[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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