[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Proposed Rules]
[Pages 8018-8019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1659]
[[Page 8017]]
Vol. 77
Monday,
No. 29
February 13, 2012
Part XVIII
National Aeronautics and Space Administration
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Semiannual Regulatory Agenda
Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 /
Unified Agenda
[[Page 8018]]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Ch. V
Regulatory Agenda
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Semiannual regulatory agenda.
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SUMMARY: NASA's regulatory agenda describes those regulations being
considered for development or amendment by NASA, the need and legal
basis for the actions being considered, the name and telephone number
of the knowledgeable official, whether a regulatory analysis is
required, and the status of regulations previously reported.
ADDRESSES: Assistant Administrator for Internal Controls and Management
Systems, Office of Institutions and Management, NASA Headquarters,
Washington, DC 20546.
FOR FURTHER INFORMATION CONTACT: Cheryl E. Parker, 202 358-0252.
SUPPLEMENTARY INFORMATION: OMB guidelines dated June 30, 2011; ``Fall
2011 Regulatory Plan and Unified Agenda of Federal Regulatory and
Deregulatory Actions'' require a regulatory agenda of those regulations
under development and review to be published in the Federal Register
each April and October. This edition of the Unified Agenda includes
NASA's Statement of Regulatory Priorities, which appears in Part II of
this issue of the Federal Register. The complete Unified Agenda will be
published at www.reginfo.gov.
Dated: September 19, 2011.
Lou Becker,
Assistant Administrator, for Internal Controls and Management Systems.
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Regulation
Sequence No. Title Identifier No.
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449....................... Accessibility Standards 2700-AD85
for New Construction and
Alterations in Federally-
Assisted Programs
(Section 610 Review).
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)
Final Rule Stage
449. Accessibility Standards for New Construction and
Alterations in Federally-Assisted Programs (Section 610 Review)
Legal Authority: 29 U.S.C. 794--sec 504 of the Rehabilitation Act
of 1973, amended
Abstract: The purpose of this rulemaking action is to update NASA's
regulation (14 CFR 1251) implementing the federally-assisted provisions
of section 504 of the Rehabilitation Act of 1973 (section 504), as
amended, 29 U.S.C. section 794 which prohibits discrimination on the
basis of disability by recipients of Federal Financial Assistance from
NASA. Under Executive Order No. 12250, the United States Attorney
General has the authority to coordinate the implementation and
enforcement of a variety of civil rights statutes by Federal agencies
such as NASA, including section 504. Recent rulemaking from the U.S.
Department of Justice (DOJ) that revised the standards that determine
whether structural elements of buildings and facilities are accessible
to individuals with disabilities requires NASA to revise its section
504 regulations in alignment with DOJ's implementing regulations
incorporating the new accessibility standards.
On September 15, 2010, DOJ issued revised regulations under title
II (28 CFR part 35) and title III (28 CFR part 36) of the Americans
with Disabilities Act (ADA), including the promulgation of revised
Standards for Accessible Design (commonly referred to as ``2010
Standards''). See 75 FR 56164 and 56236. On March 11, 2011, DOJ
published certain corrections to the revised regulations. See 75 FR
13385 and 13286. The revised ADA title II and title III regulations
became effective on March 15, 2011, and are published in the 2011
edition of the Code of Federal Regulations. However, the 2010 Standards
are not required for new construction and alteration projects until
March 15, 2012. See 28 CFR sections 35.151(c)(2) and 36.406(a)(2). On
March 15, 2012, the 2010 Standards will replace the Uniform Federal
Accessibility Standards (UFAS) as the accessibility standards for new
construction, alterations, program accessibility, and barrier removal
under the ADA, and consequently, for section 504. Currently, the
accessibility standard implemented by NASA for its federally assisted
programs under section 504 is UFAS, which is located at 14 CFR
1251.302. As a result of DOJ's rulemaking actions, NASA proposes to:
(1) Replace UFAS with the 2010 Standards as the accessibility standard
under section 504; and (2) clarify the applicability of accessibility
standards according to the time period when a recipient starts new
construction or alterations on buildings and facilities. Accordingly,
NASA proposes to revise 14 CFR 1251.302 and adopt the 2010 Standards
effective March 15, 2012 as the only enforceable accessibility
standard. NASA also proposes to revise 14 CFR 1251.302 to clarify that
(1) any new construction or alterations commenced by a recipient before
September 15, 2010, shall comply with UFAS; (2) any new construction or
alterations commenced by a recipient on and after September 15, 2010,
and before March 15, 2012, may comply with either UFAS or the 2010
standards; and (3) any new construction or alterations commenced by a
recipient on or after March 15, 2012, shall comply with the 2010
Standards.
Timetable:
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Action Date FR Cite
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Final Rule.......................... 10/00/12 .......................
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Regulatory Flexibility Analysis Required: No.
Agency Contact: Robert W. Cosgrove, External Compliance Manager,
National Aeronautics and Space Administration, 300 E Street SW.,
Washington, DC 20546, Phone: 202 358-0446, Fax: 202 358-3336, Email:
[email protected].
RIN: 2700-AD85
[FR Doc. 2012-1659 Filed 2-10-12; 8:45 am]
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