ML20206E884

EDO Control of Rulemaking Package Re 10CFR4, Nondiscrimination in Federally Assisted Commission Program, on Nondiscrimination on Basis of Handicap,Age or Sex.Continuation of Rulemaking Approved

ML20206E884
Person / Time
Issue date:	10/08/1985
From:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Kerr G NRC OFFICE OF STATE PROGRAMS (OSP)
References
NUDOCS 8606240028
Download: ML20206E884 (135)

Text

{{#Wiki_filter:00K08 35 40 b hg MEMORANDUM FOR: William B. Kerr, Director Office of OSDBU/CR b 60 FROM: William J. Dircks Executive Director for Operations

SUBJECT:

CONTROL OF NRC RULEMAKING 13, 1984, " Control of NRC Rulemaking by Offices By memorandum of February Reporting to the EDO," Offices were directed that effective April 1,1984, (1) all offices under EDO purview must obtain my approval to begin and/or continue a specific rulemaking, (2) resources were not to be expended on rule-makings that have not been approved, and (3) RES would independently review rulemaking proposals forwarded for my approval and make recommendations to me concerning whether or not and how to proceed with the rulemakings. In accordance with my directive, the following proposal concerning rulemaking has been forwarded for my approval. Revision of 10 CFR Part 4 (Nondiscrimination in Federally Assisted Comission Programs) concerning nondiscrimination on the basis of (1) handicap, (2) age, (Sponsored by OSDBU/CR-memorandum, Minogue to ED0 dated August 22, or (3 sex. 1985. My understanding is that these legislatively mandated rulemakings (1 through 3 above), which concern NRC and its contractors / vendors, are pending final action at Department of Justice (D0J) direction. Resources will not be expended on these rulemakings until D0J direction is received concerning final action on the rulemakings. Depending on when and what D0J direction is received, the rulemakings could take longer than 2 years to complete. Based on the aforementioned understanding and consideration of NRC and my commitment to equal employment opportunity, I approve continuation of the rulemakings. I expect that prompt D0J direction concerning final action on the rulemakings continues to be solicited by the staff. The NRC Regulatory Agenda (NUREG_0936) should be modified to reflect the status of these rulemakings. @606240028 851008 EDO RM 4 PDR William J. Dircks Executive Director for Operations cc: V. Stello Distribution: J. Roe WJDircks -JHSniezek H. Denton VStello WSchwink J. Taylor JPhilips JHenry R. Minogue EDO rf Central File P. Norry DEDROGR cf J. Davis

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AUG 2 2 lb-lEMORANDUli FOR: William J. Dircks y~ Executive Director for Operations Q IN( FROM: Robert B. [11nogue, Director g' Office of Nuclear Regulatory Research

SUBJECT:

CONTROL 0F RULEMAKING: RES INDEPENDENT REVIEW 0F ONG0ING RULEMAXINGS SPONSORED BY SDBU/CR Based on our independent reviews of the rulemakings, " Nondiscrimination on the Basis of Handicap in Nuclear Regulatory Commission Programs," "Nondiscrimina-tion on the Basis of Age in Federally Assisted Commission Programs," and "Non-discrimination on the Basis of Sex--Title IX of the Education Acendment of 1972, as Amended," sponsored by SDBU/CR, RES recommends that the rulemaking concerning Nondiscrimination Based on Handicap be continued and that the rules concerning Nondiscrimination Based on Age and Nondiscrimination Based on Sex be removed from the current regulatory agenda. The basis for our recommendations is as follows: The proposed rulemaking concerning Nondiscrimination Based on Handicap was o published jointly with the Department of Justice and two dozen other Federal agencies, in the Federal Register, during August 1984. Public comments received by the NRC have been forwarded to the Department of Justice for review and integration. The NRC anticipates feedback on these comments from the Justice Department later this summer at which time a final NRC final rulemaking package will be prepared by SDBU/CR. It is currently anticipated that final Commission action on this rulemaking can be achieved prior to June 1987. o The proposed rulemaking concerning Nondiscrimination Based on Age was published in the Federal Register during September 1981. Since that time, the parent legislative act is being challenged in court, and processing of the rulemaking package has been suspended by the NRC-sponsoring office. Legal challenges brought by special interests groups generally seek to expand the list of government-sponsored activities covered by the rule and to eliminate from the rule any exceptions under which discrimination due to age is permitted. Legal counsel of the Justice Department informed the NRC-sponsoring office, in May 1985, that the subject litigation, including appeals, could costinue for an extended period (1 or more years). There-fore, due to litigation and preliminary status of the rulemaking, it is

r A, 2 highly unlikely that final action on the rule can be taken by the Comission during or prior to June 1987. o The parent legislative act of NRC's pre-proposed rulemaking concerning Nondiscrimination Based on Sex, to be promulgated with the Department of Justice,' currently in litigation, is being challenged in the courts; and processing of the rulemaking has been suspended by the NRC-sponsoring office.- Legal challenges brought by special interests groups generally seek to expand the list of government-sponsored activities covered by the rule and to eliminate from the rule any exceptions under which dis-crimination due to sex are permitted. Legal counsel of the Justice Department-informed the NRC-sponsoring office, in May 1985, that litigation, including appeals, could continue for an extended period (1 or more. years). Therefore, due to litigation and the preliminary status of the rulemaking, it is not anticipated that final action on the rule can be taken by the Commission during or prior to June 1987. Copies of the complete RES independent review package have been sent to OEDO (Attention: C" ROGR) and to the Director of SDBU/CR. h [ l$ Robert B. Minogue, Director Office of Nuclear Regulatory Research

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0 0 RES TASK LEADER EVALUATION 4 4

FIRST PART OF RES STAFF REVIEW o Quality Control Evaluation: Each of the rulemaking packages 5.ubmitted for this review (nondiscrimination based on handicap, age and sex respectively) contained a draft and/or final Federal Register Notice of Proposed Rulemaking. Other materials required, per current NRC rulemaking documentation standards, to complete each rule-making package have not yet been prepared by the sponsoring office (SDBU/CR) thus limiting the scope an dveracity of the review. (At the request of the RES Task Leader, SDBU/CR staff and participating Division of Rules and Records staff, provided to the RES Task Leader, information on their interactions and coordination with other Federal agencies affected by the parent legislation, status of litigation pending on the parent age and sex legislation, and schedule for achieving a final NRC handicap rulemaking package during the next 12-months.) / G J

SECOND PART OF RES STAFF REVIEW o The issue to be addressed, i.e., the problem to be corrected: The purpose of the three rulemaking packages considered during this review is to provide implementing regulations and standards, as required by non-discrimination legislative acts concerning handicapped Persons, age and sex, passed by the U.S. Congress during the 1970s. At the present time, the NRC has no regulations and standards for implementing the provisions of these legislative acts among its own personnel or among agencies receiving Federal assistance from the NRC. The problem to be corrected by Section 504 of the Rehabilitation Act of 1973 (handicapped persons), Section 6102 of the Age Discrimination Act of 1975, Title IX of the Education Amendment of 1972 (discrimination due to sex), and the implementing standards proposed in the subject rulemakings is the amelioration of discrimination in Federally funded activities on the basis of handicap, age or sex. o The necessity and urgency for addressing the issue: The Nondiscrimination Acts addressed in the subject rulemakings require that implementing regulations and standards be promulgated by Federal agencies they affect, such as the NRC. The rulemaking, " Nondiscrimination on the Basis of Handicap in Nuclear Regulatory Comission Programs" was published jointly in the Federal Register as a proposed rule with the Department of Justice (D0J) and some two-dozen other Federal agencies, during August 1984. Public coments received on.the proposed rule are currently being reviewed by the D0J. Legal counsel of the D0J anticipates resolution of these coments by the end of Sumer 1985. At that time (circa September 1985) the NRC sponsoring office (SDBU/CR) will prepare a final rulemaking package tailored to the NRC and other agencies whose activites it sponsors. Based on previous rulemaking actions, it is the judgement of the RES Task Leader, that this rulemaking action can be completed during or prior to June 1987. a

i The rulemaking, " Nondiscrimination of Basis of Age in Federally Assisted Commission Programs" was published in the Federal Register as a proposed rule by the NRC, during September 1981. Immediately following publication of the proposed rule, the Age Discrimination Act of 1975, which the NRC proposed rulemaking was to implement, came under challenge in the courts. That litigation is still in progress. Legal counsel of the 00J informed the NRC sponsoring office, in May 1985, that the aforementioned litigation, including appeals, could continue for one or more years. Therefore, the NRC sponsoring office (SDBU/CR) has determined that it will not take further action on the rule until such time that litigation has been completed. The rulemaking, "Nondicrimination on the Basis of Sex - Title IX of the Education Amendments of 1972" is still in the pre proposed stage of development. During its preparation in 1981, its parent Act came under court challenge. The NRC sponsoring office determined that no further action on the rule would be undertaken until such time that litigation was completed. Legal counsel of D0J informed the NRC sponsoring office, in May 1985, that the litigation, including appeals, could continue for one or more years. o Alternatives to rulemaking: Based on the language of the parent legislative Acts, there appears to be no alternative to rulemaking. Section 504 of the Rehabilitiation Act of 1973 (concerning handicapped persons) requires that affected Federal agencies such as the NRC, promulgate implementing regulations. Section 6102 of the Age Discrimination Act of 1975 directs all Federal agencies empowered to provide Federal financial assistance to issue rules, regulations and directives implementing the Act. Title IX of the Education Amendments of 1972 (anti-sex discrimination) directs that Federal agencies issue appropriate implementing rules and regulations. o How the issue will be addressed through rulemaking: Implementing regulations and standards for current laws forbidding discrimination on the basis if handicap, age or sex, will be achieved

through the rulemaking actions of the type reviewed here. Preparation of a final rulemaking package concerning handicapped persons will begin in September 1985. Activity on the rulemakings concerning age and sex discrimination will be reinitiated by the sponsoring office (SDBU/CR) at such time that pending litigation is completed. o How the public, industry, and NRC will be affected: The three rulemaking packages reviewed here apply only to the NRC, and agencies whose activities are funded by the NRC. None of these rule-makings are directed toward the general public or the nuclear utility industry. It is estimated by the RES Task Leader that dollar costs incurred, directly and indirectly, by the NRC on an annual basis due to implementing each of three rulemakings will be $1M, for a total cost of $3M per annum (3 X $1M). o NRC resources and scheduling needed for rulemakings: The RES Task Leader estimates that the final rulemaking concerning Non-discrimination Based on Handicap will require approximately 12 staff-months to complete, in addition to resources expended to date. The RES Task Leader estimates that the final rulemaking concerning Nondiscrimination Based on Age will require approximately 12 staff-months to complete, in addition to the resources expended to date. The RES Task Leader estimates that the proposed and final rulemakings concerning Nondiscrimination Based on Sex will require approximately 20 staff-months to complete, in addition to resources expended to date. i l l t

THIRD PART OF RES STAFF REVIEW o The need for the rulemaking: It has been determined by the U.S. Congress that discrimination based on handicap, age and sex is a problem affecting Federal agencies and agents funded by those agencies. The U.S. Congress has mandated as part of its legislation concerning handicapped persons, age and sex, that Federal agencies covered by these legislative acts will promulgate rules, regulations and standards for implementing provisions of those acts. o Consistancy of the rulemakings with applicable policies and planning guidance: The issues of nondiscrimination based on handicap, age or sex are not addressed in NRC 1985 policy and planning guidance. o Importance of the rulemakings relative to accomplishing the NRC's mandate: The rulemakings reviewed herein, are not necessarity crucial to the NRC's mandate concerning the public health and safety. They are important, however, to the NRC in accomplishing its equal employment opportunity mission mandated by the Congress.

9 BACKGROUND INFORMATION PROVIDED BY RES TASK LEADER O

RES Task Leader Background Infsrmation Three rulemaking packages received from the Office of Small and Disadvantaged Business Utilization and Civil Rights (SDBU/CR) were reviewed for their necessity, timeliness and completeness vis-a-vis current NRC rulemaking documentation standards. The three rulemaking packages addresse non-discrimination based on handicap, age and sex respectively. Rulemaking packages received from the sponsoring NRC office contained NRC Federal Register Notice mark-ups only. Other materials normally associated with NRC rulemakings (e.g., regulatory analyses, indications of clearance from the Office of Mancgement and Budget [0MB] for reporting requirements, analyses of public comments) were not included in the packages. Therefore, the following procedures were followed to conduct this RES independent review: ~ ~ ~ ~ Federal Register Notice mark-ups were reviewed for their internal o consistancy, completeness and format vis-a-vis current NRC rule- ~ making documentation standards. o Meetings / discussions were held with SDBU/CR staff and Division of Rules and Records staff, to acquire other needed information to complete the review (e.g., rulemaking status, availability of other rulemaking package documentation, information on court challenges to the parent age and sex legislation, and anticipated schedules for l pursuing the handicap, age, and sex rulemakings). I 1 1

I 4 9 RES TASK LEADER RECOMENDATIONS e 9 m O

RES Task Leader Recommendation It is the RES Task Leader's judgement that NRC should continue the ongoing rulemaking concerning Nondiscrimination Based on Handicap, and that the ongoing rulemakings concerning Nondiscrimination Based on Age and Nondiscrimination Based on Sex, should be removed from the current regulatory agenda. The bases for these recommendations are as follows: o The proposed rulemaking concerning Nondiscrimination Based on Handicap was published jointly with the Department of Justice (D0J) and two-dozen other Federal Agencies, in the Federal Register, during August 1984. Public comments received are currently undergoing review at the D0J. The sponsoring NRC Office (Small an.1 Disadvantaged Business Utilization and Civil Rights [SDRU/CR]) anticipates no litigation relating to this ^ ~ ~ rulemaking, and anticipates that preparation of a final NRC rulemaking package can commence in September 1985. The rulemaking is recognized ' as necessary by the Congress, NRC sponsoring office (concurred in by the RES Task Leader) and some two-dozen other Federal agencies, to enforce provisions of mandated Section 504 of the Rehabilitation Act of 1973, as amended, in this case within the NRC and by recipients of Federal assistance from the NRC. It is the judgement of the RES Task Leader that given the necessity of the rulemaking to bring the NRC into compliance with current law concerning Nondiscrimination Based on Handicap, and given a September 1985 start date, a final rulemaking package can be completed, coordinated within the staff, and acted upon by the Commission during or prior to June 1987. o The proposed rulemaking concerning Nondiscrimination Based on Age was published, in the Federal Register, during September 1981. Since that time, the parent Act is being challenged in the courts. Legal counsel of the D0J informed the NRC sponsoring office, in May 1985, that this litigation, including appeals, will likely continue for and extended period (one or more years). The rulemaking is deemed necessary by the Congress, NRC sponsoring office, HHS, D0J, etc., (concurred in by the RES Task Leader), to implement provisions of the mandated Age Discrimination Act of 1975, as amended, in this case within the NRC and

Recommendation 2 2 Ly recipients of Federal assistance from the NRC. The NRC sponsoring office states that it intends to take no further action on the rulemaking until the aforementioned litigation is completed (Memoramdum from Kerr to Minogue, dated May 6, 1985, cover sheet to this review package). Notwithstanding the necessity for the rule to bring the NRC into compliance with current law regarding Nondiscrimination Based on Age, but given the current prognosis for resolving ongoing litigation and the very preliminary documentation available, to date, on the final rulemaking package (e.g., regulatory analysis, paperwork reduction justification-and analysis of public comments are yet to be prepared), it is the judgement of the the RES Task Leader that this-rulemaking cannot be completed during or prior to June 1987. o The pre proposed rulemaking (yet to appear in the Federal Register as ) a proposed rule) concerning Nondiscrimination Based on Sex, is being j pursued jointly with the D0J. At the present time the parent Act ^~ concerning sex discrimination is being challenged in the courts. Legal counsel of the D0J informed the NRC sponsoring office, in May 1985, that sex discrimination related litigation will likely continue for an extended period (one or more years). The rulemaking is deemed necessary by the NRC, D0J, etc., (concurred in by the RES Task Leader), 1 to implement provisions of the mandated Title IX of the Education Amendments of 1972, as amended, in this case within the NRC and by recipients of Federal assistance from the NRC. Nonetheless, the NRC sponsoring office states that its intends to take no further action on the rulemaking until the aforementioned litigation is completed (Memorandum from Kerr to Minogue, dated May 6, 1985, cover sheet to this review package). Notwithstanding the necessity for the rule to bring the NRC into compliance with current law concerning Nondiscrimination Based on Sex, but given the current prognosis for resolving ongoing litigation and the very preliminary documentation available, to date, on the proposedrulemakingpackage,itisthejudgementoftheRESTaskLeader that this rulemaking cannot be completed during or prior to June 1987.

Dets ROUTING AND TRANSMITTAL SUP AUC 1.' 1, in tName, ease symbol, reem eumber, weiens Dete 6mmens. Agency /Peet) 3. W. M. Morrison, Member, RIRS g K. R. Goller, Member, RIRB G. A. Arlotto,11 ember, RIRB g 4. S. - y Actkin " Fue Note and Retum Approval For Cleerence Per Conversation ) As Requested For Correction Propero Reply Circulate For Your Information See Me ~ ~ ~ er -.c 1 - _ - _ sinneture P:- 2 :":- Justify. meannns He are at step III.C.2, "P, IRS deliberations," of.the RES independent review procedures for the attached specific ongoing rulemaking sponsored by 5oeu h.( ~ ) Please evaluate the. attached draft independent review 1 1 package and provide RAftRB with your voting sheet indicating your position on the rulemaking. will assist in RES' makingkosY \\9 M5ndependelit recommendat Your response by c.o.b. B v to the EDO in a timely manner. l DO NOT use this term as e ItECORD of approwels, eencurrences, P* eteorences, and simiter actions FROIL (Name, org. symber, Agency / Post) Room No. 4 4ds. RAMRB staff Phone ne. 443-7885 east-Me OPTIostAL Ponte 41 (hov. 7-76)

• GP02 1993 0 - 381-529 (2 m

oo i.! 5 1 FOE PE tiDI t.1 1.1 \\ 1 Ek' BOARD V OT itiG St:I El 10: F. P. GILLESPIE, CHAIRMAN, RIRB FROM: W. M. Morrison, Member, RIRB '%d N 9 %uih w h TITLE OF RULEl% KING: %QAG3 % Weo w w & k '~ e, W D A - W AGREE WITH RECOMMENDATIONS IN RES RULEMAKING REVIEW PACKAGE MODIFY RECOMMENDATIONS IN NOT PARTICIPATING

• RES RULEMAKING REVIEW PACKAGE AS INDICATED BELOW COMMENTS AND SUGGESTIONS:

FC W W. M. Morrison MEMBER, RIRB r//r/B~ DATE

RE 5 IfiDE T'E t ::r ',- i, :1 L 1.:::,: V011ri:- 5 ii-10: F. P. GILLESPIE, CHAIRMAN, RIRE FROM: K. R. Goller, Member, R1RB M ewMwM6 ss w. LE h TITLE OF RULEMAKING: AMNe W es W_ O M i h p b h*%b + C G M / AGREE WITH RECOMMENDATIONS REQUEST R1RB V IN RES RULEMAKING REVIEW MEETING. PACKAGE MODIFY RECOMMENDATIONS IN NOT PARTICIPATING-RES RULEMAKING REVIEW PACKAGE AS INDICATED BELOW COMMENTS AND SUGGESTIONS: l c // d2 f EEv.uR?*Wi a/M/or DATE

MS i 3 1985 li t it DI ti f. !',~ i.. : l i E D U.:' W V011t.: 5 c! Il 10: F. P. GILLESPIE, CHAIRMAN, RIRB FR0f4: G. A. Arlotto, Member, RIRB 9& % r-- w wW W TITLE OF RULEMAKING: uch-~WrA%~ umMwMM&W%E b(f / AGREE WITH RECOMMENDATIONS REQUEST RIRB MEETING. V IN RES RULEMAKING REVIEW PACKAGE MODIFY RECOMMENDATIONS IN NOT FARTICIPATING* RES RULEMAKING REVIEW PACKAGE AS INDICATED BELOW COMMENTS AND SUGGESTIONS: l [ s l G. f. Arlotto MEMBER, RIRB d 0/ h' l DATE i l l

OFFICE REVIEW PACKAGE RECEIVED FROM SDBU/CR 4

/ UNITED STATES [ g NUCLEAR REGULATORY COMMISSION s j wAsmwoTow o.c.zosss l nu a os MEMORANDUM FOR: Robert B. Minogue, Director Office of Nuclear Regulatory Research FROM: W. B. Kerr, Director Office of Small and Disadvantaged Business Utilization / Civil Rights

SUBJECT:

RES INDEPENDENT REVIEW 0F ONGOING RULEMAKINGS As requested by your memorandum dated April 8,1985, enclosed are pending proposed rulemakings of the Office of Small and Disadvantaged Business Utilization / Civil Rights. The regulations pertaining to Mondiscrimination on the Basis of Age in Federally Assisted Comission Programs were approved for publication by the Department of Health and Human Services (HHS). The final regulations have not been published at the request of the Department of Justice, due to the pendency of litigation challenging certain portions of the HHS regulations. Rulemaking pertaining to Nondiscrimination on the Basis of Sex is also being challenged in court, and will not be further processed until clearance is obtained from the Justice Department. _. The proposed rule covering Nondiscrimination on the Basis of Handicap in NRC Programs, was published jointly in the Federal Register on January 11, 1984, with the Department of Justice and a large number of other Federal agencies. Following expiration of the comment period, the Department of Justice requested that all comments received by NRC be forwarded to Justice for review. We are currently waiting for further instructions from the Justice Department. We have been coordinating the rulemaking process with the Division of Rules and Records, Rules and Procedures Branch and with the Office of the Executive Legal Director. If you have any questions or guidance on this matter please call me on extension 24665. Office of Small and Disadvantaged Business Utilization / Civil Rights

Enclosures:

As stated i

s { OFFICE REVIEW PACKAGE RECEIVED FROM SDBU e - m

34132 Fedegal Register / Vol. 49. No.168 / Tuesday. August 28.1964 / Proposed Rules gIATIONAL CAPITAL PLANNING SENERAL SERVICES 304 of the Rehab111tation Act of1973, as COGMSISSION ADeslNISTRATION apnended (29 U.S.C. 794), as it applies to programs and activities conducted by 1 CFR Part 457 r 41 CPR Part 101-4 1be following agendes(hereinaner the NATIONAL COGAMISSION FOR NATIONAL FOUNDATION ON THE - agencies"): National Capital Planning ERAPLOYMENT POUCY ARTS AND THE HUMANITIES r==laalon. National emn= talon for EmploymentPolicy U.S. Nuclear 1 CFR Part 500 testional Endowment for the Arte Regulatory r==laalan National Credit Union Ad=lalatration. Commodity NUCLEAR REGULATORY 45 CFR Part 1153 Futures Trading ra==I= ion. Tennessee cot 004tSSION PEDERAL MARITMAE COMMM Valley Authority Unitled States 10 CFR Part 4 Department of State. U.S. Information 46 CFR Part 507 Agency. Inter.American Foundation. NATIONAL CREDIT UNION e Japan-United States Friendship ADGAINISTRATION SiTERSTATE CotinIEMCE c-=f aalon. Navajo and HopiIndian COGMAtSSION Relocation Commission. Occupational = 12 CM PerON Safety and Health Review Commission. AS CFR Part 1014 COGAMODITY FUTURES TRADN4G Pension Benefit Guaranty Corporation. COtsulSSION Enforcement of Nondoortmination on Advisory Council of Historic Wie Seels et Henecepin Federesy Preservation. Pennsylvania Avenue 17 CFR Part 149 Conducted Programs Development Corporation. Commission TENNESSEE VALLEY AUTHORITY of Find Arts. Committee for Purchase asescsee: National Capital Plannin8 bom the Blind and Other Severely 14 CFR Part 1313 P-=I=f on: National ra==f==taa ser Handicapped. General Sonices Employment Policy: Nuclear Regulatory - ' Administration.NationalEndowment DEPARTRIENT OF STATE c-=tanton: National Credit Union - gar the Arts. Federal Maridme 22 CFR Part 144 Admiaintration: Commodity Futums Commission.latorstate Commerce Trading Commission: Tennessee Valley emn=f=lae. As===adad by the UNITED STATES INFORIAATION Authority: Department of State; U.S. Rehabilitation. Comprehensive Service. AGENCY Information Agency: Inter-American and DevelopmentalDisabilities Foundation: Japan-United States Amendments of1973 (Sec.119. Pub. L 22 CFR Part 530 Friendship Commission: Navajo a Hopt es-402. 92 Stat. ses2?. section 504 of the r Indian Relocation Commission: - Rehabilitation Act of 1973 states that: stTER-AldERICAli TIO88 i Occupational Safety and Health Review Pf,h,x _ d i 22 CFR Part100s. Co==lanton: Pension BeneBt Guaranty he h as a JAPAN-UNITED STATES PRIENDSHIP 7 be M a on. vania ' h'** *, l COedistSSION

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Commission of Fine Arts: Committee for. under any program er activity moelving 22 CFR Part 1000 Purchase From the Blind and Other Federal anansat assistance er under any MAVAJO & HOPl #fDIAN RELOCATION Severely Handicapped; Ceneral Services, program eractivity omnhetedby any j COtHetSSION Administration: National Endowment hecutive gency or she usiesdStarse Asesef for the Arts: Federal Maritime 8erviose De A**do/**cA 8"cA 8ssac78Aall 25 Cm Put 720 Interstate mn==ce promuirase such regulatione e maybe C==Imalon: e i OCCUPATIONAL SAFETY AND Commission. 7 m aerry est she amanhiene ao HEALTH REVIEW COtnAISSION ACTsosc Notice of proposed rulemaking.. '%Y"* YMYdh.f A#****' 29 CFR Part 2205 gy,,,,,,y.. Ibis proposed reguladon Asobilitise ActofJara Capise of any PENSIOA'SENEFIT GUARANTY provides for the enforcement of section P'aposed regulation sho# 6e su6edered a CORPORATION act of the Rehabilitation Act of1973, as 8PPNP #e g suchreyulo amended, which prohibits e#sce sie earner :4an the shutieth day efter 29 CFR Part 2600

• discrimination on the basis of handicap.

ahe dose en which euch resulataan de se . ADVISORY COUNCtL 004 HISTORIC as it applies to program or activities e 6edesedsosuchcommitmee. PRESERVATION conducted by the agencies listed above. (se UAC. 7sel (amendment italicised! w as au cons enda Secause the agencies are required by 38 CFR Port 812 comments must be in writing and must PENNSYLVANIA AVENUE be received on or before December 28 O amendinent to pmmulgate en mgula " DEVELOPMENT CORPORATION 1964. Comments should mfer to specific, I'",p g pg tanda ds p res

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• 36 CFR Put 909 to be established are the same for all of aaa====== See individual agencies the agencies. the agencies are publishing COtaMISSION OF FINE ARTS

below, this notice of proposed rulemaking Po8B Pusmesa aeronesafiose coervacT:

jointly.W final rule adopted by each 45 CFR Part 2104 See individual agencies below. agency will be codified in that agency's COMMITTEE FOR PURCHASE froes Nan? MPonssanost. Pordon d ee Code dFederal h',d i* , "THE BUND AND OTHER SEVERELY Sackground g e y-MANWCAMED & purpose of this proposed rule is to agencies below.h agencies agreed to 41 CFR Port 51-0 Provide for the enforcement of section loint pub!! cation of the preamble and the

Federd Cegistzr / Vct.49. Ns.168 / Tuesdry. August 28,1964 / Proposed Rules 34133 tout of the regulation in ordtr to agencies or the Unit:d States Postel Paragraph (t) b an cdaptation of expedite its issuance and minimise costs Eervice. existing defmitions of" qualified handicapped person" for purposes of in view of the identity in proposed Section-w Applicotton. federally assisted preschool, standards hmong the agencies. lf, following the public comment period. De proposed regulation applies to all elementary, and secondary education one or more of the agencies desires to programs or activities conducted by the programs (see, es 45 CFR 84.3(k)(2)) It promulgate a final regulation with agency. provides that a handicapped person is dtfierent substantive provisions in order 3,c. tion 4 Definitions. qualified for ool, elementary, or to account forits particular needs. escondary cation programs identified !n response to public " Assistant Attorney General.* conducted by the agency,if he or she is somments,it will, of course.do so. " Assistant Attorney General" refers to a member of a class of persons de Assistant Anwney GeneN otherwise entitled by statute, reg:! tion, he substa'ntive mondiscrimination Rights Division. United States or agency policy to recieve these obligations of the agency, as set forth in Depanment o t aervices from the agency. In other this proposed rule, are identical for the A"*U"*'I xui

• id.

words, a handicapped person is most part, to those established by ,,g,,'devkes & mable i {alified if. considering all feetors other Federal regulations for programs or persons with knpaired sensory. manual. n the handicapping condition, he or activities receiving Federal financial E 'P'aki,ng skuls ha" *" '9"'1 she is entitled to receive education assistance. See 28 CFR Part 41 (section 504 ocordmation regulation for federally "g'" y g services from the agency. or assisted programs).His general activities.He definition provides Paragraph (2) deviates from existing parallehem is in accord with the intent exampb dcommody used auxlhary regulations for federally assisted expressed by supporters of the 1978 sida. Although auxiliary aids are PtSFams because ofintemnW coun amendment in floor debate, including its required expbcitly only by I.100(a)(1). slacisions. it defines " qualified h*ad"'pped perse" with regard to any sponsor. Rep. James M. Jeffords, that the they may also be necessary to meet ' Program other than those covered by Federal Government abould have the wrequirements M h regulation. se sectim 304 obligeties as oe. Complete complaint." He definition Paragraph (1) under which a person is socipients of Federal financial d" complete complaint" enables the required to perform services or to assistance."134. Cong. Rec.13.gD1 (1978) to determine b beganing dits achieve a levelof accomphshment In (mmarks of Rep.jeffords):134 Cong. ligations toinvestigate a complaint such programs a qualified handicapped Rec. Ezees. E2870 (daily ed. May 17 e 1-MU(d)). Person is one who an achieve the 1978) ide Cong. Rec.15.a97 (remarks of (se.7acitty.*De deHnition of"facDity" Purpose of the program without Rep. Ihredemas); id at 38.552 (remarks of is similar to that in the section 804 'madhations in the program that would Rep. Saresin). soordination regulation for federally result in a fundmental alterstion in its Dis regulation has been reviewed by assisted programs. se CFR 41.S(f). except nature.nis definition aflects the the Department of Justice. It is an that the term" rolling stock or other dedsion of the Supreme Court in adaptation of a prototype prepared by eenveyances" has been added and the Southeastern Community College v. the Department of justice under se Nr' interest in such property" has Zhmis. 442 U.S. se7 (1979). In that case. Executive Order 12250 (45 FR 72995,3 deleted to clarify its coverage.De the Court ruled that a hearing-impaired CFR.1980 Comp.,p. 298) and distributed phrase. Nr interest in such property." is applicant to a nursing school was not a to Executive angencies. deleted,because the term fsc'ihty."as " qualified handicapped person" because a his regulation has also been used in this regnistion. refers to her hearing finp* ment would prevent reviewed by the Equal Employment structures and not to intangible property her fresa participating in the chnical Opportunity Commission under rights. It should, however, be noted that - trainise ponian of the program.ne T.xecutive Order 12087 (43 FR 2s987. 3 the regulation applies to all programs Court found that.if the program wen i _._CFR.1973 Comp, p. 206). and activities conducted the agency modified so as to enable the respondent It is not a major rule within the sefardless of whether the cility in to partidpata (by exempting her from meaning of Executive Order 12291(46 which they am onaductedis owned, the clinical training mquirements) "she PR 13193. 3 CFR.1981 Comp, p.127) leased, ce used on some other basis by

• would not receive even a rough and, therefore, a regulatory impact the agency.%e term " facility"is used in equivalent of the training a nursing analysis has not been prepared.

ll .149..150. and.170(f). program normally gives."Id. at 410. It his regulation does not have an "Handreapped person." De definition also found that "the purpose o the] of > capped pen"is identical to ymgmm was to e pns o cd Ampact on small antities. it is not, therefore sub}ect to the Regulatory the definition appearing in the sectie em ee numing @nion in d Flexibility Act(5 U.S.C.301-612). 304 coordinatin agulation for federally customary ways."id. at 413. and that the aeoisted programs (28 CFR 41.31). respondent would be unable, because of M-h.8asales Analysia " Historic preservation programs." - her hearing bepairment, to perform some ' Historic properties." and 'hbetantial functions expected of a registered nurse. Sectim @ Purpose' impairment Deee terms an defined in It therefore coneleded that the school Section.101 states the purpose of order to aid in the interpretation of I " was not mquired by section 504 to make the proposed rule,which is to effectuate .150 (s)(21 and (b)(2), which relate to such modifications that would result in section 119 of the Rehabilitation. accessibHity a historic preservetion "a fundamental alteration in the nature Developmental Disabilities ~ p of theprogram" Af.at410L Comprehensive Servloes, and alified handicapped person"he We have : ,~..ted the Court's Amendments of1978,which amended definition of *qualir>ed handicapped lariguage in the dermition of "quialfied section 504 of the Rehabilitation Act of person"is a vevised version of the handicapped person"in order to taake 1975 to prohibit discrimination on the deRnition appearing in the section 804 clear that sudi e person must be able to basis of handicap in programs or coordmation regulation for federally participate in the program offered by the actidties conducted b) Executive assisted programs (Es CFR 41.32). agency.De agency is required to make ~ e O e b A

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x

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• 34134 Federal Register / Vct. 49.

.168 / Tu;sday, August 28,19I64 / Prc 'ad Rulzs anodifications in order to enablio relationahlp with handicapped persons ordnation c!! persons wh3 are blind in handicapped cpplicant ta partidp:t2, that promotes both effectiv2 and both eyes from eligibility for a license to i but is not required to offer a program of ofBdent implementation of section 504. operate a commercial y,enicle in. 1 o fundamentally diHerent nature. The laterstate commerce but it may not be g.#" gg gg test is whether, with appropriate permissible to automatically disqualify asodifications the opplicant can achieve Section.f11 requins the agency to all those who are blind in just ene eye. the purpose of the program offered; not disseminate sufBdent information to Section 304, however, prohibits more whether the applicant could benefit or employees, applicants, partidpants, than just the most obvious denials of I obt:in results from some other program benefidaries, and otherinterested equal treatment.It is not enough to 'th:t the agency does not offer. Although persons,to apprise them of rights and admit persons in wisselchairs to a the revised definition allows exclusion protections aHorded by section 504 and program if h facinties in which the sf some handicapped people fmm some this ation.hiethods of providing program is conducted are inaccessible. programs,it requires that a handicapped this ormation include, for example, paragraph (b)(1)(iii), therefore, requires person who is capable of achieving the the publication ofinformation in that the opportunity to partidpate or purpose of the am must be handbooks,=annata and pamphlets benefit afforded to a handicapped cecommodat provided that the that are distributed to the public to person be as effective as that aHorded modifications do not fundamentally desalbe the agency's programs and to others. b later sections on program citar the nature of the program. activities: the display of informative accessibility (1i %150-%151) and We encourage comment on paragraph. posters in service centers and oe" comumnications (8 %180) are spedfic (2).%e language we have pmposed public places; or the boradcast of appucadons of this principle. . comIs directly from the Supreme Court's information by television or radio. Despite the mandate of paragraph [d) interpretstion of section 504. However. SectiownD Ceneralprohibitions that the agency administer its programs so long as the definition of " qualified against discriminotion. < - and activities in the most integrated e ta ut n la w are Section%130 la as adaptation of the semns a k de M M receptive to alternative language. cormsponding section of the amen 504 @d ca N p e ons. For programs or activities that do not coordmatim mgulation for programs or paragm@ MM,in %ncum M fall under either of the first two activities receiving Federal Anancial ph (d). pennits the agency to n' r/g.'an=' A(Ms' 'h- . **b"430's. yLis.orser i"' " i"d* a'.r io a s handicapped person" with respect to mondiscrimination mandate of section provide handleapped persons with an services (28 CR 41.32(b))in the gos.ne r-naining paragraphs in equal opportunity to partidpate in or coordination regulation for programs I "130 establish the general prindples benefit from the agency's programs or piving Federal finandal assistance. for analyzing whether any particular activities. paragraph (b)(1)(iv) requires Und:r this definition, a qualified action of the agency violates this that different or separate aids, benefits, handicapped person is a handicapped mandata. hee prindples serve a the or services be provided only when person who meets the essential analytical foundation for the r===tata. secessary to ensure that the mids, cligibility requirements for participation sections of the redatim. Whenever the benents, or eerdcas an as effective as in apacy has violated a provision in any &ose pmvided to oeeralven when L "the program or activity. Section 504." His definition makes or the subsequent sections, it has also separate or different aids, benefits, or clear that, as used in this regulation, violated one of the general prohibitions services would be more effective, "section 504" app!!es only to programs found in i m130. When there is no paragraph (b)(2) provides that a or activities conducted by the agency applical te subsequent provision, the quahfied handicapped person still has end not to programs or activities to general prohibitiong stated in this the right to choose to partidpate in the which it pmvides Federal Anancial esction apply. program that is not designed to assistance. paragraph (b) pmhibits overt denials a==a-date handtempped persons. of equal treatment of handicapped paragraph (b)(1)(v) pet >hibits the Sectionm210 Selfevoluots,on. persons.De agency may not refuse to agency from denying a qualified De agency shall conduct a self. provide a handicapped person wi+h an handicapped person the opportunity to evaluation ofits compliance with equal opportunity to participate in or partidpate as a member of a planning or section 504 within one year of the benefit from its program simply because advisory board. cffective date of this regulation.ne the person is handicapped. Such paragraph (b)(1)(vil prohibits the process shall include consultation with blatantly exclusionary practims often agency from limiting a qualified intemsted persons, including result from the use ofirrebuttable handicapped person in the enjoyment of consultation with handicapped persons presumptions that absolutely exclude any right, privilege, advantage, or or crganizations representing certain classes of disable persons (e.g., opportunity enjoyed by others receiving handicapped persons.no Department epileptica, hearing. impaired persons, any aid, benefit, or service. cf justice is considering whether and to persons with heart ailments) from paragraph (b)(3) prohibits the agency wh:t degree the Federal Advisory participation in programs or activities from utilizing criteria or methods of Co.amittee Act (5 U.S.C. app.) is without regard to an individual's actual administration that deny handicapped Cpplicable to the proposed consultation ability to participate. Use of an persons access to the agency's programs requirement.no sett. evaluation irrebuttat,le presumption is permissible or activities.no phrase " criteria or requirement is'present in the existing only when in all cases a physical methods of administration" refers to section 504 coordination regulation for condition by its very nature would official written agency polides and the programs or activities receiving Federal prevent an individual from meeting the actual practices of the apency.nis financial assistance (28 CFR 41.5(b)(2)). essential eligibility requirements for subparagraph prohibits noth blatantly Experience has demonstrated the self-participation in the activity in question. exclusionary policies or etices and cvaluation process to be a valuable it would be permissible, therefore, to nonessential policies practices that ' sneens of establishing a working exclude without an individual are neutral on their face, but deny O

1 Federal RegEl;r / Val. 49. Na 168 / Tutsday. August 28. 1984 / Proposed Rulzs 84135 handicapped persons an effective by F.necutive agencies.his regulation is preservation programs. ls discussed apportunity to participate. In accord with a decision of the Fifth below in connection with paragraph (b). Paragraph (b)(4) specifically applies Circuit that holds that despite the Paragraph (a)(3) generally codifies the prohibition enunicated in sesulting overlap of coverage with. yecent case law that defines the scope of 5.130(b)(3) to the process of selecting section 301 of the Rehabilitation Act of the agency's obligetion to ensure sites for construction of new facilities or 1973 (as U.S.C. 791) Congress intended program accessibility. Die existing facilities to be used by the section 504 to cover the employment subparagraph provides that in meeting agency. peregraph (b)(4) does not apply practices of Executive agencies.De the program accessibility requirement to construction of additional buildings at sourt also held that in order to give the agency is not required to take any an existing site. effect to both section 80s and section action that would result in a Paragraph (b)($) prohibits the agency. 501, the administrative procedures of fundamental alteration in the nature of in the selection of procurement section 501 must be followed in its program or activity or in undue sentractors from using criteria that processing section set complaints. Raancial and administrative burdens. A subject qualified handicapped persons Prewitt v. UnitedStates PbstolService, similarlimitation is provided in 6 - to discrimination on the basis of es2. F.2d 292 (5th Cir.1981). Consistent .100(e).His provision is based on the handicap. erith that decision, this section provides Supreme Court's holding in Paragrepb' (b)(6) prohibits the agency that the standards, requirements, and Southeastern Community College v. from discriminating against qualified of section 301 of the Davis 442 U.S. 397 (1979), that section handicapped persons on the basis of bilitation Act. as established in 304 does not require program handicap in the granting of licenses or regulations of the Equal Employment certification. A person is a

• qualified Opportunity f%amianian (EEOC) at 2s. modifications that result in a fundamental alteration in the nature of a handicapped person" with respect to CFR part 1813. shall be those applicable program and on the Court's statement hcansing or certification. if he or she can to employment in federally conducted that section aos does not require meet the essential eligibility programs or activities. In addition to this modifications that would resultin seguirements for receiving the boense or section. I %170(b) of this tion

" undue financial'and administrative eartification (see I %203). opectBes that the agency, use the burdens." 442 U.S. at 412. Since Davis. In addition, the may not existing EEOC procedures to resolve aircuit courts have applied this establish requiremetts the programs allegations of employment kmitation on a showing that only one of er activities of licensees or certified discrimination. Responsibility for the two" undue burdens" would be entities that subject qualified coordinating enforcement of Federal created as a result of the moddication handicapped persons to disalmination laws prohibiting disceimination in sought to be imposed under section.504. en the basis of bandicap.For example, employment is assigned to the EEOC by See, e,g., Dopico v. CcJdschmidt 687 the agency must camp with this Executive Order 13087(43 FR ase67.3 F.2d 644 (2d Cir.1.ea2):American Public seguirement when esta lishing safety CFR.1978 Comp p. 308). Under this gggj,gmhis MPTN '8anda'de for the operations of authority, the EEOC establishes 855 F.2d 1272 (D.C.Cir.1981).Ms.IE heensees.In that case the agency must government. wide standards on APTA the United States Court of ensure that standards that it mandia,wininsdon in employment on the Appeals for the District ' f Columbia o k against basis of handicap. Circuit applied the Doris language and ~ 7,,k* gh pg Sectiox2m programaccessibilityr lavalidated the section sos regulations handicapped persons in an Discrimmationprohibited. of the Department of'I)ansportation kn ble manner (Donne courtin APTA noted"that ph (b)(6) does not extend Section,143 states the general at some point at transit system's refusal F. esction 504 directly to the or mandiarstmination principle underlying to take modest,amnnatin sups k l activities oflicensees or ed the program====ibility."_ _--- ts ""'"'aodate handicapped peruns entities '6manives.%e program or of SI-Jaoand.151. might wellviolate section 504.But acevida of Federal keinamr Seefs.owJs0 Progromaccessibility* Dors rules do not mandate only certt8ed anddes are nophia== Ins Exieffilgfacilities. modest expenditmos.%e regulations federaHy aand==,ead programs or activities nor are they programs or his regulation adopts the program seguire extensin moddications of activitities receivtag Federal paan,dal accessibuity concept round in the exis ~ systems and impose extremely assistance merely by virtue of the existing esction 500 coordination heavy cial burdens on local transit Federal license or certificata. However, segulation for programs or activities authorities."ess F.2d at 1278. as noted above, esction 804 rnay affect receiving Federal annardal assistance De inclusion of paragraph (a)(3)is an. the content of the rules established by (28 CFR 41.86.88), with certain. effort to conform the agency's regulation _tbe agency for the operation of the modifications.hus 5 %150 requires implementing section 504 to the Supreme program or activity of the hoensee or that the agency's program or activity. Court's interpretation of the statute in certified entity, and thereby indirectly when viewed in its entirety, be readily Davis as weu as to the decisions of affect limiud aspects of their accessible to and usable by lower courts following the Davis operations. handicapped persons.%e regulation opinion.%is paragraph acknowledges. Paragraph (c) provides that programs also makes clear that the agency is not in light of recent case law, that in some conducted pursuant to Federal statute or required to make each ofits existing situations, certain accommodetions for a Executive order that are designated to facilities accessible (I.150(a)(1)). handicapped person may so alter an benefit only handicapped persons or a However, t .150, unlike as CFR 41.86-agency's program or activity, or entall given class bandicapped persons may be 41.37. places explicit limits on the auch extensive costs and administrouve kmited to those handicapped persons agency's obligation to ensure program burdens that the refusal to undertake accessibili (6.150 (e)(2),(a 3). the armammadations is not I disalminatory.ne failure to include h3" I"F *T*'"I-Paragrep (a)(2),whichesta es a Section%340 prohibits discrimination special limitation on the obbsetion to - such a provision could lead to judicial en the basis of handicap in employment ensure program accessiblity in historic. invalidation of the regulation or rewesal e ,-.m-- .__y

u of a partnodar==f==r= ment adssa takse persons a the other. $ %130(s)(2) whsther cnd to what degree the pederal pursuant to the segan=t===- provides that in kasserte preservaten Advisory Committee Act (5 USC spp4 his paragraph. however, does met programs the agency b not sequired o is applic:ble is the proposed establish aa ah=atne defense;it does take any actaan that would seen)t in a consultation % = included in i cet relieve the agency of all ebhgalians substantialimpetrment of agnificant 6.150(d). to handicapped persons. Ahhough the histanc festees of an histene property SectiMJ amassW agency is not required to take actions - Neeertheissa. besmuse the pensary h cashch andhins. . that would seault in a fmtannantal benefitof an historic seien alteration in the natuse of a program os p is uniquely experiena of Overlapping curverage axists with cctivity or in undee limancial and ' the property itself. I 150(b)(2) respect to new construction under cdministrative busdens, it nevertheless requires the agsscy to give priority to section 504, section 502 of the must take any other stapa naosanary to methods of providmg program Rehabilitation Act of 1973, as amended ensure that hand =pped persons accessibility that hendicapped (29 USC 792), and the Architectural receive the benefits and servicas of the to haue ' cal access to the Barriers Act of1988, as amended (42 federally conducted program or activity. ' property.His priority on U.S.C 4151-4157).Section.131 It Is cur view that en-mH= ace with physical amses may also be viewed as a provides that those buikhngs that are 1.150(a) would in most cases not specific appbcation of the geneist constructed or altered by, on behalf of. resultin undae Snancialand requirement that the agency admimster or for the use of the agency shall be cdministrative bunlans on the agency. programs la the unast integresed setting designed constructed, or altered to be In determining whether fia=adal and appropdate to the needs of qualiAed readily accessible to and usable by =Aminiatrative burdenn ase undna aH h=nrheape=d persons (1.1an(d)). Only handicapped persons in accordance agency resources available for usein the tahan providmg pirysical access would i with G CFR 101-19J00 to 101-19A07. s funding and operation of the ranAne+=d resah in a sabatantial impatrument of %Is standard was promulgated pursunt program or activity should be at=nme-* historic features, a to the Architectural Barriers Act of 1968. considered.m burden of proving that funcl===t=1 altasation in the nature of as amended (42 UAC 4151-4157). We compliance with 5.150(a) would the progrum erla e financial and believe that it is appropnate ta adopt fund mentally aller the nature of a adminiarrutwe busdans, may the agency the existing ArchitecturalBarriers Act program of activity or would result in adopt attemative seethods for pro admg standard for asetion 504 cximbance - li undue financial and administrative p mer===ihi1*ry that de not answe because new and ahered hui ngs burdens rests with the agency.The p sicalamma. Examples of some subW sia sepahnn are also 61sion that compliance would result in ternaarve==thart= are passided ha subject to the ArchitecturalBamers Act such c!teration or burdens must be 5.150(b)(2). and because adoption of the standard made by the agency head and must be ne speciallindtanna en pangsam wiH amid duphcah and possibly c-a==ied by a written statement of accessibihty set forthin 6.250(a)(2)la the reasons for reaching that conclusion. applicable only to progresas that have g,[**g,,,g,,,a,,a, wng kudingslused by b Any person who beheves that he or she preservation of histonc propertass as a or any spectSc class of persons has been primary purpose (see sapro definition of-agency after the effective date of th,s r regulation am not requimd to meet the injured by the agency head's decision er " historic preservation program.~ new construch standard. by am fattun to make a decisionmay Ele a I .103). Narrow application of the subject, howper, to se raisirements of complaint underthe compliantar speciallimitation is justified because of the inherent flexibility of the program 3 .150. procedures estabhahedin I .17D.. accessibihty sequirement. Where Sectim-200 Onrmrumcatione. Paragraph (b)(1) sets forth a amnber of me;ns by which program historic preservation is met a primary Section-tas repass the agency to accessibility may be actrieved, including purpose of the the agency la mot i redesign of equipment, reassigmnent of bou'nd to a parti facihty. It can take appropriate steps toensme effective anemmianication with perenenal services to accessible buildings, and relocate all or ofits progsam to an provision of sides. In chooetng among accessible la ' 'ty, make home visita, or of other Federal entities. applicants, methods, the agency shell gtvotiertty use other standard methods of achieving participanta, and members of the pobhc. consideration to those that willbe program acceselbility wrthout maidng These steps shall inclnda procedures far consistent with provieton of services in structural eheretions that might impair determimng when auxiliary aids are the most integrated setting appropriate significant historic features of the .necessary under i mit0(a)(1) to affaed to the needs of handicapped persons. historic a h=adir-aped person an egnal Structural changes in existing facilities - paragre (c) and (d) establish time opportunity to participate in, and enjoy are required ordy when there is no other periods for complying with the program the benefits of. the agency's program or feasible way to make the agency's accessibilityrequirement. As currently activity.ne shall alsoinclude an program accessible.b agency may required for federally assisted programs opportunity hamilcapped to comply with the program accesstbihty by 28 CPR e.57(b) the agency must request the auxihary aids of requirement by delivering serviors at make any necessary structural changes choice. nis expressed choice shall be citernate accessible sites or== king in facilities as soon as practicable, but given primary consideration by the home visits as appropriate. In no event later than thsee years after agency (4.180(a)(1)(i)).h agency fiection.150(a)(2)provides an the effective date af this regulation. shall honor the choice unless it can coditi:nal limitation on the obbgation to Where structural modifications are demonstrate that another effective ensure program secessihihty that is required, a transition plan shall be means of comamnntion exists or that cpplicable only to historic preservation developed within six months of the use of the means chosen wonId not be programs. In order to avam possible effective date of this regulation. Aside required under i %180(e).ht conflict between the =g--Manal from sturetural changes,all other paragraph limits the obligation of the mandates to preserw historic properties necessary steps to achieve compHam agency to ensure effective on the one hand and to ehminate, j~shall be taken within sixty days.b commimication in accordance with daseumnation against handicapped Department of Juaitos is =2V-4 Davis and the circuit court opinions

Faderal Regist:r / W

c. No.168 / Tuesday. August 28. 1984, Aoposed Rul:s

$4137 Ant:rpreting it (see supro pre:mble devices, road;rs for personal use or determination of compliance or i %250(a)(3)). Unless not required by study orotherdevices of a personal mancompliance (1.170(l)). I.180(e), the agency shall provide asfure (i m100(a)(1)(ii)). For example. Paragraph (1) permits the agency to auxiliary aids at no cost to the the agency need not provide eye glasses delegate its authority for investigating handicapped person. or hearing aids to applicants or complaints to other Federal agencies. It is our view that compliance with participants in its programs.1similarly. However, the stato obligation of the I.1e0 would in most cases not result the regulation does not require the agency to make a determination of in undue financial and administrative agency to provide wheelchairs to compliance or nan =npliance may not burdens on the agency. In determirung Perscas with mobility impairments. be delegated. whether finanicial and administrative Paragraph (b) requires the agency to burdens are undue, all agency resources provide information to handicapped NATIONAL CAPfTAL PLANNING available for use in the funding erd Persons concernin6 accessible services. cot 4 MISSION operation of the conducted program or activities, and factuties. Paragraph (c) ~ sctivity should be considered.The requires the agency to provide signage 1 CFR Part 437 liance with at inaccessible facilities that directs burden of proving that comby alter the I %180 would fundamenta users to locatins with infwmation ^""""**"a-r-mants should be sent nature of a program or activity or would about accessible facilities. to: Daniel H. Shear. Secretary. Na tional . result in undue financial and Paragraph (d) requires the agency to Capital Planning r=minalon.13:5 G administrative burdens rests with the take appropriate steps to ensun that Street. NW. Washington.D.C 20576. agency.ne decision that compliance iniwmation agarding section 504 rights Comments received will be availahle would restit in such alteration or and protections that is supplied to for public inspection at legal and burdens must be made by the agency amployees, applicants, participants. Secretariat Services Section.10th Floor, head and must be saempanied by a beneficiaries, and other interested 1325 G Street. NW., Washington. D.C written statement of the reasons for Persons under I.1111s effectively 20578 from 9:00 A.M. to 5:00 p.M. reaching that conclusion. Any person communicated to handicapped persons. Monday through Friday except legal who believes that be or she or any Sectionm170 Complianceprocedures. kolidays. apecific class of persons has been P0ft PUstTIER WeuenstAft000 C0strACT* Injured by the agency head's decision or ph &at 8 fauure to make a decision may file a Paragraph 4c (I)d this och K,athleen K. McKay. Assistant General r =nnel.1325 G Street. NW., astab 8 Washington. D.C 20578. (202) T24 c170 complaint ander the compliance l ts than promdures established in I .170. lainta. Paragraph )p that er (202) 724-7678 m). in some circumstances, a notepad and b cy wiD promu employment IJst of @ In 1 CFR Part 457 e ti ca on th a Blind. Civu rights. Deaf. Disabled. in ung ons of b aring-tmpaired personda many EEOC(2e CFR Part 1613) pursuant to Disalmination against handicapped. circumstances, however, they may act section 501 of the Rehabuitadon Act of Equal employment -yyommty. Federal be, particularly where the hearing-1973 (29 U.S.C 791) buddings and facuines. Handicapped. Impaired applicant or participant is not %e agen wul designate an official Nondisalmination. PhysicaDy sklued in spoken or wriuen language. responsible 7or coordinating hen, a sign language interpreter nr.ay be implementationof thissection h*"d'C8pped-It is y.vyc.ed that Title 1 of the Code appropriate. For vision. impaired 3 --s170(c). of Federal Regulations be amended by persons, effective communication t he agencyla required to accept and adding Part 457 as set forth et the end of be achieved by several means inc! investigste all complete complaints this document. readers and audio recordings.In [g _.170(d)). lf it determines that it does Daniel H. Shear, general, the agency latends to make not have jurisdiction over a complaint,it secretary. clear to the public (t) the shad promptly notify the complainant =nmunications services it offers to and make reasonable efforts to refer the. PART 457 -ENFORCEMENT OF afford handicapped persons an equal complaint to the appropriate entity of NONDISCRIMINATION ON THE BASIS opportunity to partidpa te in or benefit the Federal government (1.170(e]). OF HANDICAP IN PROGRAMS OR from its programs or activities. (2) the qph (f) requires the agency to ACTIVITIES CONDUCTED BY opportunity to request a particular mode notify the Architectural and NATIONAL CA70TAL PLANNING of communication. and (3) the agency's Transportation Barriers Cm1h COMMISSION preferences regarding auxiliary aids ifit Board upon receipt of a complaint can demonstrate that several different alleging that a building or facility 8*% g7' g3 p,,,,,, modes are effective. enbject to the Architectural Barriers Act .7 sm Appliestion. He agency shall ensure effective or section 502 was designed. e7.tos Dennmons. communication with vision-impaired constructed, or altered in a manner that 4s7.106-457.10e ,od) and hesring. impaired persons involved does not provide ready access and use es7.110 self nation. In hearings conducted by the agency. to handicapped persons. '457.111 Notice. Amiliary aids must be afforded where Paragraph (g) requires the agency to es7.212-es7.12e [Itseerved) necessary to ensure effective provide to the complainant,in writing. 457.130 General prohibitions against communication at the proceedings. If findings of fact and conclualons oflaw. thscrimination. sign language interpreters are necessary, the relief granted if noncompliance is 457.131-457.1se (Raeorved) the agency may require that it be given found.and notice of the right to appeal h,$M*F"' j reasonable notice prior to the (6.170(g)). One appeal within the 457.149 program ecomesibibty: proceedmg of the need for an agency shall be provided (I.170(i)). Dimimination prohibited. laterpreter. Moreover, the agency need The appeal will not be heard by the 4s7.150 Program eccoulbility: Existing not provide individually prescribed same person who made the initial facilities. G e

, e _m s=. s=. s=- w.tst prey m --- c a p: mw sente r-- ustI-astJtaunsHaml pemened) a enestrucuan and ahansons. saatat-aontse ps.orvedi wot. trol complienne ear.tss-ser.tse pee.mdj son 17e r w pn -.p,-.A -= urtsmjesuesbassi gasservedt 3 esmo commeerscesons. saam-seam Pame6 Aetherity: so UAC.yes. w.sn-ser.sse r ; 4- - - - esA D om A1.CBe n fLatoN Aanhaday:as UAc. fee. 4er.sre caucasse 88F271-48F8" P'*"*dl IIUCLEAR REGEN.ATURT ADMUMSTRADON Amihasty: 3 USCm. 1 enasaaneeing ~ pganoegAg,ennanmamanas pon 10 CPR PART4 12 CFR Putyte EMnOMM Paa==amma Ca===u=te absenid be sent "==**=* Commments abould be sent 1 CFR Part 500 to: Secutary.UA Nuclear segulatory to: Secretary of the NCUA Soard. ins C Co==l==ta= 1717 H Sarest NW. Street NW., Washington, DC 20458.. maa====== Comments should be sent W==hlagaan DC 20655. Atamalan-Commants recalved esill be available to:1532 K Street.NW Seite ago. Docketing and Servene Mensch. for public inapar*w t 2ne G Street a Washington.Dn manns ramm.ats seenived will be available NW Washiasian.DnJossa.Ironta:00 r-ts roomned will be seallable for publicinspection et NRC Public a.m. to 4:00 Jun. Manday tiuough Friday for publicinspectina at National Document Reem.1717 H Street NW. except legal bolidais. Cosnanlaaion Ier Emplopunant Poissy. DC2e655 Amam 4:15 AE t' ponsuuruus esposmearine oeurracn 1522 K Saseet NW, Smias 300, 5:00 PM Mender through Priday amorpt Mr. Harry Biminde!!.1778 G Street NW., Washingten. DA zoons from a:ao AM legal holidays. w6 aa DC sessa. (2020 as7-tces to 5 FM Monday thmoughFriday except pas puergen suposunselgu geWrece: 1DD CeENumber(2D2)367-40e0. lesel holidays. Mr. Edwasd S.Tscher.OSee of Seat son nervuon suponsention seusract and Diseshumanged Bestases Ust of Subjectsis at GEPastM - Ann Donohue National Commission fue Utilisation/ Civil Rights. UA Woclear Blind.O,0 rights. Deaf.Diambled. Employment Policy.1522 E Staaet. NW., Regulatory r a===I== ion. Washington-man agehist' ~ 'fosferet Suite 300. Washington, DC 20e05. (202) DC 20555. Telephone:(381) 4e5-7897 Espaal empley:neset apparteihy. m-1M5. (302) 736-W3 (IDD). TUD:(Int) m-7578. jouildings and facilities. H==rl==pped, use of Sablecasin1cru Part gue ust of Subiesesin se Cru muaa Wondiscriminetism,pirysically Blind. Civil rights. D'eaf. Disabled. Adehdetrothe practice and andicepped. D(saimination against be - - :i proosdes. Blind. Civu Rie.2- ":1 It is proposed that Dtle 12 of the Code Equil employment opportunity.'pedasal Discriadaatton against 'H-:-T;:i of FederalItegulesens be emended buildings sad facilities. 83-=^=, d Espeel , L, rt opportunity. Federal adding Port m as set forth at the of this documt. Nandianimi=ariaa Physically building and facilities. Handicapped. bandicapped. . Nandiamtmainstion. PhysicaDy man-y arody, It is propened that Tule ielthe Code h*"diPPed. seacearyEmmoorit of Federel Regulations be amended by It is proposed thatTitle to of 4be Code cdding Part 300 as set forth at the end of. PART N W of Federal Regnistians be amended by NMMSCRWMADON M M BASW this docenent. adding Subpart E to Part 4 as set forth at Femida W.Hagen, the end of this document. OF HANmCAP M PROMAMS M ACTWmES CONDUCTED BY Duecear.Nettenele-8==h fer WilRam3.IMicks' i 08ADONAl.CRENTUffENS ' J -,- Wicy. KassmumsDamsserforclsermanns. AC4flNISTRATION PART 500-ENFORCEldENT OF PART4 -(ARIEf1DEIQ g 3 NONDISCRIMINADON ON THE BASIS OF HANDICAP NI PMOGRAtf5 M Part 4.asepart E-entosamment et m-m Fwpose. ensie emis et mammen m e W um ACTWmES CONDUCTED BY ti Prossene er Aucrteles Censusted by U.S. m-aos DennMems. IdADONAl.COteMISSION POR seuelser negidnes,y comuniesies 7ee-sos-7es. sos Innservedi ElePt.OYMENTPOUCY yes-sto Self.sv=leawa=- I I en. Fee-au Nation.

• • ktet "u e res-sts-m.tas gitammed]

so Pwpose. m-tao commelprohibidonsagainst scato Applicatica, uos Htos) discriadnacon. scatos Denniuons. cos Hace)toone bacs) (Ranarved) scato6-sontos (Reservedl 4 310 (- 110) Self.eeakaaHan 7es -131-m.130 (Itaserved] scatto self. evaluation. 42n t.ut) Nonen. Fee-teo Employment. scatts Notice. un(-1121tousekttel (Reserved] m-Jet-mus (Resemd) seat 1s-seatas (Rasm4 - 4.ssoHsio) General eseinst m-tes Program accessibility: c-sontso ceneral prohibitions ageimat discriadnation. D6scrimination prohibited. disaiminanon. ust(-taliounHtss) (Reemedi m -tse proyam -- - miy: Emiettns seats -son.us (Resemd]. 4Jeot-ses) en e recilium. l soo.1e Employment. 4441(-441)to444at-asal puservedi res.tst Proyam -t,.New us) proyam "' g netroces. mid eheronees. soont-soates (Reser 6 4.see h.criminagem prohibited. soaus Program accouth rk 794 - tss-M tse (Ree m edl Discriminauce prohibt uso(.tso) Proyam econselbility: Emisting 7e4-Ho Communisedoes. faciliti seatso Prosrom -----"ty: Bdenas 4.sst(.ts"t)- Proyen emeseMity: New res .tet-m ass (ame n ed) redtium. m-aro comPI"g"n'a'mm'"e'd; P d son 151 Pecyem esesseitehty: New constructien mod sheretions. m - trs-m ies 4 sonstrucuan and alterstices. usaHtst)to4.sse(.us)thie coa.r Ausherity: se U.s.c.m. seatss-sontse (Rasmd). u so H tso) a m

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g NOV 2 9 gg3 l E E RANDUM FOR: Edward E. Tucker, Manager Civil Rights Program Office of Small and Disadvantaged Business Utilization / Civil Rights FROM: John Philips, Chief Rules and Procedurus Branch Division of Rules and Records Office of Administration

SUBJECT:

REVIEW OF PROPOSED AMENOMENT CONCERNING NONDESCRININATION ON THE BASIS OF HANDIC.ap IN NRC PROGRAMS The Rules and Procedures Branch has reviewed the draft proposed rule that would prohibit nondiscrimination on the basis of handicap in programs conducted by the NRC. Enclosed is a markad-up copy of the regulation that contains our consents. This regulation pertains only to the NRC. In order to more closely modify the -Department of Justice prototype to the NRC, references to agency should be changed to NRC in both regulatory text and the preamble. In addition, references to Department of Justice regulations on Federally assisted programs, should be changed to reflect NRC regulations in 10 CFR Part 4 Subpart A. We have suggested changes to the Summary statament that we believe are necessary to comply with the publication requirements of the Office of the Federal Register (OFR). (See IRC Regulations Handbook 3.7(c)). We have also indicated changes necessary to conform the cross references to CFR style. (See NRC Regulations Handbook 3.37(f)). When the regulation package is submitted for concurrence and signature, it must contain -- l 1. A regulatory analysis prepared in accordance with the requirmnents of WREG/8R-0058. 2. A memorandtsn to the EDO requesting that the EDO approve l and issue the document and a note for insertion in the l Weekly Report to the Canaission. (See 15.4 of the NRC Regulations Ha'nTbook).; and l l 077es> l su=== ) on y OFFICIAL RECORD COPY us m ini-m e mac ronu ais tio aoi nacu ano

' ) b~ ROV 2 9 g3 h Edward E. Tucker A draft letter to appropriate Congressional coasnittee[. 3. If you have any questions, please contact me on ext. 27086 or Michael T. L of my staff on ext. 27758. \\ John Philips Chief Rules and Procedures Branch Division of Rules and Records Office of Administration

Enclosure:

As stated RDG SUBJ MLesar J.Philips I 4 .me.p..A..D..M..:.D..R..R/.7.4... ..A..D..M.:.D..RR mg . M..L..e..s..a.rj..B..K.G....JPhi.Y.lig,s, s 1.1.lh~./.8.3......1.1./...../ 83..

==> m... OFFICIAL RECORD COPY wnmwiesoim ana + = = - ---m

7\\ ){k M k i UNITED STATES / EUCLEAR RESULATORY COMMISSION g I I maniwarow.o. c. mss N,...../ NOV 181983 l MEMORANDUM FOR: John Phillips, Chief Rules and Procedures Branch Division of Rules and Records Office of Administration FROM: Edward E. Tucker, Manager Civil Rights Program Office of Small and Disadvantaged Business Utilization / Civil Rights

SUBJECT:

REVIEW OF PROPOSED RULE CONCERNING THE ENFORCEMENT OF SECTION 504 0F THE REHABILITATION ACT OF 1973 AS AMENDED Enclosed is the draft proposed rule to be used by the agency in enforcing section 504 of the Rehabilitation Act of 1973, as amended, as it applies to programs and activities conducted by the NRC. This regulation is being prepared according to instructions issued by the Department of Justice which has provided clearance to promulgate the draft rule and submitted prototype regulations to the NRC after which this regulation has been tailored. Please review this, draft and provide us with your connents and guidance. If there are any questions, please contact Jorge Mestre of my staff on x27697. T YY Edward E. Tucker, Manager Civil Rights Program Office of Small and Disadvantaged e Business Utilization / Civil Rights

Enclosure:

As stated * -n- ,g

NUCLEAR REGULATORY COMMISSION R 10 CFR PART 4 o - 4 T........... v i Nondiscrimination on the Basis of Handicap in t)( Nuclear Regulatory Commission Programs AGENCY: h Nuclear Regulatory Commission g ACTION: Proposed rule. SUPMARY: This proposed regulation provides for the enforcement of section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap, as it applies to pmgrams or / ppm activities conducted by the Nuclear Regulatory Comission he Foposed fru ets out the requir men nd the procedures to be followed y l approprint ficials within the Nu r Regulatory Commission in kforcingthem. ~ DATE: Submit coments by . Comments received after . this date will be considered if it is practical to do so, but assurance of - on on . consideration cannot be given except as to coments received before this o date. ADDRESSES: Mail written coments to: Secretary, U.S. Nuclear Regulatory Comission, Washington, DC 20555, Attention: Docketing and Service Branch. l Deliver coments to Room 1121, 1717 H Street, NW, Washington, DC between 8:15 am and 5:00 pm weekdays. Copies of the regulatory analysis and any coments received on the proposed l rule may be examined at the NRC Public Document Room at 1717 H Street, NW, Washington, DC. / .,4 7 c

I hj f J' I D e proposed rule would make it unlawful for the NRC to discriminate f against a qualified handicapped person, on the basis of handicap, in r&

• mPloymenf or in the conduct of its activities. The proposed rule is m

intended to place the same obligations on the NRC that are placed on recipients of Federal financial assistance. I t I I i E L t o Y r E i k

3 l 1 Mr. Edward E. Tucker, Office of Small ' FOR FURTHER INFORMATION CONTACT: and Disadvantaged Business Utilization / Civil Rights, U.S. Nuclear Regulatory Comission, Washington, DC 20555. Telephone (301) 492-7697. SUPPL.EMENTARY INFORMATION:- gpHl'd l'N ' I BACKGROUN The purpose of this proposed rule is to provide for the ~ enforcement of section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), as it applies to programs and activities conducted by the Nuclear Regulatory Comission. As amended by the Rehabiljtation, -- Comprehensive Services, and Developmental Disabilities Amendments of 1978 (Sec. 119. Pub. L. 95-602, 92 Stat. 2982), section 504 of the Rehabilitati g.5 \\ N3 %i Act of 1973 states that:

• e.

1 o(y No otherwise qualified handicapped individual ( s - :: ! fh! in the United States,... shall, solely by reason 3 l A. ( kg I s of his handicap, be excluded from the participation D> ekw R'\\' in, be denied the benefits of, or be subjected to t b N y '4 b 'J 3'. discrimination under any program or activity receiving Ut s $ Q ;- f Federal financial assistance or under any program ~ $es4: by the activity conducted by any-s United States Postal Service. The head of each such 3 d3e I $kj} k agency shall promulgate such regulations as may be t necessary to carry out the amendments to this section Qi(W 2 0

1. I ~ g made by the Rehabilitation Comprehensive Services, and Developmental Disabilities Act of 1978. Copies of any proposed regulation shall be submitted to appropriate authorizing comittees of the Congress, and such regulation may take effect no earlier than the thirtieth day after the date on which such regulation is so submitted to such comittees. (29 U.S.C. 794)(amendnent italicized). N The substantive nondiscrimination obligations of the as set forth in this proposeJ rulgare identical, for the most part, to those established by Federal regulations for programs or activities 4 SeJprs' 8 1o See E CFR Part (s,ection 504' receiving Federal financial assistance. h regulations for Federally assisted programs). This general parallelism is in accord with the intent expressed by supporters of the .1978 amendment in floor debate, including its sponsor, Rep. James M. Jeffords, that the Federal Government should have the same section 504 obligations as recipients of Federal financial assistance. 124 Cong. Rec. 13,901 (1978) (rsnarks of Rep. Jeffords); 124 Cong. Rec. E2668, E2670 (daily ed. May 17, 1978) jd.; 124 Cong. Rec.13,897 (remarks of Rep. Brademas); id_. at 38,552 d i (remarksofRep.Sarasin). This regulation has been reviewed by the Department of Justice. It is an adaptation of a prototype prepared by the Department of Justice under Executive Order 12250 (45 FR 72995; 3 CFR,1980 Comp., p. 298) and distributed to Executive agencies on April 15, 1983. 3

) SECTION-BY-SECTION ANALYSIS @ Section 4.501 Purpose Section 4.501 states the purpose of the proposed rule, which j is to effectuate section 119 of the Rehabilitation, Comprehensive Services, s Seerion H9 (\\ and Developmental Disabilities Amendments of 197g amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis ( y of handicap in programs or activities conducted by Executive agencies or l,g k the United States postal Service. d ~ Section 4.502 Application l Q s

g [b The proposed regulation applies to all programs or activities I

Qg /Yde conducted by t agency w.p7 4t Section 4.503 Definitions 5=4 "";;.. y.- T., p..,~;e; ef ni. woloi.;un " ;;..;y"

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4;.. u.3. somi.r a let; ; C -ft:2. \\ w " Assistant Attornay General." " Assistant Attorney General" refers to the Assistant Attorney General, Civil Rights Division, United j States Depar e r t af.1ietice. " Auxiliary aids." " Auxiliary aids" mean services or devices j i that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in and enjoy the bnefits of the agency's programs or activities *. The definition provides examples of connonly used auxiliary aids. Although auxiliary aids are required explicitly only by 54.560(a)(1), they may also be necessary to meet other I requirements of the regulation. '/ g,

g i ) e " Complete conplaint." The definition of " complete complaint" enables the o d temine the beginning of its obligation to investigate a complaint (see g4.570(b)). " Facility." The definition of " facility" is similar to that in the section 504 coordination regulation for Federally assisted programs, lo f3 (c.) CFR M '8(f( except that the tem " rolling stock or other conveyances" has been added and the phrase "or interest in such property" has been deleted to clarify its coverage. The tem " facility" is used in 54.550. " Handicapped person." The definition of " handicapped person" is a shortened version of the definition appearing in the section 504 g(,) coordination regulation for Federally assisted programs ([FR In i the interest of brevity, examples of handicapping conditions appearing under _ the term " physical or mental impairment" are deleted. " Qualified handicapped person." The definition of " qualified ~ i handicapped person" is a revised version of the definition appearing in the fg) 'section504coordinationregulationforFederallyassistedprograms([CFR %bgragraph (1) deviates from existing regulations for Federally assisted programs because of intervening court decisions. It defines " qualified handicapped person" with regard to any program under which a person is required to perform services or to achieve a' level of accomplishment. L. =2 ;m-== a_ qualified handicapped person is one who can achieve the purpose of the program without modifications in the program that would result in a fundamental alteration in its nature. This definition reflects the decision of the Supreme Court in Southeastern Community College v. Davis, 442U.S.397(1979). In that case, the Court ruled that a hearing-impaired applicant to a nursing school was not a " qualified handicapped person" b~

because her hearing inpairment would prevent her from participating in the clinical training portion of the program. The Court found that, if the program were modified so as to enable the respondent to participate (by exempting her from the clinical training requirements), "she would not receive even a rough equivalent of the training a nursing program nonnally gives." Id,. at 410. It also found that "the purpose of [the] program was to train persons who could serve the nursing profession in all customary ways," id. at 413 and that the respondent would be unable, because of her hearing impairment, to perfons some functions expected of a registered nurse. - It therefore concluded that the school was not riquired by section 504 to make such modifications that would result in "a fundamental alteration in the nature of the program." J,d. at 410. We.have incorporated the Court's language in the definition of l " qualified handicapped person" in order to make clear that M a person NA c. must be able to participate in the program offered by the agM The MAC. [gr.a is required to make modifications in order to enable a handicapped applicant to participate, but is not required to offer a program of a fundamentally different nature. The test is whether, with appropriate modifications, the applicant can achieve the pu s of the program offered; not whether the applicant could benefit or obtain results from some other program that the agency does not offer. Although the revised definition allows exclusion of some handicapped people from some programs, it requires that a handicapped person who is capable of achieving the purpose of the program must be acconnodated, provided that the modifications do not fundamentally alter the nature of the program. I [

1 (' For programs or activities that do not fall under the first l (() w# paragraph, shllparagraph (2) adopts the existing definition of " qualified r10 Ys/9/ (c) handicapped person" with respect to services (ad CFR C "I ) in the coordination regulation for programs receiving Federal financial assistance. Under this definition, a qualified handicapped person is a handicapped person who meets the essential eligibility requirements for participation f in the program or activity. "Section 504." This definition makes clear that, as used in this regulation, "section 504" applies only to programs or activities to programs or activities to which it conducted by the n provides Federal financial assistance. -_ Section 4.510 Self-evaluation NAc. The adshall conduct a self-evaluation of its compliance . with section 504 within one year of the effective date of this regulation. .The process shall include consultation with interested persons, including t consultation with handicapped persons or organizations representing handicapped The self-evaluation requirements is present in the existing persons. section 504 coordination regulation for programs or activities receiving _f** y Y.231 fe) Federal financial assistance. (N CFR 01.5(i)(",). Experience has demonstrated the self-evaluation process to be a valuable means of establishing a working relationship with handicapped persons that promotes both effective and efficient implementation of section 504. Section 4.530 General prohibitions against discrimination i Section 4.530 is an adaptation of the corresponding section of the section 504 coordination regulation for programs or activities t Y./J/ receiving Federal financial assistance (23 0F 41.k y ? ff/2

(t ) 1 Paragraph (a) restates the nondiscrimination mandate of section 504. The remaining paragraphs in 54.530 establish the general principles for analyzing whether any particular action of the ady a es this mandate. These principles serve as the analytical foundation for the remaining sections of the regulation. Whenever the agdha i lated a provision in any of the subsequent sections, it has also violated one of t'he general prohibitions found in 54.530. When there is no applicable subsequent provision, the general prohibitions stated in this section apply. 2 SWE.aragraphs (b)(1)(1) and (ii) prohibit " gross" denials NAC of equal treatment of handicapped persons. The agdsay no.- s-t refuse to provide a handicapped person with an equal opportunity to participate in or benefit from its program simply because the person is handicapped. Grossly exclusionary practices include the use of irrebuttable presumptions I that absolutely exclude certain classes of disabled persons (e.a.. epileptics, hearing-impaired. persons, persons with heart ailments) from participation in programs or activities without regard to an individual's actual ability to participate. Use of an irrebuttable presumption is permissible only when in all cases a physical condition by its very nature would prevent an individual from meeting the essential eligibility requirements for participation in the activity in question. Section 504, however, prohibits more than just gross denials of equal treatment. It is not enough to adnit persons in wheelchairs to a program if the facilities in which the program is conducted are inaccessible. Sp6 aragraph (bl(.1)(iii), therefore, requires that the opportunity to participate or benefit afforded to a handicapped person be as effective as l l j

I _1 + that afforded to others. The later sections on program accessibility (554.550-4.551) and comunications (54.560) are specif c applications of this principle. I f Despite the mandate of paragr ph (d) th the dminister its programs and activities i t integr ed setting appropriate to the naads of qualified ha pped pa gas, 44hparagraph (b)(1)(iv), in . conjunction with paragr h(d),p its the adtoYelop separate or different aids, beneft o ervices when necessary to provide handicapped . persons with en equal NNrtunity to participate in or benfit from tg NAC

'[ programs or activities.195 regraph (b)(1)(iv) requires that different or separate aids, benefits, or services be provided only when

_ necessary to ensure that the aids, benefits, or services are as effectivs i as those provided to others. Even when separate or different aids, benefits, or services would be more effective, paragraph (b)(2) provides .that a qualified handicapped person still has the right to choose to participate in the program that is not designed to accommodate handicapped persons. NAC from denying a WW6garagraph (b)(1)(v) prohibits the qualified handicapped person the opportunity to participate as a member of a planning or advisory board. NAC 5ebparagraph (b)(1)(vi) prohibits the from limiting a qualified handicapped person in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving any aid, benefit. or service. J ?

) (, fl/ C YMparagraph (b)(3) prohibits the ma 1 om utilizing criteria fr y or methods of administration that deny handicapped persons access to the y s programs or activities. The phrase " criteria or methods of administration" refers to official written agency policies and the actual practices of the agency. This spbparagraph prohibits both grossly exclusionary policies or practices 1see infra discussion of nebparagraphs (b)(1)(1) and (ii)), and nonessential policies and practices that are neutral on their face, but deny handicapped persons an effective opportunity - to participate. $4bparagraph (b)(4) specifically applies the prohibition enunciated in 54.530(b)(3) to the process of selecting sites for construction of new facilities or existing facilities to be used by the e 1sbparagraph (b)(4) does not apply to construction of additional agency. buildings at an existing site. from using criteria for Sobjaragraph(b)(5)prohibitsthe the selection of procurement contractors that subject qualified handicapped persons to discrimination on the basis of handicap. f@ paragraph (b)(6) prohibits the aMf om iscriminating against qualified handicapped persons on the basis of handicap in the granting of licenses or certi.fication. A person is a " qualified handicapped person" with respect to licensing or certification, if he or she can meet the essential eligibility requirements for receiving the license or certification (see 54.503). In addition, the admay not establish requirements for the programs or activities of licensees or certified entities that subject I qualified handicapped persons to discrimination on the basis of handicap. /O

r ) For example, the must comply with this requirement when establishing safety standards for the operations of licensees. In that case the t ~ y ///C must ensure that standards that it promulgates do not discriminate against the employment of qualified handicapped persons in an impermissible manner. St@ paragraph (b)(6) does not extend section 504 directly to the 5 programs or activities of licensees or certified entities themselves. The program or activities of Federal licensees or certified entities are not 1 i themselves Federally conducted programs or activities nor are they programs d or activities receiving Federal financial assistance merely by virtue of R the Federal license or certificate. However, as noted above, section 504 may ! f affect the content of the rules established by the fo he operation N jg of the program or activity of the licensee or certified entity, and thereby indirectly affect limited aspects of their operations. Paragraph (c) provides that programs conducted pursuant to b

\\..

. Federal statute or Executive order that are designed to benefit only 4 ! handicapped persons or a given class of handicapped persons may be limited ~ d to those handicapped persons. g fS Section 4.540 Employment Section 4.540 prohibits discrimination on the basis of handicap inemploymentbyhutive This regulation is in accord with a recent decision of the Fifth Circuit that holds that, despite the resulting overlap of coverage with section 501 of the Rehabilitetion Act of 1973, as amended (29 U.S.C. 791), Congress intended section 504 to cover the employment practices of Executive agencies. The court also held that in order to give effect to both section 504 and section 501, the administritive procedures of section 501 must be followed in processing section 504 complaints. //

g (o Prewitt v. United States Postal Service, 662 F.2d 292 (5th Cir.1981). Consistent with that decision, this section provides that the standards, requirements, and procedures of section 501 of the Rehabilitation i Act, as established in regulations of the Equal Employment Opportunity 1 Commission (EE0C) at 29 CFR Part 1613 shall be those applicable to In addition to employment in Federally conducted programs or activities. this regulation specifies that the 11 this section, ( o use the existing EE0C procedures to resolve allegations of employment discrimination. Responsibility for coordinating enforcement of Federal

• 1aws prohibiting discrimination in employment is ' assigned to the EE0C by Executive Order 12067 (3 CFR,1979 Comp., p. 206). Under this authority, the EE0C establishes government-wide standards on nondiscrimination in

-- employment on the basis of handicap. Section 4.550 Program accessibility: Existing facilities T I This regulation adopts the program accessibility concept found p f in the existing section 504 coordination regulation for programs or 9, /N activities receiving Federal financial assistance programs (28 CFR 41.';.56i ( t

gac, Thus, 54.550 requires that the agene['s program with certain modifications.

or activity, when viewed in its entirety, be readily accessible to and useable by handicapped persons. The regulation also makes clear that the agency is not required to make each of its existing facilities accessible i

1. I s l-Y.P7 In l

( 54.550(a)(.1)). However, 54.550, unlike dCFR 4'.55.d places explicit pec i limits on the agency's obligation to ensure program accessibility (34.550(a)(2),(a)(3)). /.2 -y,---...-. , - - - ~. -. -, -, - - - -. - - - -,.. v. --m.. ---,----.%,,,---,,.------------yw.

) I 50egragraph (a)(3) generally codifies recent case law that i l defines the scope of y agency's obligation to ensure program accessibility. 9n This seBparagraph provides that in meeting the program accessibility requirement dagency is not required to take any action that would result in a fundamental alteration in the nature of its program or activity or in undue financial and administrative burdens. A similar limitation is provided in 54.560(e). This provision is based on the Supreme Court's holding in Southeastern Comunity College v. Davis, 442 U.S. 397 (1979), that section 504 does not require program modifications that result in a fundamental alteration in the nature of a program, and on the Court's statement j that section 504 does not require modifications that would result in 442 U.S. at 412. Since ,." undue financial and administrative burdens." Davis, circuit courts have applied this limitation on a showing that only one of the two " undue burdens" would be created as a result of the . modification sought to be imposed under section 504. See, e A, Dopico v. Goldschmidt, 687 F.2d 644, (2d Cir.1982); American Public Transit Association v. Lewis (APTA), 655 F.2d 1272 (D.C. Cir.1981). Thus, in APTA the United States Court of Appeals for the District of Columbia f-sk Circuit applied the Davidlanguage and invalidated the section 504 regulations of the Department of Transportation. The court in APTA noted "that at some point a transit system's refusal to take modest, affimative steps to accomodate handicapped persons might well violat,e section 504. But DOT's rules do not mandate only modest expenditures. The regulations require extensive modifications of existing systems and impose estremely heavy f'inancial burdens on local transit authorities." 655 F.2d at 1278. /3

) i l The inclusion of tdparagraph (a)(3) is an effort to conforu

1. E the

's regulation implementing section 504 to the Supreme Court's interpretation of the statute in Davis as well as to the decisions of lower courts following the Davis opinion. This owbparagraph acknowledges, in light of recent case law, that in some situations, certain acconnodations for a handicapped person may so alter an agency's program or activity, or entail such extensive costs or administrative burdens that the refusal to undertake the accommodations is not discriminatory. The failure to include such a provision could lead to judicial invalidation of the regulation or reversal of a particular enforcement action taken pursuant to the regulation. This $ paragraph, however, does not establish an absolute defense; l it does not relieve the ado obligations to handicapped persons. - Although the is not required to take actions that would result in a fundamental alteration in the nature of a pmgram or activity or in undue financial and adninistrative burdens, it nevertheless must take any other a steps necessary to ensure that handicapped persons receive the benefits l and services of the Federally conducted program or activity. t 1 Sabgragraph (b)(1) sets forth a number of means by which program accessibility may be achieved, including redesign of equipment. reassignmen't of services to accessible buildings, and' provision of aides. In choosing among methods, the :;;=,f ac.shall give priority consideration W 7 to those that will be consistent with provision of services in the most integrated setting appropriate to the needs of handicapped persons. i Structural changes in existing facilities are required only when there NAC is no other feasible way to make the egoacy's program acce,ssible.__T_he hpy may comply with the program accessibility'riiIquirement by delivering services at alternate accessible sites or maki ho 1 sits as app te. ~ N

) t ~ I S Paragrap (c) and (d) establish time periods for complying with the program accessibility requirement. As currently required for i V.127 cc) se Federally assisted programs by ECFR S PE the must make any NAC necessary structural changes in facilities as soon as pract cable, but in no event later than three years after the effective date of this regulation. Where structural modifications are required, a transition plan shall be developed within six months of the effective date of this regulation. Aside from structural changes, all other necessary steps to 4 . achieve compliance shall be taken within sixty days. . Section 4.551 Program accessibility: New construction and alterations l Overlapping coverage exists with respect to new construction - under section 504, section 502 of the Rehabilitation Act of 19,73, as . amended (29 U.S.C. 792), and the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157). Section 4.551 provides that those buildings that are constructed or hered by, on behalf of, or for the use of the shall be designed, constructed, or altered to be readily accessible to and useable by handicapped persons in accordance with 41 CFR 101-19.600- .607 (1982).. This standard was promulgated pursuant to the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157). We believe that it is appropriate to adopt the existing Architectural Barriers Act standard for section 504 compliance because new and altered buildings subject to this regulation are also subject to the Architectural Barriers Act and because adoption of the standard will avoid duplicative and I possibly inconsistent standards. /s'

6 3 g

1. AC Existing buildings leased by the aganed after the effective date of this regulation are not required to meet the new construction standard. They are subject, however, to the requirements of {550.

Section 4.560 Comunications Section 4.560 requires the a to ta e appropriate steps to ensure effective comunication with personnel of other Federal entities, applicants, participants, and members of the public. These steps shall ^ 4 i include procedures for detemining when auxiliary aids are necessary under 54.560(a)(1) to afford a handicapped person an equal opportunity to ram or activity. participate in, and enjoy the benefits of, the a 1-They shall also include an opportunity for handicapped persons to request the auxiliary aids of their choice. This expressed choice shall be given primary consideration by the 560). The M sh honor the choice unless it can demonstrate that another effective means of comunication exists or that use of the means chosen would not be required under 54.560(e). NAL That paragraph limits the obligation of the aMto ensure effective comunication in accordance with Davis and the circuit court opinions interpreting it (see supra preamble g4.550(a)(3)). Unless not required by NAL I4.560(e), the adshall provide auxiliary aids at no cost to the handicapped person. In some circumstances, a notepad and written materials may be sufficient to permit effective comunication with a hearing-impaired person. In many circumstances, however, they may not be, particularly where the hearing-impaired applicant or participant is not skilled in spoken or written language. Then, a sign language interpreter may be appropriate. For vision impaired persons, effective communication might be achieved by //

) several means, including readers and audio recordings. In general, the hall make clear to the public (1) the comunications services it offers to afford handicapped persons an equal opportunity to participate in or benefit from its programs or activities. (2) the opportunity to request a particular mode of communication, and (3) the :::afs /Ac t preferences regarding auxiliary aids if it can demonstrate that several different modes are effective. The h 11 ensure effective communication with vision impaired and hearing-impaired persons involved in hearings conducted by N A C. the aM Auxiliary aids must be afforded where necessary to ensure effective comunication at the proceedings. If sign language interpreters are necessary, the may req 1re that it be given reasonable notice' Moreover, the ,. prior to the proceeding of the need for an interpreter. C:;N E: ry need not provide individually prescribed devices, readers for . personal use or study, or other devices of a personal nature. (54.560(a)(1)(ii For example, the dne ok provide wheelchairs, eye glasses, or hearing aids to applicants or participants in its programs. Paragraph (b) requires the eg d te rohide information to handicapped persons concerning accessible services, activities, and facilities. paragraph (c) requires the M rovid 7 inaccessible facilities that directs users to locations with information about accessible facilities. j l /7 .--.---..--.-,-,,,,....,-,r-- m _,.- m - -,,y_ ,, -, - - - - - -, - - - ~. - - - -

) g Paragraph (,d) requires the T e.* to take appropriate steps to provide handicapped persons with infomation regarding their section 504 rights under the d s ograms and activities. Methods of providing this infomation include, for example, the publication of infomation in handbooks, wanuals, and pamphlets that are distributed to the public to describe the agency's programs and activities; the display of infomative posters in service centers and other public places; or the broadcast of information by. television or radio. Section 4.570 Compliance procedures i Paragraph (a) specifies that paragraphs (c) through (1) of this section establish the procedures for processing complaints other than NRL employment complaints. Paragraph (b) provides that the a will process i employment complaints according to procedures established in existing l regulations of the EE0C (29 CFR 1613) pursuant to section 501 of the l Rehabilitation Act of 1971 (29 U.S.C. 791). l The adi required to accept and investigate all complete complaints (54.570(d)). If it detemines that it does not have jurisdiction over a complaint, it shall promptly notify the complainant and make reasonable efforts to refer the complaint to the appropriate entity of the Federal governmerit ( 54.570(e)). Paragraph (f) requires the otify the Architectural and Transportation Barriers Compliance Board upon receipt of a complaint alleging that a facility subject to the Architectural Barriers Act of section 502 was designed, constructed, or altered in a manner that does not provide ready access and use to handicapped persons. 4f ,n n.--.e e n- --.-.-m.,,,e-a,.----,--,---,-v-,- ,--m-,----- --v--

y AIAb 5 Paragraph (g) requires the.:;;.u.7 to provide to the complainant, in writing, findings of fact and conclusions of law, the relief granted if noncompliance is found, and notice of the right to appeal ( 94.570(g)). One appeal within the ageds 11beprovided[34.570(1)). The appeal will not be heard by the same person who made the initial determination of compliance or noncompliance (54.570(h)). Paragraph (1) pemits the og to delegate its authority for investigating complaints to other Federal agencies. However, the statutory obligation of the agdt ke a final determination of compliance or noncompliance may not be delegated. y ceMer CNO ENVIRONMENTAL IMPACF The proposed rule is nonisubstantive and t As a result. insignificant from the standpoint of environmental impact. l 'an environmental impact statement or negative declaration and environmental ~ ' impact appraisal need not be prepared. PAPERWORK REDUCTION ACT STATEMENT 4famdwo nHeda,, serwwemnA na fjor16e A so.7'- sudjeef fo s'de i Repne,m <d of X4e A b o,s - t d e A < A k &f of Ayo ( W' MIC ssv/

• / sey.),

/2

i ) p/s l REGULATORY ANALYSIS The comission has prepared a draft regulatory analysis on this proposed regulation. The analysis examine e costs and benefits of the alternatives considered by the Commission. The draft analysis is available for inspection in the NRC Public Document Room, 1717 H Street, NW, Washington, DC. Single copies may be obtained from Edward E. Tucker, Manager, Civil Rights Program U.S. Nuclear Regulatory a Commission, 7203-MNB, Washington, DC 20555. f rif!A REGULATORY FLEXIBILITY CERTIFICATI0 As required by the Regulatory Flexibinty Act or 1980, 5 U.S.C. 605(b), the Commission certifies that this rule, if adoptegwill not have a significant economic impact upon 4 es/ nde l a substantial number of small entities. This proposa[would amend j - 10 CFR Part 4 to prevent discrimination against handicapped persons in s seposs

• x erfMW.t c e due fewf by TAe &vw/em**4 im?:sM o

l g - r-:t' r.: M the U.S. Nuclear Regulat6ry Comission.Mhese regulations af suvi uona i rwui...Jy *A* / @,?.N M M Lffony Yve/e" } %#k, {WRNN Ne ...,__....,.vi 4 j g --- i.1 h..-t r p - a a--+ l l List of Subjects in 10 CFR Part 4 T ' r.d, C'--i l M 7 t:. ^^ - *. " ', 0' ; c '.i.. t ' -- * = 4 r t " - -,,; d.) [ffI qual em o nt oppo ty, Federa 11 dings aciliti Handicapped. M Nondis min tion, ysi ly ha cap d. Subpart E - Enforcement of nondiscrimination on the basis of handicap in programs or activities conducted by the U.S. Nuclear Regulatory Commission 4.501 Purpose. 4.502 Application. 4.503 Definitions. ?o

U ) /pst8{ N ), 0 7 Administrative practice and procedure, Civil rights, Federal aid programs, Nandicapped, Reporting and recordkeeping requirements. I Under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC i is proposing the forloving amendments to 10 CFR Part 4. PART 4 - NONDISCRIMINATION IN FEDERALLY ASSISTED CONNISSION PROGRAIS phk

1. The authority citation for Part 4 is revised to read as follows:

y \\ ogi AUTHORITY: Sec.161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 274, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, 88 g \\ l, Stat.1242, as amended (42 U.S.C. 5841); sec. 207, Pub. L. 95-604,

• \\

92 Stat. 3033. (' Subpart A also issued under secs. 602-605, Pub. L. 88-352., 78 y g' N 'y3 Stat. 252, 253 (42 U.S.C. 2000d-120pd-4); sec. 401, 88 Stat.1254 (42 U.S.C. 5891). Subpartf 8/als'o ssued under sec. 504, Pub. L. 93-112, g 87 Stat. 394 (29 U.S.C. 794); sec.111. Pub. L. 93-516, 88 Stat.1619, g

• p((29 U.S.C. 706); sec.119, Pub. L. 95-602, 92 Stat. 2982 (29 U.S.C.

'Q / 794); sec.122, Pub. L. 95-602, 92 Stat. 2964 (29 U.S.C. 706(6)). g*a Subpart C also issued under Title III of Pub. L. 94-135, 89 Stat. o. ( 728, as amended (42 U.S.C. 6101). 4 2

2. Snh,.rt E is added to Part 4 to read as folio s:

4 l l l l ~ . ~.

j 4 } \\ 1 4.51 0 Sel f-eval uation. 4.530 General prohibitions against discrimination. 4.540 Employment. 4.550 Program accessibility: existing facilities. 4.551 Program accessibility: new construction and alterations. 4.560 Communications. 4.570 Compliance procedures. 54.501 Purpose. The purpose of this part is to effectuate section 119 of the 1 i Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendnents of 1973, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs i or activities conducted bybe;.eu.. e,;;;';;.f)*t's itM ted States /*Mr 6pm N NWeaw A j ) 0 ),e y 0 g i - 4.502 Application. tfJI Y ) This part applies to all programs or activities conducted by the j y I RACE ^"- nab g[ / t 3 Definitions. dg For purposes of this part, the tem -- "A;;a;/ r im t'r ".5. ":92 ":;;&t;;; M'-in_' SLJ " Assistant A torne General" means the Assistant Attorney General, ivil Riah+= '"=i"4a- "-8tM untos Department of Justice. $h " Auxiliary aids" means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the agency. For example, auxiliary aids useful for persons with impaired vision include readers, Brailled materials, audio recordings, and other similar services and devices. Auxiliary aids u ~ _. _

3 i k useful for persons with impaired hearing include telephone handset amplifiers, telephones compatible with hearing aids, telecommunication devices for deaf persons (TDD's), interpreters, notetakers, written ) materials, and other similar services and devices. " Complete complaint" means a written statement that contains the complainant's name and address and describes the agency's actions in sufficient detail to inform the agency of the nature and date of the alleged violation of section 504. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed ~ on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination. " Facility" means all or any portion of buildings, structures, equipment. .. roads, walks, parking lots, rolling stock or other conveyances, or other i real or personal property. l " Handicapped person" means any person who has a physical or mental 1mpairment that substantially limits one or more major life activities, has a record of such an impairinent, or is. regarded as having such an impairment. As used in this definition, the phrase: (1) " Physical or mental impairment" includes -- (i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or ~ J.2 1

~ } (ii) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (2) " Major life activities" includes functions such as caring for one's self, perfoming manual tasks, walking seeing, hearing, speaking, breathing, learning, and working. (3) "Has a record of such an impairment" means has a history of, l or has been misclassified as having, a mental or physical impairment i that substantially limits one or more major life activities. (4) "Is regarded as having an impairment" means -- (1) Has a physical or mental impairment that does not, substantially limit major life activities but is treated by the agency as constituting ~ such a limitation; (ii) Has a physical or mental impaiment that substantially limits . major life activities only as a result of the attitudes of others toward L such impaiment; or (iii) Has none of the impairments defined in sebparagraph (1) of this definition but is treated by the agency as having such an impaiment. " Qualified handicapped person" means -- (1) With ritspect to any agency program or activity under which a person is required to perform services or to achieve a level of accomplishment, a handicapped person who meets the essential eligibility requirements and who can achieve the purpose of the program or activity without modifications in the program or activity that would result in a fundamental alteration in I its nature; and i UE

5 e, j ) (2) With respect to any other program or activity, a handicapped person who meets the essential eligibility requirements for participation in, or receipt of benefits from, that program or activity. "Section 504" means section 504 of the P.ehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat.1617), and the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978 (Pub. L. 95-602, 92 Stat'. 2955). As used in - this part, section 504 applies only to programs or activities conducted n N#cs F-d W b :: f:5:f pr;- E bykr::tf1 0; r :ft: =ad aa+

• a 54.510 Self-evaluation.

Within one year of the effective date of this part, the ;;;;c.;, - NAC ~ sha'11 conduct, with the assistance of interested persons, including handicapped persons or organizations representing handicapped persons, a self-evaluation of its compliance with section 504. 54.530 General prohibitions against discrimination. ~ No qualified handicapped person shall, on the basis of handicap, (a) be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the g NF C i (b)(1) The in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of handicap -- (i) Deny a qualified handicapped person the opportunity to participate in or benefit from the aid, benefit, or service; i py

l ( (ii) Afford a qualified handicapped person an opportunity to j participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; (iii) Provide a qualified handicapped person with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others; (iv) Provide different or separate aid, benefits, or services to handicapped persons or to any class of handicapped persons than is provided to others unless such action is necessary to provide qualified handicapped persons with aids, benefits, or services that are as effective as those provided to others; i (v) Deny a qualified handicapped person the opportunity to participate as a member of planning or advisory boards; or (vi) Otherwise limit a qualified handicapped person in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service. (2) The a M aa t deny a qual.ified handicapped person the opportunity to participate in programs or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities. The e M may#ALnot, directly or through contractual or other (3) arrangements, utilize criteria or methods of adninistration the purpose or effect of which would -- AS' ,c_,y,--+e--- w ,ee-we-wm------m-,m.-w-em-.- - - - -

---

m--

-=a------ - - ^ - - - - - - - - - - - - - - -

(, 3 (i) Subject qualified handicapped persons to discrimination on the basis of handicap; or (ii) Defeat or substantially impair accomplishment of the objectives of a program or activity with respect to handicapped persons. NAL (4) The daay not, in determining the site or location of a - facility, make selections the purpose'or effect of which would -- (1) Exclude handicapped persons from, deny them the benefits of, or otherwise subject them to discrimination under any program or activity conducted by the ag d kr (ii) Defeat or substantially impair the accomplishment of the objectives of a program or activity with respect to handicapped persons. (5) The = r [ M nin the selection of procurement contractors, may not _.use criteria that subject qualified handicapped persons to discrimination on the basis of handicap. (6) The a d shy ot shinister a licensing or certification program in a manner that subjects qualified handicapped persons to discrimination on NM ** *1 not the basis of handicagnee-eay the agedestablish requirements for the s.-- programs or activities of licensees or certified entities that subject qualified handicapped persons to discrimination on the basis of handicap. However, the programs or activities of entities that are licensed or certified by the ag d ar b t, themselves, covered by this part. (c) The exclusion of nonhandicapped persons from the benefits of a program limited by Federal statute or Executive order to handicapped persons or the exclusion of a specific class of handicapped persons from a program limited by Federal statute or Executive order to a different class of handicapped persons is not prohibited by this part. k

) pl# ' (d) The hall adninister programs and activities in the most integrated setting appropriate to the needs of qualified handicapped persons. 54.540 Employment. No qualifled handicapped person shall, on the basis of handicap, be subjected to discrimination in employment under any program or activity g AL conducted by the ad The definitions, requirements and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established in 29 CFR 1613. shall apply to =nployment in Federally conducted i . progrims or activities. l 54.550 Program accessibility: existing facilities. (a) General. The agdsb operate each program or activity so . that the program or activity, when viewed in its entirety, is readily accessible to and usable by handicapped persons. This paragraph does not -- NAC. (1) Necessarily require the egency to make each of its existing . facilities accessible to and usable by handicapped persons; (2) Require the agdto taka 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 adninistrative burdens. If an action would result in such an alteration or such burdens, the agdskaf1 take any other action that would not nsult in such an alteration or such a burden but would nevertheless ensure that tandicapped persons receive the benefits and services of the program er activity. (b) Methods. MILL (1) General. The egdmay comply with the requirements of this section through such means as redesign of equipment, reassigrnent of .r r

) i services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible site, 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 I activities readily accessible to and usable by handicapped persons. The is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. The :=~[ 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 NAc requirements of this section, the agame[shall give priority to those - sethods that offer programs and activities to qualified handicapped persons in the most integrated setting appropriate. .(c) Time period for compliance. The shal comply with the obligations established under this section within sixty days of the j t effective date of this part except that where structural changes in NL facilities are undertaken, e changes shall be made within three years l of the effective date of this part, 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 :-- ? )llAL shall develop, within six months of the effective date of this part, a transition plan setting forth the steps necessary to complete such changes. The plan shall be developed with the assistance of interested persons, i l J/

) including handicapped persons and organizations representing handicapped persons. A copy of the transition plan shall be made available for public inspection. The plan shall, at a minimum -- j (1) Identify physical obstacles in the ag#Ateney's facilities that 1 f limit the accessibility of its programs or activities to handicapped persons; I (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 i i each year of the transition period; (4) Indicate the official responsible for implementation of the plan; and (5) Identify the persons or groups with whose assistance the plan was prepared. 54.551 Program accessibility: new construction and alterations. Each building or part of a building that is constructed or altered /V#C. by, on behalf of, or for.the use of the Mshall be designed, constructed, or altered so as to be readily accessible'to and usable by handicapped persons in accordance with the requirements of 41 CFR 101-19.600 to.607 (1982). I4.560 Connunications. N/tt (a) The og shall take appropriate steps to ensure effective connunication with applicants, participants, personnel of other Federal entities, and members of the public. .)?

L'

7. -

~' " +; NPG (1) The shall furnish app- ' v. aids where

• -:. city to participate necessary to afford a handicapped perse in, and enjoy' the beneff ts of, a progr!

:;:ted by the agency.

(1) In deterwining what type of = e:essary, the f shall give primary consideratio- ...es : :f the handicapped person. (11)The need not provide - ty pr+s:ribed devices, i readers fbr personal use or study, or c - s c' a sersonal nature. MAL i (2) Where the adcommunicate-

a :s s,d beneficiaries by telephone, teleconnunications devic-

er:: s (TDD's), or equally effective teleconnuaication systems sh:

~ (b) The a M s ensure that en:r.:, including - mation as to the persons with impaired vision or hearin. existence and location of accessible sa sc:te' " , and facilities. (c) The adsha 1 provide sig strance to each of its inaccessible facilities, directins at which they 3 can obtain information about accessible 'nternationel

rance of an symbol for accessibility shall be used accessible facility.

(d) The shal take appror

r.,. 'de handicapped

- s under the persons with information regarding the agency's progress or activities. 1 nc _,,.---,--_.,.-..--.,.,,_,,.,--.._--,,n-._

.s -) -Y L.* (e) This section does not require the to t k 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. If an action required to comply with this section would result NAL f in such an alteration or such burdens, the eMshall take any other action that would not result in such an alteration or such a burden but j would nevertheless ensure that, to tb maximum.qxtent possible, handicapped l persons receive the benefits and services of the program or activity. 84.570 Compliance procedures. (a). Except as provided in paragraph (b) of this section this section ) applies to all allegations of discrimination on the basis of handicap in programs or activities conducted by the ad ggc (b) The y shall process complaints alleging violations of section 504 . with respect to employment according to the procedures established in .29 CFR 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791). (c) Responsibility for implementation and operation of this section shall be vested in the Director of the Office of Small and Disadvantaged Business Utilization / Civil Rights. (d) The aMsb accept and investigate all complete complaints for which it has jurisdiction. All complete complaints must be filed within 180 days of the alleged act of discrimination. Theegene[ma eItendthis time period for good cause. ?/

( 4 l ve re e y s a complaint over which it does not have 3 . t: shall promptly notify the complainant and shall make i '?v ts to refer the complaint to the a'ppropriate government i - N AL 4 e.;s :y shall notify the Architectural and Transportation \\

:f.:n ce Board upon receipt of any complaint alleging that

...ca: are subject to the Architectural Barriers Act of 1968, "29 '.S.C. ), are not nadily accessible and usable to J persons. ithin 180 days of the receipt of a complete complaint for which Mnt 3di::f on, the adshall notify the complainant of the results iticat'on in a letter containing -- i s of fact and conclusions of law; S;. 'ption of a remedy for unch violation found; and i

- :4..s of the right to appeal.

of the findings of fact and conclusions of law or remedies .ne complainant within 90 days of receipt from the og

1. 9 t:. ired by I 70((). The agency may extend this time for Va f

~' e* / sppeals shall be accepted and processed by the Director. .t* .,d Disadvantaged Business Utilization / Civil Rights. r-N n s

q. of shall notify the complainant of the results of the

ays of the receipt of the request.

If the a M de armines t'onal information from the complainant, it shall have tate it receives the additional information to make its .ne appeal. J.L ~ .--.-,-.--.~.iLX.-----...-.-.

S., ) . p (91 ",) 4. ~ e f" p*il5$ pcM

• f pO r in '

(k) The time limits cited in {') =ad 14) it' may be extended with the pemission of the Assistant Attorney General. (1) TheagadNy elegate its authority for conducting complaint 4 investigations to other Federal agencies, except that the authority for making the final determination may not be delegated. l Dated at Bethesda, Maryland, this day of 1983. I FOR THE NUCLEAR REGULATORY CONtISSION Q William J. Dircks y; Executive Director for Operations6-y e - 9 4 r 6 e w w g e--, -, - - - - - --w-gw,,- y,--w,wwy-----vw-,--w-,-vww--- y,- ,,w,w y-m,eem----w--

---

n

-----w-

V T.... dsSs reas i==w-Proposed Rules vel e, see. san 8denday. R " : 31. seat wees men

• R R aat.,r-= - w.eu t.,

.at .teeat.o.e,ionai.at.,, et me D.c ao6ss (Phone sm-ess-sess). by ssected,senanIpapoes eeninine nonnes is my""8 summamerany assoamations section un badlea. 8'*Pe"d *** *

• Y "'"'

giat of the Discrialaation Act af Act also excludes ham fee

1. 8'"*

sers.es impart tbat severage ment. : d proeden. e,,o,w e,to,ana,s In m an. "no in tim t*d States shan.en encept for proyamsiGnded under me m ener a m anopean W me anos Se of age.be excluded kom c service .E - -t utles of the nden. participation in, be dealed the bemellte hensive EmpI tand af, er be sebjected to diacrimination haining Act (CETA). regulations 900 CLEAR REGULATORY ander, any proyam er activty receiving do cover say propean or activity which Pederal Anandalaseteteams. N Act is both a propam of FederalSneacial coastslSSION directs that aRFederalagencies assistamos and easployment 10 CPR Part 4 empowwod a provide FederalSaaacial such as the Werk seedy assistance leese rules.negulations, and Propam(4a ars1.et seg.) and the Mondiscrimination en Beele of Agein directives comistent with standards and Work facentive Propam (42 UAC 330. Federagy Analsted Commisalon procedures estabudad by &e SeceWary et .).He Age DiscriminaHon in Programe of Health. Educatica and Welfara, now t Act(ADEA)whichis he Secretary of Health and Human tered by the Equal Employinent amency:NudearRegulatory Servlees(HHB).no standards and Opportunity Coenmiselon (EEOC). procedures established the Secret 4ry eastianos to be the Federal statute that r a==f =alon. ,g.,,,,,- a,g,' of HHS beve been pu as final prohibits employment discriminados for sumansany:N Nuclear Regulatory geners! regulations in es CPR Part 30,44 pareces between the ages of 40 and 7 FR 33733 1979). Diferences to language tedividualein tble age range who amendment toits regulations which between ,.a :::f rule and the HHS experience employment discrimina6on, Comun!selonis considering an would implescent the..N of the general ations are for the sake of etbar thanla CETA public service elarity are notlatended to . esoployment sonstlook to the r Age Discrimination Act of197s.as 'ennstitute substantive differences.He ADEA for not to the Age amended.no.-- :::f==='==at HHS geners! regulations are also Discrimination Act. r would snake it enlawfW for any redpient soformd to as the HHS povernment. wide NRC Amletanse W of Federal Ramadat assistance to discriadnete on the baels of agela glions. proposed n'a-4===ats would be assistancela the form of training %eNRC eartently provides or activities recol Federal odded to10 CyR Part 4 as Subpart C assistance.& Act De Geners] Provisions, il 4.1 through prograans for state personnel.N contains certain exceptions that permit. 44, and Appendix A erbich identiflee the is puformed pureuant to section under limited circuanstances, sentiased NRC programs of Ra+adat assistance to areof Atomic Act of1864, as um of age disdac6cas or factors otbar which Part 4 apptes, would be amended,which pro for state "m of certain arou of NRC ha age ht may have a applicable to Subpart C sabpart Cis dhproporuonate eRecten the basis of devoted exclusively toprohibiting seguhiory activity. Dis t age.De Act applies to persons of au diacriminados sa me basis of agela States Propamis dulga toimpron or activities which receive abs state employees'sechalcaland ages. eatss:Commets musW meelnd m QRamadat assistance. administrative skills as well as develop or before November 2n.1sst. Cesuments Sections 4.2 and 4.s(d) of the General an understanding and ability to apply received after Novme :n.1981 will be Provisions have been sneended to more segulatory concepts and procedures. P,,,am.. ion to the Agreement S an addit consideredifitis Nealto do so,but elosely conforma.to language used la the e NRC has,s.eay b.en -nad:=iaana,-g6, u.H.S gove,eme,. wide reges.one t. ring io aseuia.e,ei.oonda,e De,s.s fouro a-at se.eism.e eg a and os, = ty,ee or ble sia m g,,,,, na e. edianguage nem.e

== .n y, agreements)with a variety of eligi of Part 4 emore d by these socipients for projects related to nuclear Aeonessas: Written comments or as leeptemente suggestions for considerationin De connection with the Ng:bmitted to the regulations, generally revere aB. esfety assnameht.no use of these

f amendments should su arosrams and activities which receive assistance lastrussents le designed to Secretary of the Commission U.S.

Metal Anandal asetetance.However, increase the flez!bility available to NRC Nuclear Regulatory Commiselon, ee Act and these reguladens do not WaWin suadaung ruearch sad hafonnatiosi exchange la todialcal areas a Woohington.DC 3065s. Attentiom apply to any age distinction. directly related to their regulatory Docketing and Service Branch. Copies of *eetablished under authority of any resposelbillun.Parayephle)of docuuents received may be pamined new"which provida benetts or at the Consaleolon's Public Document establistwo criteria for partidpation on F :^ A le being revloed to include Room at 1717 H Street.N.W. the beels of ase or in ese related terms IEIcarrent Refwencein Washington.D C ($ 4.so2(b)). 'Ibs, age distinctions which ph( Appendix A to the Tallinge Radiation Control ron rusmesa espesseAttees coorTACTt are " established ander authority of any om Mr. Hudson B. Ragas.OfBoe of the lew" may continue la see. By the lerens Act of 1973. section 307. Pub.1. 95-404. Executiv e 14 sal Director. U.S. Noclear of I 4. sot (b) "any law" refers to Federal et Stat. 3003, authorising pente to

cilsible Agreement States ta aid la es sale. lf implemented, will not result in 47: Enceptlene and Anal dedelen, ers multaseregelsed development of state regulatory hiposing an economic burden om any 474 content of ordere. socipient, including omsU entides. prefroms,le being deleted since theauf ority for that program is no longer in Pursuant to the Atomic Energy Act of 'F8 F**' '#'"1**'3** P'"'*dI"88-test, as amended, the Energy puedalReetow effect. NRC Interim Piemodures g a $ de { est ledidalevelow. EBeal se O6se RegdetensFouns and The HHS Age Discriminatich Task ** States Code. notice is hereby given that homoseen Force has requested egudes who have adoption of the fouowing amendments Elfed en other regulations. not published Anal reguletions to to 10 CF1t Part 4 le contemplated. 4 91 Include in the publication of proposed 1.In10CRt Part 4 the table of eat Penne andimetroceans. regulations pertinent information sentante and citatice of authority are &as 1...N and seontissues. regarding interim procedures to be sevised to read as fouows: hepert e ernpasmenme fouowedin the flEng and handling of Sessen see W the ReheMutseen Act of complaints. Recipients and beneSciaries PART 4-400N0lSCRIMINATION 96 ggys,as asmended ander all programs receiving Federal FEDERAL.l.Y ASSISTED 00000AISS40N mm financia! seelstance from the NRC are MIOGRAAAS Dissimimetery peessises 1 on notice that complaints may be Bled g,,,,,g pm 4131 Comeralprehlbitions egelmet alleging acts of age discrimination discrielaaties. 8'8. occurring on or after july 1.1979. 41 and sospe. 4tas General, _ r against Complaints concerning recipiente and '88 8" E, - emetentastion. beneficiaries of Federal Anandal " $'g*,#",, d ' ' F"'- . Stas Itm enable ---d' amen. assistance from NRC should be 41s4 Employmentartene. l addressedia: Director. Office of Equal u Communicausseandsaport loymet teiinirn atas pewsp!requimmentenesendna Employment Opportunity. Nuclear Siepart A-Mesdesens-tsas Geners

- - Tiile R

atory Commission. Washington, VI of the C8v0 Rights Act of 19s4 andhue asesedblity. E 10655 " *' ** E**'WF Rowgeniumm Amt W W eng facdieu. NRC wlE screen a!!completats and 'I" ~ refer those deemed sufBdent ender the smentuhanes pushhland Edessement i Act and HHS's general segulatione (45 j CF1t Part so) to the Federal Mediation 411 Ceneralprohibities. Asst Respenembey of appassets and l and Concillation Service (FMCS) for sta meetmemetery assieme sempsante. i Wkd. & ass Netles. mediation.The FMCS began mediating 41s amployment proceses. tass asfenoment m-eomplaints on Novetaber 1.1979. '14 M8818"8'*d**- m6mh l 1be Act states that a complainant may file a civ0 actios ta0 daye tross the Asemanese angdsed Age Oteerembtemen Act et 1975,es Amended l date the complalat was Blodif the 4 21 General seednments. agency has taken no action,er the 422 Contismingstate w I date me agency mahoe a ties aas Asewenses tem temens. anos perpeesandesepe. J ~ la fevor of the recipient.For purposes of E"'E"" tsat guses.of the embpart. een enhaastion of administrative remedies 4 31 Capmen and endetmo ulls l perled willren within NRC,the 180 dafaint is hd with npem,,,, 3,, ass tram e. date me comp NRC.In cases where NRC has takaa ao and hiermeen u Wshe ud astt nelse assinet ese dientednesse. action on a complaint and 1s0 days have paredpants. Dennieses of"mermal operseen"and passed, the complaisant has the etsbt to Coment of keepulme M12.etetutory objective" Ble a civil action in a United States Dietrict Court for the district la which 4 41 Pasiedic eseplianos wetows-4313 Ineeptions to the ndee agetmet age 44: Complais* dieertuhatica Normal eparecem er the.reciplent la located er transacts= gwa,sey,,,,,,,. gones e w any w b ess. R.go.=rr -mar - as===F * =ba-F = oi. es,se.e to.e ades aga si e,e n pahiwud. diedriminaties. aseeenable secame other In accordance with sec.als(b) of the tan see. Mesmo of Eleselse Congtemos '818 E" 'I F"*I* Reguletory flexibility Act of teso,5 U.S.C.006(b) the Canadaolos hereby tes ldesse seedeble. certifies that this rule will not,if 4 47 Menesemplismos wt6 tal. Deales of NBC medpieste 44s Terminaties of our to yest er to g,g g,,,,,,,,g promulgated,have a signiReant esatinee Federal financial assistanee. 4322, Written,n,,eue,s, tec'hnical assis econondeimpact en a sabotanda) 44s 04er means esserland by law. ,g,,, ,,,,,,,,,g,, number of small entities. Pureaant to the previolons of the Age Discrimination oppsetamiry for Handag ease hformenemregetressets. II 08 &st Noen of Opportunity for beerhe go,ee8seten,Caecastian and a-a-- -' 1'g ' A N""h8 **8 FI'888' Anancial assis.tanse by the NRC open ui e,'eeWasemow. = c - eii- - * - e be.is mai e roei. ban moi " lCre"s*

• • • ':;* 6g=gry,,,57,, =*

=u. E,,*i",'e"s "eo*Ld.ii. orts.u. and,- o 9-~

• r Co.eewet.d er
• m. meson.e mere are no addltional data seuection taas prendWues opeinst imenWedes or Dedelene end Noesse totahesen.

or recordkeeping requirem,ggg aecessary for comphance, the proposed art hitial decisies er eartincetion. 4 ass .' -- preendure.

41 / 74d Rules homt Resletw /...d. 48. No.1st / b4onday. September 21. esses w asuvity moeivhg Appease A Inessanted 1 s ^ A.which foBows I 4.33 ew H rwee.decisie pesier.i. aeon any %ai de M.?hd to feBow $ (JM. ndw assiehmos. snes. Remedial and amt.etive essen by r 4334 asw g, r he il ae&. rte.d.d.r. i.w.d.i.let.re.., i a,,,-,s,_ Mh hM h4per16M t Appendia-AFedere! Financial Assisteese *pplin are beted is ? n '- A d thle Se Age Olsedanneuen Act d 1975,as h u m ran4,,un. A

• "**8' Autbomy: Sec.tet.M Les-ree,m Stat.

b ne p*N h g,,,,,g l No. as amended (42 US C san) sec. EPA Federal .This pan appues to - l hb. L m.ars. rs seat sea. es monaded (43 pal transfernd,er g4381 ptspeesandesepe. USC aorti. sec.aer M L shot,et seat. saber asetetance estended ender he sets. sec.W1.M Lseast a Stat saatlas any preyan er activity,by way of g,,g[ d his embpan is to ed m gg rt A else teemed ender Discriminanon Ab*d U.S C Rest).SupLeMat.N Seat set,see past, estilement eseperative endw 6e escs est4ek h agreement. lean,er aestred er other I"3 42 U.S C moed-1-aomed4) and sec. est, w eMuu (M L sedat so Statlate lesUS C est)agreement by NRC er an autherteed age I l Subpan B aloe W under est est.M L esatsacter er omboomtractor of NRC, the seceivlagFederal assistance. es-111 er Stat.See (as UAC Fes): asc. hree dM M& =Ih wf& i 311(a). M L es-ele.M Stat.1ste(a USC ele part If any statutes implemented by geast Appasemenof esesepart l Pes). sec.110. hb. L emet. M Stat. seat (mhis part are otherwise appucable, the (a)no AgeDiscrimination Act of i UAC 7ett and sec.1st.M L emet.es fouure to bet a proyamin Appendia A SWs and these regdeuses ly# my Stat asse (a USC Fes (01). Embpart C else does met mean the le not e, g,gy oderal Isend under Title m of M L es-ist.e eevered by this part. pendocemet assisteesbem C. Stat.738, as emended (42 UAC Mal). lb)he Age Disertainesen Act of apply to: )

3. Sections 41,4.ta. 4.2 and ts(d) a,,

(a) Centrash of laseremos er gossumty; ters and thsee segolatione de not ap sevised to read as fouowe: distinctiessentainedla l 88"'*I (b)precomment sentreets; s' (1) As Ya Federal, state erlocal (c)Imployment practices ender anF e.shte w er&s.aer by. st part 9 4.1 hrpose and eespe. am w acaiiy --pi-pre *d . ne,e,asoons in.is pil 4.13.4133 and taE elected,generalpopose tive body kaplement:(e) the provie of11tle VI which: of theQvtlRights Actof1984,ptsh.L gg3 geeigenne, (t) provides may bene 8te er assistaans espersons benedenege;er aM82,andTitleIVof theEmergy 1 )Establiebee artteria for Reorganisation Act of1974,hb.LSS-gg).homalSaamdalmelshmos. 11 eas, which relate to mondiscriminaties entdemos loan. ,I'0" la egevoleted terms. tended er activity aestred7howenes a or n or an w y t practies of any [ esceMng Federal assistamos I I agency.leber Srom NRC;(b)the Wi of section 806 of the Rehabuttation Act of 1ps, se h,g, evelabh ergamiesties, or may labor. management w tionship treinlag preysm. amended. hb.L e6-112. hb.L 9Mes. aselehneein to form d. ledet p M * [* g,,, which relates to neadieelminaties wie ggy % gvhg," (s)Servlees of Federalperesumet er Deservies t ender the y yped h "P'd seer at Federalsupease:er for pu asetetanes;and(c)the (8) and ponenalpapeny eraaF t. 2 Mve tand prevlolone of the Age D6eetmination ber-da #

• ef propedF*

'tirelains Act of two A)(as U.S.C. j Act of SWs as amended hh.L95-188. 301 etset). asediocriminetion en the beels of age in dg "gg*,"

• • • • • # 7 I

3ases esaduun. hb.L GH78.which relate to D I ,g, As needla tis embpart:

ie>x n

aa'gaaes'**

Red-ed -a.or.ha: (a)"Act"muas the Age (111pressede toes a embesquent esaefer erlease of property tr the Discrialastloa Act of 1Ws. as ameaded. ae 94.1a tutparts. Federal share of its fair marke eelse le (I'ltle IB of hb.L e6-135). (b) " Action" meses any act, activity. Subpert A sets forth reise appliesble met phraed to the Federal Government; poucy, rule, standard, or method of toTide VIof the OvtlRights Act estese and the innd TitleIV af the Energy (iii) Sole andlease of,and the edadalstraties: er the ese of any pelley, Reorgealsation Act of two.(The Acts pwateslon to use (other than se ensual sule, standard, or mothed of r arecollectivel referredtolasubpert A Federalproperty or adadaletration. as the "Act".) B este forth rulee er treasient beste)h property without(c)" Age" meene bow old a porosa le. anyinternetla euc applicable y to matters eenolderstlos er at a nominal er the member of slopeed years tem the pertelning to oestes 004 et the .esselderation. er at a eseelderation date of a pereen's birth. Rehabilitaties Ast of SW3.as amended.whichle mduced(= tem popow d (d) Agedistination me.asas, tton acusa who er er en agevoletedimm. Subput C est forth ruin pataining to amleungtherecipient erlayv the provietone of the Ap Desertagnaths of the publicinkrwt to be ow by (e)" Age.eWeed brm"meme a wad Act of SWs a " hb. L es-tas, oesh sale erlease to the realpient er words which assessardy imply a particular age er reage of spe (for hb. L eH7s.which relate to mendiscrissineuen en the basis of age he ~. - m -m--

Feder!.1 Reglater kl. 43. Ns.132 / biond:y. Sept:mber : East / Propomd Rules 48585 t enample. " children? "c dult." " older normal operation er the achievement of Me obilgetion onder paragraph (b) of this persons." but not " student"). any statutory objective of a program or section. (f)"Subrecipient"means any of the activity. An action reasonably takes into (b) Where a reciplant osakes evettable i entities in the definition of " recipient" to account age as a factor necessary to the Federal financial assistance from NRC i mhlch a recipient extends or penses on mermal operation er the achievement of to a subrecipient, the recipient shall l Federal financial assistance. A any statutory objective of a progress or provide the esbrecipient written notice subreciplent la generally regarded as a. activity. if. of the embrecipient's obligations onder recipient of Federal Anancial ass! stance (a) Age is used as a measure er te Act and these regulations. and has all the dulla of a recipient in approulmation of one er mare other (c) NRC erGI provide technical these reguladons. ebaracteristice; and assistance,where necessary, to @e oew charactuleW mud b geciplete to aid them in complying with Standeeds for Detssudming Age measured or approximated la order for the Act and these regulations. l Ihu.ruminases the normal operetion of the an of (d)NRC willmake evef!able $ 4.s:s nuwe against age meernehemen. activity to sentinue,or to any educauonalmatwfals which wt forth l The rules stated in this section are statutory objective of the proyam or to rights and obligetions of redpients i limited by the exceptione contained in activity: and and benefidaries under the Act and l ll 4.313 and 4.314 of this subpart. (c) ne other sharacteristic(s) can be two reguladons. l (a) Cenerotrule:No person in the seasonably menered or.,,. bled the use of age:and g4.as4 Insermanenrogueremente. United States shall, on the basis of age, by(d) The other characteristido) are Each recipient aball: be excluded from partidpation in,be denied the benefits of, or be subjected to he etical to maasme directly en an (a)Make available spon request to vidualbaals. NRC information necessary to discrimination under, any og deknnine whe&er ee met ends l activity receiving Federal g 4.314 ssespeens to em ndes egesnet lylag with the Act these assistance. ese meerenanseen Reneenekse hoews one. l (b) Specific rules A recipient may not-enhw een eye. ) permit reasonable acosos by NRC l In any program or activity recel A recipletis punitud htM m to the recipient's books records. Federal finandal assistance, or sedan oewwin proWWWd by Iuit accounts, facilities and other sources of through contractual. licensing, or o whichis WW on alectw een &an lafonnetton to the extent necessary to nos W est acdes may beve a determine whether the recipient is in arrangements use age distinctions or [ M ages.W ob d a punene d take any other actions which have the templiance with the Act and thue As aedes may b wg 8'8"38Ii888-effect, on the beels of age, of: it)Eac!udingindividuals from onlyif ee denying them sne benefits of er ' as a feder o6w emYeobemadal6 Consmeden,ed ieder Wre a dired a subjecting them to discrimination oder, reladoneWp W 6e ammalopweden d asfammt prenden e program or activity receivies Federal ,,,g,gg,, g g, g4,ast congeoneeenema. 1 Anancial eesfetance,or g g,t of a statueery ablective* j (a)NRC may esaduct seenpliance l (3) Denying or limiting ledividuals la reviews and proaward reviews of tlwir oPpo-tunity to participate in any g 4.815 Sween of prest, l program or activity receivtag Federal The beden of proving that as aos recipients er use other stallar Anancial assistance. distinction er other action falls within dures that willpermitit to (c)The specine fonme of age to easepsens outlinedla il4J18 and k and corred violadoes of ee l discriminationlisted in ph(b)of 4J14la en the resipiaatof Federal ht these regulaticas.NRC may thle section do not y sometitute Anandal anddance. sonded esse revkwe evenla ee abemos of a maplaint against a I l e comptele liet. Dulles of NRC Redplease realplat.1he wview may be se g4.sia osannienseta enessaparecen-84 ass Asewaneeof eengaenes. esaprehenelve as necessary to m ans esseutoryeageoeve". detenmine whether a vicletion of these For purposes of ll 4213 and 4J14.the Each NRC recipient has prheary

• qLulations has accend re terms " normal operation" and " statutory responsibility to ensure that its Ib)If a complianos review or objective" beve int fouowtas eseanias:

programs and activities arela pnewerd twkwIndicata a violation of (a)" Normal cper aUon" means the sempliance with the Act and these the Act or these regulations. NRC will operation of a program or activity regulations. Each recipient will sign an attempt to achieve voluntary without significant changes that would escuramos of compilanes thatits compliance with the Act. If voluntary impair its ability to meet its objectives. propens and activities willbe compliance cannot to achieved. NRC esoductedla compliance with all the purpose of a program or activity requirements heposed by the Act and will arrange for enforcement as (b)" Statutory objective" means any thew n etions. A recipient also has descrited in 5 4.336. expressly eteted in any Federal statute, resposal ility to malatain records. $ eats Sempleten, etste statute, or local s.etute or provide information, and to afford (a) Any ladivid or es e ordinance adopted by an elected, acesse toits records to NRC to the member o a class or on bebe of othere. general purpose legislative body, entent required to detensine whether it may Ale a complaint with NRC elleging I4Jia smespeenstothendesegemet is la esseplianos wie the Act and these discrimination prohibited by the Act or ese meerenmeson seermaioperosen e' reguladoes. these regulations bened on an setton statseery eagesese of any propen er

soever, g4Jes Unteennoese,technimel secwitag on or after july 1.1Wo. A assiseenes, and eduesmonal motortete, complaimant aballfile a complaint A redpient le parodited to take an j

ection. otherwise prohibited by G 4J11. (s) NRC will provide written notles to within too days from the date the l if the action muonably takes fato seeb redpient of its obligations under complainant niet had knowledge of the account ese as a factor massenery to the the Act and these regulations. including alleged act of discrimination. However. ~ " " ~ " - ' - we. r ,,.r,%,7m.

Federr.1 R:gleter. W1. 48. No. tat / bionday. September. test / 76d Rules 46588 I for scod cause shown.NRC may extend the esoplainant er recipient fade to 4 taas prehMusa egelnet tuumidenen er retmasten. esoply with the agreesnoot. (b) NRC will attempt to facilitate the (d)The mediator shallprotect the Arecipient may not eagegein acts of i thh time limit. fill. g of compfeinto whmver poselble, esandentiality of eBlaformation Antimidation er retaliation egelnet any l inctuding taking the following measures: abbloodin b eewee of the mediation perses who: I (a) Attempts to assert e alght fo(1) Accepting a complaint as euthcient process. No mediator shaR testify in any preteese i r further processing which:(1)le med, adjudicative,.a ddiscim anyproduos any docuanent, or oewwl agulasses er In wrising:(ii) alleges a violation of the* Act (111)identines the arties lavolved brormados obtindin h oown d Nwwsh@m t"'r te*ft"F.ls d.dat;'n'.n*ap aa wa**i*-' war mv-t=a.wa -.*- p-d l m i d *- =-r =C s --m m -d d ib.e gene,any eo a. 8ppolating the mediator. enforeement presses. l rectice complained of; and (v) is signed (e)NRC wlB une the mediation NWN g Pmem for a maxima of so days aher (2) FrNy'i,gNt a completaaet to semel *g a emplalat biodiauen ende if: 6(a)MC may enfor-6e Act and pe ew mguladone thmsh-I add information to t complaint to (1)to days elapse tree the thee NRC 0)Twelaeuca of a sciplat's J sr.eet the seguiremente of a sufRcient sessives the eseptalat;er Federal Anancial assistance trem NRC corrpfalnt. DJ Notifying the cornplainant and the (3) Prior to the end of that so day unde the preyam or activityinvolved e recipient of their rights and obligatione period, the mediator detensines an where the recipient hee violated the Act 2 e nder the complaint procedure. ayeementleseached;er - er em aguleuene.& debrminados e l Including the right to have a (3) Prior to the end of that80 day 8al eher 8 pien has had an l tNo"S985E"*?4'd m 2 3 " "o'p"J te"ie = C m9r,3$@I"eE' ni ayemeen b see mediaWoa, w prior to a beastag, wLl act leformation and asetetance regarding g4m4 tussengagen, l (8 Raaasial C l low (2) Amy other seems aetherlee c i ta esep inant tesemplaints th(1)NRC wGllaves taciudlag but notlimited to: shall participate actively la eBor*a atam un moolw d a medieden er { toward speedy resolution of the are reopened beesume of a violaties of a (l)Referalle b Department of postion for - "" to enforos say complaint. mediausa eycoment sights of thEUnited distes er ehligations (d)NRCwulreturn to the esopleinent NRC wm_ pert of the initiallsvestigation. (3) Ae any complaint outende the lurtedicties of eseinformalfact Rading erthe t moeted by the Ast er i these regulations, and wiu state the season (e)whyitis outalde the methode, lacludlag leist er esparete toes tiene. (g Use of any requirement of or dissuesleas with tae t and sofer)ral to any Federal. State er local Jurtsdiction of these regulations. seelplest to establieb the end,if I' Possible, eettle the semplalat sa terme government agency that wGlhave the (a)Jteferrulefasepleinerfor that are mutuaDy eyeeable to the e5ect of eerrectlas a veelaties of the Act misde#en. NRC wul refer to a mediation parties.NRC may seek the assistenes of er these reguledeas. agney designawd by the Secutary of anyinvolved State propas egency. (b)NRC willlimit any toimination the Department of Heale and Hans (3)NRC wSIput may eyeomentla andw i4.ase(s)(1)to the perusslar

2-'.ic.a:'v'izzo,%eAc J ee "a":!s'".P.el"e.j'a.de'ra'C.

1,,2,f,AE'iPE,'y'g** l i.) o.a an noia 'ri es - germesa et i torme or e.f_t w.,,a,t.f a ter ..on.a a ,o,i u,.om,ain n in,a C er wt of MC tecluding onoplianos Anding wM mpet to afa (b) Both the sempi,alaaet and them*we andimmuseum of etw e, acevity of es mtpleat ch not i recipient eheti participatela the asapletate which maylevolve the seosive Federal Ramasial assistesse Im =C l mediation process to the entent sadplML i secessary to reach as mysement er (4)Settleasat of a semplaint under (c)NRC w21take as astian ander make aninformed judgment that an thle esetion wtU not osasutute a Sading parayeph(s)estu: l 0)m r'==8-ta= or deelywe. bas agreement le not pose 6ble.1%ere must of discriminetton by the NRC agelast e advised the socipient ofits falfure to be etleast one meeting with the 888tplest er an admiselon of l mediator befom NRC willaseept e diserbalnaties by the socipleat comply with the Act er these regulatione and use determined that voluntary l Judynent that en ayoomentle not powlble. However, the recipient and the (blplermelkrvset/ge#en. If NRC j complelaant ased not smeet with the ennoot resolve the seaplaint through esoplianos enanot be obtaleed. (3) Thirty days have eleseed eher the lefonnatlavestisetloa,it will to l taediator et the same eme, develop formalRadings through Commissica,er designee, has esat a tecipient reach an eyeoment,the tavestigationof thesempialat.lf the written soport of the circumstaates and (c)!!ne sempletaaet and the tsvestigation indicates a violaties of younds of the action to the eas.mittees statement of the mysement and have to these reguladons.NRC wul ettempt to of theConyeeshavtaglesMve mediator abau prepare a wittten 1 complainant and recipient alen it.The obteln voluntary compilanes.lf NRC justodicten ever the Fedest or mediator shell send e espy of the seanot obtala voluntary semplianos. it estivityinvolved. Areport beSled I agrwment to NRC NRC wultake no will besta saforcement se desertbed la whenever may estionle takes under i parapoph(e)of thissecuen. further action en the seaplalat isless i 4.ase, i

46588 Fed:rd R:gleter /.d. 46, N.102 / Monday. Sept:mber 21. Jet / Proposed Rules andinetaltingof the apt noti $ cation of the pobhc facludes a member of !tionof the these syntems from July 1.1931 to no systems.la establis the esperate step:. _:-:=Im seddent by the potentialseverity of t later than February 1.1981 implementation date, eCommiesloa was concerned that these factors would stWty,osaunanicatloe of the peredwd earse: Comment period empires October 21.1981 Commente received after this enhible the obWty te comply with a abort threat to edelte authorf ties, decision by date will be considered if it is practical schedule and set the July 1981 date with off.Its eSdale en the ased for 8o do so, but amurance of consideration thle in alad(48 FR ShorA protective action, espebility to speeed cannot be gived except as to comments : While hoensees' compliance with the public waralog, and actual respones by j mceived on or before this date. prompt notification requirement has the pubbc.h emergency planahis rule i is premleed as seducing to the extent Aeonseess:Internted persons are seen delayed,the NRC onnenders that possible-end to the extent the NRC can invited to submit writwo comments and omrgency plans and preparednese have i sussestions on the proposal to the sign!!acantly improved within the last regulate-the time required Ier and the Secretary of the Commiselon.U.S. year at and around overy nuclear power emeertainty seesdated with each step. i Every aspect of the rule. laclodmg the l Nuclear Regulatory Commission, {lant elle.Ris insigntSonstprownwat has bus sentraed by pompt uti8ondos eyetest le stW i Washington. D C. 80555. Atiention: Docketing and Service Branch. Copies of NRC teams who have visited a number utred.la chandag the 1 mentation date of the prompt comments received by the Commiselon of plant elles to evaluate the licensees' c notacados espebWty may be examined in the Commieston's eosphos with the uppmded 7t,the Commissics recognises Pubhc Document Room at 1717 H Street amerpacy planning mgulations of C inued need for this requirement NW., Weehington. D.C. August leso. in addition, the Federn) the oest and expects all stikties to esmplete the i con rumien meoamation costre Earpacy Management Agency Brten K. Crimes. Director' Division of (FEMA)and the NRC have monitored betallation of this eyetes as soon se Emergency Preparedness, Office of aumerous nuclear emergency smercises practicable bet not later than February 2 i inspection and Enforcement.U.S. ten! Stak andlocalgowruments 3.1982.Hmwr, ee Comuniselon i Nuclear Regulatory Commiselon. and ee , and again haw intends to take oppspriate enfotomat i Weehington. D.C. 30655 (telephone 381-wunawd a sigin8castimproveenent es actico egalast heeneses who did not, tc July L test,motify the 402-4814)' ensite and offsite emergency essenof theirlesbilitytomeet emmamam eseenmatione prepareiness. Besed en the aboveinformaties and, te jul,' L test deadume. 1.N Propeesd Rule en a moognidea est them exist Signmcaat hoseems performance l 'On August 10, teen,the Nuclear emetomary warning systems (poboe, strengths and weaknesses are evaluated latory Commisalon publiebedin the radio, telephonet which are viewed as in the NRC S stematic Assessment of F ralRegleter les F1154402) enfReintly efecen la many patulehd h ensee armenos(W)N W amendments to its regulations (10 CFR accident senarios, the Commiselos la pogram spool 8cally locludes evaluation of hassem.J -la amorpacy Part to and Appendia El concerning the popostas to defw the implementados ~ r upgreding of emergency preparednese. date of the prompt public nouScenes ympendases. Accordingly, a heensm's t test eforte in attempting to meet the July 1. s ne effective date of these regulations engabWty requirement hom]f test date for betalhas the pompt was November 3, teso. Among othe, to ebruary LteELla view o bic noti 8 cation capabillry willbe a bl things the regulatione required hcoasses above,the Commisalos Ande that there he that hosness's W. l I to submit upgreded emery plane by exists suScient mason to bellen that l January & test, submit imp ementing y g oed on g g,g, mese m oma E. Proposed Apptendes of d a Flaal edures by March to test, and j eat the emerpacy plans by Ard) g p event of a todiological emergency during De 't '- t also is proposing in One element that must be the niended time period for this rule that the four month period for sorncting defldendee, provided in I demonstrated in an acceptable aompliance. 5 Bo.94(e)(2), abould not apply to any bcensee's emergency plan is that: De Coeualeolon's dodelen to defer alconsee actla compliance with the e'monstre the the date for regelttag full implementation of the prompt public public not15 cation system requirement be o adatnistrative and physical means beve been motmcation espebility regetroment was ey February 1,1882, the new deadline ootabbehed for elemas and providing prompt mede. es desceited above, after date. if a heensee is not la sempliance i i teatructions to the pubhe withaa the ph s,e additional sonalderation of industry. wtth tids requirement by February 1, l shell tw to keve the capabihty te enentietly wide difficultyin acquittag the test, the Commiselon will consider esposure pathwe) spz.m dalen oWeettve semplete the taltial notification of the pubhc accessary s[ulpenent, permite, and laidag appropriate enforcement actions within the plume esposure pathway sp2 elestances.Tais ~ 2 deferre] dose promptly at that time. In determining within ebeut 15 minutes, act represent any fAdaseental appropriate enforcement action to ne NRC etaff has evaluated thelowl departure bom the rationale the laitiate, the Cosunlaelon will take into of cornpliance by the industry and noted Commiselon used la adopting and scopent,among other factore, the sustelning the public met 18cetion demonstrated diligence of the licensee i nector bcensees have been able to ant sep bWty requirement.See Final Rule in ettempting to fulfill the prompt pubtle that only about 125 of NRC power notification capabihty requirement.1he fully the July L1est date for lastellation on Emergency Planalas,48 FR andet Commiselon will eensider whether the 1 of a prompt public not18 cation eyetem 86407 (Aug. Se, teso). seanne/Aret/en which mwts the artteria in to CFR 80.47, Anled. C1J eo 40,12 NRC ese (lese).It beensee has kept the NRCinformed of to 54, and Appendix E to Part 30.N le the Commiselon*e soetinued judgment the steps that it bee takan, when thoet steps were takes and any signincent [ f-licensees inability to meet the July 1, that prompt puMic act18 cation is as important consideration is the effaite probleme encountered and the updated 1981 date has been attributed to the protectice of the pebbe is the event of a timetable which the hc4 isee expects l surrounding the designing. procuring, auclearsocident nieassite,.a& will be met in achieving full compliance unforween dl!ficulties and uncertainties l I - - - ~.

_~ Feder'1 Register. /ol. es, N2 tag / b4ond:y, September 1 }est / Proposed Rules 48589 1 -_^" for elerties and provtaas prompt i with the prompt public notification mitende for one year the date by which betructions k k pubhc within es plume l capability requiremente. the public notification systems are to be espam peeway M.The far.mene With respect to requests for operational, the businesses and state ekd la10 cm WeMI)ler es conecum l I exemptions theI NRC has received bora and local governments involud la the p# T

• "ne!

1(use l nuclear wor reactor licaneses eaanufacture and instaUstion of these hi concer 3 the prompt public eyelems are not economicaUy affected in [this pahinc motheties eyeese tot le notificeflon requirement and desdlines., any signlAcant manner. Accordingly, emptred by Fahreary 1.1982.The desir for inste!!stion and operational eere le no signi8 cant oraamaic impact ab>cun ette prompt pobhc sonnestsee J capability, the Commission has decided en a substantial number of small system eheH be to how the espebdity to to deny thue requeste in light of the entities, as deflaed la the Regulatory essentieUy esmplete the inittel seascauen of ) proposed entension of the July 1,1981 ylesibility Act of1980. ene pubhc within the pheme supesare pathway B'I withis eheut to annetes. The date. Any licensee not able to meet the PsW h Aes testeneet one of this sonocation espebittgwul rense i mew desdline dete of February 1.1982 D** l****** *eunceuen d pubhc will be subject to enforcement penalties Purement to the provisions of the una tbe a and after the new date.This provision will Paperwork Reduction Act of1900 (Feb. @yog, ehminete unnecessary and costly L e6 411), the NRC has made a omieu repirke urynt scuen) te se mm admir.mrothe actions needed to determination that this proposed rule meh enew where em to outieuauel ume co':sidn present exemption requests does not impose new recordkeepin8, entleble for the Sute and local that will essentially become soot by the htformation collection, or reporting governewetal emciale to make s ledement whether er met to estivate the pubbe I proposed extension of the July 1,lest seguiremente. dete.This approsch will o!ao permit the Puresent to the Atomic Energy Act of asuficehoe ey.ien. wnm there is e dectelon to actinte the actincamen symm.the Smte NRC to focus its consideration upon a StM, as amended. the Energ) and local emchie wiu determine whehr to i reduced number of noncompliance R anisation Act oflord, se amended, ***"" ** "h" **#8** b" *F*'" I ettuations which remain at the time of and 663 of Title 8 et the United the new deadlme. It le espected that the States Code, notles le hereby given that $(",, *[*8' ,y g ne snoet efficient use of NRC resources will e tion of the foUowing amendment to seen a pubhc neuncauen eyetem shall romain j be achieved by thle treatment of present 10 part 80. A;, f= E la wie the appropriate severnment authertues. esemption requeste relating to the July 1. eentempleted, e e e hheten,RC.eis we day d It to osed le bee t!y PART SIND0tetSTIC LICESIO10000F bw est promulgeted ae a final rule,it le the PRODUCTION ANOUTIUIATION Fw ee Maint Repletwy Camlh Commiselon*e present intention to make FACIUTIES Commles/en. nt to C , g .ub ca lom e m.ee,,ie is e,ecta to Aseseley: Sees. Set tes. tet. Set. ses, tes, enaase sees vueswews relieve the obligation of certain se Stat, sees eer,see see,see ene,see, se t i bcenews @ mgect k te pmwnt amended (42 UAC 3136, Stae, Burt. Sena, i July 1.1981 deedline for operetional man, meshme. est Se, see, m Sut.1M3, public notification systems. la that taea, lass, (42 U AC seet seas, seesJ. emisse SEPARTMOF EDERGY regard, the Commlesion notes that the otherwtes noted. Secues esse alas leased final rule, when affective, will be ander sec. nas, se Stat, see (da UAC met). l epplied to ongoing licensing r, _ i Section W.ren.00 Jet aise loseed ender sec. He, ORies of CenomesNon and Rene l e Stat.see, as amendedles UAC sene). gne,yy now pending and tolaeues or Secuene ettebeates loud ende ses. tes, sontentions therein. Un/an of Concerned b j Scientists v. AKC, 400 F. 2d 10er (D.C. Qt,se,s es 90 CPR PW98 i Cir.1974). UAC aret a sanpihemed unde sec. wit, se sist.eee (as UAC Emitt)h ae ears, san. y,g,g p,g, g,,,,, p,,,,,,,,, Regulatory Flesibility CerdSeedom [Mg gNEg'efe,$,$g Muneelpemente Repooseeing Y in accordance with the Regulatory Demonstreuen Feestles Fleulbility Act of leto. 8 U.S C 006(b), potered w to Appeneese. seemov: Department of Energy. i I the Commluion concludes that this rule 1.SectiesIV.DJ et C "= E to II1canteco$o fcimp e ona Pan Mle revied to NaIa's fouows: y dre * ^'*' "r gule"*N esu stential number of small entf ties.De Appemez 5-Emersemey and j proposed rufe concerne en estension of L^ for puedumales and Fasiheise ausseemry:'!be Department of Energy the operetionaldate for public today gives notice of the removal of the j notification systems for nuclear power D Met #Issedan Assedwee advance notice of 4:::f rulemaking plante licensed pureuant to Sections 10s (44 FR saMt)whicEwee publiebed on and 104b of the Atomic Energy Act of i 1954, ee amended. 42 U.S.C F133, FIMb.

3. A besmose shau how the espebthey to September 7.1979, expressing its The electric utility companies owning metafy mpossible state and leoni latention to develop rulee establishlag e and operating these nuclear power pwenewetal speaks wiein to miseta yederalprice support prograse for

• h"u de-eas ete that =e ateieri e id"l*'tes as magney.1be he'"*"

revenue producing products of plante are domina,nt in their.serviossho munici,si wesie si.e .,eee end do.et an within e hew upe meheepubbe demeestration fa neadvance definition of a sanall businese found in

• ",g*'*,'*g i

,e,9,g sotice wasleased under Section 30 of Section 3 of the Small Businese Act.15 tefweed te besseee den Ess$a, the FederalNennuclear Energy U.S C 432, or within the Small Buelnese eensuen. February 1. tees. Research and Development Act of1974. Slee Standerde set forth la ta CFR Part poww reacter besesse shan demoneeste that as amended.DOEle withdrewing the I 121.In additien, since the aht sesdaistrouw and phyescal meene how been i l 1 11 .-. - - m m.,.-- ---~.m.- ~ ~ - - - * - -

k 7

e ) SD 14 ISSI MEMORANDUM FOR: Samuel J. Chilk Secretary of the Commission FR0H: J. M. Felton. Of rector Division of Rules and Records i Office of Administration

SUBJECT:

FEDERALREGISTERNOTICE(SECY-81-473) Enclosed for your signature is the fb11owing notice: IRICLEAR REGULATORY C99tI55 ION 10 CFR Part 4 1 Nondiscrimination on the Basis of Age in Federally Assisted Commission Programs l The date on page one of thennotice will be 60 days after publication in the Federal Register. ~ The Office of the Esecutive Legal Director made no changes to the draft Federal Register Notice, therefore a copy is not required. J. ft. Felton, Director Division of Rules and Records Office of Administration i

Enclosure:

As stated cc: Margo Bridgers. EDO Clare Miles. PA I R&P RDG i RAP SUBJ i l l l OfMCS) .m e> ....f.. .h...f/,81 ..8//. 81 j an,e p OFFICIAL RECORD COPY uomo: =i== non.s m n+aen none esee

8 3 UNITED STATES [ h C'UCLEAR RECULATORY COMMISSION 5 a WASHINGTON, D. C. 20655 SEP 11 1981 MEMORANDUM FOR: Joseph M. Felton, Director Division of Rules and Records Office of Administration FROM: Howard K. Shapar Executive Legal Director

SUBJECT:

PUBLICATION OF PROPOSED RULE TO AMEND 10 CFR PART 4 NONDISCRIMINATION IN FEDERALLY ASSISTED C0mi!SSION PROGRAMS On August 27, 1981 the Commissioners approved for issuance a proposed rule to be published in the Federal Register to amend 10 CFR Part 4. These re-visions implement the provisions of the Age Discrimination Act of 1975, as amended, by prohibiting discrimination on the basis of age in programs or activities receiving Federal assistance from NRC. Enclosed are 15 copies of the subject notice which have been readied for Federal Register publication. Also enclosed are letters for transmission to the following Congressional Comittees to infonn them of this action: 1. Subcomittee on Energy and the Envirorsnent 2. Subconsnittee on Nuclear Regulation 3. Committee on Energy Conservation and Power 4. Subconsnittee on Environment, Energy and Natural Resources The public comment period closes 60 days following Federal Register publication. Please arrange to have this notice published at the earliest possible date. Howard K. Shapar r Executive Legal Director

Enclosures:

As stated l i

) i NUCLEAR REGULATORY C#ti!S$10N 10 CFR Part 4 Nondiscrinination on the Basis of Age in Federally Assisted Consiission Programs AGENCY: Nuclear Regulatory Commission. ACTION: Proposed Rule. SUtilARY: The Nuclear Regulatory Commission is considering an anendnent to its regulations which would implement'the provisions of the Age Discrimination Act of 1975, as amended. The proposed amendment would make it unlawful. for any recipient of Federal financial assistance to discriminate on the basis of age in programs or activities receiving Federal financial assistance. The Act also contains certain exceptions that pemit, under limited l circumstances, continued use of age distinctions or factors other than age that may have a disproportionate effect on the f basis'of age. The Act applies to persons of all ages. J DATES: Comments must be received on or before *,1981. Comments received after

• will be considered if it is practical to do so, but assurance of consideration cannot be given except as to coments received on or before I

l this date. ADDRESSES: Written coments or suggestions for consideration in connec, f tion with the proposed amentients should be submitted to the Secretary of l

• Insert date 60 days from publication in Federal Renister.

l l l l { \\ \\

) l i i j the Comission, U.S. Nuclear Regulatory Comission. Washington, D.C. 2f'555, Attention: Docketing and Service 8 ranch. Copies of documents received may be exanined at the Comission's Public Document Room at 1717 H Street, N.W., Washington, D.C. l FOR FURTHER INFORilATION CONTACT: i Mr. Hudson 8. Ragan, Office of the Executive Legal Director j; U.S. Nuclear Regulatory Comission l Washington, D.C. 20555(Phone 301-492-8668). l t SUPPLD1ENTARY INFORMATION: Section 6102 of the Age Discrimination Act of 1975, as anended, provides in part that "no person in the United States i shall, on the basis of age, be excluded from participation in, be denied the l benefits of, or be subjected to discrimination under, any program or activity I receiving Federal financial assistance." The Act directs that all Federal agencies empowered to provide Federal financial assistance issue rules, f regulations, and directives consistent with standards and procedums estab- ) 11shed by the Secretary of Health, Education and Welfare, now the Secretary ofHealthandHumanServices(HHS). The standards and procedures established by the Secretary of HHS have been published as final general regulations in 45CFRPart90,44F.R.33768(1979). Differences in language between the i proposed rule and the NHS general regulations are for the sake of clarity i and are not intended to constitute substantive differences. The NHS general f regulations are also referred to as the HHS government-wide regulations. l l i I i j

l. I The proposed amendments would be added to 10 CFR Part 4 as Subpart C. The General Provisions, il 4.1 through 4.4 and Appendix A which identifies the l NRC programs of financial assistance to which Part 4 applies, would be applicable to Subpart C. Subpart C is devoted exclusively to prohibiting i discrimination on the basis of age in programs or activities which receive Federal financial assistance. l Sections 4.2 and 4.3(d) of the General Provisions have been mended to more closely confom to language used in the NHS government-wide regulations defining federal financial assistance. The revised language describes the f coverage of Part 4 more specifically. l The Act, as implemented by these mgulations, generally covers all pre: rams _ and activities which receive Federal financial assistance. However, the Act i and these regulations do not apply to any age distinction " established under (- authority of any law" which provides benefits or establishes criteria for i participation on the basis of age or in age related tems (t 4.302(b)). Thus, age distinctions which are " established under authority of any law" may continue in use. By the tems of I 4.302(b) "any law" refers to Federal statutes, state statutes, or local statutes adopted by elected, general purpose legislative bodies. The Act also excludes from its coverage most employment practices, except for programs funded under the public service employment titles of the Compre-hensive Employment and Training Act (CETA). These regulations do cover any <,-,...m---~,,,-,-. --,,,m_., _,. _.,, _ _-m._-w,+-,,... .e-,,--,&w yw--,_ey_-,-.---,.,,,w.-

.r I 1 g . i 4 program or activity which is both a program of Federal financial assistance and provides employment such as the College Work Study Program (42 U.S.C. I 2751 g seq.) and the Work Incentive Program (42 U.S.C. 630. g,gg.). The Age Discrimination in Employment Act (ADEA) which is administered by the Equal Employment Opportunity Commission (EEOC), continues to be the Federal statute that prohibits employment discrimination for persons I,etween the ages of 40 and 70. Individuals in this age range who experience employment discrimination, other than in CETA public service employment programs, must 7 i look to the ADEA for relief, not to the Age Discrimination Act. NRC Assistance Programs The NRC currently provides assistance in the fom of training programs for state personnel. The training is perfomed pursuant to section 274 of the . Atomic Energy Act of 1954..as anended, which provides for state assumption f of certain areas of NRC regulatory activity. This Agreement States Program is designed to improve the state employees' technical and administrative l skills as well as develop an understanding and ability to apply regulatory concepts and procedures. I, In addition to the Agreement States Program, the NRC has recently been l entering into assistance relationships (grants and certain types of coopera-i tive agreements) with a variety of eligible recipients for projects related i to nuclear safety assessment. The use of these assistance instruments i is designed to increase the flexibility available to NRC staff in l stimulating research and infomation exchange in technical areas directly I i

)

) 4 . related to their regulatory responsibilities. Paragraph (e) o Appendix A is being revised to include this current program. Reference in paragraph (e) of Appendix A to the Uranium Hill Tailings Radiation Control Act of 1978, section 207. Pub. L. 95-604, 92 Stat. 3003, authorizing grants to eligible Agreement States to aid in the development of state regulatory programs, is being deleted since the authority for that program is no longer in effect. i NRC Interim Procedures The HHS Age Discrimination Task Force has requested agencies who have not published final regulations to include in the publication of proposed regu-lations pertinent information regarding Interim procedures to be foliowed in the filing and handling of complaints. Recipients and beneficiaries under all programs receiving Federal financial assistance from the NRC are on notice that complaints may be filed alleging acts of age discrimination occurring on or after July 1,1979. Complaints concerning recipients and beneficiaries of Federal financial assistance from NRC should be addressed to: 4 ) Director Office of Equal Employment Opportunity Nuclear Regulatory Comission Washington, D.C. 20555 NRC will screen all complaints and refer those deemed sufficient under the Act and HHS's general regulations (45 CFR Part 90) to the Federal Mediation ) l l

1 and Conciliation Service (R1CS) for mediation. The FMCS began mediating complaints on November 1,1979. 4 The Act states that a complainant may file a civil action 180 days from the i 4 date the complaint was filed if the agency has taken no action, or upon the i date the agency makes a detemination *n favor of the recipient. For purposes of exhaustion of administrative remedies within NRC, the 180 day period will run from the date the complaint is filed with NRC. In cases where NRC has f taken no action on a complaint and 180 days have passed, the complainant has the right to file a civil action in a United States District Court for the district in which the recipient is located or transacts business. I Reaulatory Flexibility Statement In accordance with sec. 605(h) of the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), the Commission hereby certifies that this rule will not. if promulgated, have a significant economic impact on a substantial number of small entities. Pursuant to the provisions of the Age Discrimination j Act of 1975, as anended, the proposed rule conditions the granting of i Federal financial assistance by the NRC upon the basis that the recipient shall not discriminate because of age in programs sponsored by the NRC. Moreover, since them are no additional data collection or recordkeeping I requirenents necessary for compliance, the proposed rule, if implemented, will not result in imposing an economic 'burd'en on any recipient, including small entities. l

j 7-Pursuant to the Atonic Energy Act of 1954, as 'anended, the Energy Reorganization Act of 1974, as anended, and section 553 of Title 5 of the United States Code, notice is hereby given that adoption of the fol-lowing amendments to 10 CFR Part 4 is contemplated. e m 4 i e i u l .. ~,

t ) 1. In 10 CFR Part 4 the table of contents and citation of authority are revised to' read as follows: PART 4 - N0llDISCRIllINATION IN FEDERALLY ASSISTED C9911SSION PROGRAMS GENERAL PROVISIONS Sec. 4.1 Purpose and scope. 4.la Subparts 4.2 Application of this part. 4.3 Definitions 4.4 Communications and reports. Subpart A - Regulations Implementing Title VI of the Civil Rights Act of 1964 and Title IV of the Energy Reorganization Act of 1974. i DISCR!ti! NATION PR0HIBITED 4.11 General prohibition. 4.12 Specific discriminatory actions prohibited, i 4.13 F.mployment practices. 4.14 Medical emergencies. 1 i b ,-n_. --,,,..,e,.,---e,-n---.--__-e-,m-. - ~.,., -. -.,, _, _ _-

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) ASSURANCES REQUIRED 4.21 General requirements. 4.22 Continuing State programs. 4.24 Assurances fran institutions. CG1PLIANCE INFORitATION 4.31 Cooperation and assistance. 4.32 Compliance reports. 4.33 Access to sources of infomation. - 4.34 Infonnation to beneficiaries and participants. i CONDUCT OF INVESTIGATIONS 4.41 Periodic compliance reviews. l,, 4.42 Complaints. 4.43 Investigations. 4.44 Resolution of matters. 4.45 Intinidatory or retaliatory acts prohibited. HEANS OF EFFECTING COMPLIANCE 4.46 Means available. 4.47 Noncompliance with 5 4.21. 4.48 Temination of or refusal to grant or to I continue Federal financial assistance. 4.49 Other means authorized by law. 4 ,-.---.__,.,.,__.--_.__,__yw--w-- ~c, .-,,mm., ...-_.,-_-.,_mm.__.,- -...,-,_m..m- -m

• 7 o

OPPORTUNITY FOR HEARING 4.51 Notice of Opportunity for hearing. HEARINGS AND FINDINGS 4,61 Presiding officer. 4.62 Right to counsel. 4.63 Procedures, evidence, and record. 4.64 Consolidated or joint hearings. DECISIONS AE NOTICES 4.71 Initial decision or certification. ~~ 4.72 Exceptions and final decision. 4.73 Rulings required. 4.74 Content of orders. 4.75 Post temination proceedings. JUDICIAL REVIEW 4.81 Judicial review. EFFECT ON OTHER REGULATIONS; FORitS AND INSTRUCTIONS 4.91 Effect on other regulations. t 4.92 Foms and instructions. 4.93 Supervision and coordination. vv

) Subpart B - Regulations Implementing Section 504 of the Rehabilitation Act of 1973 as amended. 4.101 Definitions. DISCRIllINATORY PRACTICES 4.121 General prohibitions against discrimination. 4.122 General prohibitions against employment discrimination. 4.123 Reasonable accomnodation. 4.124 Employment criteria. 4.125 Pres:iployment inquiries. 4.126 General requirement concerning program accessibility. 4.127 Existing facilities. 4.128 New construction. ENFORCD1ENT 4.231 Responsibility of applicants and recipients. 4.232 Notice. 4.233 Enforcement procedures. Subpart C - Regulations Implementing the Age Discrimination Act of 1975, as amended.

1 General t Sec. 4.301 Purpose and scope. 4.302 Application of this subpart. 4.303 Definitions. I Standards for Determining Age Discrimination 4.311 Rules against age discrimination. Definitions of " normal operation" and 4.312 " statutory objective". 4.313 Exceptions to the rules against age discria-ination. Nomal operation or statutory objective of any program or activity. 4.314 Exceptions to the rules against age discrim-l ^ Reasonable factors other than age. ination. 4.315 Burden of proof. Duties of NRC Recipients 4.321 Assurance of compliance. Written notice, technical assistance, and 4.322 educational materials. f 4.324 Information requirements. 1 l

I Investigation, Conciliation and i Enforcement Procedures 4.331 Compliance reviews. 4.332 Complaints. 4.333 11ediation. 4.334 Investigation. I f Prohibition against intimidation or 4.335 retailiation. 4.336 Compliance procedure. Hearings, decisions, post-temination 4.337 proceedings. Renedial and affinnative action by 4.338 i i recipients. Alternate funds disbursal proc,edure. 4.339 Exhaustion of adninistrative remedies. 4.340 i 4.341 Reports. Appendix--A Federal Financial Assistance to Which This Part Applies. Sec.161 Pub. L. 83-703, 68 Stat. 948, as AUTHORITY: anended(42U.S.C.2201);sec.274, Pub.L.86-373,73 Stat. 688, as amended (42 U.S.C. 2021); sec. 207. Pub. L. 95-604, 92 Stat.' 3033; sec. 201, Pub. L. 93-438, 88 Stat.1242 (42 U.S.C. 5841); Subpart A also issued 602-605, Pub. L. 88-352, 78 Stat. 252, under secs. t i i I

l I 253 (42 U.S.C. 2000d-1-2000d-4) and sec. 401 Pub. L. 93-438, 88 Stat.1254 (42 U.S.C. 5891); Subpart B also issued under sec. 504, Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794); sec.111(a) Pub. L. 93-516, 88 Stat.1619(29U.S.C.706);sec.119, Pub.L.95-6b2 92 Stat. 2982 (29 U.S.C. 794); and sec.122. Pub. L.95-602,92 Stat.2984(29U.S.C.706 (6)); Subpart C also issued under Title III of Pub. L. 94-135, 89 Stat. 728, as amended (42 U.S.C. 6101)'. 2. Sections 4.1, 4.la, 4.2 and 4.3(d) are revised to read as follows: GENERAL PROVISIONS I l 4.1 Purpose and scope. l The regulations in this part implement: (a) the pro-visions of Title VI of the Civil Rights Act of 1964, Pub. L. 88-352, and Title IV of the Energy Reorganization l l Act of 1974, Pub. L. 93-438, which relate to non-l i discrimination with respect to race, color, national origin or sex in any program or activity receiving Federal financial assistance from NRC; (b) the provisions of section 504 of the Rehabilitation Act of 1973, as amended, Pub. L. 93-112. Pub. L. 95-602, which l

) relates to nondiscrimination with respect to the handi-capped in any program or activity receiving Federal financial assistance; and (c) the provisions of the Age Discrimination Act of 1975, as amended. Pub. L. 94-135 Pub. L. 95-478, which relate to nondiscrimination on the basis of age in any program or activity receiving Federal financial assistance. I 4.la Subparts. Subpart A sets forth rules applicable to Title VI of the Civil Rights Act of 1964 and Title IV of the Energy Reorganization Act of 1974. (The Acts are collectively referred to in Subpart A as the "Act"). Subpart B sets forth rules applicable specifically to matters pertaining l to section 504 of the Rehabilitation Act of 1973, as amended. Subpart C sets forth rules pertaining to the provisions of the Age Discrimination Act of 1975 as amended. Pub. L. 94-135. Pub. L. 95-478, which relate to nondiscrimination on the basis of age in any pro-gram or activity receiving Federal financial assistance. I 4.2 Application of this part. This part applies to any program for which Federal finan-cial assistance is authorized under a law adninistered t

• 7

-~ by ilRC. The programs to which this part applies are ' I listed in Appendix A of this part; Appendix A may be revised from time to time by notice published in the Federal Reaister. This part applies to money paid, i property transferred, or other Federal assistance extended under any program or activity, by way of grant, entitlement, cooperative agreement loan, or contract or other agreement by NRC, or an authorized contractor or i^ 4 subcontractor of NRC, the terms of which require com-p11ance with this part. If any statutes implemented by this part are otherwise applicable, the failure to list a progran in Appendix A does not mean the program is not covered by this part. This part does not apply to: (a) Contracts of insurance or guaranty; or (b) Procurement contracts; or (c) Employment practices under any program or activity $exceptasprovidedini 4.13, 9 4.122 and i 4.302. ( i 4.3 Definitions. ~ (d) " Federal financial assistance" means any grant, entitlement, loan, cooperative agreement, contract. l l 1 I er

j ii (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which NRC provides or otherwise makes available assistance in the form of: (1) Funds; (2) Services of Federal personnel or other per- [ sonnel at Federal expense; or (3) Real and personal property or any interest in or use of property. including - (1) Transfers or leases of property for less than fair market value or for reduced consideration; (ii) Proceeds from a subsequent transfer or lease of property if the Federal share of its fair market value is not returned to the Federal Government; and the ( (iii) Sale and lease of, and the pennission to use (other than on a casual or transient basis) Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the

) < i 4 purpose of assisting the recipient, or in Il l ) recognition of the public interest to be served by such sale or lease to the recipient. h Appendix A, which follows i 4.233, is relocated to follow i 4.341. 3. Icnediately following i 4.233, a new subpart C is added to read as 4. follows: Subpart C - Regulations Implenenting the Age Discrimination Act of 1975, as amended. General i 4.301 Puroose and scope. The purpose of this subpart is to set forth NRC policies and procedures under the Age Discrimination Act of 1975 which pro-I hibits discrimination on the basis of age in programs or activities receiving Federal financial assistance. i

) 5 5 4.302 Application of this subpart. The Age Discrimination Act of 1975 and these regulations (a) apply to any program or activity receiving Federal financial assistance from NRC. 6 The Age Discrimination Act of 1975 and these regulations do g (b) i, not apply to: An age distinction contained in that part of a Federal, (1) state or local statute or ordinance adopted by an elected, general purpose legislative body which: 1 Provides any benefits or assistance to persons (1) based on age; or Establishes criteria for participation in (ii) 1 age-related tems; or (iii) Describes intended beneficiaries or target groups in age-related terms. (2) Any employment practice of any employer, employment agency, labor organization, or any labor-management joint apprenticeship training program, except for any program or activity receiving Federal financial assis-tance for public service employment under the Compre-hensive Employment and Training Act of 1974 (CETA) (29 U.S.C. 801 el n ).

) g l I 4.303 Definitions. As used in this subpart: (a) "Act" means the Age Discrimination Act of 1975, as amnded, (Title III of Public Law 94-135). (b) " Action" means any act, activity, policy, rule, standard, or method of administration; or the use of any policy, rule, standard, or method of administration. (c) " Age" means how old a person is, or the number of elapsed years from the date of a person's birth. l (d) " Age distinction" means any action using age or an age-related tem. (e) " Age-related tem" means a word or words which necessarily imply a particular age or range of ages (for example, " children," " adult " " older persons," but not " student"). (f) "Subrecipient" means any of the entities in the definition of " recipient" to which a recipient extends or passes on Federal financial assistance. A subrecipient is generally regarded as a recipient of Federal financial assistance and has all the duties of a recipient in these regulations. \\

) l ) Standards for Detemining r Age Discrimination i 4.311 Rules against age discrimination. 4 The rules stated in this section are limited by the exceptions 9 contained in il 4.313 and 4.314 of this subpart. (a) General rule: No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance. (b) Specific rules: A recipient may not, in any program or activity receiving Federal financial assistance, directly or through contractual, licensing, or other arrangements use age distinctions or take any other actions which have the effect, on the basis of age, of: (1) Excluding individuals from, denying them the benefits of, or subjecting them to discrimination under, a program l or activity receiving Federal financial assistance, or l Denying or limiting individuals in their opportunity to (2) l participate in any program or activity receiving Federal 1 financial assistance. l

~ '~' ) i. (c) The specific foms of age discrimination Ifsted in para-graph (b) of this section do not necessarily constitute a complete list. I 4.312 Definitions of "nomal operation" and " statutory objective". For purposes of 55 4.313 and 4.314, the tems "nomal opera-tion" and " statutory objective" have the following meaning: (1) "Nomal operation" means the operation of a program or i activity without significant changes that would impair its ability to meet its objectives. (2) " Statutory objective" means any purpose of a program or activity expressly stated in any Federal statute, state statute, or local statute or ordinance adopted by an elected, general purpose legislative body. t l 5 4.313 Exceptions to the rules against age discrimination. Nomal i operation or statutory objective of any program or activity, A recipient is pemitted to take an action, otherwise prohibited i by i 4.311, if the action reasonably takes into account age as a factor necessary to the nomal operation or the achievement of any statutory objective of a program or activity. An action reasonably takes into account age as a factor necessary to the nomal operation or the achievement of any statutory objective of a program or activity, if: s . _, _. ~. -... ~. - -

w ) i 'l (a) Age is used as a measure or approximation of one or more other characteristics; and (b) The other characteristic (s) must be neasured or approximated in order for the nomal operation of the program or activity to continue, or to achieve any statutory objective of the program or activity; and (c) The other characteristic (s) can be reasonably measured or approximated by the use of age; and (d) The other characteristic (s) are impractical to measure directly on an individual basis, Reasonable Exceptions to the rules against age discrimination. i 4.314 factors other than age. A recipient is pemitted to take an action otherwise prohibited by i 4.311 which is based on a factor other than age, even though that action may have a disproportionate effect on persons An action may be based on a factor other than of different ages. age only if the factor bears a direct and substantial relationship to the nomal operation of the program or activity or to the achievenent of a statutory objective.

) i r l 4.315 Burden of proof. The burden of proving that an age distinction or other action falls within the exceptions outlined in il 4.313 and 4.314 f is on the recipient of Federal financial assistance. Duties of NRC Recipients 5 4.321 Assurance of compliance. Each HRC recipient has primary responsibility to ensure that its programs and activities are in compliance with the Act and these regulations. Each recipient will sign an assurance of compli-ance that its programs and activities will be conducted in com-pliance with all the requirements imposed by the Act and these regulations. A recipient also has responsibility to maintain records, provide infomation, and to afford access to its records to NRC, to the extent required to detemine whether it is in compliance with the Act and these regulations. Written notice, technical assistance, and educational materials. I 4.322 I (a) NRC will provide written notice to each recipient of its obligations under the Act and these regulations, including its obligation under paragraph (b) of this section. l (b) Where a recipient makes available Federal financial assistance from NRC to a subrecipient, the recipic" shall provide the

I subrecipient written notice of the subrecipient's obligations h under the Act and these regulations. 1 (c) HRC will provide technical assistance, where necessary, to recipients to aid them in complying with the Act and these [ l regulations. flRC will make available educational materials which set forth (d) the rights and obligations of recipients and beneficiaries under the Act and these regulatinna, 1 5 4.324 Information requirements. Each recipient shall: (a) Make available upon request to NRC information necessary to detemine whether the recipient is complying with the Act and these regulations. (b) Pemit reasonable access by NRC to the recipient's books, records, accounts, facilities and other sources of infor-mation to the extent necessary to determine whether the recipient is in compliance with the Act and these regu-lations. -l

) , i Investigation Conciliation, and Enforcement Procedures i 4.331 Compliance reviews. (a) NRC may conduct compliance reviews and preaward reviews of recipients or use other similar procedures that will pemit i it to investigate and correct violations of the kt and these regulations. NRC may conduct these reviews even in the absence of a complaint against a recipient. The review may be as comprehensive as necessary to detemine whether a violation of these regulations has occurred. l (b) If a compliance review or preawani review indicates a violation l of the kt or these regulations NRC will attempt to achieve voluntary compliance with the kt. If voluntary compliance cannot be achieved. NRC will arrange for enforcenent as described in i 4.336. I 4.332 Complaints. (a) Any person, individually or as a member of a class or on behalf of others, may file a complaint with NRC, alleging discrimination prohibited by the kt or these regulations based on an action occurring on or after July 1,1979. A complainant shall file a complaint within 180 days from the date the complainant first had knowledge of the alleged act

)

i I

of discrimination. However, for good cause shown, NRC may extend this time limit. (b) NRC will attempt to facilitate the filing of complaints wherever possible, including taking the following measures: (1) Accepting a complaint as sufficient for further l processing which: (1) is made in writing; (ii) alleges a violation of the Act; (iii) identifies the parties involved and the date the complainant first had knowledge of the alleged violation; (iv) describes generally the action or practice complained of; and (v) is signed by the complainant. (2) Freely pemitting a complainant to add infomation to the complaint to meet the requirements of a sufficient complaint. .(3) Notifying the complainant and the recipient of their rights and obligations under the complaint procedure, including the right to have a representative at all stages of the complaint procedures. (4) Notifying the complainant and the recipient (or their representatives) of their right to contact NRC for infomation and assistance regarding the complaint resolution process. l

? i. - - ~ (c) Each recipient and complainant shall participate actively in i efforts toward speedy resolution of the complaint. l (d) ilRC will return to the complainant any complaint outside the jurisdiction of these regulations, and will state the reasons (s) why it is outside the jurisdiction of these regulations. I 4.333 liediation. (a) Referral of complaints for mediation. NRC will refer to a mediation agency designated by the Secretary of the Department of Health and Human Services all complaints 1 i that: (1) Fall within the jurisdiction of the Act and these regula-tions; and (2) Contain all infomation necessary for further processing. (b) Both the complainant and the recipient shall participate in the mediation process to the extent necessary to reach an agreement or make an infomed judgment that an agreement is l not possible. There must be at least one niaeting with the mediator before NRC will accept a judgment that an agreement is not possible. However, the recipient and the complainant need not meet with the mediator at the same time. 1 O ,m-,_

) i x If the complainant and the recipient reach an agreement, the i (c) mediator shall prepare a written statement of the agreement The mediator and have the complainant and recipient sign it. shall send a copy of the agreement to NRC. NRC will take no further action on the complaint unless the complainant or [l recipiant fails to comply with the agreement. (d) The mediator shall protect the confidentiality of all infor- ~ No mation obtained in the course of the mediation process. mediator shall testify in any adjudicative proceeding, produce any document, or otherwise disclose any information obtained in the course of the mediation process without prior approval of the head of the agency appointing the mediator. NRC will use the mediation process for a maximum of 60 days (e) after receiving a cuplaint. Mediation ends if: (1) 60 days elapse from the time NRC receives the complaint; or (2) Prior to the end of that 60 day period, the mediator determines an agreement is reached; or (3) Prior to the end of that 60 day period,,the mediator determines that an agreement cannot be reached. (f) The mediator shall return unresolved complaints to NRC. l l

~ 1 ) I 23 - 1 5 4.334 Investication. (a) Infomal investiaation. (1) NRC will investigate complaints that are unresolved after mediation or are reopened because of a violation of a mediation agreement. I (2) As part of the initial investigation, NRC will use informal fact finding methods, including joint or separate discussions with the complainant and recipient to establish the facts, and, if possible, settle the complaint on tems that are mutually agreeable to the parties. NRC may seek the assistance of any invcived State program agency. (3) NRC will put any agreement in writing and have it signed l by the parties and an authorized official at NRC. 1 (4) The settlement shall not affect the operation of any other enforcement effort of NRC, including compliance reviews and investigation of other complaints which may involve the recipient. (5) Settlement of a complaint under this section will not constitute a finding of discrimination by the NRC against a recipient or an admission cf discrimination by the recipient. (b) Fomal investiaation. If NRC cannot resolve the complaint through informal investigation, it will begin to develop ,--------m.---- 7

I () I formal findings through further investigation of the com-plaint. If the investigation indicates a violation of these regulations, NRC will attempt to obtain voluntary compliance. l If HRC cannot obtain voluntary compliance, it will begin i enforcement as described in 5 4.336. I i 4.335 Prohibition against intimidation or retaliation. A recipient may not engage in acts of intimidation or retaliation l against any person who: (a) Attempts to assert a right protected by the Act or these regulations; or i (b) Cooperates in any mediation, investigation, hearing, or other part of NRC's investigation, conciliation, and enforcement process. 5 4.336 Compliance procedure. (a) HRC may enforce the Act and these regulations through: (1) Temination of a recipient's Federal financial assis-tance from NRC under the program or activity involved l where the recipient has violated the Act or these regu-1ations. The detemination of the recipient's violation i l may be made only after a recipient has had an opportunity for a hearing on the record before an administrative law 1 i i

i ) (. judge. Therefore, cases which are settled in mediation, i ll or prior to a hearing, will not involve termination of a recipient's Federal financial assistance from NRC. (2) Any other means authorized by law including but not limited to: (1) Referral to the Department of Justice for pro-caedings to enforce any rights of the United States or obligations of the recipient created by the kt or these regulations. (ii) Use of any requirement of or referral to any Federal, State, or local government agency that will have the effect of correcting a violation of the kt or i these regulations. (b) NRC will limit any temination under i 4.336(a)(1) to the particular recipient and particular program or activity NRC finds in violation of the kt or these regulations. NRC l i will not base any part of a temination on a finding with 1 l respect to any program or activity of the recipient which does not receive Federal financial assistance from NRC. (c) NRC will take no action under paragrapn (n) until: (1) The Comission, or designee, has advised the recipient of its failure to comply with the kt or these regulations

I i.,.* * (l and has detennined that voluntary compliance cannot be obtained. (2) Thirty days have elapsed after the Commission, or desig-nee, has sent a written report of the circumstances and grounds of the action to the committees of the Congress having legislative jurisdiction over the Federal program or activity involved. A report will be filed whenever any action is taken under paragraph (a) of this section. (d) NRC also may defer granting new Federal financial assistance to a recipient when temination proceedings under i 4.336(a)(1) are initiated. (1) New Federal financial assistance includes all assistance for which NRC requires an application or approval, I including renewal or continuation of existing activities, or authorization of new activities, during the deferral period. New Federal financial assistance does not include increases in funding as a result of changed computation of fomula awards or assistance approved prior to the beginning of temination proceedings under i4.336(a)(1). (2) NRC will not begin a deferral until the recipient has received a notice of an opportunity for a hearing under i j

) j,.., f i 4.336(a)(1). NRC will not continue a deferral for more than 60 days unless a hearing has begun within that time or the time for beginning the hearing has been extended by mutual consent of the recipient and NRC. NRC will not continue a deferral for more than 30 days after the close of the hearing, unless the hearing results in a finding against the recipient. I 4.337 Hearings, decisions, post-temination proceedings. Certain NRC procedural provisions applicable to Title VI of the Civil Rights Act of 1964 apply to NRC enforcement of these regula-tions. They are il 4.61 through 4.64 and il 4.71 through 4.75. 4 - 5 4.338 Remedial and affimative action by recioients. I Where NRC finds a recipient has discriminated on the basis of (a) age, the recipient shall take any remedial action that NRC may require to overcome the effects of the discrimination. l If another recipient exercises control over the recipient 1 that has discriminated NRC may require both recipients to take remedial action. I (b) Even in the absence of a finding of discrimination, a reci-pient may take affimative action to overcome the effects of conditions that resulted in limited participation in the l recipient's program or activity on the basis of age. l i e.,. ,--,---n.,.

s q. (c) If a recipient operating a program which serves the elderly or children in addition to persons of other ages provides special benefits to the elderly or to children the provision of those benefits shall be presumed to be voluntary affima-tive action provided that it does not have the effect of excluding otherwise eligible persons from participation in the program. ~ l 4.339 Alternate funds disbursal orocedure. (a) When NRC withholds funds from a recipient under these regula-j tions, the Comission, or designee, may disburse the withheld funds directly to an alternate recipient: any public or non-profit private organization or agency, or stste or political i subdivision of the state. l (b) Any alternative recipient will be required to demonstrate: (1) The ability to comply with these regulations; and (2) The ability to achieve the goals of the Federal statute authorizing the program or activity. I 4.340 Exhaustion of administrative remedies. (a) -A complainant may file a civil a: tion following the exhaustion of administrative remedies under the Act. Administrative remedies are exhausted if:

-==- ) 4 (1) 180 days have elapsed since the complainant filed the complaint and NRC has made no finding with regani to the complaint; or (2) NRC issues any finding in favor of the recipient. 1 I (b) If NRC fails to make's finding within 180 days or issues a i finding in favor of the recipient, NRC will: (1) Promptly advise the complainant; and (2) Advise the complainant of his or her right to bring a civil action under Section 305(e) of the Act for injunc-tive relief that will effect the purposes of the Act; and (3) Infom the complainant: ~ (1) That the complainant may bring a civil action only in a United States district court for the district.in which the recipient is found or transacts business; (ii) That a complainant prevailing in a civil action has the right to be awarded the costs of the action, including reasonable attorney's fees, but that the complainant must demand these costs in the complaint; (iii) That before comencing the action the complainant shall give 30 days' notice by registered mail

) i 30 - to the Commission, the Secretary of the Depart-t ment of Health and Human Services, the Attorney General of the United States, and the recipient; (iv) That the notice must state: the alleged violation of the Act; the relief requested; the court in which.the complainant is bringing the action; and whether or not attorney's fees are deaanded in the event the complainant prevails; and (v) That the complainant may not bring an action if the same alleged violation of the Act by the same recipient is the subject of a pending action in any court of the United States. i 4.341 Reports. The NRC shall submit to the Secretary of Health and Hunan Services not later than December 31 of each year, a report which: (a) Describes in detail the steps taken during the preceding fiscal year to carry out the Act; and (b) Contains data on the frequency, type, and resolution of complaints and on any compliance reviews, sufficient to pemit analysis of the agency's progress in reducing age discrimination in programs receiving Federal financial l assistance from NRC; and + -e., ,--wgw.,---.-- p - w+y---- -w T-v - .m.w--, - - -

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l '# ' - (I ) (c) Contains data directly relevant to the extent of any pattern or practice of age discrimination which NRC has identified in any programs receiving Federal financial assistance from NRC and to progress toward eliminating it; and (d) Contains evaluative or interpretative infomation which NRC detemines is useful in analyzing agency progress in reducing age discrimination in programs receiving Federal financial assistance from NRC; and (e) Contains whatever other data the Secretary of WS may require. 5. Paragraph (e) of Appendix A is revised to read as follows: APPENDIX A--FEDERAL FINANCIAL ASSISTANCE TO WHICH THIS PART APPLIES j (e) Research Support. Agreements for the financial support of basic and applied scientific research and for the exchange of I scientific infomation. Dated at Washington, D.C., this day of 1981. I FOR THE NUCLEAR REGULATORY C0riflISSION i l Samuel J. Chilk Secretary of the Commission l i

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M-g=i /$$. FROM: (Neme, org. symbol. Agency / Post) Room No.-Bldg. f..Y TimCW T -? Phone No. x.,, o -m... ..,-.. o _, Q 7 [h] T ' Q ' OFTI.O.N.AL FORM 41 (Rev. 7-76 se41 102 ^ WR H& ge.u101-11M m e Nts.troI%sseTGt-61733".4 g r. ... g g'.. s* $ ': 'l *h.&.

~ ['p erru4'o'^ UNITED STATES e %) CLEAR REGULATORY COMMISSit ~) g! -e* ~ r, WA$HINGTON, D. C. 20555 h.! '{% b j AUG 121981 b..... MEMORANDUM FOR: benB..Ragan Office of the Executive Legal Director Michael T. Lesar FROM: Rules and Procedures Branch Division of Rules and Records Office of Administration PROPOSED REGULATION ON AGE DISCRIMINATION

SUBJECT:

Enclosed is a marked up copy of the proposed amendnents to 10 CFR Part 4 necessary to implement the Age Discriminatio,n Act. The suggested chenges include the following items: The Regulatory Flexibility Ceytification should not be tied on[y to 1. data collection or recordkeping requirements as many other factors must also be considered concerning potential economic effects. Perhaps section 606 should be used to waive the requirements of the Act. j Sections 4.la-4.4 under the General Provision heading are redesignated as 114.2-4.5 to eliminate the alpha-numeric section designation. This method of section designation is no longer accepted by the OFR and should be removed from NRC regulations if possible. Editorial changes are made in conformance with. generally accepted ~ 3 legal drafting conventions. These include -

• Using "shall" to impose an obligation on a named party; e Using "may not" to express a prohibition; and
• Writing in the present tense I am available to discuss the document with you and answer any questions you may have. Please call ext. 27086.

g;^' v Michael T. Lesar Rules and Procedures Branch Office of Administration

Enclosure:

As stated

~ 8 b N ~: g'-. Q

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ry -- g-AUG 121981 MEMORANDUM FOR: Hudson 8. Ragan Office of the Executive Legal Director FROM: Michael T. Lesar Rules and Procedures Branch Division of Rules and Records Office of Administration l

SUBJECT:

PROPOSED REGULATION ON AGE DISCRIMINATION Enclosed is a marked up copy of the proposed amendments to 10 CFR Part 4 necessary to implement the Age Discrimination Act. The suggested changes include the following items:

1. The Regulatory Flexibility Certification should not be tied only to data collection or recordkeeping requirements as many other factors must also be cor.sidered concerning potential economic effects.

Partiaps section 606 should be used to waive the requirements of the Act. 2. Sections 4.la-4.4 under the General Provision heading are redesignated as H4.2-4.5 to eliminate the alpha-nianeric section designation. This method of section designation is no longer accepted by the OFR and should be removed fmm NRC regulations if possible. 3. Editorial changes are made in conformance with generally accepted legal drafting conventions. Thase include - e Using "shall" to impose an obligation on a named party; e Using "may not" to express a prohibitions and l e Writing in the present tense I am available to discuss the document with you and answer any questions you l may have. Please call ext. 27086. Michael T. Lesar Rules and Procedures Branch Office of A&sinistration

Enclosure:

As stated R&P RDG R&P SUBJ MLesar omen).....A..D.M..:..D.R.R.... iu:mus)..M..Le.sa r/.BKG 8/Aa./81 ............/. 7A. one)

• * 'seo-steers cc FGCu espetoisoiwncu o24o OFFICI Al R5"r'OR T) COPY

p s., c \\,...../ ~ RULEMAKING ISSUE August 3, 1931 SECY-81-473 For: The Commissioners From: William J. Dircks Executive Director for Operations Sub.fect: ISSUANCE OF FEDERAL REGISTER NOTICE OF PROPOSED RULE-MAXING TO IMPLEMENT THE AGE DISCRIMINATION ACT OF 1975, AS AMENDED. TO PREVENT DISCRIMINATION ON THE BASIS OF AGE IN FEDERALLY ASSISTED COMMISSION PROGRAliS.

Purpose:

To obtain Commission approval of a Federal Register Notice of Proposed Rulemaking to amend 10 CFR Part 4. Discussion: 10 CFR Part 4 now prohibits discrimination in Federally assisted Comission programs on the basis of color, race, national origin, sex, or handicap pursuant to Title VI of the Civil Rights Act of 1964. Title IV of the Energy Reorganization Act of 1974 and section 504 of the Rehabilitation Act of 1973. The proposed regulations (Enclosure A) would prohibit discrimination in Federally assisted Comission programs on the basis of age. Section 6102 of the Age Discrimination Act of 1975, as amended, Pub. L. 94-135, provides in part that "no person in the United States shall, on the basis of age, be excluded from participation in, be denied the bene-fits of, or be subjected to discrimination under, any program or activity receiving Federal financial assist-ance." The Act also contains certain exceptions that pemit, under limited circumstances, continued use of age distinctions or factors other than age that may have a disproportionate effect on the basis of age. Persons of all ages are covered'under the Act, s i

Contact:

H. Ragan ELD 28668 l l ~ ~~~

e i ) 1 2-The Comissioners The Act directs that Federal agencies empowered to provide Federal financial assistance issue rules, regu-lations and directives consistent with standards and procedures established by the Secretary of Health, Education and Welfare, now the Secretary of Health and i Human Services (HHS). The standards and procedures established by the Secretary of HHS have been published and codified as final general regulations in 45 CFR Part 90. The NRC proposed rule complies with the Act as amended. Moreover, to assist in ensuring unifomity in government implementation of the Act, the language of'the proposed rule is very similar to that of the HHS general regula-Differences in language between the proposed 1 i tions. rule and the HHS regulations are merely for the sake of clarity and are not intended to create substantive differences. The proposed mie will be added to Part 4 as a third No changes tc Subparts A and B will be war-subpart. ranted by the addition of the proposed rule as Sub-part C. Subpart C will be devoted exclusively to pro-hibiting discrimination on the basis of age in programs or activities which receive Federal financial assist-Sections 4.1 and 4.la of the General Provisions ance. are being amended to reflec,t the addition of Subpart C to Part 4. Sections 4.2 and 4.3(d) of the General Provisions have been amended to more closely confom to language l d used in the HHS general regulations defining federal. financial assistance. The revised language describes 4p "j # ,liec the coverage of Part 4 more specifica1'y., ,e pc jf p* g( f Appendix A which now follows i 4.233 of Subpart B will y , (# d"' be relocated to follow i 4.340 of Subpart C. pt ,46#pe I t is- ) The NRC currently provides assistance in the fom of N. g> #,,. d 9 S training programs for state personnel. The training N's is perfomed pursuant to section 274 of the Atomic v Energy Act of 1954, as amended, which provides for state assumption of certain areas of NRC regulatory This Agreement States Program is designed activity. to improve the state employees' technical and adminis-trative skills as well as develop an understanding and ability to apply regulatory concepts and procedures. t l l ---w y-w,.e-.,_.- ,-,_,--,--<-.,y. 3, -...--,.,,._,y,-y-

p i The Commissioners. In addition to the Agreement States Program, the staff has recently been entering into assistance relationships (grants and cooperative agreements) with a variety of eligible recipients for projects related to nuclear safety assessment. The use of these assistance instru-ments is designed to increase the flexibility available to the staff in stimulating research and infonnation exchange in technical areas directly related to their regulatory responsibilities. Paragraph (e)ofAppen- - dix A is being revised to include this current program. Reference in paragraph (e) of Appendix A to the Uranium Mill Tailings Radiation Control Act of 1978, section 207, Pub. L. 95-604, 92 Stat. 3003, authorizing ' grants to eligible Agreement States to aid in the development of state regulatory programs, is being deleted since the authority for that program is no longer in effect. Resources: The amendments to 10 CFR Part 4 are not expected to require any additional staff resources for the offices (EEO, ELD, SP and ADM:DC) responsible for admin-1stering the rule. Financial resources mquired for the investigation and resolution of complaints are expected to be minimal and within current budget ~~ allocations. Recommendations: That the Comission: ma cing (publication of the notice of proposed rule Aporove 1.- Enclosure A) which provides amendnents to j 10 CFR Part 4 to prevent discrimination based on age in Federally assisted Comission programs. 2, Approve the staff's conclusions set forth in Enclosure B, which provides the analysis called for by the Periodic and Systematic Review of Regulations. The criteria used were derived from Executive Order 12044 which was rescinded on February 17, 1981 by Executive Onier 12291 (see memorandum from Bickwit to the Comission, February 27,1981). This approach is proposed as an interim procedure until the staff can make recomendations and the Commission decides what to do in response to Executive Order 12291. In order to satisfy requirements of the Regulatory 3. Flexibility Act 5 U.S.C. 605(b) certify that this

) The Commissioners __ I rule, if promulgated, will not have a significant of small economic impact on a; substantial number,f the Age entities. Pursuant to the provisions o Di;crimination Act of 1975, as amended, the pro-posed mie conditions the granting of Federal financial assistance by the NRC upon the basis that the recipient shall not discriminate because of age in programs sponsored by the NRC. n g' nere era nu.. d.;.. uv; b aun or recordkeepi frequirements,t propos mle, if i)plembted, i wil' ot result imposing neconomidbuQn 1 antitles. (on any ipient. cludino ~ 4. Note l The proposed amendment would be published in a. the Federal Register for 60-day public comment. b. That the Executive Director for Operations will i 1ssue the final rule if no significant adverse l comments or questions have been received on the { notice of proposed rulemaking and no substan-tial changes in text are indicated, pursuant to 10 CFR 1.40(d). That the proposed mle does not contain any c. provisions which would require clearance by OMB under the Papemork Reduction Act of 1980. However, a courtesy copy of the proposed rule i ..~,, will be sent to OMB as a matter of information 1 when the proposed rule is submitted to the Federal Register for publication. d. Since tM: p-p:M -f sni.Wx... ; impe - y - 7;,,.;;;; ::. m.. 0;;,,0.., ev. f. s;. E aed hesesse NRC is required by law to issue amendments., a Value/ Impact Statement ,fcpr/ s not been prepared. Since the NRC is required by law to issue the e. amendments and since the~ proposed amendments have no environmental impact, an environmental impact statement, negative declaration or t environmental impact appraisal has not been prepared. Cituecd4n l O/'d NA C Jos so o % e/ sye W b' 41.dh nettui hefte/ S nd 4/Necf ef*fdehMs

) I,' The Comissioners ___ f. The appropriate Congressional Comittees will be informed. Will am-J. Dircks Executive Director for Operations

Enclosures:

A. Notice of Proposed Rulemaking B. Analysis Re Periodic and Systematic Review of Regulations Comissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Friday. August 21. 1981. F. Comission Staff Office comments, if any, sho'uld' be submitted to the Comissionars NLT August 14, 1981, with an information copy to the Office of the Secretary. If the paper is of such a nature that it requires additional time for analytical review and coment, the Comissioners and the Secretariat should be apprised of when comments may be expected. This paper is tentatively scheduled for affirmation at an open meeting during the week of August 24,1981. Please refer to the appropriate Meekly Comission Schedule, when published, for a specific date and ~ time. DISTRIBUTION Cour'issioners Commission Staff Offices Exec Dir for Operations Exec Legal Director ACRS i ASLBP ASLAP ecretariat J. Ibt' fethre/ /*pN fex n/he./ f h/rfd ,ppIh,, stelemabhy n/W Je dA' fodefec/ b W%c/e/ j Arwecs eW oAs, ih h,,/,/ p ues, g;,?nh{,',sA ,,, so ff t% ',

I NUCLEAR REGULATORY COMMISSION 10 CFR PART 4 Nondiscrimination On the Basis of ~' Sex - Title IX of the Education Amendmentt of 1972, as Amended l1 g ~ 5 4 'k t si AGENCY: Nuclear Regulatory Comission g lg L t t DATE: ^ toments C. ;o' ;,...L-ditM by: Tom,,, er,/s x ecc/, ee/ o *fe ks// de conss h eaf W d 4r p

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g um.a a. .... ~. m p 11 and Disadvantaged Business Util .k Office J MN A "^' 'l,,,,,;sspun, UL 205bb. l FOR FURTHER INFORMATION CONTACT: Mr. Edward E. Tucker, Office of Small and Disadvantaged Business Utilization / Civil Rights, U.S. Nuclear Regulatory l Comission, Washington, DC 20555. Telephone (301) 492-7697. l l I

Y t ) 4 hpr 1 I ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory Consnission, Washington, DC 20555 Attention: Docketing and Service Branch. 1 Deliver comments to Room 1121, 1717 H Street NW, Washington, DC between 8:15 as and 5:00 pm weekdays. Copies of the regulatory analysis and any connents received on the proposed rule may be examined at the NRC Public Document Room at 1717 H Street, NW, Washington, DC. G i

l y a e 1.4 k)*lSUPPLEMENTARYINFORMATION: The Nuclear Regulatory Commission has authority k to fund assistance in the form of training for State and local government g N personnel under the State Agreements Program which provides for. State D-assumption of certain areas of Nuclear Regulatory Comission regulatory .D This program has been in effect since the inceptic1 of the activity. '(D t 2 Agency in 1975. M i\\.kg eb3 \\. \\ 'k Beginning with Fiscal Year 1981, the Nuclear Regulatory Comission has l2 ligible l( j s c } also been entering into assistance relationships with a va N t ts to stimulate research and information exchange in technical areas .[ D ii ],'\\\\?$g)recpen related to nuclear safety assessment. The recipients for Fiscal Year 1981

• gt fit organizations.

.. $,{ w[, were educational institutions and various nonp 2.. *f w ins,,,,/ ns uw-~ \\ tu /aaf

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!f j% sQ}hSubpart heals with iglementation of Title IX of the Edu jk ; S c fxwtde co,es/te eiwia,,

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j That title was intended to eliminate discrimination 4 $ ye of 1972, as amende#. 3

N hs on the basis of sex in any education program or activ

'k D .reAs art yee,,c-evi;a wie an' e.c \\ Subpart D tfh ;11 exceptions to the statutee is.{\\g 'd b financial assistance. jf 0;// s es to .# M /*'"*)x"MI. / R, nok The proposed [is non-substantive and insignificant NO ENVIRO

• ENTAL. IWACT:

As a result an environmental from the standpoint of environmental igact. impact statement or negative declaration and environmental impact app need not be prepared. The collection of information thir F PAPERWORK REDUCTIO!l ACT STATEMENT: proposed rule contains is exempt from the Paperwork Reduction Act of $ Y l#'t**l W Y "V ((44 U.S.C. 3518(c)(1)).7),,;, 4f,,%/ s.r po/ /avAeef n ('"'^N N' 1 .,n,.,./ e,%,s

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w n w,,F,A*c, Aw1 a /.ac.c & oes'emim f9MhM!! sin 9%,espyal$/1 fo//rofirst A rppjerspyr d J:w),je,/.pb \\ W teHe .repy+ ysu w/,9 & raw d kr% hip,yp, h

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I .I ) tn \\ REGULATORY ANALYSIS: The Comission has prepared a draft regulatory t {g}. analysis on this proposed regulation. The analysis examines the costs The and benefits of the alternativer considered by the Comission. ( { ( draf t analysis is available for inspection in the NRC Public Document \\ Room,1717 H Street, h W, Washington, DC. Single copies may be obtained from Edward E. Tucker, Manager, Civil Rights Program, U.S. Nuclear I [ Regulatory Commission, 7203-MN Washington, DC 20555. 5 \\ g 4 EGULATORY FLEXI8ILITY CERTIFICATION: As requ. ired by the Regulatory

2. $ k Flexibility Act of 1980, 5 U.S.C. 605(b), the Comission certifies that

{i this rule, if adopted will not have a significant economic impact upon i a substantial number of small entities. w.k,w n r e LIST OF SUBJECTS IN 10 CFR PART 4: Administrative practice and procedure, Civil Rights, Federal aid programs, Handicapped, Reporting requirements. 4 For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendments to 10 CFR Part 4. PART 4 - NONDISCRIMINATION IN FEDERALLY ASSISTED COPNISSI The authority citation is revised to read as fcilows: 1. Sec.161, 68 Stat. 948, as amended (42 U.S.C. 2201); AUTHORITY: sec. 274, 73 Stat. 688, as amended (42 U.S.C. 2021); sec 201, 88 Stat.1242, 3

/ y / JA w dd As required by Title IX of the Faucation Amendments of 1972, as amen e {p I l financial assistance by the proposed rule conditions the granting of Federa discriminate because the NRC upon the basis that the recipient may not ld not of sex in prograas sponsered by the NRC.j (If the regulations wou impose any new or additional requirements that would result in any l financial burden on the recipient, say so here. If the regulations I contain provisions that would have an economic impact on recipients, impact. you m_ust detail, in terms of dollars and hours, the extent of that. It would also be necessary to describe the number and type of recipient i be considered small that would be af fected and whether or not they would entities under the Regulatory Flexibility Act.) ---1_ ,.-,,_.-,_-.w_

i as amended (42 U.S.C. 5841); sec. 207. Pub. L. 95-604, 92 Stat. 30 602-605, Pub. L. 88-352, Subpart A also issued under secs. t 78 Stat. 252, 253 (42 U.S.C. 2000d-1-2000d-4); sec. 401, 88 Sta.t t Subpart B also issued under sec. 504, Pub. L. 93-112, (42 U.S.C. 5891). 87 Stat. 394 (29 U.S.C. 794); sec.111, Pub. L. 93-516, 88 Stat.1619 g I (29 U.S.C. 706); sec.119, Pub. L. 95-602, 92 Stat. 2984 (29 l 4,t* Subpart C reserved. Jedpw/ $.*No its vel unedW N, is SJ-J/(, y . of ' d4l.pded h nr. 1, fa6. L. 9y. a /g, 4f Jh/, / U f ('eorepp ' ht f l

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g. hpNt D is added to Part 4 to read as follows:

S , 2. .~ itte IX of the Educat Amendments Subpart dea with implementation i of 1972, a amended. That le was inte ed to elimi e discri nation tivity receiving F eral on the asis o sex ingy education program ons to the statute. '/ exce f. fi cial assista Subpart C defines p1 i 7 l Subpart D - Nondiscrimination on the Basis of sex - title IX o E E amendments of 1972, as amended. s. 4.401 Purpose. 4.402 Application. Definitions. 4.403 Effects of other requirements.- Educational institutions controlled by religious organizations. 4.404 Military and merchant marine educational orgaaizations. 4.405 Membership practices of certain organizations. 4.406 4.407 Educational institutions eligible to submit transition plans. Admissions. 4.408 4.409 Discrimination on the basis of sex in admission an Transition plans. 4.41 0 4.411 prohibited: admission. 4.412 Preference in admission. Recruitment. 4.41 3 Education programs and activities. 4.414 4.415 Housing. 4.416 Comparable facilities. I Access to course offerings. 4.417 l &'WMwswsm--.,_

) L. Access to schools operated by LEA's. Counseling and use of appraisal and counseling materials. 4.418 4.419 4.420 Financial assistance. Employment assistance to students. 4.421 Health and insurance benefits and services. 4.422 4.423 Marital or parental status. Athletics. 4.424 Textbooks and curricular materials. 4.425 4.426 Procedures. Employment practices. 4.427 Employment. 4.428 Employment criteria. 4.429 Recruitment. 4.430 Compensation. 4.431 Job classification and structure. 4.432 Fringe benefits. Marital and parental status. 4.433 Effect of state or local law or other requirements. 4.434 4.435 Advertising. Preemployment inquiries. 4.436 Sex as a bona-fide occupational qualification. 4.437 O + 1 9 I 4

i i Subpart D - Nondiscrimination on the 8 asis of Sex - Title IX of the Education Amendnents of 1972, as Amended 5 4.401 Purpose. The purpose of this subpart is to implement Title IX of the Education Amendments of 1972. Pub. L. 92-318, as amended by Pub. L. 93-566, and I Pub. L. 94-482, which is designed to eliminate (with certain exceptions) discrimination on the basis of. sex in any education program or activity receiving Federal financial assistance, whether or not the program or activity is offered or sponsored by an educational institution as defi ,/u w at //c in this subpart. "$, re ankp,,,,) e,/ q)e *! J

1. /' I i

h* l 5 4.402 Application. Except as provided in 050.25 K 040.26 and 1040.27 this -- subpart applies to every recipient and to each education program or activity operated by the recipient which receives or benefits from Federal financial k s assistance. y 'k 5 4.403 Definitions. f k " Title IX" means Title IX of the Education Amendments of Pub. L. 92-318, as amended by Sec. 3 of Pub. L. 93-568, 86 Stat.1855, y. (except Sec. 904 and Sec. 906 of the Amendments) 20 U.S.C. Ants.1681, 1682, )I 1683,1685, and 1686. ) " Educational Institution" means a local educational agency (L.E.A.) \\ as defined by Section 801(f) of the Elementary and Secondary Education Act or secondary of 1965 (20 U.S.C. 881), a pre-school, a private elementary *Wcs A fo// **in9 s school, or an applicant or recipient of thekir tii.xd i; =i:=tt:r (*); .(d), h), r (') ' tht: :r tf r M. red cD c

) t J l /zff (1) Institutions of graduate higher education. (2) Institutions of undergraduate higher education. (3) Institutions of professional education. (4) Institutions of vocational education. l l l e ' ' ' ~ " - - - ' '

\\ J% " Institution of graduate higher education" means an institution l which: (1) Offers academic study beyond the bachelor of arts or bachelor of science degree, whether or not leading to a certificate of any higher degree in the liberal arts and sciences; or (2) Awards any degree in a professional field beyond the first professionaldegree(regardlessofwhetherthefirstprofessionaldegreein the field is awarded by an institution of undergraduate higher' education or professional education); or j (3) Awards no degree and offers no further academic study, but operates ordinarily for the purpose of facilitating research by persons who have received the highest graduate degree in any field of study. !I. = ([ " Institution of undergraduate higher education" means: ~~ (1) An institution offering at least two, but less than four years of I college level study beyond the high school level leading to a diploma or I an associate degree or wholly or principally creditable towant a baccalaureate degree; or An institution offering academic study leading to a baccalaureate (2) degree; or l (3) An agency or body which certifies credentials or offers degrees. but which may or may not offer academic study. l % " Institution of professional education" means an institution l (except any institution of undergraduate higher education) which offers a program of academic study that leads to a first professional degree in a field for which there is a national specialized accrediting agency recognized i i I by the United States Comissioner of Education. f 7 i

Document Name: STELLO 1363 Requestor's ID: i GABRIEL Author's Name: Schwink Document Comments: Control of Rulemaking SDBU/CR}}