DJ 202-16-0                                     JUL 2 1992

The Honorable John Breaux
United States Senate
516 Senate Hart Building
Washington, D.C. 20510

Dear Senator Breaux:

     This is in response to your inquiry on behalf of your
constituent, Valerie S. Reed. Ms. Reed writes requesting
information about the Americans with Disabilities Act, 42 U.S.C.
S 12181 et seq. She is specifically seeking advice as to the
application of the Act to a convenience store that she expects to
open and occupy by Labor Day, 1992.

     Although we cannot provide legal interpretations or legal
advice to individuals, this letter provides informal guidance to
assist your constituent in understanding the Americans with
Disabilities Act accessibility standards. The Act authorizes the
Department of Justice to provide technical assistance to
individuals and entities that are subject to the Act. However,
this technical assistance does not constitute a determination by
the Department of Ms. Reed's rights or responsibilities under the
Americans with Disabilities Act and it is not binding on the
Department.

     The regulations issued by the Department under the Americans
with Disabilities Act (enclosed) contain different implementation
dates for new construction and alterations. New construction
that is first occupied after January 26, 1993, must be readily
accessible to persons with disabilities. A new facility will not
be subject to the new construction standards if the last
application for a building permit is certified to be complete
before January 27, 1992, and the first certificate of occupancy
for the facility is issued before January 27, 1993. 28 C.F.R.
S 36.401 (a)(2). If, however, an alteration to a commercial
facility or place of public accommodation is made after January
26, 1992, it must be carried out in such a way that the altered
portions are readily accessible to individuals with disabilities.
Id. at S 36.402(a).

cc: Records Chrono Wodatch Millerc.Breaux.Cong. McDowney
    arthur

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     I have enclosed copies of the Department's regulations under
title III as well as our Technical Assistance Manuals, regulation
highlights, and fact sheets.

     I hope this will assist you in responding to your
constituent.

                              Sincerely,

                              John R. Dunne
                         Assistant Attorney General
                           Civil Rights Division

Enclosures (7)

01-00987
                    REED'S I-10 SERVICES, INC.
                         P.O. BOX 1447
                       JENNINGS, LA 70546

                         May 12, 1992

John B. Breaux
U.S. Senator
516 Hart Bldg.
Washington, DC 20510

Dear Senator Breaux:

This letter is a request for information! We are negotiating
to construct a new Fuel and Convenience Store Facility in
Jennings. For the previous twenty-four years, we were Chevron
affiliated owner and operator of a Full-Service Station.
Due to our unsuccessful bid for an additional long term lease
with the Jennings Airport Authority, we are now attempting to
build our own facility. As we hope to break ground in four to
six weeks, I need some important information as soon as possible
from various Governmental Agencies.

We have applied for a "Free Enterprise Zone", and are awaiting
permits to begin construction. We expect to celebrate our
Grand Opening near Labor Day. It is very important that we
make certain our new Conoco Facility meets or exceeds all of
the Federal, State, and Local guidelines concerning health,
safety, environmental concerns, and especially handicap accessi-
bility for both our employees and customers.

I would appreciate any and all information and assistance you
can give us regarding the various Governmental Agencies regulat-
ing these aspects of concern, as well as these very important
guidelines.

                              Cordially yours,

                              Valerie S. Reed
                              Reed's I-10 Services, Inc.
VSR/aw

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