability’’ and the number of additional subsections required in order to give effect to the requirements of the ADA Amendments Act, the Department, in the NPRM, proposed moving the definition of ‘‘disability’’ from the general definitional sections at §§ 35.104 and 36.104 to a new section in each regulation, §§ 35.108 and 36.105, respectively.

The Department received no public comments in response to this proposal and the definition of ‘‘disability’’ remains in its own sections in the final rule.