2988 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Notices

SUPPLEMENTARY INFORMATION:

Background

The ADA authorizes the Department

of Justice (Department), upon

application by a State or local

government, to certify that a State or

local law that establishes accessibility

requirements meets or exceeds the

maximum requirements of title III of the

ADA for new construction and

alterations. 42 U.S.C. 12188(b)(1)(A)(ii);

28 C.F.R. 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.

By letter dated January 27, 1992, the

Washington State Building Code

Council (Council), requested

certification by the Attorney General

that the Washington State Regulations

for Barrier Free Design (code) meets or

exceeds the new construction and

alterations requirements of title III of the

ADA.

On May 20, 1993, after consulting

with the Architectural and

Transportation Barriers Compliance

Board (Access Board), the Department

provided technical assistance to the

Council identifying issues that needed

to be addressed before certification

could be considered.

On August 20, 1993, the Council

made a supplemental submission,

providing its 1992 amendments to the

code, newly-issued interpretations of

the code, and comments responding to

the Department’s preliminary response.

By letter dated March 23, 1994, the

Council provided further

supplementation of its submission.

On July 22, 1994, the Department

responded to the supplemental

submissions. On November 17, 1994,

the Council adopted amendments to the

code addressing the remaining issues

raised by the Department. By letter

dated November 28, 1994, the Council

submitted those amendments as a

supplement to its certification request.

The Department has analyzed the

Washington code, as adopted on

November 8, 1991, and amended on

November 13, 1992, and November 17,

1994, and has preliminary determined

that it meets or exceeds the new

construction and alterations

requirements of title III of the ADA. By

letter dated December 6, 1994, the

Department notified the Council of its

preliminary determination of

equivalency.

Effect of Certification

The certification determination will

be limited to the version of the

Washington code, including the

amendments and interpretations, 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.

The certification will not apply to any

elements or features not addressed in

the Washington code. If a builder

incorporates such elements, he or she

will not be entitled to rely on the

rebuttable evidence of ADA compliance

provided by certification for those

elements. Nor will the certification

apply to the Appendix provisions of the

Washington code, which are advisory

only. Finally, the certification will not

apply to waivers granted under the

Washington code by local building

officials. Therefore, if a builder receives

a waiver, modification, variance, or

other exemption from the requirements

of the Washington code for any element

of construction or alterations, the

certification determination will not

constitute evidence of ADA compliance

with respect to that element.

Comments and Hearings

On January 12, 1995 the Department

published a notice in the Federal

Register announcing that it had

preliminarily determined that the

Washington code meets or exceeds the

new construction and alterations

requirements of title III of the ADA. The

Department also noted that it intended

to issue final certification of the

Washington code and requested written

comments on the preliminary

determination and the proposed final

certification. Finally, the Department

noted that it intended to hold informal

hearings in Washington, D.C. and

Seattle, Washington.

The purpose of the informal hearings

is 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 Washington code.

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 meeting 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: January 5, 1995.

Kerry Alan Scanlon,

Acting Assistant Attorney General for Civil

Rights.

[FR Doc. 95–743 Filed 1–11–95; 8:45 am]

BILLING CODE 4410–01–M

DEPARTMENT OF LABOR

Office of the Secretary

Bureau of International Labor Affairs;

U.S. National Administrative Office;

North American Agreement on Labor

Cooperation; Hearings on

Submissions #940003 and #940004

AGENCY: Office of the Secretary, Labor.

ACTION: Notice of hearings.

SUMMARY: The purpose of this notice is

to announce hearings, open to the

public, on Submissions #940003 and

#940004.

Submission #940003, filed with the

U.S. National Administrative Office

(NAO) by the International Labor Rights

Education and Research Fund, the

Asociacion Nacional de Abogados

Democraticos (National Association of

Democratic Lawyers), the Coalition for

Justice in the Maquiladoras, and the

American Friends Service Committee,

involves labor law matters in Mexico

and was accepted for review by the

NAO on October 13, 1994. Notice of

acceptance for review was published in

the Federal Register on October 20,

1994. Submission #940004, filed by the

United Electrical, Radio and Machine

Workers of America, also involves labor

law matters in Mexico and was accepted

for review on November 4, 1994. Notice

of acceptance for review was published

in the Federal Register on November 10,

1994.

Article 16(e) of the North American

Agreement on Labor Cooperation

(NAALC) provides for the review of

labor law matters in Canada and Mexico

by the NAO in accordance with U.S.

domestic procedures. Revised

procedural guidelines pertaining to the

submission, review, and reporting

process utilized by the Office were

published in the Federal Register on

April 7, 1994. The guidelines provide

for a hearing as part of the review.

DATES: The hearing on Submission

#940003 will be held on February 13,

1995, commencing at 9: A.M. The

hearing on Submission #940004 will be

held immediately following the hearing

on Submission #940003, continuing, if

necessary, on February 14.

Persons wishing to provide

information or present their views on

matters related to the review of
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Notices 2989

Submission #940003 or #940004 may do

so by filing written statements or briefs

with the NAO, which must be received

by February 1. Persons desiring to

present oral testimony at a hearing must

submit a request in writing at the time

the written statement or brief is filed.

Separate documents should be filed for

each submission for which information

is provided or permission to testify is

sought.

ADDRESSES: The hearings will be held in

San Antonio, Texas, at a location to be

announced. Written statements or briefs

and requests to present oral testimony

may be mailed or hand delivered to the

U.S. National Administrative Office,

Department of Labor, 200 Constitution

Avenue, N.W., Room C–4327,

Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT:

Irasema T. Garza, Secretary, U.S.

National Administrative Office,

Department of Labor, 200 Constitution

Avenue, N.W., Room C–4327,

Washington, DC 20210. Telephone:

(202) 501–6653 (this is not a toll-free

number).

SUPPLEMENTARY INFORMATION:

I. Nature and Conduct of Hearings

As set out in the notices published in

the Federal Register on October 20 and

November 10, 1994, the objective of the

NAO’s review of the submissions is to

gather information to assist it to better

understand and publicly report on the

Government of Mexico’s promotion of

compliance with, and effective

enforcement of, its labor law through

appropriate government action, as set

out in Article 3 of the NAALC, and on

related matters.

The hearings will be conducted by the

Secretary of the NAO or the Secretary’s

designee. They will be open to the

public. All proceedings will be

conducted in English, with

simultaneous translation provided. The

public file for each submission,

including written statements, briefs, and

requests to present oral testimony, will

be made a part of the appropriate

hearing record. The public files will also

be available for inspection at the NAO

prior to the hearings.

The hearings will be transcribed. A

transcript of the proceedings will be

made available for inspection, as

provided for in Section E of the

procedural guidelines, or may be

purchased from the reporting company.

Disabled persons should contact the

Secretary of the NAO no later than

January 30, 1995 if special

accommodations are needed.

II. Written Statements or Briefs and

Requests To Present Oral Testimony

Written statements or briefs shall

provide a discussion of the information

presented or position taken and shall be

legibly typed or printed. Requests to

present oral testimony shall include the

name, address, and telephone number of

the witness, the organization

represented, if any, and any other

information pertinent to the request.

Five copies of a statement or brief and

a single copy of a request to present oral

testimony shall be submitted to the

NAO at the time of filing. Separate

documents should be filed for each

submission for which information is

provided or permission to testify is

sought.

No request to present oral testimony

will be considered unless accompanied

by a written statement or brief. A

request to present oral testimony may be

denied if the written statement or brief

suggests that the information sought to

be provided is unrelated to the review

of the submission or for other

appropriate reasons. The NAO will

notify each requester of the disposition

of the request to present oral testimony.

In presenting testimony, the witness

should summarize the written statement

or brief, may supplement the written

statement or brief with relevant

information, and should be prepared to

answer questions from the Secretary of

the NAO or the Secretary’s designee.

Oral testimony will ordinarily be

limited to a ten minute presentation, not

including the time for questions.

Persons desiring more than ten minutes

for their presentation should so state in

the request, setting out reasons why

additional time is necessary.

The requirements relating to the

submission of written statements or

briefs and requests to present oral

testimony may be waived by the

Secretary of the NAO for reasons of

equity and the public interest.

Signed at Washington, DC, on January 9,

1995.

Irasema T. Garza,

Secretary, U.S. National Administrative

Office.

[FR Doc. 95–816 Filed 1–11–95; 8:45 am]

BILLING CODE 4510–28–M

Employment and Training

Administration

Investigations Regarding Certifications

of Eligibility To Apply for NAFTA

Transitional Adjustment Assistance

Petitions for transitional adjustment

assistance under the North American

Free Trade Agreement-Transitional

Adjustment Assistance Implementation

Act (P.L. 103–182), hereinafter called

(NAFTA–TAA), have been filed with

State Governors under Section 250(a) of

Subchapter D, Chapter 2, Title II, of the

Trade Act of 1974, as amended, are

identified in the Appendix to this

Notice. Upon notice from a Governor

that a NAFTA–TAA petition has been

received, the Director of the Office of

Trade Adjustment Assistance (OTAA),

Employment and Training

Administration (ETA), Department of

Labor (DOL), announces the filing of the

petition and takes actions pursuant to

paragraphs (c) and (e) of Section 250 of

the Trade Act.

The purpose of the Governor’s actions

and the Labor Department’s

investigations are to determine whether

the workers separated from employment

after December 8, 1993 (date of

enactment of P.L. 103–182) are eligible

to apply for NAFTA–TAA under

Subchapter D of the Trade Act because

of increased imports from or the shift in

production to Mexico or Canada.

The petitioners or any other persons

showing a substantial interest in the

subject matter of the investigations may

request a public hearing with the

Director of OTAA at the U.S.

Department of Labor (DOL) in

Washington, D.C., provided such

request is filed in writing with the

Director of OTAA not later than January

23, 1995.

Also, interested persons are invited to

submit written comments regarding the

subject matter of the petitions to the

Director of OTAA at the address shown

below not later than January 23, 1995.

Petitions filed with the Governors are

available for inspection at the Office of

the Director, OTAA, ETA, DOL, Room

C–4318, 200 Constitution Avenue, NW.,

Washington, DC 20210.

Signed at Washington, DC, this 3rd day of

January, 1995.

Victor J. Trunzo,

Program Manager, Policy & Reemployment

Services, Office of Trade Adjustment

Assistance.