[Federal Register Volume 63, Number 2 (Monday, January 5, 1998)]
[Notices]
[Pages 259-260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-149]


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DEPARTMENT OF JUSTICE


Office of the Assistant Attorney General for Civil Rights; 
Certification of the State of Maine Accessibility Regulations Under the 
Americans with Disabilities Act

AGENCY: Department of Justice.

ACTION: Notice of certification.

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SUMMARY: The Department of Justice has certified that the Maine Human 
Rights

[[Page 260]]

Act, 5 MRSA Sec. 4553 et seq., as implemented by the Maine 
Accessibility Regulations, meets or exceeds the new construction and 
alterations requirements of title III of the Americans with 
Disabilities Act (ADA).

DATE: January 5, 1998.

ADDRESSES: Inquiries may be addressed to: John L. Wodatch, Chief, 
Disability Rights Section, Civil Rights Division, U.S. Department of 
Justice, P.O. Box 66738, Washington, DC 20035-6738.

FOR FURTHER INFORMATION CONTACT:
John L. Wodatch, Chief, Disability Rights Section, Civil Rights 
Division, U.S. Department of Justice, P.O. Box 66738, Washington, DC 
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).

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. 
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.
    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 section 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 analyzed the Maine law, and made a preliminary 
determination 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.
    On October 2, 1997, the Department published notices in the Federal 
Register announcing its preliminary determination of equivalency and 
requesting public comments thereon. The period for submission of 
written comments ended on December 1, 1997. In addition, the Department 
held public hearings in Augusta, Maine on October 17, 1997, and in 
Washington, DC on December 2, 1997.
    Three individuals submitted comments. Commenters were disability-
rights advocates and an architect. The Department has analyzed all of 
the submitted comments and has consulted with the U.S. Architectural 
and Transportation Barriers Compliance Board.
    Two of the comments supported certification of the Maine law. One 
comment, while not opposing certification of the Maine law, inquired 
whether the Maine law's coverage of churches (if the building or 
facility is open to the public for any reason) is different from the 
ADA. Because coverage of churches is neither required nor prohibited by 
the ADA, such coverage does not preclude certification.
    Based on these comments, the Department has determined that the 
Maine law is equivalent to the new construction and alterations 
requirements of title III of the ADA. Therefore, the Department has 
informed the submitting official of its decision to certify the Maine 
law.

Effect of Certification

    The certification determination is 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 
alterations, the certification determination will not constitute 
evidence of ADA compliance with respect to that element.

    Dated: December 12, 1997.
Isabelle Katz Pinzler,
Acting Assistant Attorney General for Civil Rights.
[FR Doc. 98-149 Filed 1-2-98; 8:45 am]
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