36224 Federal Register / Vol. 87, No. 116 / Thursday, June 16, 2022 / Rules and Regulations 

1 29 U.S.C. 794. 

2 41 CFR Appendix A to Subpart 101–19.6 (2001), 

available at https://www.govinfo.gov/app/details/ 

CFR-2001-title41-vol2/CFR-2001-title41-vol2- 

part101-id389-subpart101-id424-appA. 

3 45 CFR 1170.33(a). 

4 75 FR 56236; 75 FR 56163. 

5 28 CFR 35.151(c)(3), 36.406(a)(3). 

6Executive Order 12250. 

7Memorandum 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 https://www.justice.gov/file/ 

1464186/download (the 2011 Memorandum). 

Supplemental Report and 

Recommendations on Agricultural 

Burning, adopted on June 17, 2021. 

(2) San Joaquin Valley Unified Air 

Pollution Control District Governing 

Board Resolution 21–06–12 ‘‘Approve 

Supplemental Report and 

Recommendations on Agricultural 

Burning,’’ adopted June 17, 2021. 

(B) California Air Resources Board. 

(1) Resolution 21–4 ‘‘San Joaquin 

Valley Agricultural Burning 

Assessment,’’ adopted on February 25, 

2021. 

(2) Letter dated June 18, 2021, from 

Richard W. Corey, Executive Officer, 

CARB, to Samir Sheikh, Executive 

Director, SJVUAPCD, concurring on the 

SJVUAPCD Supplemental Report and 

Recommendations on Agricultural 

Burning, approved June 17, 2021. 

(ii) [Reserved] 

[FR Doc. 2022–12387 Filed 6–15–22; 8:45 am] 

BILLING CODE 6560–50–P 

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; gencounsel@neh.gov. 

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). 

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 

§ 1170.33(a).3

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

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 § 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

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 § 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 § 1170.33(b). 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 116 / Thursday, June 16, 2022 / Rules and Regulations 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 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2019–0050; 

FF09E21000 FXES1111090FEDR 223] 

RIN 1018–BE15 

Endangered and Threatened Wildlife 

and Plants; Endangered Species 

Status for Marron Bacora and 

Designation of Critical Habitat 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are listing 

marron bacora (Solanum conocarpum), 

a plant species from the U.S. and British 

Virgin Islands, as an endangered species 

and are designating critical habitat for 

the species under the Endangered 

Species Act of 1973, as amended (Act). 

In total, approximately 2,548 acres 

(1,031 hectares) on St. John, U.S. Virgin 

Islands, fall within the boundaries of the 

critical habitat designation. This rule 

adds this species to the Federal List of 

Endangered and Threatened Plants and 

extends the Act’s protections to the 

species and its designated critical 

habitat. 

DATES: This rule is effective July 18, 

2022. 

ADDRESSES: This final rule is available 

on the internet at https://

www.regulations.gov in Docket No. 

FWS–R4–ES–2019–0050. Comments 

and materials we received, as well as 

supporting documentation we used in 

preparing this rule, are available for 

public inspection in the docket on 

https://www.regulations.gov. For the 

critical habitat designation, the 

coordinates or plot points or both from 

which the maps are generated are 

included in the decision file for the 

critical habitat designation and are 

available at the Caribbean Ecological 

Services Field Office’s website (https:// 

www.fws.gov/office/caribbeanecological-services/library) and at 

https://www.regulations.gov under 

Docket No. FWS–R4–ES–2019–0050. 

FOR FURTHER INFORMATION CONTACT: 

Edwin Mun ̃iz, Field Supervisor, U.S. 

Fish and Wildlife Service, Caribbean 

Ecological Services Field Office, P.O. 

Box 491, Road 301 Km 5.1, Boquero ́n, 

PR 00622; telephone 787–244–0081; 

email caribbean_es@fws.gov. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Why we need to publish a rule. Under 

the Act, a species warrants listing if it 

meets the definition of an endangered 

species (in danger of extinction 

throughout all or a significant portion of 

its range) or a threatened species (likely 

to become endangered in the foreseeable 

future throughout all or a significant 

portion of its range). We have 

determined that the marron bacora 

meets the definition of an endangered 

species; therefore, we are listing it as 

such. To the maximum extent prudent 

and determinable, we must designate 

critical habitat for any species that we 

determine to be an endangered or 

threatened species under the Act. 

Listing a species as an endangered or 

threatened species and designation of 

critical habitat can be completed only 

by issuing a rule. 

What this rule does. This rule lists 

marron bacora (Solanum conocarpum) 

as an endangered species under the Act 

and designates approximately 2,548 

acres (ac) (1,031 hectares (ha)) on St. 

John, U.S. Virgin Islands (USVI), as 

critical habitat for the species. 

The basis for our action. Under the 

Act, we may determine that a species is 

an endangered or threatened species 

because of any of five factors: (A) The 

present or threatened destruction, 

modification, or curtailment of its 

habitat or range; (B) overutilization for 

commercial, recreational, scientific, or 

educational purposes; (C) disease or 

predation; (D) the inadequacy of 

existing regulatory mechanisms; or (E) 

other natural or manmade factors 

affecting its continued existence. We 

have determined that the primary 

threats acting on marron bacora are 

habitat destruction or modification by 

exotic mammal species (e.g., whitetailed deer, goats, pigs, and donkeys) 

and invasive plants and exotic plants 

(e.g., guinea grass) (Factor A); herbivory 

by nonnative, feral ungulates and insect 

pests (Factor C); and the lack of natural 

recruitment, absence of dispersers, 

fragmented distribution and small 

population size, lack of genetic 

diversity, and climate change (Factor E). 

Section 4(a)(3) of the Act requires the 

Secretary of the Interior (Secretary) to 

designate critical habitat concurrent 

with listing to the maximum extent 

prudent and determinable. Section 

3(5)(A) of the Act defines critical habitat 

as (i) the specific areas within the 

geographical area occupied by the 

species, at the time it is listed, on which 

are found those physical or biological 

features (I) essential to the conservation 

of the species and (II) which may 

require special management 

considerations or protections; and (ii) 

specific areas outside the geographical 

area occupied by the species at the time 

it is listed, upon a determination by the 

Secretary that such areas are essential 

for the conservation of the species. 

Section 4(b)(2) of the Act states that the 

Secretary must make the designation on 

the basis of the best scientific data 

available and after taking into 

consideration the economic impact, the 

impact on national security, and any 

other relevant impacts of specifying any 

particular area as critical habitat. We are 

designating 2,548 ac (1,031 ha), 

consisting of two units on St. John, 

USVI, as critical habitat for marron 

bacora in this rule. We have excluded 

1.33 ac (0.54 ha) from the South Unit. 

Previous Federal Actions 

Please refer to the proposed rule to 

list and designate critical habitat for the 

marron bacora (85 FR 52516; August 26, 

2020) for a detailed description of 

previous Federal actions concerning this 

species. 

Summary of Changes From the 

Proposed Rule 

This final rule incorporates changes to 

our proposal (85 FR 52516; August 26, 

2020) based on the comments we 

received, as discussed below under 

Summary of Comments and 

Recommendations. Based on these 

comments, we also incorporated, as 

appropriate, new information into our 

SSA report. Minor, nonsubstantive 

changes and editorial corrections were 

made throughout both documents in 

response to comments. However, the 

information we received during the 

public comment period on the proposed 

rule did not change our determination 

that the marron bacora meets the 

definition of an endangered species. The 

information provided a better 

understanding of a finer scale of the 

proposed critical habitat units, and we 

applied changes accordingly. 

Specifically, based on new 

information received from a private 


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