# 49


December 4, 1992                             II-6.3100(12)



202-PL-358






Ms. Martha L. Mann
Special Legislative Counsel
Division of Legal Counsel
The City of New York
  Law Department
100 Church Street
New York, New York  10007

Dear Ms. Mann:

     This letter responds to your request for guidance concerning
the application of title II of the Americans with Disabilities
Act (ADA) to a proposed franchise for the installation and
operation of public toilet facilities in the City of New York. 
It does not address any obligations that a private provider or
operator of these toilet facilities may have under title III of
the ADA.

     By the end of this year, the Architectural and
Transportation Barriers Compliance Board (Access Board) will
issue proposed accessibility guidelines for newly constructed or
altered facilities covered by title II of the ADA (Title II
Accessibility Guidelines).  Among other things, these proposed
Guidelines will address scoping and technical standards for fixed
public toilets on public streets.  The title II regulation issued
by the Department of Justice currently allows public entities to
choose between the Uniform Federal Accessibility Standards (UFAS)
and the ADA Accessibility Guidelines adopted in the Department's
title III regulations (without the elevator exemption).  When
final Title II Accessibility Guidelines are issued, the
Department of Justice will eliminate this choice and those
Guidelines will be the sole standard for title II compliance. 
Neither of the current UFAS or ADAAG provisions for single user
portable toilet units would appear to apply to your proposed
fixed toilet facilities.

     The Access Board has announced its intention to provide a
90-day period for public comment on the proposed Title II
Accessibility Guidelines.  It also intends to hold public
hearings at five locations throughout the country during the
second half of the comment period.  After analyzing the comments
received, the Access Board will issue final Title II Accessi-
bility Guidelines that will have legal effect once the Department
of Justice issues an amendment incorporating the Guidelines into
its title II regulation.

     We believe that this title II rulemaking process will
provide the appropriate forum for addressing the concerns raised
in your letter.  We invite and encourage you to participate fully
in this process so that this important issue may be resolved in
the fairest and most comprehensive manner possible.

                                   Sincerely,




                                John L. Wodatch
                                     Chief
                             Public Access Section