[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Notices]
[Pages 2532-2533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1259]
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DEPARTMENT OF JUSTICE
Disability Rights Section, Civil Rights Division; Information
Collection Under Review
The proposed information collection is published to obtain comments
from the public and affected agencies. Comments are encouraged and will
be accepted for ``sixty days'' from the date listed at the top of this
page in the Federal Register. Request written comments and suggestions
from the public and affected agencies concerning the proposed
collection of information. Your comments should address one or more of
the following four points:
(1) evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) evaluate the accuracy of the agencies estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) enhance the quality, utility, and clarity of the information to
be collected; and
(4) minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
If you have additional comments, suggestions, or need additional
information please contact Janet L. Blizard, Supervisory Attorney,
Disability Rights Section, Civil Rights Division, U.S. Department of
Justice, P.O. Box 66738, Washington, DC 20035-6738, or at (800) 514-
0301 (voice), (800) 514-0383 (TDD) (the Division's ADA Information
Line).
A complete copy of this notice and the Department of Justice
regulations are available in the following alternate formats: large
print, Braille, electronic file on computer disk, and audio-tape.
Copies may be obtained by calling (800) 514-0301 (Voice) or (800) 514-
0383 (TTY). The rule is also available on electronic bulletin board at
(202) 514-6193. These telephone numbers are not toll-free numbers.
The complete notice and the proposed rule is also available on the
Internet. They can be accessed with gopher client software
(gopher.usdoj.gov), through other gopher servers using the University
of Minnesota master gopher (under North America, USA, All, Department
of Justice), with World Wide Web software (http://www.usdoj.gov), or
through the White House WWW server (http://whitehouse.gov).
Supplementary Information: The revised information collection that
will be submitted to OMB for review will amend the requirement now
found at 28 CFR 35.150(d), the Department of Justice (Department)
regulation implementing title II of the Americans With Disabilities Act
of 1990, Public Law 101-336, 42 U.S.C. 12131-12134 (ADA). Title II
provides that a public entity may not deny the benefits of its
programs, activities, and services to individuals with disabilities
because its facilities are inaccessible. 28 CFR 35.149. Public entities
are required to make changes in their facilities when it is necessary
to ensure that individuals with disabilities are not excluded from
participating in programs because public entities' facilities are
inaccessible. This concept is known as ``program accessibility.'' Under
28 CFR 35.150(d), a public entity that employs 50 or more persons is
required to develop a transition plan for the implementation of title
II if structural changes to facilities will be undertaken to achieve
program accessibility. Transition plans were required to be completed
within six months of January 26, 1992.
The maintenance of pedestrian walkways by public entities is a
covered program that is required to be made accessible by the
installation of curb ramps where pedestrian walkways cross curbs.
Because of the unique and significant capital expense involved in the
installation of curb ramps where existing pedestrian routes cross
curbs, the Department is proposing to amend the title II regulation to
provide additional time for public entities to meet their obligation to
provide access to public pedestrian walkways and to require public
entities that elect to take advantage of this extension to revise their
current transition plans to establish a revised schedule for the
installation of curb ramps to existing pedestrian walkways. The
proposed rule would amend 28 CFR 35.150 to revise paragraphs 35.150.(c)
and (d)(2) to read as follows:
Sec. 35.150 Existing Facilities
* * * * *
(c)(1) Time period for compliance. Except as provided in paragraph
(2), where structural changes in facilities are undertaken to comply
with the obligations established under this section, such changes shall
be made no later than January 26, 1995, but in any event as
expeditiously as possible.
(2)(i) A public entity shall comply with the obligations of this
section relating to provision of curb ramps or other sloped areas where
existing public pedestrian walkways cross curbs at locations serving
State and local government offices and facilities, transportation,
places of public accommodation, employers, and the residences of
individuals with disabilities no later than January 26, 2000, but in
any event as expeditiously as possible.
(ii) A public entity shall comply with the obligations of this
section relating to provision of curb ramps or other sloped areas where
existing public pedestrian walkways cross curbs at areas not subject to
paragraph (i) of this section no later than January 26, 2005, but in
any event as expeditiously as possible.
(d)(1) * * *
(d)(2) If a public entity has responsibility or authority over
streets, roads, or walkways, its transition plan shall include a
specific schedule for the installation of curb ramps or other sloped
areas where pedestrian walkways cross curbs that complies with the
requirements of paragraphs (c)(2)(i) and (c)(2)(ii).
Transition plans are required to identify physical obstacles in the
public entity's facilities that limit the accessibility of its programs
or activities to individuals with disabilities; describe in detail the
methods that will be used to make the facilities accessible; specify
the schedule for taking the steps necessary to achieve compliance with
[[Page 2533]]
this section and, if the time period of the transition plan is longer
than one year, identify steps that will be taken during each year of
the transition period; and indicate the official responsible for
implementation of the plan. If a public entity has already complied
with the transition plan requirement of a Federal agency regulation
implementing section 504 of the Rehabilitation Act of 1973, or it has
previously developed a transition plan to implement title II, the
revised transition plan requirements apply only to those policies and
practices that were not included in the previous transition plan(s).
Public entities are required to provide an opportunity to
interested persons, including individuals with disabilities or
organizations representing individuals with disabilities, to
participate in the development of transition plans and they are
required to make a copy of the transitions plan available for public
inspection.
Overview of this information collection:
(1) Type of Information Collection: Revision of a currently
approved collection.
(2) Title of the Form/Collection: Nondiscrimination on the Basis of
Disability in State and Local Government services. (Transition Plan).
(3) Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: Form: None. Disability
Rights Section, Civil Rights Division, United States Department of
Justice.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: State, Local or Tribal Government.
Other: None. Under title II of the Americans with Disabilities Act
(ADA), State and Local governments cannot discriminate against
individuals with disabilities in operating services, programs, and
activities. If physical changes to existing facilities are required to
achieve program access, public entities that have 50 or more employees
must prepare a transition plan and make it available for public
inspection. This proposed amendment to the current transition plan
requirement applies only to those public entities that have 50 or more
employees, that have responsibility or authority over streets, roads,
walkways, and that choose to take advantage of the extensions of time
provided by the proposed rule.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: 10,000
responses (public entities) at 2 hours per response.
(6) An estimate of the total public burden (in hours) associated
with the collection: 20,000 annual burden hours at $10 per hour for a
total burden cost of $200,000.
If additional information is required contact: Mr. Robert B.
Briggs, Clearance Officer, United States Department of Justice, Systems
Policy Staff, Justice Management Division, Suite 850, Washington
Center, 1001 G Street, NW, Washington, DC 20530.
Dated: January 22, 1996.
Robert B. Briggs,
Department Clearance Officer, United States Department of Justice.
[FR Doc. 96-1259 Filed 1-25-96; 8:45 am]
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