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Subject: INFORMATION: Clarification of FHWA’s Oversight Role in Accessibility Date: 9-12-06

From: J. Richard Capka


In Reply Refer to: HCR-1

To:    Associate Administrators

Chief Counsel
Chief Financial Officer
Directors of Field Services
Resource Center Director and Operations Managers
Division Administrators
Federal Lands Highway Division Engineers

The Federal Highway Administration (FHWA) announces consolidating guidance to clarify and address ongoing issues concerning FHWA's oversight of States' and localities' compliance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504).

Based on the work of an ADA and Section 504 working group, the Associate Administrators for Civil Rights and Infrastructure present the attached clarification Memo to FHWA offices to explain how the FHWA is to oversee States' and localities' efforts to meet ADA and Section 504 obligations. In detailed Questions and Answers, FHWA provides further details on FHWA oversight and the actions required by the States and localities to meet ADA and Section 504 requirements. The Memo and the Questions and Answers will be posted on the Civil Rights Web site. Both of these documents clarify existing FHWA policies on issues including FHWA ADA and Section 504 oversight responsibilities, and appropriate actions by States and localities to meet the requirements of ADA and Section 504.

Through the actions detailed above, the FHWA continues to work with States and localities to ensure that persons with disabilities may access the public right of way without discrimination.


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