#2 III-7.

5165 DJ 192-180-02680 March 9, 1992

Mr. Michael J. Davis Co-Publisher, Engravers Journal Post Office Box 318 26 Summit Street Brighton, Michigan 48116 Dear Mr. Davis: This letter is in response to your recent letter to the Attorney General concerning the requirements for permanent signs contained in the Americans with Disabilities Act Accessibility Guidelines (ADAAG), which are incorporated as an appendix to the Department of Justice's regulation implementing title III of the Americans with Disabilities Act. The Architectural and Transportation Barriers Compliance Board (Board) is currently drafting proposed accessibility guidelines for title II of the Americans With Disabilities Act, which covers State and local governments. At the next Board meeting on March 10, I plan to request that the Board agree to include specific questions concerning appropriate standards for signage in the preamble to that proposed rule. This will enable the engraving industry to formally present to the Board its views on engraved lettering. The Board will carefully consider all comments received and determine whether the title II guidelines should permit engraved lettering on permanent signs. If the comments received indicate that such a determination is appropriate, I will recommend to the Board that the title III guidelines be revised to be consistent with the title II guidelines. I strongly encourage representatives of the engraving industry to submit comments on

the proposed title II guidelines so that the Board will have the necessary information to make a wise decision on the issue. For your information, I have enclosed a copy of our recently issued title II and title III technical assistance manuals. The Department of Justice has defined "permanent signs" in a restrictive manner. The only signs subject to the raised letter requirement are men's and women's rooms, room numbers, and exit signs (see page 59 of the title III manual). Finally, I would like to clear up some confusion in your letter about the requirements for permanent signs under the Uniform Federal Accessibility Standards (UFAS). The Department of Justice title II regulation permits public entities to follow UFAS, contained at Appendix A to 41 CFR part 101-19.6. That version of UFAS was amended in 1989 by the General Services Administration to delete the reference to engraved letters and to instead require raised letters only on permanent signs. Thus, public entities are, in fact, held to the same standard as private entities (see page 26 of the title II manual). In other words, raised letters are required on permanent signs both under UFAS and under ADAAG. Confusion has resulted because the other three agencies that issued UFAS (the Department of Defense, the Department of Housing and Urban Development, and the United States Postal Services) never amended their UFAS documents as the General Services Administration did. Therefore, Federal buildings under those agencies' jurisdictions continue to permit engraved letters on permanent signs. I hope this information has been helpful to you. Sincerely,

John R. Dunne Assistant Attorney General Civil Rights Division Enclosures