[Federal Register Volume 62, Number 191 (Thursday, October 2, 1997)]
[Notices]
[Pages 51683-51684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25993]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Office of the Assistant Attorney General for Civil Rights
Certification of the Maine Human Rights Act Under the Americans
With Disabilities Act
AGENCY: Department of Justice.
ACTION: Notice of preliminary determination of equivalency and
certification hearings.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice (Department) has determined that the
State of Maine Human Rights Act, 5 MRSA Sec. 4553 et seq., as
implemented by the Maine Accessibility Regulations (together, the Maine
law), meets or exceeds the new construction and alterations
requirements of title III of the Americans with Disabilities Act of
1990 (ADA). The Department proposes to issue a final certification,
pursuant to 42 U.S.C. Sec. 12188(b)(1)(A)(ii) and 28 CFR Sec. 36.601 et
seq., which would constitute rebuttable evidence, in any enforcement
proceeding, that a building constructed or altered in accordance with
the Maine law meets or exceeds the requirements of the ADA. The
Department will hold informal hearings on the proposed certification in
Washington, D.C. and Augusta, Maine.
DATES: To be assured of consideration, comments must be in writing and
must be received on or before December 1, 1997. The hearing in Augusta,
Maine is scheduled for Friday, October 17, 1997 at 10:00 AM, Eastern
Time. The hearing in Washington, D.C. is scheduled for Tuesday,
December 2, 1997 at 2:00 PM, Eastern Time.
ADDRESSES: Comments on the preliminary determination of equivalency and
on the proposal to issue final certification of equivalency of the
Maine law should be sent to: John L. Wodatch, Chief, Disability Rights
Section, Civil Rights Division, U.S. Department of Justice, P.O. Box
66738, Washington, D.C. 20035-6738.
The hearings will be held at:
Augusta, Maine: Room 113, State Office Building, Augusta, Maine.
Washington, D.C.: Disability Rights Section, 1425 New York Avenue,
N.W., Suite 4039, Washington, D.C.
FOR FURTHER INFORMATION CONTACT: John L. Wodatch, Chief, Disability
Rights Section, Civil Rights Division, U.S. Department of Justice, P.O.
Box 66738, Washington, D.C. 20035-6738. Telephone number (800) 514-0301
(Voice) or (800) 514-0383 (TDD).
Copies of this notice are available in formats accessible to
individuals with vision impairments and may be obtained by calling
(800) 514-0301 (Voice) or (800) 514-0383 (TDD). Copies of the Maine law
and supporting materials may be inspected by appointment at 1425 New
York Avenue, N.W., Suite 4039, Washington, D.C. by calling Tito Mercado
at (202) 307-0663 (Voice/TDD). This is not a toll-free number.
SUPPLEMENTARY INFORMATION:
Background
The ADA authorizes the Department of Justice, upon application by a
State or local government, to certify that a State or local law that
establishes accessibility requirements meets or exceeds the minimum
requirements of title III of the ADA for new construction and
alterations. 42 U.S.C. Sec. 12188(b)(1)(A)(ii); 28 CFR Sec. 36.601 et
seq. Final certification constitutes rebuttable evidence, in any ADA
enforcement action, that a building constructed or altered in
accordance with the certified code complies with the new construction
and alterations requirements of title III of the ADA.
[[Page 51684]]
By letter dated July 21, 1995, the Maine Human Rights Commission
requested that the Department of Justice (Department) certify that the
Maine Human Rights Act, 5 MRSA Sec. 4553 et seq., as implemented by the
Maine Accessibility Regulations (together, the Maine law), meets or
exceeds the new construction and alterations requirements of title III
of the ADA.
The Department has analyzed the Maine law and has preliminarily
determined that it meets or exceeds the new construction and
alterations requirements of title III of the ADA. By letter dated
September 23, 1997, the Department notified the Maine Human Rights
Commission of its preliminary determination of equivalency.
Effect of Certification
The certification determination will be limited to the version of
the Maine law that has been submitted to the department. The
certification will not apply to amendments or interpretations that have
not been submitted and reviewed by the Department.
Certification will not apply to buildings constructed by or for
State or local government entities, which are subject to title II of
the ADA. Nor does certification apply to accessibility requirements
that are addressed by the Maine law that are not addressed by the ADA
Standards for Accessible Design.
Finally, certification does not apply to variances or waivers
granted under the Maine law. Therefore, if a builder receives a
variance, waiver, modification, or other exemption from the
requirements of the Maine law for any element of construction or
alternations, the certification determination will not constitute
evidence of ADA compliance with respect to that element.
Procedure
The department will hold informal hearings in Washington, D.C. and
Augusta, Maine to provide an opportunity for interested persons,
including individuals with disabilities, to express their views with
respect to the preliminary determination of equivalency of the Maine
law. Interested parties who wish to testify at a hearing should contact
Tito Mercado at (202) 307-0663 (Voice/TDD). This is not a toll-free
number.
The hearing sites will be accessible to individuals with
disabilities. Individuals who require sign language interpreters or
other auxiliary aids should contact Tito Mercado at (202) 307-0663
(Voice/TDD). This is not a toll-free number.
Dated: September 22, 1997.
Isabelle Katz Pinzler,
Acting Assistant Attorney General for Civil Rights.
[FR Doc. 97-25993 Filed 10-1-97; 8:45 am]
BILLING CODE 4410-13-M
