[Federal Register: August 15, 2003 (Volume 68, Number 158)]
[Notices]
[Page 48939-48940]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15au03-98]
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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 Linda.Garrett@usdoj.gov.
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 Linda.Garrett@usdoj.gov. 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 Linda.Garrett@usdoj.gov. 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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