[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.

------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
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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