04-7321. Agency Information Collection Activities Under Review

ACTION:

30-day notice of information collection under review: Title II of the Americans With Disabilities Act of 1990/section 504 of the Rehabilitation Act of 1973, Discrimination Complaint Form.

The Department of Justice, Civil Rights Division, has submitted the following information collection request to the Office of Management and Budget for review and approval in accordance with the Paperwork Reduction Act of 1995. The information collection extension is published to obtain comments from the public and affected agencies. The proposed information collection was previously published in the Federal Register on January 6, 2004, at volume 69, number 3, pages 683-684, allowing for a 60-day public comment period.

The purpose of this notice is to allow an additional 30 days for public comment. Comments are encouraged and will be accepted until May 3, 2004. This process is conducted in accordance with 5 CFR 1320.10.

Written comments and/or suggestions are requested 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 collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility;

(2) Evaluate the accuracy of the agency's estimate of the burden of the collection of information;

(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).

Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time should be directed to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs, Attention: Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to [phone].

The information collection is listed below:

(1) Type of Information Collection: Extension of Currently Approved Collection.

(2) The Tile of the Form/Collection: Title II of the Americans with Disabilities Act/Section 504 of the Rehabilitation Act of 1973 Discrimination Complaint Form.

(3) The Agency Form Number and Applicable Component of the Department Sponsoring the Collection: No form number. Disability rights Section, Civil Rights Division, U.S. Department of Justice.

(4) Affected Public who will be Asked to Respond, as well as a Brief Abstract: Primary: Individuals alleging discrimination by public entities based on disability. Under title II of the Americans with Disabilities Act, an individual who believes that he or she has been subjected to discrimination on the basis of disability by a public entity may, by himself or herself or by an authorized representative, file a complaint. Any Federal agency that receives a complaint of discrimination by a public entity is required to review the complaint to determine whether it has jurisdiction under section 504. If the agency does not have jurisdiction, it must determine whether it is the designated agency responsible for complaints filed against that public entity. If the agency does not have jurisdiction under section 504 and is not the designated agency, it must refer to the complaint to the Department of Justice. The Department of Justice then must refer the complaint to the appropriate agency.

(5) An Estimate of the Total Number of Respondents and the Amount of Time Estimated for an Average Respondent to Respond: 5,000 respondents per year at 0.75 hours per complaint form.

(6) An Estimate of the Total Public Burden (in Hours) Associated with the Collection: 3,750 hours annual burden.

FOR FURTHER INFORMATION CONTACT:

Mr. Robert B. Briggs, Department Clearance Officer, Unites States Department of Justice, Policy and Planning Staff, Justice Management Division, Patrick Henry Building, Suite 1600, 601 D. Street, NW., Washington, DC 20530.

Dated: March 29, 2004.

Robert B. Briggs,

Department of Clearance Officer, United States Department of Justice.