NOV 9 1993


The Honorable James L. Oberstar
Member, U.S. House of Representatives
231 Federal Building
Duluth, Minnesota 55802

Dear Congressman Oberstar:

     This letter is in response to your inquiry on behalf of your
constituent, XXXX(b)(7)(C)  who has requested some guidance 
concerning the Americans with Disabilities Act ("ADA")

     The ADA authorizes this Department to provide technical
assistance to individuals and entities that have rights or
responsibilities under the ADA. Therefore, this letter provides
informal guidance to assist you in responding to XXXXXX(b)(7)(c)
However, this technical assistance does not constitute a legal
interpretation, and it is not binding an the Department of
Justice.

     XXXXX(B)(7)(C) has e pressed concern about a Federal regulation
that requires persons with boats to lower appurtenances
unessential to navigation when transiting drawbridges. This
regulation, which was issued by the U.S. Coast Guard, 
prescribes general requirements relating to the use and operation of
drawbridges across the navigable waters of the United States.
33 C.F.R.  117.11. XXXXXXX(b)(7)(C) believes that this regulation
violates the ADA or other Federal statutes that prohibit
discrimination on the basis of disability.

     The ADA is not applicable to the Federal Government.
However, as part of the U.S. Department of Transportation, a
Federal Executive agency, the Coast Guard is subject to section
504 of the Rehabilitation Act of 1973, as amended, which
prohibits discrimination on the basis of disability in the
programs and activities of Executive agencies.



cc:  Records; Chrono; Wodatch; McDowney; Blizard; Delaney; FOIA;
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     In this regard, I note that XXX(b)(7)(C) letter already has
been brought to the attention of the Coast Guard which has
provided a response. If, as appears, he remains dissatisfied
with the Coast Guard's response, he may file a complaint pursuant
to the provisions of section 504 by sending a letter to the
Department of Transportation at the following address: Assistant
General Counsel for Regulation and Enforcement, U.S. Department
of Transportation, 400 Seventh Street, S.W., Room 10424,
Washington, D.C. 20590.

     I hope this information is helpful in responding to your
constituent.

                         Sincerely,





                       James P. Turner
                 Acting Assistant Attorney General
                    Civil Rights Division









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