[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1251.550]



[Page 237-238]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1251_NONDISCRIMINATION ON BASIS OF HANDICAP--Table of Contents

 

Subpart 1251.5_Enforcement of Nondiscrimination on the Basis of Handicap 

  in Programs or Activities Conducted by the National Aeronautics and 

                          Space Administration

 

Sec. 1251.550  Program accessibility: Existing facilities.



    (a) General. The agency shall operate each program or activity so 

that the program or activity, when viewed in its entirety, is readily 

accessible to and usable by individuals with handicaps. This paragraph 

does not--

    (1) Necessarily require the agency to make each of its existing 

facilities accessible to and usable by individuals with handicaps;

    (2) In the case of historic preservation programs, require the 

agency to take any action that would result in a substantial impairment 

of significant historic features of an historic property; or

    (3) Require the agency to take any action that it can demonstrate 

would result in a fundamental alteration in the nature of a program or 

activity or in undue financial and administrative burdens. In those 

circumstances where agency personnel believe that the proposed action 

would fundamentally alter the program or activity or would result in 

undue financial and administrative burdens, the agency has the burden of 

proving that compliance with Sec. 1251.550(a) would result in such 

alteration or burdens. The decision that compliance would result in such 

alteration or burdens must be made by the agency head or his or her 

designee after considering all agency resources available for use in the 

funding and operation of the conducted program or activity, and must be 

accompanied by a written statement of the reasons for reaching that 

conclusion. If an action would result in such an alteration or such 

burdens, the agency shall take any other action that would not result in 

such an alteration or such burdens but would nevertheless ensure that 

individuals with handicaps receive the benefits and services of the 

program or activity.

    (b) Methods--(1) General. The agency may comply with the 

requirements of this section through such means as redesign of 

equipment, reassignment of services to accessible buildings, assignment 

of aides to beneficiaries, home visits, delivery of services at 

alternate accessible sites, alteration of existing facilities and 

construction of new facilities, use of accessible rolling stock, or any 

other methods that result in making its programs or activities readily 

accessible to and usable by individuals with handicaps. The agency is 

not required to make structural changes in existing facilities where 

other methods are effective in achieving compliance with this section. 

The agency, in making alterations to existing buildings, shall meet 

accessibility requirements to the extent compelled by the Architectural 

Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), and any 

regulations implementing it. In choosing among available methods for 

meeting the requirements of this section, the agency shall give priority 

to those methods that offer programs and activities to qualified 

individuals with handicaps in the most integrated setting appropriate.

    (2) Historic preservation programs. In meeting the requirements of 

Sec. 1251.550(a) in historic preservation programs, the agency shall 

give priority to methods that provide physical access to individuals 

with handicaps. In cases where a physical alteration to an historic 

property is not required because of Sec. 1251.550(a)(2) or (3), 

alternative methods of achieving program accessibility include--

    (i) Using audio-visual materials and devices to depict those 

portions of an historic property that cannot otherwise be made 

accessible;

    (ii) Assigning persons to guide individuals with handicaps into or 

through portions of historic properties that cannot otherwise be made 

accessible; or

    (iii) Adopting other innovative methods.

    (c) Time period for compliance. The agency shall comply with the 

obligations established under this section by November 7, 1988, except 

that where structural changes in facilities are undertaken, such changes 

shall be made



[[Page 238]]



by September 6, 1991, but in any event as expeditiously as possible.

    (d) Transition plan. In the event that structural changes to 

facilities will be undertaken to achieve program accessibility, the 

agency shall develop, by March 6, 1989, a transition plan setting forth 

the steps necessary to complete such changes. The agency shall provide 

an opportunity to interested persons, including individuals with 

handicaps or organizations representing individuals with handicaps, to 

participate in the development of the transition plan by submitting 

comments (both oral and written). A copy of the transition plan shall be 

made available for public inspection. The plan shall, at a minimum--

    (1) Identify physical obstacles in the agency's facilities that 

limit the accessibility of its programs or activities to individuals 

with handicaps;

    (2) Describe in detail the methods that will be used to make the 

facilities accessible;

    (3) Specify the schedule for taking the steps necessary to achieve 

compliance with this section and, if the time period of the transition 

plan is longer than one year, identify steps that will be taken during 

each year of the transition period; and

    (4) Indicate the official responsible for implementation of the 

plan.