ML20245A627

Proposed Rule 10CFR4, Enforcement of Nondiscrimination on Basis of Handicap in Federally Assisted Programs; Correction. Address & Hours of Operation for PDR Corrected. Fr Notice Encl

ML20245A627
Person / Time
Issue date:	03/10/1989
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:
References
FRN-54FR9966, RULE-PR-4 PR-890310, NUDOCS 8904250300
Download: ML20245A627 (7)

Text

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4-DOCKET t! UMBER pp L/,

PROPOSED RULE e "

0 n sno g Register c

NUCLEAR REGULATORY COMMISSION or publicabon 10 CFR Part 4 Enforcement of Nondiscrimination on the Basis hq X(f Handicap in Federally Assisted Programs; Corr on g.

B AGENCY:

Nuclear Regulatory Commission.

h M4R 22]ggg s E_

NS$n g

ACTION:

Proposed rule; correction.

IU RC

SUMMARY

This document corrects a proposed rule appearing in the Federal Register on March 8, 1989 (54 FR 9966) which would amend regulations issued for the enforcement of Section 504 of the Rehabilitation Act of 1973, as amended, in Federally assisted programs or activities.

This action is necessary to correct the address and hours of operation presented for the NRC Public Document Room.

The information in the ADDRESSES section for the Nuclear Regulatory Commission on page 9968 should be corrected to read as set forth below.

DATE:

Comments must be received by May 8, 1989.

ADDRESSES:

Comments should be sent to:

Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555.

Attention:

Docketing and Service Branch.

Comments received will be available for public inspection at the NRC Public Document Room 2120 L Street, NW.,

lower level of the Gelman Building, Washington, DC 20555 from 7:45 am to 4:15 pm except legal holidays.

cAS)0 e,04230300 e,oaio PDR PR 4 54FR9966 PDR i

.l, 2

FOR FURTHER INFORMATION CONTACT:

Mr. Edward E. Tucker, Manager, Civil Rights Program, Office of Small and Disadvantaged Business Utilization / Civil Rights, U.S. Nuclear Regulatory Commission, Washington, DC 20555.

Telephone:

(301) 492-7697 (voice) or (800) 638-8282 (TDD).

Dated at. Bethesda, Maryland, this 10 th day of March 1989.

For the Nuclear Regulatory Commission.

h/%s kDonnie.H. Grim &

sley) Director Division of Freedom of Information and Publications Services Office of Administration

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POCKET NUMBER D i

MT FROP.0 SED Rul.E 0

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Fedeal Rendster / Vol. 54. No. 44 / (s4 R R T]h 8.1989 / Proposed Rules U)

Wednesday. Marc goes DEPARTIENTOF EnvimamantalPsotection Agency.'

infestation. the regulations state that A

IntamationalDevelopment Cooperaden.newconstruction or alteration 7 can pan? SOS g's V Agency. National Aeronautics and; accomplished in accordance with the IWCIJAR

' TORY g iPace Administration. National

American National Standard

..so

,,,9 undation on the Arts and the Spemfications for Malang Buildings and m

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• e M nanities.NationalEndowmentfor Facilities Accessible to, and Usable by.

10 con pent M7,1 ~9 9198918* 1i< i Arts and NationalEndowment for the Physically Handicapped" published J

• t h Humanities. National Science

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by the American National Standards

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DEPARTIIE

, ENERigE11NG &

Npundation. Nuclear Regulatory lastitute.Inc.(ANSI A117.1-1961(R1971)

~y' usiness WH meets de mquients of 13 con PAnf

/A D Administration. Vet.erans section 504.Three agencies (the SetALL ADIslNI Administration.

Department of Agriculture the yi \\ 9 AcTBoN: Notice of proposed rulemaldag Environmental Protection Agency, and

/

isspae m its the SmallBusiness Administration) suasesAny:This proposed regulation -

reference the 1980 edition. ANSI A117.1-

- NATIONAL AERONAUTICS AND would amend the regulations issued by 1980 Thepro d revision set forth in SPACE ADIIINISTRATION the agencies listed above for

. this bocum enforcement of section 504 of the u opn Pant tan place of the current standard.

Rehabilitation Act of1973. as amendaa-On August 7.1984.UFAS was issued DEPARTIIENTOF STATE in fedwally assisted progranna er-by the four a8'neies establishing activities to include a cross-reference to standards under the Architectural as can panysaa the Uniform Federal Ammadhility Standards (UFAS).Because some Barre Act (49 FR 31528(m INTERetATIONAL DEVELOPtfENT facilities subject to new construction or discussion infra)).The De,artment of COOPERATION AGENCY alteration resparements undersection justice (DOJ). as the agency responsible

-under Executive Order 12250 for g,,

Agency for international Development yrs,Act, ahng se enfwcement opon e

e 504.has recommended that agencies as can PAnr sty to UFAS will diminish the possibility amend their section 504 regulations for that recipients of Federal finanadal.

DEPARTIENTOF EDUCATION assistance would face conflicting federally assisted programs or activities enforcement standmeds. In addition

• to establish that, with respect to new s4 con om see -

construction and alterations. compliance reference to UFAS by allFederal witli AS VETERANS ADIllNISTRATION funding agencies will reduce potential -

n

. c.ause conflicts when a building is subject to 6es s as cra pant to the section 504 regulations of more than

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, g, al r tion uirements

"* * "" '8'"'I' under section 504 are also subject to the ENVIRONIIENTA!. PROTECTION AGENCY mats:f'=mnants must be received by Architectural Barriers Act.

May 8.1989.

governmentwide reference to bias will 40 can PAnf 7 annseemee* See individual agencies diminish the possibility that recipients below.

of Federal fmancial assistance would DEPARTIREIIT OF HEALTH AND Copies of this notice are available on face conflicting enforcement standards.

MutAAN SERVICES tape for persons with impaired vision.

In addition. reference to UFAS by all es con PART 84 They may be obtained from the Federal fundmg agencies will reduce Coordination and Review Section. Civil potential confhets when a buildmg is NATIONAL SCIENCE FOUNDATION Rights Division. Department of Justice.

subject to the section 504 regulations of Wa hmston.DC 20530:(202) 724,2222 more than one Federal agency.

<s con pm aos (vo ce) or 724-7678 (TDD).

MdMNb NATIOIIAL POUNDATION ON THE pon pune neronesAtton courner:

Agyg AplD THE Hut 4ANTTIES See individual agancies below.

42 U.S.C. 4151-4157. requires certam,f 1968 The Architectural Barriers Act o SuppLsasspfAny neronteATIole Section National Endowment for the Arts 504 of the Rehabilitation Act of'1973. as Federal and federally funded buildings amended (29 U.S.C. 794), provides in to be designed, constructed, and altered es con pm not part that in accordance with accessibility National Endowment for the No otherwise quali$ed individual with standards. It also designates four Humentess handicaps in the United states * *

• aball.

. agencies (the General Suvices solely by season of his handicap. be excleded Administration the Departments of as con PART 1170 from the part capetion in, be denied the Defense, and Housing and Urban beneSts of. or be subjected to discnemahnn Development and the U.S. Postal ACTION under any program or activity receimg Service) to prescribe the accessibility Federalfmancialassistance " * *.

standards. Section 502 of the The above listed agencies' existing Rehabilitation Act of 1973 established Enforooment of Nondiscrimination on section 504 regulations for federally the Architectural and Transportation the Seets of Hand 6 cap in Federally assisted programs or activities require Barriers Compliance Board (ATBCB). In Aaelsted Programs that new construction be designed and 1978 the Rehabilitation Act was built to be accessible and that amended to require the ATBCB. inter assucess: ACTION. Departments of alterations of facilities be made in an alia, to issue mimmum Fuidelmes and Agriculture. Education. Energy. Health accessible manner. Except as otherwise reqmrements for the standards to be and Human Services, and State.

noted in tne additional supplementary issued by the four standard-settmg

i I

Federal Register / Vol. 54. N3. 44 / Wednesday March 8,1989 / Proposed Rules 9967 agencies. The minimr.m guidelines were new facilities be designed and 68 inches or 80 inches (depending on the i

published on August 4.1982 (47 FR constructed to be readily accessible to location of the door) on the door opening 33862), and are codifled at 36 CFR Part and usable by persons with handicaps side, by 54 inches, if the clear floor area 1190.1 and that alterations be accessible to the and the configuration of the car permits On August 7.1984, the four standard-maximum extent feasible. The wheelchair users to enter the car, make setting agencfes issued UFAS as an amendment would not affect the current a 300* turn, maneuver within reach of i

j effort to minimize the differences among requirement but would merely provide controls, and exit from the car.This their Barriers Act standards, and among that compliance with UFAS with respect departure is pr missible because it i

those standards and accessibility to buildings (as opposed to " facilities." a results in acci s that is safe, convenient.

standards used by the private sector.

broader term that encompasses and indepenunt. and therefore 1

1 The General Services Administration buildings as well as other types of substantially equivalent to that provided (GSA) and Department of Housing and property) shall be deemed compliance by UFAS.

Urban Development (HUD) have with these requirements with respect to incorporated UFAS into their Barriers those buildings. Thus, for example, an With respect to UFAS scoping Act regulations (see 41 CFR Subpart alteration is accessible "to the maximum requirements, it would be permissible in 101-19.6 (GSA) and 24 CFR Part 40 extent feasible"ifit is done in some circumstances to depart from the (HUD)). In order to ensure uniformity, accordance with UFAS. It should be UFAS new construction requirement of UFAS was designed to be consistent noted that UFAS contains special one accessible principal entrance at with the scoping and technical requirements for alterations where each grade floorlevel of a building (see provisions of the ATBCB s minimum guidelines and requirements, as well as meeting the general standards would be UFAS section 4.1.2(8)). if safe, with the technical provisions of ANSI impracticable or infeasible (see, e.g.,

convenient and independent access is provided to each level of the new i

UFAS sections 4.1.6(1)(b) 4.1.6(3).

A117.1-1980. ANSIis a private, national 4.1.6(4), and 4.1.7).

facility by a wheelchair user from an l

organization that publishes recommended standards on a wide The amendment also includes accessible principal entrance. This language providing that departures from departure would not be permissible ifit 3 f,8" required an individual with handicaps to i8 ANSI Y

f901u particular UFAS technical and scoping travel an extremely long distance to

, a op ed reaffirmed in 1971. The current editien.

requirements are permitted so long as mach the spaces served by the issued in1988,is ANSI A117.1-1988.The the alternative methods used will inaccessible entrances or otherwise 1961.1980, and 1986 ANSI standards are provide substantially equival,ent or provided access that was substantially frequently used in private practice and greater access to and utilization of the less convenient than that which would by State and local governments.

building. Allowing these departures,

be provided by UFAS.

This proposed amendment would fr m UFAS will provide recipients with amend the agencies'section 504 ne essary flexibility to design for it would not be permissible for a regulations to refer to UFAS.

special circumstances and will facilitate recipient to depart from UFAS' The agencies have determined that 6e appucation of new technologies eat requirement that. in new construction of -

they will not require the use of UFAS or are not specified in UFAS. As, explained a long. term care facility, at least 50% of all patient bedrooms be accessible (see any other standard, as the sole means u

und s

by which recipients can achieve g

en nd eat UFAS section 4.1.4(9)(b)). by using large comphance with the requirement that compliance with some provisions of accessible wards that make it possible new construction and alterations be applicable State and local accessibility f r 50% of allbeds in the facility to be accessible.To do so would requirements will provide "substantially accessible to individuals with unnecessarily restrict recipients, ability equivalent" access. In come handicaps.The result is that the to design for particular circumstances.

circumstances, recipients may choose to population ofindividuah with Ib handicaps in the facility mil be In addition. it might create conflicts with "88 "*['pe fied State or local accessibility requirements 3, g

,St te or o a code th t concentrated in large wards, while able-that may also apply to recipients are not necessarily applicable to their bodied persons will be concentrated in buildings and that are mtended t buildings but that achieve substantially smaller, mre private rooms.Because achieve ready access and use.it is equivalent access.

convenience for persons with handicaps expected that in some instances The amendment requires that the is therefore compromised to such a great recipients will be able to satisfy the alternative methods provide extent. the degree of accessibility section 504 new construction and substantially' equivalent orgreater provided to persons with handicaps is alteration requirements by following a: cess,in order to clarify eat the not substantially equivalent to that s

d be sely intended to be afforded by UFAS.

applicable State or local codes, and vice te at e t eat ab 'ded by It should be noted that the

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Application of the "substantially amendment does not require that Effect of Amendment equivalent access" language will depend existing buildings leased by recipients Except as otherwise noted in the on the nature. location, and intended use meet the standards for new construction additional supplementary informatio of a particular bu11 ding. Generally, and alterations. Rather it continues the for individual agencies, the agencies.n attemative methods will satisfy the current Federal practice under section current section 504 ruleo require that requirement ifin material respects the 504 of treating newlyleased buildings as access is substantially equivalent to that subject to the program accessibility 8 ne ATBCB ofnce of Technical semces is which would be provided by UFAS in standard for existing facilitie evettable to provide technical assistance to such respects as safety, convenience.

Buildings under design on e b"

recipnents upon request relatma to the elunination of and independence of movement. For effective date of this amendment will be arctutectural barners. lts address is: Lla ATBCB.

example,it would be permissible to governed by the amendment if the date omco of Technical semees. sitt 1sth Street. NW" depart from the technical requirement of that bids were invited falls after the eds UFAS section 4.10.9 that the inside effective date. This interpretation is mnbe v

}.

is not a tou free nmnber.

dimensions of an elevator car be at least consistent with GSA's Architectural A

bg

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e-9968~

Federal Register / Vol. 54 N. 44 / Wednesday..Manch 8,1989 / Proposed Rules i

Barriers Act regulatinaincorporating even if themithnes benefitedimm that For the reasonsstatedin the j

UFAS. at 41 CFR Subpart 101-19.8.

assista mee.The recent passage o' the preamble. Part15b of title 7 of the Code 1

The proposed revision include:

CivilRightsRestoration Act of19&.

of Federal Regulations is proposed to be language modifying the effect of UFAS Pub.L.100-259, does not ovuule or amended as follows:

'section 4.1.6(1)(g), which provides an alter this resalt.S. Rep. No. 64,100th exception to UFAS4.1.6. Accessible Cong.lat Sena.29 (1987).

PART 15b-NONDISCRIMINATION ON buildings: Altemtions. Section 4.1.6(1)(g)

This Anc'=nt has br.en reviewed by THE BASIS OF HANDICAP IN of UF8LS states that " mechanical rooms DOJ.11is an adaptatia.: of a prototype PROGRAMS AND ACTIVITIES j

and other spaces which normally are not prepared by DO) undt: Executive Order RECEIVING FEDERAL FINANCIAL j

frequented by the public or employees 12250 of November 2.1980.The ATBCB ASSISTANCE j

ofIhe building or facility or which by has been enn=1ted h the development 1.%e title for Part 15 bis revised to l

nr cure of their use are not required by of this document in accordance with 28 read as set forth above.

I l

the ArchitecturalBarriers Act to be CFR 41J.

2. The nothority citation for Part 15b is accessible are excepted imm the The proposed co.nmon ruleis nota revised to read as follows-requirements of 4.1.6." Particularly after major rule for the purposes of Executive the development of specific UFAS Order 12291 of February 17,1981. As Authenty:29 U.SsC. 794.

]

l pmvisions for housing alterations and required by the Regulatory Flexibihty

2. in i 15b.3. **De'initions." paragraph additions. UFAS section 4.1.B(1)(g) could Act. It is hereby certified that this

-(q)is revised to read as follows:

)

be read to exempt alterations to proposedrule will not have a significant

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privately owned residential housing, impactan small business entities.

I15h3 Dennitnoms.

j which is not covered by the Architectural Barriers Act unless leased Adop60n of the Common Rule (q) For purposes of i 15b.18(d),

by the Federal Govemment for The adoption of the common rule by "Histmic pmperties" means those subsidized housing pmgrams. This the agencies in this document appears buildings or facilities that are eligible for exception, however,is not appropriate below.

listingin the National Register of under section 504, which protects Historic Places,or such properties beneficiaries of housing provided as part DEPARTMENT OF AGRICULTURE designated as historic under a statute of j

of a federally assisted program.

the appropriate State or local j

Consequently, the proposed amendment 7 CFR Part15b government body.

j pmvides that, for purposes of this i

section, section 4.1.6(1)(g) of UFAS shall ADDRESSCS: Comments should be sent J

be interpreted to exempt from the to:The Associste Director. Equal i15b.19 (Amendedl i

requuements of UFAS onlymechanical Opportunity. Office of Advocacy and

4. In i 15b.19,New construction "

I rooms and other spaces that, because of Enterprise. U.S. Department of paragraph (c)is revised to read as set l

their intended use, will not require Agriculture. Washington. DC 20250.

forth at the end of this document.

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anx:essibihty to the public or Comments received will be avallable WlHlam C.Pa e* k" l

beneficiaries, or resultin the for publicinspection in the Office of g,py,7 3,,,,{,, pj,,,,,,,

j cmployment or residence therein of.

Advocacy and Enterprise. Equal persons with handicaps.

Opportunity, Room 1228, South Bldg.,

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He proposed revision also provides 14th and Independence Ave., SW.,

J that whether or not the recipient opts to Washington, DC 20250 from 8:30 a.m. to NUCLEAR REGULATORY follow UFAS in satisfaction of the ready 5:00 p.m. Monday thmugh Friday except COMMISSION access regmrement, the recipient is not legal holidays.

g required to make building alterations FOR FURTHER INFORMATION CONTACT:

that have httle likelihood of being James A.Westbrooks.Special Assistant.

ApoRessEs: Comments should be sent a-nhead without removing or Equal Opportunity, Office of Advocacy to: Secretary, U.S. Nuclear Regulatory altering a load-bearing structural and Enterprise. U.S. Department of Commission Washington, DC 20555.

member. This provision does not relieve Agriculture. Washington, DC 20250.

Attention: Docketing & Service Branch.

recipients of their obligation under the (202) 447-5681. TFY 382-1130.

Comments received will be available for current regulation to ensure program AnomONAl. SUPPLEMENTARY publicinspection atThe NRC Public accessibility.

INFORMATION:This notice also revises Document Room.1717 H Street. NW.,

)

Severalegencies'section 504 the definition of " historic properties" in Washington. DC 20555 from 7:30 a.m. to l

regulations for federally assisted i 15b.3(q)in order to conform it to UFAS 4:15 p.m. Monday through Friday except l

programs are contained in parts entitled section 4.1.7(1)(a). Historic properties legal holidays.

"Nondiscrumnation on the basis of under the current definition are limited FOR FURTHER INFORMATION CONTACT:

handrap in programs and activities to those listed or eligible forlisting in Mr. Edward E. Tucker, Manager Civil receiving or benefiting from Federal the National Register of Historic Places.

I'dghts Program. Office of Small and financial assistance." his document The special histodc preservation section Disadvantaged Business Utilization /

i deletes the phrase "or benenting from" of UFAS applies additionally to Civil Rights U.S. Nuclear Regulatory from those utles.He phrase is being buildings and facilities designated as Commission. Washington. DC deleted pursuant to Departmentof historic under State and locallaw.

20555. Telephone: (301) 492 7697 (voice)

Tmnsportation v. Parolyzed Vetemns of Amenca, 477 U.S. 597 (1988), which held List of Subjects in 7 CFR Part 15b or (800) 636-8282 (TDD).

that air transportation services provided Blind. Buildings, Civil rights.

List of Subjects in 10 CFR Part 4 1

f by airlines were not part of the covered Employment. Equal employment Administrative practice and l

program or activity because the airlines opportunity. Grant programs, procedure. Blind Buildings. Civil rights, I'

were not the intended recipient of the Handicapped. Historic preservation.

Employment. Equal employment Federal financial assistance to airports, loan programs.

opportunity. Federal aid programs.

!i ll J _ _--

m

Iederal segister / Vd 64. m. 44 / Wehday, March 6.1969 / W@ed. Rules gggg Grant programs.Hanhprediman Forabe reasons stated inthe programs.. Reporting and recordkeeping preamble..Part1940 of title 10of the-PART 113--NONDtSCRIMINADON $N ranyeman% Sex dismmination.

FINANCIAL ASSISTANCE PROGRads8 Code of Federal Regulations is peoposed OF SBA--EFFECTUATION OF

~

For the reasons statedin the to beamended asfollows:

preamble. Part 4 of title 10 of the Code POLICIES OFFEDERALGOVERNMENT

• of Federal Regulationsis proposed to be PART 1040--NONDISCRIRINAVONIN AND SBA ADMINISTRATOR amended as foWows:

FEDERALLWASSISTED PROGRAMS

1. The authority citation for Part 113 is PART4 NONDISCRIMINATIONIN

1. The authority citation for Part 1040 revised to read as follows:

FEDERALLY ASSISTED COMMISSION is revised to read as follows:

PROGRAMS Authonty: Secs. 5.308. 72 Stat.385. 094.ss Authority:20 UAC lab 1 '!9es:29 U S.C amended: 15 0.SC 833. 634,687.1891:20 j

1. The authority citation for Part 4 is m.794a 794b 42 USC 2000d to 2000d-4 USC 1aal-188e:39Usc 794.

revised to read asinllows:

3W1-3. 2 1, 81

07. 68M1 et seg.

i l113.3-3 [ Amended)

AUTilOKITY:Sec.181.ta Stat s48 as i1040.73 (Amended]

amended (42 USC. 2201); sec.274. 73 Stat.

1. In 113.3-3, " Structural 688. as amended (42 UAC 2021): sec. 201,88 2.h D040J1 "New constructed."

accommodates forhandicapped paragraph (c)is revised to read es ses clients." paragraph (a)is amanM by j

ds' 92 S\\at forth at theendof this document.

adding the heading *Eristing facilities?

Subpart A also issued under seca. 802-605.

July 1.1988.

at se kginnsg of b paragraA Pub. L 88-352. 78 Stat.252. 253 (42 USC 2000d-1-2000d-4): sec. 401. 88 Stat.1254 ('42 Marion A.BA

2. Section 113.3-3 is further amended USC. 5891). Subpart B alsoissued onder sec.

Ncmt. @lc8 ofEMDPormn4 by adding the heading "Deafgn, j

J 504. Pub. L 93-112. 87 Stat. 394 (29 UAC construction, and olterotian. " a t the 706): sec.119. Pub. L e.002. 92 Stat. 2984 (29SMALL BUSINESS ADIllNISTRATION begimung of paragraph (b) and by USC. 794); sec.122. Pub. L 95-602,92 Stat.

adding a new sentence after the heading 2984 (29 U AC 700(6)). Subpart C also tasued 13 CFR Part 113 to read as follows: "New facilities shall under Title HI of Pub. L 94-135. 89 Stat. 728, be designed and constructed to be as amended (42 USC 6101).Subpart E also ADDRESSES: Comments should be sem readily accessible to and usable by issued under 29 USC. 794.

to: J. Arnold Feldman, Chief. Office of persons with handicaps."

I *** I A"""d#

Civil Rights Compliance.1441 L Street S. Section 113.3-3 is further amended

2. In i 4.128. "New construction "

NW Suite S01 Washington.DC2041B oy revising paragraph (c) to read as set paragraph (a) is amended by adding the Comments received w111 be available forth at the end of this document.

for public inspection at 2441 L Street lames Abdnor.

CI

.m. to 5.m day u6 n 4.t28 is further amended by Friday except legal holidays.

revising paragraph (b) to read as set FOR ruaTHER INFORMATION CostrACT:

forth at the end of this document.

J. Arnold Feldman. Chict Office of Cluf ggggggg ma 34,,

Rights Comphance.SmallBusiness SPACE ADMINISTRATION Execotive DirectorforOperations.

Administration.1441 L Street NW Suh 501. Washington DC 20416, (202) 653-14 CFR Part 1251 These are n)ot toll-free numbers 6054 (Voice. (202) 653-6 DEPARTMENT OF ENERGY apoREss:Ms. Lynda Sampson.

10 CFR Part 1040 AoomoNAL SUPPLEMENTARY INFORMATION:The Small Busmast. -

Handicapped and Aged Employment Program Manager National Aeronautics addresses: Comments should be sent Administration currently requires and Space Adminstration. Room 8111.

to: Marion A. Bowden.1000 compliance with a particular standard Inde ndence venu. SW., Rm.48-112' (the 1980 edition of the ANSI).Under Code UL 400 Maryland Avenue SW.,

8 this amendment. compliance with a Washington, DC 20546.

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Comments received ' ill be availableparticular standardis no longer Comments received will be avadable w

for publicinspec4cn at 1000 mandated. Rather, recipients are iorpublic inspection at the above l

Independence Avenue.SW Rm.4B-112 encouraged to follow UFAS.forne" address from 10:00 a.m. to.S:00 p.m.

Washington, DC 20585 from a a.m.to 5 construction and alterations subrect so Maday thugb Mday.exc5 W I

p.m. Mondcy through Fdday except tha regulation bohdays.

legal holidays.

List of Subjectsin 13 CFR Part 118 7oR FURTHEA WPOftssATsom CONTACf:

FOR leURTME9t INFORMATION CONTACT:

Ms. Lynda Sampson.CDZH53-ZIr7 Blind. Buildings. Civil rights.

(voice) or(202) 426-1438(IDDJ V

a il o DC 85 1.ist an Part 21 i

h

x. Ma al a us A (20L

s..218 (void or 252-9777 (TD 4 liandicap or national origin.

Employment. Equal employment Blind. Dulldings.CivD nghts.

Ilst of Subjectsin la CFR Part 1940 opportunity. Grant programs.

Employment. Equal employment -

opportunity, Grant programs.

m Aged. Bhnd. Buildings, Civil rights, NN Ha d a M h p p d

Empioyment. Equal employment For the reasons ststed in the opportunity. Grant programs.

preamble. Part113 of title 13 of the Code For the reasons stated in the liandicapped. Loa programs Sex of Federal Regulations is proposed to be preamble. Part 1251 of title 14 of the disenmination.

amended as follows:

Code of Federal Regulations is proposed i

to be amended as foflows:

i i

l Im.

t

9970 Federal Register / Vol. S4, Nm 44 / Wzdnesday, M rch 8,1989 / Proposed Rules PART 1251--NONDISCRIMINATION ON PART 142--NONDISCRIMINATION ON For the reasons stated in the BASIS OF HANDICAP THE BASIS OF HANDICAP IN preamble, Part 217 of title 22 of the Code PROGRAMS AND ACTIVITIES of Federal Regulations is proposed to be 1.The authority citation for Part 1251 RECEIVING FEDERAL FINANCIAL amended as follows:

is revised to read as follows:

ASSISTANCE PART 21y--NONDISCRIMINATION ON W* to WC. 794-1.The title for Part142 is revised to THE BASIS OF HANDICAP IN I 1261.302 IAmended) read as set forth above.

PROGRAMS AND ACTIVITIES

2. The authority citation for Part 142 is RECEIVING FEDERAL FINANCIAL 2, In i 1251.302, "New construction,,,

revised to read as follows:

ASSISTANCE paragraph (c) is revised to read as set forth at the end of this document.

Authority:20 U.S.C. ros.

1.The title for Part 217 is revised to James C. Fletcher,

3. In i142.17, paragraphs (a) and (b) read as set forth above.

are revised to read as follows:

2. The authority citation for Part 217 is 3gg,,

revised to read as follows:

9 142.17 New construct 6erL (a) Design andconstruction. Each Authority: so U.S.C. 794.

DEPARTMENT OF STATE facility or part of a facility constructed g 217.23 iAmended) by, on behalf of wr the use of a 22 CFR Part 142 recipient shall be designed, constructed,

3. In i 217.23,"New construction,"

and operated in a manner so that the paragraph (c) is revised to read as set forth at the end of this document.

a-a Comments should be sent facility or part of the facility is to: William O.Wallace. Attomey.

accessible to and usable by persons Dennis D=--I Adviser OfHee of Equal Employment with handicaps,if the construction was Actins Director.

Opportunity and Civil Rights, commenced after the effective date of Department of State, Room 4216.

this part.

Washington, DC 20520.

(b) Alteration. Each facility or part of DEPARTMENT OF EDUCATION Comments received will be available a facility which is altered by, on behalf of, or i r the use of a recipient after the for public inspection at Room 4216, effective date of this part in a manner AnoRasssa: Comments should be sent Department of State, Washington, DC that affects or could affect the usability to: LeGree S.Daniels Assistant 20520 h 8.15 mm. to W m Mo y through Friday, except legal

[,

,y,YMexTenti asi C

Rig ts.

S cre k

h be Y

altered so that the altered portion of the SW., Washington, DC 20202-1100.

^*

POR rusmesR meroR8sATION CONTACT:

facility is readily accessible to and Comments received will be available William O.Wallace Attorney-Adviser, usable by persons with handicaps.

for public inspection at OfHee for Civil Office of Equal Employment Rights Law Library, Room 5022, Mary E.

Opportunity and Civil Rights,

3. Section 142.17 is further amended Switzer Building. 330 C Street SW.,

Department of State, Room 4216, by revising paragraph (c) to read as set Washington. DC 20202-1100 from 9 a.m.

Washington,DC20520 (202)647-9258 forth at the end of this document.

to 5 p.m. Monday through Friday except (voice or TDD).

Kenneth Hunter, legal holidays.

ADOf7900tAL suPPLEsssNTARy Associate Directorfor Personnel, Department POR PURTHER 100PORs4ATl0N CONTACT:

BNPORs4AT10ec The Department of State's ofstate Fredt rick T. Cioffl Acting Director, existing section 504 requirement for INTERNATIONAL DEVELOPMENT Policy and Enforcement Service, Room I

alterations, contained at 22 CFR COOPERATION AGENCY 5046A. Mary E.Switzer Building 330 C 142.17(b), mandates compliance with the Street SW., Washington, DC 20202-1100, standards set forth in 41 CFR subpart Agency for Britornational CCT r,t 732-1635 (Voice) or 566-2673 (TDD).

101-19.6 (i.e., UFAS). Under this List of Subjects in 34 CFR Part104 amendment, compliance with UFAS is 22 CFR Part 21y no longer mandated, but is merely goo,.

Comments should be sent Edu on, Education f cili es encouraged.'nis notice also amends to: Dennis G. Diamond. Acting Director, Employment. Equal educational' O

paragraph (a), whf ch incorrectly implies Office of Equal Opportunity Programs, opportunity, Equal employment

[

that all federally funded construction Agency for International Development, opportunity, Grant programs 1.

since 1968 is subject to the Architectural Washington, DC 20523.

Handicapped. Loan programs. School Barriers Act.in fact, only certain Comments received will be available U

construction.

~

federally fanded constmetion triggers for public inspection at Room 1224 SA-1, For the reasons stated in the ArchitecturalBarriers Act coverage.

2401 "E" Street NW., Washington, DC from 8:45 a.m. to 5:30 p.m. Monday preamble, Part 104 of title 34 of the Code IJet of Subjects in 22 CFR Part 142 through Friday except legal holidays.

of Federal Regulations is proposed to be Blind. Buildings, Civilrights, PoM PuRTwan meronsaAvioN CONTACT:

Employment. Equal employment Leticia Peoples,603-1340 (Voice) or 663-PART 104--NONDISCRIMINATION ON 1

opportunity Grantprograms, 1337 (TDD).

THE BASIS OF HANDICAP IN

~Q l Handicapped Iman pmgrams.

List of Sub}ects in 22 CFR Part 217 PROGRAMS AND ACTIVITIES l

For the reasons stated in the Blind, Buildings, Civil rights, i

NCE preamble, Part 142 of title 22 of the Code Employment Equalemployment y

of Federal regulations is proposed to be opportunity, Grant programs, 1.The title for Part 104 is revised to amended as follows:

Handicapped. Loan programs.

read as set forth above.

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