Federal Register / Vol. 63, No. 110 /Tuesday, June 9, 1998 / Notices 31523

Lincoln County

Union Church, E. side ME 32, .05 miles S.

of jct. with Back Shore Rd., Round Pond,

98000723

Oxford County

Middle Intervale Meeting House and

Common, 757 Intervale Rd., Bethel

vicinity, 98000721

Piscataquis County

Observer Building, 126 Union Sq., DoverFoxcroft, 98000724

MINNESOTA

Hennepin County

Westminster Presbyterian Church, 83 12th St.

S., Minneapolis, 98000716

Koochiching County

Bridge No. 5721 (Iron and Steel Bridges in

Minnesota MPS) MN 65 over Little Fork R.,

Silverdale vicinity, 98000717

Meeker County

Bridge No. 5388 (Iron and Steel Bridges in

Minnesota MPS) MN 24 over North Fork

Crow R., Kingston vicinity, 98000718

Rice County

Bridge No. 8096 (Reinforced-Concrete

Highway Bridges in Minnesota MPS) MN

19 over Spring Cr., Northfield, 98000719

St. Louis County

Bridge No. 5757 (Iron and Steel Bridges in

Minnesota MPS) MN 23 over Mission Cr.,

Duluth, 98000720

MISSOURI

St. Louis Independent City Cupples

Warehouse District, Roughly Spruce and

Clark Sts. between Seventh and Eleventh

Sts., St. Louis (Independent City),

85003615

NORTH CAROLINA

Forsyth County

Brown, W.C., Apartment Building (AfricanAmerican Neighborhoods in Northeastern

Winston-Salem MPS) 311–317 E. 7th St.,

Winston-Salem, 98000725

Craver Apartment Building (AfricanAmerican Neighborhoods in Northeastern

Winston-Salem MPS) 706–712 Chestnut

St., Winston-Salem, 98000726

Goler Memorial African Methodist Episcopal

Zion Church (African-American

Neighborhoods in Northeastern Winston

Salem MPS) 630 Patterson Ave., WinstonSalem, 98000727

Lloyd Presbyterian Church (AfricanAmerican Neighborhoods in Northeastern

Winston-Salem MPS) 748 Chestnut St.,

Winston-Salem, 98000728

Robinson, A., Building (African-American

Neighborhoods in Northeastern WinstonSalem MPS) 707–709 Patterson Ave.,

Winston-Salem, 98000729

Haywood County

Smathers, Frank, House, 724 Smathers St.,

Waynesville, 98000730

Polk County

Friendly Hills, 140 Country Club Rd., Tryon

vicinity, 98000731

OHIO

Lucas County

Madison Avenue Historic District, Roughly

bounded by Madison, Adams and Huron

Sts., Toledo, 86003829

OKLAHOMA

Lincoln County

Prague City Hall and Jail, 1116 Jim Thorpe

Blvd., Prauge, 98000732

McIntosh County

Checotah City Hall, 201 N. Broadway,

Checotah, 98000733

Okfuskee County

Okemah Armory, 405 N. 6th St., Okemah,

98000734

TEXAS

Tarrant County Original Town Residential

Historic District (Grapevine MPS) Roughly

bounded by Texas, Austin, Hudgins and

Jenkins Sts., Grapevine, 98000736

VIRGINIA

Alleghany County

Luke Mountain Historic District, Luke

Mountain Rd., Covington vicinity,

98000737

Rosedale Historic District, Roughly bounded

by US 60, Jackson R. and Luke’s Mountain,

Covington vicinity, 98000738

Richmond Independent City Grace Street

Commercial Historic District, Roughly

bounded by Adams, Broad, 8th and

Franklin Sts., Richmond, 98000739

[FR Doc. 98–15300 Filed 6–8–98; 8:45 am]

BILLING CODE 4310–70–P

DEPARTMENT OF JUSTICE

Office of the Assistant Attorney

General for Civil Rights; Certification

of the State of Florida Accessibility

Code for Building Construction Under

the Americans With Disabilities Act

AGENCY: Department of Justice.

ACTION: Notice of certification.

SUMMARY: The Department of Justice has

certified that the Florida Americans

with Disabilities Accessibility

Implementation Act, Florida Statutes

§§ 553.501–553.514, as implemented by

the Florida Accessibility Code for

Building Construction, meets or exceeds

the new construction and alterations

requirements of title III of the

Americans with Disabilities Act (ADA).

DATES: June 9, 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 February 2, 1994, the

Florida Department of Community

Affairs requested that the Department of

Justice (Department) certify that the

Florida Americans with Disabilities

Accessibility Implementation Act,

Florida Statutes §§ 553.501–553.514, as

implemented by the Florida

Accessibility Code for Building

Construction (together, the ‘‘Florida

law’’), meets or exceeds the new

construction and alterations

requirements of title III of the ADA.

The Department analyzed the Florida

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 30, 1997, the

Department notified the Florida

Department of Community Affairs of its

preliminary determination of

equivalency.

On October 23, 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 22, 1997.

In addition, the Department held public

hearings in Orlando, Florida on

December 19, 1997, and in Washington,

DC on December 22, 1997.

Ten individuals submitted comments.

The commenters included government

officials, disability rights advocates,

design professionals, and other

interested individuals. The Department

has analyzed all of the submitted

comments and has consulted with the
31524 Federal Register / Vol. 63, No. 110 /Tuesday, June 9, 1998 / Notices

U.S. Architectural and Transportation

Barriers Compliance Board.

The majority of the comments

supported certification of the Florida

law. Three commenters, while not

opposing certification of the Florida

law, suggested that there exists a

conflict between the Florida law and the

ADA because section 553.509 of the

Florida Statutes and sections 4.1.2,

4.1.3, 4.1.6 and 5.4 of the Florida

Accessibility Code for Building

Construction (Code) exempt from the

requirement of vertical accessibility

‘‘[o]ccupiable spaces and rooms that are

not open to the public and that house

no more than five persons * * * ’’ (e.g.,

equipment control rooms, projection

booths) whereas the ADA Standards for

Accessible Design (Standards) may

require vertical accessibility (e.g., work

areas). Because section 553.509 of the

Florida Statutes and sections 4.1.2,

4.1.3, 4.1.6 and 5.4 of the Florida Code

provide that ‘‘buildings, structures, and

facilities must, at a minimum, comply

with the requirements’’ of the ADA

Standards, and because sections 4.1.2,

4.1.3, 4.1.6 and 5.4 of the Florida Code

further provide that ‘‘facilities subject to

the ADA may be required to provide

vertical access to areas otherwise

exempt under 4.1.3(5)(3)’’ of the Florida

Code, there is no conflict between the

Florida law and the ADA.

One comment opposed certification

on the ground that the Florida law

exempts churches. 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

Florida 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 Florida law.

Effect of Certification

The certification determination is

limited to the version of the Florida 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

Florida law that are not addressed by

the ADA Standards.

Finally, certification does not apply to

variances or waivers granted under the

Florida law. Therefore, if a builder

receives a variance, waiver,

modification, or other exemption from

the requirements of the Florida law for

any element of construction or

alterations, the certification

determination will not constitute

evidence of ADA compliance with

respect to that element.

Dated: May 27, 1998.

Bill Lann Lee,

Acting Assistant Attorney General for Civil

Rights.

[FR Doc. 98–15208 Filed 6–8–98; 8:45 am]

BILLING CODE 4410–13–M

DEPARTMENT OF JUSTICE

Notice of Consent Decree Under the

Clean Air Act, the Resource

Conservation and Recovery Act, and

the Emergency Planning and

Community Right-to-Know Act

Notice is hereby given that a consent

decree in United States v. American

Insulated Wire Corp., Civil Action No.

98CV10993NG (D. Mass.) was lodged

with the United States District Court for

the District of Massachusetts on May 26,

1998.

In this action the United States sought

injunctive relief and civil penalties

under Section 113(b) of the Clean Air

Act (‘‘CAA’’), 42 U.S.C. 7413(b),

Sections 3008 (a) and (g) of the Resource

Conservation and Recovery Act

(‘‘RCRA’’), 42 U.S.C. 6928 (a) and (g),

and Section 325(c)(1) and (4) of the

Emergency Planning and Community

Right-to-Know Act (‘‘EPCRA’’), 42

U.S.C. 11045(c) (1) and (4), against

American Insulated Wire Corp.

(‘‘AIW’’). The alleged violations include

failure to obtain permits required under

the CAA, failure to comply with various

hazardous waste handling requirements

under RCRA (e.g., failure to keep

hazardous waste containers labelled,

marked and closed as required; failure

to conduct weekly inspections), and

failure to make complete and accurate

reports required under EPCRA. The

consent decree resolves these claims.

The consent decree requires AIW: to

comply with the Clean Air Act, RCRA,

and EPCRA; to pay a civil penalty to the

United States of $1,400,000; and to

implement two supplemental

environmental projects (‘‘SEPs’’) at an

estimated cost of $994,475. The first

SEP requires AIW to retrofit the oil-fired

boilers that provide power to the facility

to burn natural gas as well, and to burn

only natural gas during the period from

May 1 through September 30 for two

consecutive years. The second SEP

requires AIW to construct a closed-loop

wastewater treatment and recycling

system at the facility.

The Department of Justice will accept

written comments relating to the

proposed consent decree for thirty (30)

days from the date of publication of this

notice. Please address comments to the

Assistant Attorney General,

Environment and Natural Resources

Division, Department of Justice, P.O.

Box 7611, Ben Franklin Station,

Washington, D.C. 20044 and refer to

United States v. American Insulated

Wire Corp. (D. Mass.), DJ #90–7–1–903.

Copies of the proposed consent decree

may be examined at the Office of the

United States Attorney, 1003 J.W.

McCormack P.O. & Courthouse, Boston,

MA 02109; at the U.S. Environmental

Protection Agency, Region I, One

Congress Street, Boston, Massachusetts

02203; and at the Consent Decree

Library, 1120 G Street, NW, 4th Floor,

Washington, DC 20005, (202) 624–0892.

A copy of the consent decree may also

be obtained in person or by mail at the

Consent Decree Library, 1120 G Street,

NW, 4th Floor, Washington, DC 20005.

When requesting a copy of the consent

decree by mail, please enclose a check

in the amount of $6.50 (twenty-five

cents per page reproduction costs)

payable to the ‘‘Consent Decree

Library.’’

Joel M. Gross,

Chief, Environmental Enforcement Section,

Environment and Natural Resources Division,

U.S. Department of Justice.

[FR Doc. 98–15330 Filed 6–8–98; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation and Liability Act

In accordance with Departmental

policy, 28 CFR 50.7, and Section 122 of

CERCLA, 42 U.S.C. § 9622, notice is

hereby given that on May 29, 1998, a

proposed De Minimis Consent Decree in

United States v. Kux Manufacturing, et.

al., Civil Action No. 98–72189 was

lodged with the United States District

Court for the Eastern District of

Michigan, Southern Division. This

consent decree represents a settlement

of claims of the United States against

Kux Manufacturing, Eppinger

Manufacturing Company, MascoTech

Coatings, Inc., f/k/a Vacumet Finishing,

Seaman Industries, Inc., A.T. Wagner

Company, Metamora Products, Inc.,

Conwed Corporation, Aircraft

Specialties Inc., Albar Industries, Inc.,

and Precision Coatings, Inc., for