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Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices lllllllllllllllllllll (include legal citations to all relevant provisions) is (check one): bin effect and being enforced,

g., law enforcement guide or manual), and that these statistics are made available to the public for inspection, pursuant to procedures established by the State. In addition, the State acknowledges the validity of these statistics, which are also published by the Department of Motor Vehicles. These statistics are also considered to be public information under the National Interstate Motor Vehicle Safety Administration Act. (f) That the State is not in violation of Federal law. The State acknowledges that the Secretary of Transportation has not issued any rules or regulations relating to racial profiling. The State further acknowledges that the United States Department of Justice has not filed any lawsuits based on such profiling. (g) That the State has submitted an administrative action proposal to the Secretary, requesting that the Secretary withdraw this enforcement action in response to this Order and place this enforcement action on hold pending the outcome of the administrative action. The Secretary of Transportation has in their public communication noted “that the administration of a motor carrier law in Alabama may not target individuals solely on the basis of race or ethnicity in an effort to improve safety for the traveling public.” The Department of Justice and Department of Transportation (DOT) are charged to ensure that Federal and State laws apply to the States and cannot be used to discriminate based on race, color, religion, or national origin. Section 3 of the ADA and Section 504 of the Rehabilitation Act both prohibit the use of public roads or public transportation facilities to avoid or delay persons with disabilities. Title II of the ADA prohibits discrimination against qualified individuals with disabilities based on their physical or mental disability. Section 504 prohibits discrimination based on race, color, religion, national origin, or sex. Both Title II and Section 504 of the Rehabilitation Act are enforced under the Civil Rights Act and Title VI of the Civil Rights Act of 1964, and also under Title VII of the Civil Rights Act of 1964 and the Rehabilitation Act. The Department of Transportation has issued guidance on implementing the ADA by the States that is available at and other websites. In addition, the Federal Government provides funds to States for the construction of accessible facilities and for the administration of the ADA as set forth in the Department of Transportation's Public Law 103-178. DOT is currently funding over 1,200 States and many local jurisdictions, to make and improve accessible parking, and over 120 U.S.

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