Nondiscrimination on the Basis of Disability in State and Local Government Services and Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities; Hearing, 37055-37056 [E8-14306]

Download as PDF mstockstill on PROD1PC66 with PROPOSALS2 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Proposed Rules measures, entities are entitled to use them. Chapter Six of the RIA sets forth the Department’s comprehensive assessment of the estimated impact of the proposed regulations on small entities. For the most part, this analysis uses the same methodology as the underlying ‘‘main’’ regulatory assessment except that some additional publicly available statistics (from, for example, the Census Bureau and the Office of Advocacy of the Small Business Administration) are incorporated into the model in order to permit particularized calculations for small entities. In sum, the Department’s small business impact analysis uses the following methodological approach. First, the analysis estimates (by facility group) the total number of facilities owned or operated by small entities and their respective total annual sales receipts. Since governmental entities typically do not have sales receipts, expenditures—broken down by category (e.g., education, hospitals, parks, museums)—serve as a proxy for ‘‘sales receipts’’ for small governmental jurisdictions. The resulting figures for small entity-owned facilities and sales receipts are compared to the ‘‘typical’’ facility. See RIA, Table 17. Second, the analysis compares the net costs of the proposed regulations on small entities and the ‘‘typical’’ facility for each facility group. See id., Table 18. Lastly, the analysis estimates total annual costs and annual costs as a percentage of sales for both small entities and ‘‘typical’’ facilities. See id., Table 19. The results of the Department’s small business impact analysis demonstrate that the proposed regulations would not have a significant economic impact on a substantial number of small entities. See RIA, Ch. 6. For small government jurisdictions, annualized costs are not expected to be greater than 0.5% of sales for any type of facility. Similarly, for all but a handful of small private entities, annualized costs are not expected to be greater than 0.5% of sales. Only with respect to two types of facilities owned or operated by small private entities— aquatic centers and miniature golf courses—are annualized costs estimated to exceed 0.5% of sales. However, as noted previously, the RIA does not incorporate the Department’s proposed monetary limit (i.e., 1% of gross revenue) on barrier removal obligations for qualified small entities. Application of this monetary cap on barrier removal costs for qualifying small businesses that own or operate aquatic centers or miniature golf courses would mitigate the incremental impact of the proposed VerDate Aug<31>2005 17:02 Jun 27, 2008 Jkt 214001 regulations on these (or any other) qualified small entities. Dated: June 19, 2008. Rosemary Hart, Federal Register Liaison Officer. [FR Doc. E8–14395 Filed 6–27–08; 8:45 am] BILLING CODE 4410–13–P DEPARTMENT OF JUSTICE 28 CFR Parts 35 and 36 Nondiscrimination on the Basis of Disability in State and Local Government Services and Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities; Hearing Department of Justice, Civil Rights Division. ACTION: Notice of hearing. AGENCY: SUMMARY: On June 17, 2008, the Department of Justice (Department) published two Notices of Proposed Rulemaking in the Federal Register to amend regulations issued under Titles II and III of the Americans with Disabilities Act (ADA). Nondiscrimination on the Basis of Disability in State and Local Government Services, 73 FR 34466; Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities, 73 FR 34508. In this issue of the Federal Register, the Department published corrections for the proposed rules that included two appendices inadvertently omitted from the June 17, 2008, publication. In order to provide an opportunity for interested persons to express their views directly to Department officials, the Department will hold a public hearing in Washington, DC, on the proposed regulatory amendments. DATES: The public hearing is scheduled for July 15, 2008, 9 a.m. to 5 p.m., Eastern Daylight Time. ADDRESSES: The hearing will be held at the Marriott Hotel at Metro Center, 775 12th Street, NW., Washington, DC 20005, (202) 737–2200. FOR FURTHER INFORMATION CONTACT: Linda Garrett, Civil Rights Program Specialist, Disability Rights Section, Civil Rights Division at (202) 353–0423 (TTY). This is not a toll-free number. Information also may be obtained from the Department’s toll-free ADA Information Line at (800) 514–0301 (Voice) or (800) 514–0383 (TTY), 9:30 a.m. to 5:30 p.m. Monday, Tuesday, Wednesday, and Friday, and 12:30 p.m. to 5 p.m. on Thursday. PO 00000 Frm 00093 Fmt 4701 Sfmt 4702 37055 On June 17, 2008, the Department published two Notices of Proposed Rulemaking to amend the Department’s regulations issued under Titles II and III of the ADA. Title II of the ADA prohibits discrimination on the basis of disability in the activities of State and local governments, whereas Title III prohibits discrimination in public accommodations and commercial facilities. The Department has scheduled a public hearing on the proposed amendments in order to provide an opportunity to interested persons, including individuals with disabilities, to express their views about the proposed changes. Entities, organizations, and individuals who wish to present comments at the hearing are encouraged to register in advance by calling the ADA Information Line at (800) 514–0301 (Voice) or (800) 514– 0383 (TTY) by July 7, 2008. Organizations should designate no more than one individual to speak on behalf of the organization. Commenters who are not able to testify in person will have the option to present their comments using a speaker telephone, telephone relay service, or video relay service. The Department will attempt to provide an approximate time for the receipt of comments from those who register in advance; however, persons who register in advance should report to the registration desk at the hearing at least one-half hour prior to their scheduled time in order to confirm the time and order of their presentations. Those who register to comment via speaker telephone, telephone relay service, or video relay service should be available at the number they provided during pre-registration at least one-half hour before their scheduled time. Some time at the hearing will be reserved for those who do not register in advance. These persons may register onsite at the registration desk, which will open one hour before the hearing is scheduled to begin and will operate throughout the day. Time to make their presentations will be assigned when open slots are available. Comments will be limited to five minutes per person or organization, but commenters who wish to may supplement their testimony with written statements that will be made part of the official hearing record. If the Department determines that there is not enough time to hear from all those wishing to present comments, the Department will select among those wishing to testify in order to ensure representation of a range of viewpoints and interests. A laptop computer and projection screen will be available for SUPPLEMENTARY INFORMATION: E:\FR\FM\30JNP2.SGM 30JNP2 37056 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Proposed Rules mstockstill on PROD1PC66 with PROPOSALS2 commenters wishing to use a PowerPoint presentation in conjunction with their testimony. The hearing site will be accessible to individuals with disabilities. Sign language interpreters, real-time captioning, and assistive listening devices will be provided. Individuals who require other accommodations, auxiliary aids, or foreign language translation should contact Linda Garrett at (202) 353–0423 (TTY) or by e-mail at Linda.Garrett@usdoj.gov no later than July 7, 2008. Additional information, including information about accessible public transportation and parking, will be available on the ADA Home Page at https://www.ada.gov. The proposed rules VerDate Aug<31>2005 17:02 Jun 27, 2008 Jkt 214001 and the initial regulatory impact analysis are available electronically in accessible formats at https:// www.regulations.gov and https:// www.ada.gov. This hearing notice is available electronically in accessible formats at https://www.ada.gov, Copies of this notice also are available in formats accessible to individuals who are blind or have low vision and may be obtained by calling the ADA Information Line. Those persons who are not able to participate in the public hearing are encouraged to submit written comments electronically to https:// www.regulations.gov or by mail as follows: ADA NPRM, P.O. Box 2846, PO 00000 Frm 00094 Fmt 4701 Sfmt 4702 Fairfax, VA 22031–0846. Overnight deliveries should be sent to the Disability Rights Section, Civil Rights Division, U.S. Department of Justice, located at 1425 New York Avenue, NW., Suite 4039, Washington, DC 20005. All comments will be made available for public viewing online at https:// www.regulations.gov and must be received by August 18, 2008. Dated: June 19, 2008. Grace Chung Becker, Acting Assistant Attorney General for Civil Rights. [FR Doc. E8–14306 Filed 6–27–08; 8:45 am] BILLING CODE 4410–13–M E:\FR\FM\30JNP2.SGM 30JNP2

Agencies

[Federal Register Volume 73, Number 126 (Monday, June 30, 2008)]
[Proposed Rules]
[Pages 37055-37056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14306]


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DEPARTMENT OF JUSTICE

28 CFR Parts 35 and 36


Nondiscrimination on the Basis of Disability in State and Local 
Government Services and Nondiscrimination on the Basis of Disability by 
Public Accommodations and in Commercial Facilities; Hearing

AGENCY: Department of Justice, Civil Rights Division.

ACTION: Notice of hearing.

-----------------------------------------------------------------------

SUMMARY: On June 17, 2008, the Department of Justice (Department) 
published two Notices of Proposed Rulemaking in the Federal Register to 
amend regulations issued under Titles II and III of the Americans with 
Disabilities Act (ADA). Nondiscrimination on the Basis of Disability in 
State and Local Government Services, 73 FR 34466; Nondiscrimination on 
the Basis of Disability by Public Accommodations and in Commercial 
Facilities, 73 FR 34508. In this issue of the Federal Register, the 
Department published corrections for the proposed rules that included 
two appendices inadvertently omitted from the June 17, 2008, 
publication. In order to provide an opportunity for interested persons 
to express their views directly to Department officials, the Department 
will hold a public hearing in Washington, DC, on the proposed 
regulatory amendments.

DATES: The public hearing is scheduled for July 15, 2008, 9 a.m. to 5 
p.m., Eastern Daylight Time.

ADDRESSES: The hearing will be held at the Marriott Hotel at Metro 
Center, 775 12th Street, NW., Washington, DC 20005, (202) 737-2200.

FOR FURTHER INFORMATION CONTACT: Linda Garrett, Civil Rights Program 
Specialist, Disability Rights Section, Civil Rights Division at (202) 
353-0423 (TTY). This is not a toll-free number. Information also may be 
obtained from the Department's toll-free ADA Information Line at (800) 
514-0301 (Voice) or (800) 514-0383 (TTY), 9:30 a.m. to 5:30 p.m. 
Monday, Tuesday, Wednesday, and Friday, and 12:30 p.m. to 5 p.m. on 
Thursday.

SUPPLEMENTARY INFORMATION: On June 17, 2008, the Department published 
two Notices of Proposed Rulemaking to amend the Department's 
regulations issued under Titles II and III of the ADA. Title II of the 
ADA prohibits discrimination on the basis of disability in the 
activities of State and local governments, whereas Title III prohibits 
discrimination in public accommodations and commercial facilities. The 
Department has scheduled a public hearing on the proposed amendments in 
order to provide an opportunity to interested persons, including 
individuals with disabilities, to express their views about the 
proposed changes. Entities, organizations, and individuals who wish to 
present comments at the hearing are encouraged to register in advance 
by calling the ADA Information Line at (800) 514-0301 (Voice) or (800) 
514-0383 (TTY) by July 7, 2008. Organizations should designate no more 
than one individual to speak on behalf of the organization. Commenters 
who are not able to testify in person will have the option to present 
their comments using a speaker telephone, telephone relay service, or 
video relay service. The Department will attempt to provide an 
approximate time for the receipt of comments from those who register in 
advance; however, persons who register in advance should report to the 
registration desk at the hearing at least one-half hour prior to their 
scheduled time in order to confirm the time and order of their 
presentations. Those who register to comment via speaker telephone, 
telephone relay service, or video relay service should be available at 
the number they provided during pre-registration at least one-half hour 
before their scheduled time.
    Some time at the hearing will be reserved for those who do not 
register in advance. These persons may register on-site at the 
registration desk, which will open one hour before the hearing is 
scheduled to begin and will operate throughout the day. Time to make 
their presentations will be assigned when open slots are available.
    Comments will be limited to five minutes per person or 
organization, but commenters who wish to may supplement their testimony 
with written statements that will be made part of the official hearing 
record. If the Department determines that there is not enough time to 
hear from all those wishing to present comments, the Department will 
select among those wishing to testify in order to ensure representation 
of a range of viewpoints and interests. A laptop computer and 
projection screen will be available for

[[Page 37056]]

commenters wishing to use a PowerPoint presentation in conjunction with 
their testimony.
    The hearing site will be accessible to individuals with 
disabilities. Sign language interpreters, real-time captioning, and 
assistive listening devices will be provided. Individuals who require 
other accommodations, auxiliary aids, or foreign language translation 
should contact Linda Garrett at (202) 353-0423 (TTY) or by e-mail at 
Linda.Garrett@usdoj.gov no later than July 7, 2008. Additional 
information, including information about accessible public 
transportation and parking, will be available on the ADA Home Page at 
https://www.ada.gov. The proposed rules and the initial regulatory 
impact analysis are available electronically in accessible formats at 
https://www.regulations.gov and https://www.ada.gov. This hearing notice 
is available electronically in accessible formats at https://
www.ada.gov, Copies of this notice also are available in formats 
accessible to individuals who are blind or have low vision and may be 
obtained by calling the ADA Information Line.
    Those persons who are not able to participate in the public hearing 
are encouraged to submit written comments electronically to https://
www.regulations.gov or by mail as follows: ADA NPRM, P.O. Box 2846, 
Fairfax, VA 22031-0846. Overnight deliveries should be sent to the 
Disability Rights Section, Civil Rights Division, U.S. Department of 
Justice, located at 1425 New York Avenue, NW., Suite 4039, Washington, 
DC 20005. All comments will be made available for public viewing online 
at https://www.regulations.gov and must be received by August 18, 2008.

    Dated: June 19, 2008.
Grace Chung Becker,
Acting Assistant Attorney General for Civil Rights.
 [FR Doc. E8-14306 Filed 6-27-08; 8:45 am]
BILLING CODE 4410-13-M
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