[Federal Register Volume 68, Number 158 (Friday, August 15, 2003)]
[Notices]
[Pages 48939-48940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20795]


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DEPARTMENT OF JUSTICE


Office of the Assistant Attorney General for Civil Rights; 
Certification of the Maryland Accessibility Code Under the Americans 
With Disabilities Act

AGENCY: Department of Justice.

ACTION: Notice of preliminary determination of equivalency, the period 
for submitting public comments and the hearing in Maryland on the 
proposed determination of equivalency.

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SUMMARY: The Department of Justice (Department) has determined that the 
Maryland Accessibility Code, under .05.02.02 of the Code of Maryland 
Regulations (COMAR), as adopted pursuant to Article 83B, section 6-102 
of the Annotated Code of Maryland (together, the Maryland 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. 12188(b)(1)(A)(ii) and 28 CFR 36.601 et seq., which would 
constitute rebuttable evidence, in any enforcement proceeding, that a 
building constructed or altered in accordance with the Maryland law 
meets or exceeds the requirements of the ADA. The Department invites 
public comment on the proposed certification determination and will 
hold an informal hearing on the proposed determination in Ellicott 
City, Maryland.

DATES: To be assured of consideration, comments must be in writing and 
must be received on or before October 14, 2003. The hearing in Ellicott 
City, Maryland is scheduled for Thursday, September 4, 2003, at 1 p.m., 
Eastern Time.

ADDRESSES: Comments on the preliminary determination of equivalency and 
on the proposal to issue final certification of equivalency of the 
Maryland law should be sent to: John L. Wodatch, Chief, Disability 
Rights Section, Civil Rights Division, U.S. Department of Justice, 950 
Pennsylvania Avenue, NW., 1425 NYA Building, Washington, DC 20530.
    The hearing in Maryland will be held at the office of the Maryland 
Department of Community Development located at: The Banneker Room, 
George Howard Building/Howard County Office Complex, Ellicott City, MD 
21043.

FOR FURTHER INFORMATION CONTACT: John L. Wodatch, Chief, Disability 
Rights Section, Civil Rights Division, U.S. Department of Justice, 950 
Pennsylvania Avenue, NW., 1425 NYA Building, Washington, DC 20530. 
Telephone number (800) 514-0301 (Voice) or (800) 514-0383 (TTY).
    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 (TTY). Copies of the Maryland 
law and supporting materials may be inspected by appointment at 1425 
New York Avenue, NW., Suite 4039, Washington, DC by calling Linda 
Garrett at (202) 353-0423 TTY, or by e-mail at [email protected].

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. 12188(b)(1)(A)(ii); 28 CFR 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.
    The Maryland Department of Housing and Community Development 
requested that the Department of Justice (Department) certify that the 
Maryland Accessibility Code, under .05.02.02 of the Code of Maryland 
Regulations (COMAR), as adopted pursuant to Article 83B, section 6-102 
of the Annotated Code of Maryland (together, the Maryland law), meets 
or exceeds the new construction and alterations requirements of title 
III of the ADA.
    The Department has analyzed the Maryland 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 May 
29, 2003, the Department notified the Maryland Department of Housing 
and Community Development of its preliminary determination of 
equivalency.
    Effect of Certification: The certification determination will be 
limited to the version of the Maryland law that has been submitted to 
the Department. The certification will not apply to amendments or 
interpretations

[[Page 48940]]

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 Maryland law that are not addressed by the 
ADA Standards for Accessible Design.
    Finally, certification does not apply to variances or waivers 
granted under the Maryland law. Therefore, if a builder receives a 
variance, waiver, modification, or other exemption from the 
requirements of the Maryland law for any element of construction or 
alterations, the certification determination will not constitute 
evidence of ADA compliance with respect to that element.
    Procedure: The Department will review comments received from the 
public regarding the proposed determination and, during the 60-day 
comment period, will hold an informal hearing in Maryland 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 Maryland law. Interested parties 
who wish to testify at the hearing should contact Linda Garrett at 
(202) 353-0423 TTY or by e-mail at [email protected].
    The hearing site will be accessible to individuals with 
disabilities. Individuals who require sign language interpreters or 
other auxiliary aids should contact Linda Garrett at (202) 353-0423 
TTY, or by e-mail at [email protected]. A notice of at least four 
days before the hearing date would be greatly appreciated if 
individuals require sign language interpreters or other auxiliary aids.

    Dated: August 8, 2003.
J. Michael Wiggins,
Acting Assistant Attorney General for Civil Rights.
[FR Doc. 03-20795 Filed 8-14-03; 8:45 am]
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