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Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

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 [Federal Register: January 4, 2001 (Volume 66, Number 3)]
[Rules and Regulations]
[Page 708-709]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ja01-3]

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NUCLEAR REGULATORY COMMISSION

10 CFR Part 5

RIN 3150-AG68


Nondiscrimination on the Basis of Sex in Education Programs or
Activities Receiving Federal Financial Assistance

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to include a list of the types of Federal financial
assistance activities administered by the NRC under Title IX of the
Education Amendments of 1972, as amended (Title IX). Title IX prohibits
recipients of Federal financial assistance from discriminating on the
basis of sex in education programs or activities. Subpart F of the
Title IX common rule requires each Federal agency that awards Federal
financial assistance to publish in the Federal Register a list of
Federal financial assistance administered by that Agency.

EFFECTIVE DATE: February 5, 2001.

FOR FURTHER INFORMATION CONTACT: Irene P. Little, Director, Office of
Small Business and Civil Rights, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, (301) 415-7380.

SUPPLEMENTARY INFORMATION: Title IX prohibits recipients of Federal
financial assistance from discriminating on the basis of sex in
education programs or activities. Subpart F of the Title IX common rule
requires each Federal agency that awards Federal financial assistance
to publish in the Federal Register a notice of the different types of
Federal financial assistance covered by the Title IX regulations within
sixty (60) days after the effective date of the final common rule. The
final common rule for the enforcement of Title IX was published in the
Federal Register by twenty-one (21) Federal agencies, including NRC, on
August 30, 2000 (65 FR 52858-52895). NRC's portion of the final common
rule will be codified at 10 CFR Part 5. Specifically, the statute
states that ``[n]o person in the United States shall, on the basis of
sex, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any education program or activity
receiving Federal financial assistance,'' with specific exceptions for
various entities, programs, and activities. 20 U.S.C. 1681(a). Title IX
and the Title IX common rule prohibit discrimination on the basis of
sex in the operation of, and the provision or denial of benefits by,
education programs or activities conducted not only by educational
institutions but by other entities as well, including, for example,
nonprofit organizations.
    Because this amendment deals solely with agency practice and
procedure, the notice and comment provisions of the Administrative
Procedure Act do not apply under 5 U.S.C. 553(b)(A).

Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action
described in categorical exclusion 10 CFR 51.22(c)(1). Therefore,
neither an environmental impact statement nor an environmental
assessment has been prepared for this final rule.

Backfit Analysis

    The NRC has determined that the backfit rule does not apply to this
final rule; and therefore, a backfit analysis is not required for this
final rule because these amendments do not involve any provision that
would impose backfits as defined in 10 CFR Chapter I.

Paperwork Reduction Act Statement

    This final rule contains no information collection requirements
and, therefore, is not subject to the requirements of the Paperwork
Reduction Act of 1995 (55 U.S.C. 3501 et seq.).

Small Business Regulatory Enforcement Fairness Act

    In accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996, the NRC has determined that this action is not a
major rule and has verified this determination with the Office of
Information and Regulatory Affairs of OMB.

List of Subjects in 10 CFR Part 5

    Administrative practice and procedure, Buildings and facilities,
Civil rights, Colleges and universities, Education of individuals with
disabilities, Education, Educational facilities, Educational research,
Educational study programs, Equal educational opportunity, Equal
employment opportunity, Graduate fellowship program, Grant programs-
education, Individuals with disabilities, Investigations, Reporting and
recordkeeping requirements, Sex discrimination, State agreement
program, Student aid, Women.

    For the reasons set out in the preamble and under the authority of
the

[[Page 709]]

Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of
1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the
following amendment to 10 CFR part 5.

PART 5--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS
OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

    1. The authority citation for part 5 continues to read as follows:

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.

    2. Appendix A is added to part 5 to read as follows:

Appendix A to Part 5--List of Federal Financial Assistance Administered
by the Nuclear Regulatory Commission to Which Title IX Applies

    Note: All recipients of Federal financial assistance from NRC
are subject to Title IX, but Title IX's anti-discrimination
prohibitions are limited to the educational components of the
recipient's program or activity, if any. Failure to list a type of
Federal assistance below shall not mean, if Title IX is otherwise
applicable, that a program or activity is not covered by Title IX.

    (a) Conferences on regulatory programs and related matters.
Agreements for financial assistance to State and local officials,
without full-cost recovery, to confer on regulatory programs and
related matters at NRC facilities and offices, or other locations.
    (b) Orientations and instruction. Agreements for financial
assistance to State and local officials, without full-cost recovery,
to receive orientation and on-the-job instruction at NRC facilities
and offices, or other locations.
    (c) Technical training courses. Agreements for financial
assistance to State and local officials, without full-cost recovery
to attend training on nuclear material licensing, inspection and
emergency response regulatory responsibilities to ensure
compatibility between NRC and Agreement State regulation.
    (d) Participation in meetings and conferences. Agreements for
participation, without full-cost recovery, in meetings, conferences,
workshops, and symposia to assist scientific, professional or
educational institutions or groups.
    (e) Research support. Agreements for the financial support of
basic and applied scientific research and for the exchanges of
scientific information.

    Dated at Rockville, Maryland, this 19th day of December 2000.
For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 01-227 Filed 1-3-01; 8:45 am]
BILLING CODE 7590-01-P

 
 

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