Rule2022-12823
Nondiscrimination on the Basis of Disability in Federally Assisted Programs or Activities
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 16, 2022
Effective
June 16, 2022
Issuing agencies
National Foundation on the Arts and the HumanitiesNational Endowment for the Humanities
Abstract
The National Endowment for the Humanities (NEH) provides notice of its interpretation of Section 504 of the Rehabilitation Act of 1973 and NEH's implementing regulations, which prohibit discrimination on the basis of disability in federally assisted programs and activities. (In order to reflect currently accepted terminology, this notice uses the term "disability" rather than "handicap," which appears in NEH's Section 504 regulations. There is no substantive legal difference between the two terms for purposes of this notice.) This document clarifies that NEH interprets its Section 504 rule to permit recipients of Federal financial assistance from NEH who engage in the design, construction, or alteration of facilities to use the 2010 ADA Standards for Accessible Design (2010 Standards) in lieu of the Uniform Federal Accessibility Standards (UFAS). This notice does not require recipients to use the 2010 Standards.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 116 (Thursday, June 16, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Rules and Regulations]
[Pages 36224-36225]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12823]
=======================================================================
-----------------------------------------------------------------------
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Humanities
45 CFR Part 1170
Nondiscrimination on the Basis of Disability in Federally
Assisted Programs or Activities
AGENCY: National Endowment for the Humanities; National Foundation on
the Arts and the Humanities.
ACTION: Notification of interpretation.
-----------------------------------------------------------------------
SUMMARY: The National Endowment for the Humanities (NEH) provides
notice of its interpretation of Section 504 of the Rehabilitation Act
of 1973 and NEH's implementing regulations, which prohibit
discrimination on the basis of disability in federally assisted
programs and activities. (In order to reflect currently accepted
terminology, this notice uses the term ``disability'' rather than
``handicap,'' which appears in NEH's Section 504 regulations. There is
no substantive legal difference between the two terms for purposes of
this notice.) This document clarifies that NEH interprets its Section
504 rule to permit recipients of Federal financial assistance from NEH
who engage in the design, construction, or alteration of facilities to
use the 2010 ADA Standards for Accessible Design (2010 Standards) in
lieu of the Uniform Federal Accessibility Standards (UFAS). This notice
does not require recipients to use the 2010 Standards.
DATES: This interpretation is effective June 16, 2022.
FOR FURTHER INFORMATION CONTACT: Elizabeth Voyatzis, Deputy General
Counsel, Office of the General Counsel, National Endowment for the
Humanities, 400 7th Street SW, Room 4060, Washington, DC 20506; (202)
606-8322; <a href="/cdn-cgi/l/email-protection#7c1b19121f1309120f19103c121914521b130a"><span class="__cf_email__" data-cfemail="a5c2c0cbc6cad0cbd6c0c9e5cbc0cd8bc2cad3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Section 504 of the Rehabilitation Act of 1973 (Section 504) \1\
prohibits, among other things, discrimination on the basis of
disability in federally assisted programs or activities. NEH adopted a
rule, codified at 45 CFR part 1170, to implement this prohibition for
each recipient of Federal financial assistance from NEH and each
program or activity that receives such assistance (the Section 504
rule).
---------------------------------------------------------------------------
\1\ 29 U.S.C. 794.
---------------------------------------------------------------------------
Section 1170.33(a) of the Section 504 rule imposes a requirement
with respect to the design and construction of facilities. New
facilities must be designed and constructed to be readily accessible to
and usable by handicapped persons. Alterations to existing facilities
must, to the maximum extent feasible, be designed and constructed to be
readily accessible to and usable by handicapped persons.
Section 1170.33(b)(1) of the Section 504 rule provides further
that, effective as of January 18, 1991, NEH shall deem the design,
construction, or alteration of buildings in conformance with sections
3-8 of the Uniform Federal Accessibility Standards (UFAS) \2\ to comply
with Sec. 1170.33(a).\3\
---------------------------------------------------------------------------
\2\ 41 CFR Appendix A to Subpart 101-19.6 (2001), available at
<a href="https://www.govinfo.gov/app/details/CFR-2001-title41-vol2/CFR-2001-title41-vol2-part101-id389-subpart101-id424-appA">https://www.govinfo.gov/app/details/CFR-2001-title41-vol2/CFR-2001-title41-vol2-part101-id389-subpart101-id424-appA</a>.
\3\ 45 CFR 1170.33(a).
---------------------------------------------------------------------------
On September 15, 2010, the Department of Justice adopted new
accessibility standards under the Americans with Disabilities Act of
1990 (ADA) for the design, construction, and alteration of state and
local government facilities, places of public accommodation, and
commercial facilities, called the 2010 ADA Standards for Accessible
Design (the 2010 Standards).\4\ Covered entities under the ADA must
comply with the 2010 Standards for new construction or alterations that
commence on or after March 15, 2012.\5\
---------------------------------------------------------------------------
\4\ 75 FR 56236; 75 FR 56163.
\5\ 28 CFR 35.151(c)(3), 36.406(a)(3).
---------------------------------------------------------------------------
NEH routinely provides Federal financial assistance to state and
local governments and entities that operate places of public
accommodation and/or commercial facilities, within the meaning of the
Americans with Disabilities Act of 1990, to support the design,
construction, or alteration of facilities. In those cases, the
recipient of Federal financial assistance must comply with the 2010
Standards pursuant to the ADA, but must also comply with UFAS to gain
the benefit of the provisions of Sec. 1170.33(b)(1) of the Section 504
rule. These duplicative requirements impose an unnecessary
administrative burden on recipients without providing any benefit to
individuals with disabilities.
In March 2011, pursuant to its authority to coordinate the
implementation and enforcement of Section 504,\6\ the Department of
Justice advised Federal agencies that, until such time as they update
their regulations implementing the Federally assisted provisions of
Section 504, they may issue guidance to covered entities that permits
them to use the 2010 Standards as an acceptable alternative to UFAS for
new construction and alterations.\7\
---------------------------------------------------------------------------
\6\ Executive Order 12250.
\7\ Memorandum from Thomas E. Perez, Assistant Attorney General,
Division of Civil Rights, Department of Justice, to Federal Agency
Civil Rights Directors and General Counsels (March 29, 2011),
available at <a href="https://www.justice.gov/file/1464186/download">https://www.justice.gov/file/1464186/download</a> (the 2011
Memorandum).
---------------------------------------------------------------------------
II. Notice of Interpretation
Consistent with the foregoing guidance, this notification clarifies
that NEH deems compliance with the 2010 Standards to be an acceptable
means of complying with the accessibility requirements for new
construction and alterations set forth in the Section 504 rule.
Specifically, NEH interprets the requirement of Sec. 1170.33(a) of the
Section 504 rule, that covered facilities shall be ``designed and
constructed to be readily accessible to and usable by handicapped
persons,'' to permit the design, construction, or alteration of
buildings in conformance with the 2010 Standards. Once a covered entity
selects an applicable accessibility standard for new construction or
alterations under Section 504, that standard must be applied to the
entire facility.
Nothing in this document requires the design, construction, or
alteration of buildings to conform with the 2010 Standards or alters
NEH's interpretation of Sec. 1170.33(b).
[[Page 36225]]
Dated: June 9, 2022.
Samuel Roth,
Attorney-Advisor, National Endowment for the Humanities.
[FR Doc. 2022-12823 Filed 6-15-22; 8:45 am]
BILLING CODE 7536-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 16, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.