[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]


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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.

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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]
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