Disability Rights Section, Civil Rights Division; Information Collection Under Review

DEPARTMENT OF JUSTICE

Disability Rights Section, Civil Rights Division; Information

Collection Under Review

The proposed information collection is published to obtain comments

from the public and affected agencies. Comments are encouraged and will

be accepted for ``sixty days'' from the date listed at the top of this

page in the Federal Register. Request written comments and suggestions

from the public and affected agencies concerning the proposed

collection of information. Your comments should address one or more of

the following four points:

(1) evaluate whether the proposed collection of information is

necessary for the proper performance of the functions of the agency,

including whether the information will have practical utility;

(2) evaluate the accuracy of the agencies estimate of the burden of

the proposed collection of information, including the validity of the

methodology and assumptions used;

(3) enhance the quality, utility, and clarity of the information to

be collected; and

(4) minimize the burden of the collection of information on those

who are to respond, including through the use of appropriate automated,

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission of responses.

If you have additional comments, suggestions, or need additional

information please contact Janet L. Blizard, Supervisory Attorney,

Disability Rights Section, Civil Rights Division, U.S. Department of

Justice, P.O. Box 66738, Washington, DC 20035-6738, or at (800) 514-

0301 (voice), (800) 514-0383 (TDD) (the Division's ADA Information

Line).

A complete copy of this notice and the Department of Justice

regulations are available in the following alternate formats: large

print, Braille, electronic file on computer disk, and audio-tape.

Copies may be obtained by calling (800) 514-0301 (Voice) or (800) 514-

0383 (TTY). The rule is also available on electronic bulletin board at

(202) 514-6193. These telephone numbers are not toll-free numbers.

The complete notice and the proposed rule is also available on the

Internet. They can be accessed with gopher client software

(gopher.usdoj.gov), through other gopher servers using the University

of Minnesota master gopher (under North America, USA, All, Department

of Justice), with World Wide Web software (http://www.usdoj.gov), or

through the White House WWW server (http://whitehouse.gov).

Supplementary Information: The revised information collection that

will be submitted to OMB for review will amend the requirement now

found at 28 CFR 35.150(d), the Department of Justice (Department)

regulation implementing title II of the Americans With Disabilities Act

of 1990, Public Law 101-336, 42 U.S.C. 12131-12134 (ADA). Title II

provides that a public entity may not deny the benefits of its

programs, activities, and services to individuals with disabilities

because its facilities are inaccessible. 28 CFR 35.149. Public entities

are required to make changes in their facilities when it is necessary

to ensure that individuals with disabilities are not excluded from

participating in programs because public entities' facilities are

inaccessible. This concept is known as ``program accessibility.'' Under

28 CFR 35.150(d), a public entity that employs 50 or more persons is

required to develop a transition plan for the implementation of title

II if structural changes to facilities will be undertaken to achieve

program accessibility. Transition plans were required to be completed

within six months of January 26, 1992.

The maintenance of pedestrian walkways by public entities is a

covered program that is required to be made accessible by the

installation of curb ramps where pedestrian walkways cross curbs.

Because of the unique and significant capital expense involved in the

installation of curb ramps where existing pedestrian routes cross

curbs, the Department is proposing to amend the title II regulation to

provide additional time for public entities to meet their obligation to

provide access to public pedestrian walkways and to require public

entities that elect to take advantage of this extension to revise their

current transition plans to establish a revised schedule for the

installation of curb ramps to existing pedestrian walkways. The

proposed rule would amend 28 CFR 35.150 to revise paragraphs 35.150.(c)

and (d)(2) to read as follows:

Sec. 35.150 Existing Facilities

* * * * *

(c)(1) Time period for compliance. Except as provided in paragraph

(2), where structural changes in facilities are undertaken to comply

with the obligations established under this section, such changes shall

be made no later than January 26, 1995, but in any event as

expeditiously as possible.

(2)(i) A public entity shall comply with the obligations of this

section relating to provision of curb ramps or other sloped areas where

existing public pedestrian walkways cross curbs at locations serving

State and local government offices and facilities, transportation,

places of public accommodation, employers, and the residences of

individuals with disabilities no later than January 26, 2000, but in

any event as expeditiously as possible.

(ii) A public entity shall comply with the obligations of this

section relating to provision of curb ramps or other sloped areas where

existing public pedestrian walkways cross curbs at areas not subject to

paragraph (i) of this section no later than January 26, 2005, but in

any event as expeditiously as possible.

(d)(1) * * *

(d)(2) If a public entity has responsibility or authority over

streets, roads, or walkways, its transition plan shall include a

specific schedule for the installation of curb ramps or other sloped

areas where pedestrian walkways cross curbs that complies with the

requirements of paragraphs (c)(2)(i) and (c)(2)(ii).

Transition plans are required to identify physical obstacles in the

public entity's facilities that limit the accessibility of its programs

or activities to individuals with disabilities; describe in detail the

methods that will be used to make the facilities accessible; specify

the schedule for taking the steps necessary to achieve compliance with

[[Page 2533]]

this section and, if the time period of the transition plan is longer

than one year, identify steps that will be taken during each year of

the transition period; and indicate the official responsible for

implementation of the plan. If a public entity has already complied

with the transition plan requirement of a Federal agency regulation

implementing section 504 of the Rehabilitation Act of 1973, or it has

previously developed a transition plan to implement title II, the

revised transition plan requirements apply only to those policies and

practices that were not included in the previous transition plan(s).

Public entities are required to provide an opportunity to

interested persons, including individuals with disabilities or

organizations representing individuals with disabilities, to

participate in the development of transition plans and they are

required to make a copy of the transitions plan available for public

inspection.

Overview of this information collection:

(1) Type of Information Collection: Revision of a currently

approved collection.

(2) Title of the Form/Collection: Nondiscrimination on the Basis of

Disability in State and Local Government services. (Transition Plan).

(3) Agency form number, if any, and the applicable component of the

Department of Justice sponsoring the collection: Form: None. Disability

Rights Section, Civil Rights Division, United States Department of

Justice.

(4) Affected public who will be asked or required to respond, as

well as a brief abstract: Primary: State, Local or Tribal Government.

Other: None. Under title II of the Americans with Disabilities Act

(ADA), State and Local governments cannot discriminate against

individuals with disabilities in operating services, programs, and

activities. If physical changes to existing facilities are required to

achieve program access, public entities that have 50 or more employees

must prepare a transition plan and make it available for public

inspection. This proposed amendment to the current transition plan

requirement applies only to those public entities that have 50 or more

employees, that have responsibility or authority over streets, roads,

walkways, and that choose to take advantage of the extensions of time

provided by the proposed rule.

(5) An estimate of the total number of respondents and the amount

of time estimated for an average respondent to respond: 10,000

responses (public entities) at 2 hours per response.

(6) An estimate of the total public burden (in hours) associated

with the collection: 20,000 annual burden hours at $10 per hour for a

total burden cost of $200,000.

If additional information is required contact: Mr. Robert B.

Briggs, Clearance Officer, United States Department of Justice, Systems

Policy Staff, Justice Management Division, Suite 850, Washington

Center, 1001 G Street, NW, Washington, DC 20530.

Dated: January 22, 1996.

Robert B. Briggs,

Department Clearance Officer, United States Department of Justice.

[FR Doc. 96-1259 Filed 1-25-96; 8:45 am]

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