78954 Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Rules and Regulations 

period in the year prior to the 

assessment period. 

(c) Is a top-tier foreign savings and 

loan holding company on December 31 

of the assessment period, with $100 

billion or more in total consolidated 

assets, as determined based on the 

average of the foreign savings and loan 

holding company’s total consolidated 

assets reported for the assessment 

period on the reporting forms applicable 

during the assessment period, provided, 

however, that if any such company has 

filed only one reporting form during the 

assessment period, the Board shall use 

an average of the foreign savings and 

loan holding company’s total 

consolidated assets reported on that 

reporting form and on the reporting 

form for the corresponding period in the 

year prior to the assessment period, or 

(d) Is a nonbank financial company 

supervised by the Board. 5. Section 

246.4 is amended by revising paragraph 

(c)(1) and by adding new paragraphs 

(d)(3) and (4) to read as follows: 

§ 246.4 Assessments. 

* * * * * 

(c) Assessment rates. Assessment 

rates means, with regard to a given 

assessment period, the two rates 

published by the Board for the 

calculation of assessments for Category 

IV and ‘‘other’’ firms and for Category I, 

II, and III firms. 

(1)(i) The assessment rate for Category 

IV and ‘‘other’’ firms will be calculated 

according to this formula: 

Assessment rate = [(Net Assessment Basis × Category IV and ‘‘other’’ firms’ share of total assessable assets of all assessed companies) × (1¥S)] 

Category IV and ‘‘other’’ firms’ total assessable assets 

(ii) The assessment rate for Category 

I, II, and III firms will be calculated 

according to this formula: 

Assessment rate = [(Net Assessment Basis × Category I, II, and III firms’ share of total assessable assets of all assessed companies) + (Net Assessment Basis × 

Category IV and ‘‘other’’ firms’ share of total assessable assets × S)] 

Category I, II, and III firms’ total assessable assets 

* * * * * 

(d) * * * 

(3) Net Assessment Basis is the 

assessment basis, as defined by 

paragraph (d)(2), net of the total $50,000 

base amount charged to all assessed 

companies. Net Assessment Basis = 

assessment basis¥(number of assessed 

companies × $50,000). 

(4) The variable S represents the 

estimated share of total costs 

attributable to changes in supervisory 

and regulatory responsibilities resulting 

from EGRRCPA for Category IV and 

‘‘other’’ firms. S = 0.1 (10 percent). 

* * * * * 

By order of the Board of Governors of the 

Federal Reserve System. 

Ann Misback, 

Secretary of the Board. 

[FR Doc. 2020–25623 Filed 12–7–20; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–0570; Product 

Identifier 2019–SW–121–AD; Amendment 

39–21337; AD 2020–24–07] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2018–26– 

02 for Airbus Helicopters (previously 

Eurocopter France) Model AS350B3, 

EC130B4, and EC130T2 helicopters. AD 

2018–26–02 required inspecting the 

pilot’s and co-pilot’s throttle twist for 

proper operation. This new AD retains 

the requirements of AD 2018–26–02 and 

adds calendar time compliance times for 

the required actions. This AD was 

prompted by a public comment that 

prompted additional review. The 

actions of this AD are intended to 

address an unsafe condition on these 

products. 

DATES: This AD is effective January 12, 

2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of February 2, 2017 (81 FR 95854, 

December 29, 2016), and January 30, 

2019 (83 FR 66093, December 26, 2018). 

ADDRESSES: For service information 

identified in this final rule, contact 

Airbus Helicopters, 2701 N Forum 

Drive, Grand Prairie, TX 75052; 

telephone 972–641–0000 or 800–232– 

0323; fax 972–641–3775; or at https://

www.airbus.com/helicopters/services/ 

technical-support.html. You may the 

view this referenced service information 

at the FAA, Office of the Regional 

Counsel, Southwest Region, 10101 

Hillwood Pkwy., Room 6N–321, Fort 

Worth, TX 76177. It is also available on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2020– 

0570. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https://

www.regulations.gov in Docket No. 

FAA–2020–0570; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

AD, the European Aviation Safety 

Agency (now European Union Aviation 

Safety Agency) (EASA) AD, any service 

information that is incorporated by 

reference, any comments received, and 

other information. The street address for 

Docket Operations is U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

George Schwab, Aviation Safety 

Engineer, Safety Management Section, 

Rotorcraft Standards Branch, FAA, 

10101 Hillwood Pkwy., Fort Worth, TX 

76177; telephone 817–222–5110; email 

george.schwab@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to remove AD 2018–26–02, 

Amendment 39–19532 (83 FR 66093, 

December 26, 2018) (AD 2018–26–02), 

and add a new AD. AD 2018–26–02 

applied to Airbus Helicopters Model 

AS350B3 and EC130B4 helicopters with 

an ARRIEL 2B1 engine with the twochannel Full Authority Digital Engine 

Control (FADEC) and with new twist 

grip modification (MOD) 073254 (for 

Model AS350B3 helicopters) or MOD 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Rules and Regulations 78955 

073773 (for Model EC130B4 helicopters) 

installed, and Model AS350B3 and 

EC130T2 helicopters with an ARRIEL 

2D engine installed. The NPRM 

published in the Federal Register on 

June 11, 2020 (85 FR 35604). The NPRM 

proposed to retain the inspection 

requirements of AD 2018–26–02 and 

include inspecting the wiring, 

performing an insulation test, inspecting 

the pilot and copilot throttle twist grip 

controls, and testing the pilot and 

copilot throttle twist grip controls for 

proper functioning. The NPRM also 

proposed to include calendar 

compliance times for the repetitive 

inspections at intervals depending on 

operating conditions. 

AD 2018–26–02 was prompted by 

EASA AD No. 2017–0059, dated April 6, 

2017, issued by EASA, which is the 

Technical Agent for the Member States 

of the European Union. EASA advised 

that the switches in the engine ‘‘IDLE’’ 

or ‘‘FLIGHT’’ control system could be 

affected by the corrosive effects of a saltladen atmosphere, which could lead to 

engine power loss. EASA advised that 

this condition, if not detected and 

corrected, could, in case of failure of the 

other switch, prevent the pilot from 

switching from ‘‘IDLE’’ to ‘‘FLIGHT’’ 

mode during training of autorotation 

landing, making aborting the 

autorotation impossible, resulting in 

unintended touchdown. 

Actions Since AD 2018–26–02 Was 

Issued 

After AD 2018–26–02 was issued, the 

FAA received comments from one 

commenter requesting the FAA clarify 

why the compliance time for the 

repetitive inspections required in AD 

2018–26–02 was given in terms of hours 

time-in-service (TIS) without also 

requiring calendar compliance times. 

The commenter stated that a lot of 

operators do not operate their aircraft 

660 hours TIS in a year and asked 

whether the FAA is concerned with 

calendar time. The FAA agreed; since 

the unsafe condition involves corrosion, 

which has a direct relationship between 

calendar time and airworthiness, it is 

necessary to add calendar time 

compliance times for all required 

actions including the repetitive 

inspections. 

Comments 

The FAA gave the public the 

opportunity to participate in developing 

this final rule, but the FAA did not 

receive any comments on the NPRM or 

on the determination of the cost to the 

public. 

FAA’s Determination 

These helicopters have been approved 

by EASA and are approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with the 

European Union, EASA has notified the 

FAA of the unsafe condition described 

in its AD. The FAA is issuing this AD 

after evaluating all of the information 

provided by EASA and determining the 

unsafe condition exists and is likely to 

exist or develop on other helicopters of 

the same type designs and that air safety 

and the public interest require adopting 

the AD requirements as proposed. 

Interim Action 

The FAA considers this AD to be an 

interim action. If final action is later 

identified, the FAA might consider 

further rulemaking then. 

Differences Between This AD and the 

EASA AD 

The EASA AD requires the initial 

inspections within 10 flight hours or 7 

days; this AD requires compliance 

before the next autorotation training 

flight, 100 hours TIS, or 6 months, 

whichever occurs earlier, as the unsafe 

condition only occurs when 

transitioning the throttle in-flight from 

flight to idle and back to flight, such as 

during a practice autorotation. 

Additionally, the EASA AD requires 

installing Airbus Helicopters MOD 

074263; this AD does not as it does not 

correct the unsafe condition. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed one document that 

co-publishes three Airbus Helicopters 

Emergency Alert Service Bulletin 

(EASB) identification numbers: No. 

05.00.61, Revision 3, dated June 15, 

2015, for Model AS350B3 helicopters; 

No. 05.00.41, Revision 2, dated June 15, 

2015, for the non-FAA type certificated 

Model AS550C3 helicopter; and No. 

05A009, Revision 3, dated June 15, 

2015, for Model EC130B4 helicopters. 

EASB Nos. 05.00.61 and 05A009 are 

incorporated by reference in AD 2018– 

26–02 and are retained for the 

requirements of this AD. EASB No. 

05.00.41 is not incorporated by 

reference in AD 2018–26–02 and is not 

incorporated by reference in this AD. 

This service information applies to 

helicopters with an ARRIEL 2B1 engine 

installed and describes procedures for a 

functional check and installation of 

protection for micro-contacts 

(microswitches) 53Ka, 53Kb, and 65K 

(IDLE/FLIGHT mode). 

The FAA also reviewed one document 

that co-publishes three Airbus 

Helicopters EASB identification 

numbers: No. 05.00.77, Revision 1, 

dated June 15, 2015, for Model AS350B3 

helicopters; No. 05.00.52, Revision 1, 

dated June 15, 2015, for the non-FAA 

type certificated Model AS550C3 

helicopter; and No. 05A014, Revision 1, 

dated June 15, 2015, for Model EC130T2 

helicopters. EASB Nos. 05.00.77 and 

05A014 are incorporated by reference in 

AD 2018–26–02 and are retained for the 

requirements of this AD. EASB No. 

05.00.52 is not incorporated by 

reference in AD 2018–26–02 and is not 

incorporated by reference in this AD. 

This service information applies to 

helicopters with an ARRIEL 2D engine 

installed and describes procedures for a 

check of the protection for microcontacts (microswitches) 53Ka, 53Kb, 

and 65K (IDLE/FLIGHT mode). 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section. 

Costs of Compliance 

The FAA estimates that this AD 

affects 617 helicopters of U.S. Registry. 

The FAA estimates that operators may 

incur the following costs in order to 

comply with this AD. Labor costs are 

estimated at $85 per work-hour. 

Inspecting the wiring, performing an 

insulation test, inspecting the pilot and 

copilot throttle twist grip controls, and 

testing the pilot and copilot throttle 

twist grip controls takes about 4 workhours, for an estimated cost of $340 per 

helicopter and $209,780 for the U.S. 

fleet per inspection cycle. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 


jbell on DSKJLSW7X2PROD with RULES
78956 Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Rules and Regulations 

Regulatory Findings 

The FAA has determined that this AD 

will not have federalism implications 

under Executive Order 13132. This AD 

will not have a substantial direct effect 

on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Will not affect intrastate aviation 

in Alaska, and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by: 

■ a. Removing Airworthiness Directive 

(AD) 2018–26–02, Amendment 39– 

19532 (83 FR 66093, December 26, 

2018); and 

■ b. Adding the following new AD: 

2020–24–07 Airbus Helicopters: 

Amendment 39–21337; Docket No. 

FAA–2020–0570; Product Identifier 

2019–SW–121–AD. 

(a) Applicability 

This airworthiness directive (AD) applies 

to the following Airbus Helicopters, 

certificated in any category: 

(1) Model AS350B3 helicopters with an 

ARRIEL 2B1 engine with the two-channel 

Full Authority Digital Engine Control 

(FADEC) and with new twist grip 

modification (MOD) 073254 or with an 

ARRIEL 2D engine installed; 

(2) Model EC130B4 helicopters with an 

ARRIEL 2B1 engine with the two-channel 

FADEC and with new twist grip MOD 073773 

installed; and 

(3) Model EC130T2 helicopters with an 

ARRIEL 2D engine installed. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

failure of one of the two contactors, 53Ka or 

53Kb, which can prevent switching from 

‘‘IDLE’’ mode to ‘‘FLIGHT’’ mode during 

autorotation training making it impossible to 

recover from a practice autorotation and 

compelling the pilot to continue the 

autorotation to the ground. This condition 

could result in unintended touchdown to the 

ground at a flight-idle power setting during 

a practice autorotation, damage to the 

helicopter, and injury to occupants. 

(c) Affected ADs 

This AD replaces AD 2018–26–02, 

Amendment 39–19532 (83 FR 66093, 

December 26, 2018). 

(d) Effective Date 

This AD becomes effective January 12, 

2021. 

(e) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(f) Required Actions 

(1) Before the next practice autorotation, 

within 100 hours time-in-service (TIS), or 6 

months, whichever occurs first, inspect the 

wiring, perform an insulation test, inspect 

the pilot and copilot throttle twist grip 

controls, and test the pilot and copilot 

throttle twist grip controls for proper 

functioning by following the 

Accomplishment Instructions, paragraph 

3.B.1 through 3.B.6, of Airbus Helicopters 

Emergency Alert Service Bulletin (EASB) No. 

05.00.61, Revision 3, dated June 15, 2015, for 

Model AS350B3 helicopters with an ARRIEL 

2B1 engine; EASB No. 05.00.77, Revision 1, 

dated June 15, 2015, for Model AS350B3 

helicopters with an ARRIEL 2D engine; EASB 

No. 05A009, Revision 3, dated June 15, 2015, 

for Model EC130B4 helicopters; or EASB No. 

05A014, Revision 1, dated June 15, 2015, for 

Model EC130T2 helicopters, as appropriate 

for your model helicopter. 

(2) Repeat the inspections in paragraph 

(f)(1) of this AD at intervals not to exceed the 

following compliance times. For purposes of 

this AD, salt laden conditions exist when a 

helicopter performs a flight from a takeoff 

and landing area, heliport, or airport less 

than 0.5 statute mile from salt water or 

performs a flight within 0.5 statute mile from 

salt water below an altitude of 1,000 ft. above 

ground or sea level. 

(i) For helicopters that have operated in 

salt laden conditions since the previous 

inspection required by this AD, at intervals 

not to exceed 330 hours TIS or 6 months, 

whichever occurs first. 

(ii) For helicopters that have not operated 

in salt laden conditions since the previous 

inspection required by this AD, at intervals 

not to exceed 660 hours TIS or 12 months, 

whichever occurs first. 

(g) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Rotorcraft Standards 

Branch, FAA, may approve AMOCs for this 

AD. Send your proposal to: George Schwab, 

Aviation Safety Engineer, Safety Management 

Section, Rotorcraft Standards Branch, FAA, 

10101 Hillwood Parkway, Fort Worth, Texas 

76177; telephone 817–222–5110; email 9- 

ASW-FTW-AMOC-Requests@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, the FAA suggests 

that you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office, before 

operating any aircraft complying with this 

AD through an AMOC. 

(h) Additional Information 

The subject of this AD is addressed in 

European Aviation Safety Agency (now 

European Union Aviation Safety Agency) AD 

No. 2017–0059, dated April 6, 2017. You may 

view the EASA AD on the internet at https:// 

www.regulations.gov in Docket No. FAA– 

2020–0570. 

(i) Subject 

Joint Aircraft Service Component (JASC) 

Code: 7697, Engine Control System Wiring. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(3) The following service information was 

approved for IBR on February 2, 2017 (81 FR 

95854, December 29, 2016). 

(i) Airbus Helicopters Emergency Alert 

Service Bulletin (EASB) No. 05.00.61, 

Revision 3, dated June 15, 2015. 

(ii) Airbus Helicopters EASB No. 05A009, 

Revision 3, dated June 15, 2015. 

Note 1 to paragraph (j)(3): Airbus 

Helicopters EASB Nos. 05.00.61 and 05A009, 

both Revision 3 and dated June 15, 2015, are 

co-published as one document along with 

Airbus Helicopters EASB No. 05.00.41, 

Revision 2, dated June 15, 2015, which is not 

incorporated by reference in this AD. 

(4) The following service information was 

approved for IBR on January 30, 2019 (83 FR 

66093, December 26, 2018). 

(i) Airbus Helicopters EASB No. 05.00.77, 

Revision 1, dated June 15, 2015. 

(ii) Airbus Helicopters EASB No. 05A014, 

Revision 1, dated June 15, 2015. 

Note 2 to paragraph (j)(4): Airbus 

Helicopters EASB Nos. 05.00.77 and 05A014, 

both Revision 1 and dated June 15, 2015, are 

co-published as one document along with 

Airbus Helicopters EASB No. 05.00.52, 

Revision 1, dated June 15, 2015, which is not 

incorporated by reference in this AD. 

(5) For service information identified in 

this AD, contact Airbus Helicopters, 2701 N 

Forum Drive, Grand Prairie, TX 75052; 

telephone 972–641–0000 or 800–232–0323; 

fax 972–641–3775; or at https://

www.airbus.com/helicopters/services/ 

technical-support.html. 

(6) You may view this service information 

at the FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood Pkwy., 

Room 6N–321, Fort Worth, TX 76177. For 

information on the availability of this 

material at the FAA, call 817–222–5110. 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Rules and Regulations 78957 

1The Fair Housing Act refers to people with 

‘‘handicaps.’’ Subsequently, in the Americans with 

Disabilities Act of 1990 and other legislation, 

Congress adopted the term ‘‘persons with 

disabilities’’ or ‘‘disability,’’ which is the preferred 

usage. Accordingly, this document hereinafter uses 

the terms ‘‘persons with disabilities,’’ ‘‘disability,’’ 

or ‘‘disabled,’’ unless directly quoting the Fair 

Housing Act. 

2 42 U.S.C. 3604(f)(3)(C). 

3 42 U.S.C. 3604(f)(5)(C). 

4The Fair Housing Design Manual, August 1996, 

revised 1998, is available at https://

www.huduser.gov/portal/publications/PDF/ 

FAIRHOUSING/fairfull.pdf. 

(7) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email fedreg.legal@nara.gov, or go to: https:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on November 17, 2020. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2020–26867 Filed 12–7–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 100 

[Docket No. FR–6138–F–02] 

RIN 2529–AA99 

Fair Housing Act Design and 

Construction Requirements; Adoption 

of Additional Safe Harbors 

AGENCY: Office of the Assistant 

Secretary for Fair Housing and Equal 

Opportunity, HUD. 

ACTION: Final rule. 

SUMMARY: This rule amends HUD’s Fair 

Housing Act design and construction 

regulations by incorporating by 

reference the 2009 edition of the 

International Code Council (ICC) 

Accessible and Usable Buildings and 

Facilities (ICC A117.1–2009) standard, 

as a safe harbor. The Accessible and 

Usable Buildings and Facilities standard 

is a technical standard for the design of 

facilities that are accessible to persons 

with disabilities. This rule also 

designates the 2009, 2012, 2015 and 

2018 editions of the International 

Building Code (IBC) as safe harbors 

under the Fair Housing Act. The IBC is 

a model building code and not law, but 

it was adopted as law by various states 

and localities. The IBC provides 

minimum standards for public safety, 

health, and welfare as they are affected 

by building construction. 

DATES: Effective Date: March 8, 2021. 

The incorporation by reference of 

certain publications listed in the rule is 

approved by the Director of the Federal 

Register as of March 8, 2021. The 

incorporation by reference of certain 

other publications listed in the rule is 

approved by the Director of the Federal 

Register as of November 24, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Grosso, Director, Office of 

Enforcement, Office of Fair Housing and 

Equal Opportunity, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Washington, DC 

20410–2000; telephone number (202) 

708–2333 (this is not a toll-free 

number). Hearing- or speech-impaired 

individuals may access this number via 

TTY by calling the toll-free Federal 

Information Relay Service at (800) 877– 

8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Title VIII of the Civil Rights Act of 

1968, as amended, (42 U.S.C. 3601 et 

seq.) (the ‘‘Fair Housing Act’’ or ‘‘Act’’) 

prohibits discrimination in housing and 

housing-related transactions based on 

race, color, religion, national origin, sex, 

disability and familial status.1 The Act 

provides, inter alia, that unlawful 

discrimination against persons with 

disabilities includes the failure to 

design and construct covered 

multifamily dwellings for first 

occupancy after March 13, 1991, in a 

manner that ‘‘(1) the public and 

common use portions of such dwellings 

are readily accessible to and usable by 

handicapped persons; (2) all the doors 

designed to allow passage into and 

within all premises within such 

dwellings are sufficiently wide to allow 

passage by handicapped persons in 

wheelchairs; and (3) all premises within 

such dwellings contain the following 

features of adaptive design: (a) An 

accessible route into and through the 

dwelling; (b) light switches, electrical 

outlets, thermostats, and other 

environmental controls in accessible 

locations; (c) reinforcements in 

bathroom walls to allow later 

installation of grab bars; and (d) usable 

kitchens and bathrooms such that an 

individual in a wheelchair can 

maneuver about the space.’’ 2 The Fair 

Housing Act does not contain specific 

technical design criteria that need to be 

followed to comply with the design and 

construction requirements. It does 

provide, however, that compliance with 

the appropriate requirements of the 

‘‘American National Standard for 

buildings and facilities providing 

accessibility and usability for physically 

handicapped people (commonly 

referred to as ANSI A117.1), suffices to 

satisfy the requirements of [42 U.S.C. 

3604(f)(3)(C)(iii)],’’ which states the 

Act’s design and construction 

requirements for the interiors of covered 

multifamily dwellings. 

The Fair Housing Act directs HUD to 

‘‘provide technical assistance to states 

and units of local government and other 

persons to implement [the design and 

construction requirements].’’ 3 On 

March 6, 1991 (56 FR 9472), HUD 

published the ‘‘Final Fair Housing 

Accessibility Guidelines’’ which set 

forth specific technical guidance for 

designing covered multifamily 

dwellings to be consistent with the Act. 

Section I of the Guidelines states, 

‘‘[t]hese guidelines are intended to 

provide a safe harbor for compliance 

with the accessibility requirements of 

the Fair Housing Act.’’ On June 24, 1994 

(59 FR 33362), HUD published its 

‘‘Supplement to Notice of Fair Housing 

Accessibility Guidelines: Questions and 

Answers about the Guidelines.’’ HUD 

published a Fair Housing Act Design 

Manual (Design Manual) in 1996 that 

was reissued in 1998 with minor 

changes. The Design Manual is also a 

safe harbor for compliance with the 

Act.4

Since HUD published its Fair Housing 

Act final rule on January 23, 1989 (54 

FR 3232), the ANSI A117.1 accessibility 

standard has been updated several 

times. HUD, as a member of the A117 

Committee that updates the A117.1 

standard, participates in these updates. 

HUD also periodically reviewed these 

updated standards, as part of its 

mandate to provide technical assistance 

to state and local governments to 

incorporate the Act’s design and 

construction requirements into their 

laws and procedures for review and 

approval of newly constructed 

multifamily dwellings. HUD published 

a final rule on October 24, 2008 (73 FR 

63614) that incorporated by reference 

ICC/ANSI–2003 and clarified that 

compliance with the appropriate 

requirements of CABO/ANSI A117.1– 

1992 and ICC/ANSI–1998 continued to 

meet the design and construction 

requirements of the Fair Housing Act. 

See 24 CFR 100.201a(b)(1). The 2008 

final rule also updated the regulations to 

reference certain editions of the IBC as 

safe harbors for compliance with the 

accessibility requirements in the Fair 

Housing Act. HUD’s final rule codified 

these additional design and 

construction standards that HUD 

recognized as safe harbors at 

§ 100.205(e). 


jbell on DSKJLSW7X2PROD with RULES