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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PROPOSED RULE e "

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

g. B AGENCY: Nuclear Regulatory Commission. ,

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ACTION: Proposed rule; correction.

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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.

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

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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.

sley) DirectorGrim &

Division of Freedom of Information and Publications Services Office of Administration

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MT ~~ POCKET NUMBER D i -

FROP.0 SED Rul.E 0 goes Fedeal Rendster / Vol. 54. Wednesday. No. 44 / (s4 U)

MarcR R T]h 8.1989 / Proposed Rules 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 m u , . .so ,,,9 undation on the Arts and the . Spemfications for Malang Buildings and

• 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 DEPARTIIE , ENERigE11NG & Npundation. Nuclear Regulatory lastitute.Inc.(ANSI A117.1-1961(R1971) 13 con PAnf

, ~y' usiness WH meets de mquients of

/A D Administration. Vet.erans Administration.

section 504.Three agencies (the Department of Agriculture the SetALL ADIslNI

/ 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 u opn Pant tan enforcement of section 504 of the 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 as can panysaa the Uniform Federal Ammadhility standards under the Architectural 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 justice (DOJ). as the agency responsible alteration resparements undersection g,, -under Executive Order 12250 for 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 federally assisted programs or activities assistance would face conflicting .

to establish that, with respect to new s4 con om see - enforcement standmeds. In addition

• construction and alterations. compliance reference to UFAS by allFederal funding agencies will reduce potential - witli AS VETERANS ADIllNISTRATION ,,, n . c.ause conflicts when a building is subject to as cra pant to the section 504 regulations of more than [,e 6es s

, g, al r tion uirements

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

AGENCY 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.

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. )

anx:essibihty to the public or Comments received will be avallable WlHlam C.Pa l beneficiaries, or resultin the for publicinspection in the Office of e* k" g,py,7 3,,,,{,, pj,,,,,,, j l cmployment or residence therein of. Advocacy and Enterprise. Equal l

' Opportunity, Room 1228, South Bldg.,

persons with handicaps. l

} 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.

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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 l 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) l Tmnsportation v. Parolyzed Vetemns of or (800) 636-8282 (TDD). 1 Amenca, 477 U.S. 597 (1988), which held List of Subjects in 7 CFR Part 15b  ;

that air transportation services provided Blind. Buildings, Civil rights. List of Subjects in 10 CFR Part 4 1 l

by airlines were not part of the covered f Employment. Equal employment Administrative practice and l program or activity because the airlines opportunity. Grant programs, procedure. Blind Buildings. Civil rights, were not the intended recipient of the Handicapped. Historic preservation. Employment. Equal employment I' Federal financial assistance to airports, loan programs. opportunity. Federal aid programs. !i J _ _-- m ll

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 For the reasons statedin the Code of Federal Regulations is peoposed OF SBA--EFFECTUATION OF ~

preamble. Part 4 of title 10 of the Code to beamended asfollows: l POLICIES OFFEDERALGOVERNMENT

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

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

j revised to read asinllows: 3W1-3 . 2 1, 81 07. 68M1 et seg. i AUTilOKITY:Sec.181.ta Stat s48 as l113.3-3 [ Amended) amended (42 USC. 2201); sec.274. 73 Stat. i1040.73 (Amended] 1. In 113.3-3, " Structural 688. as amended (42 UAC 2021): sec. 201,88 2.h D040J1 "New constructed." accommodates forhandicapped ds' '

92 S\at

• paragraph (c)is revised to read es ses forth at theendof this document.

clients." paragraph (a)is amanM by adding the heading *Eristing facilities?

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Subpart A also issued under seca. 802-605. July 1.1988.  !

Pub. L 88-352. 78 Stat.252. 253 (42 USC at se kginnsg of b paragraA 2000d-1-2000d-4): sec. 401. 88 Stat.1254 Marion ('42 A.BA 2. Section 113.3-3 is further amended j USC. 5891). Subpart B alsoissued onder sec.

Ncmt. @lc8 ofEMDPormn4 by adding the heading "Deafgn, 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 (29 SMALL BUSINESS ADIllNISTRATION begimung of paragraph (b) and by USC. 794); sec.122. Pub. L 95-602,92 Stat.

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

1. lames Abdnor.

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.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 DEPARTMENT OF ENERGY These are n)ot toll-free numbers 6054 (Voice . (202) 653-6 apoREss:Ms. Lynda Sampson.

10 CFR Part 1040 AoomoNAL SUPPLEMENTARY Handicapped and Aged Employment INFORMATION:The Small Busmast. - Program Manager National Aeronautics addresses: Comments should be sent Administration currently requires compliance with a particular standard and Space Adminstration. Room 8111.

to: Marion A. Bowden.1000 Code UL 400 Maryland Avenue SW.,

Inde ndence venu . SW., Rm.48-112' (the 1980 edition of the ANSI).Under Washington, DC 20546.

8 this amendment. compliance with a

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

tha regulation bohdays.

p.m. Mondcy through Fdday except 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 (20L s. .218 (void or 252-9777 h .

x. Ma al a us A Part 21 i (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.

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

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

preamble. Part113 of title 13 of the Code For the reasons stated in the liandicapped. Loa programs Sex preamble. Part 1251 of title 14 of the of Federal Regulations is proposed to be 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 Authority:20 U.S.C. ros.

forth at the end of this document. 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.

3gg,, are revised to read as follows: 2. The authority citation for Part 217 is 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 recipient shall be designed, constructed, 3. In i 217.23,"New construction,"

22 CFR Part 142 paragraph (c) is revised to read as set and operated in a manner so that the a-a Comments should be sent facility or part of the facility is forth at the end of this document.

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.

(b) Alteration. Each facility or part of DEPARTMENT OF EDUCATION Washington, DC 20520.

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 y through Friday, except legal [, ,y ,YMexTenti asi S cre hC Rig ts.

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

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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 Policy and Enforcement Service, Room I INTERNATIONAL DEVELOPMENT alterations, contained at 22 CFR 5046A. Mary E.Switzer Building 330 C COOPERATION AGENCY 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, O Employment. Equal educational' paragraph (a), whf ch incorrectly implies that all federally funded construction Office of Equal Opportunity Programs, Agency for International Development, opportunity, Equal employment [1. I opportunity, Grant programs since 1968 is subject to the Architectural Washington, DC 20523. Handicapped. Loan programs. School I Barriers Act.in fact, only certain Comments received will be available construction. U ~

federally fanded constmetion triggers for public inspection at Room 1224 SA-1, l ArchitecturalBarriers Act coverage. 2401 "E" Street NW., Washington, DC For the reasons stated in the ..

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 of Federal Regulations is proposed to be through Friday except legal holidays.

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. PROGRAMS AND ACTIVITIES List of Sub}ects in 22 CFR Part 217 l For the reasons stated in the Blind, Buildings, Civil rights, i NCE -

y

! preamble, Part 142 of title 22 of the Code Employment Equalemployment #

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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