76460 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

DEPARTMENT OF AGRICULTURE

7 CFR Parts 15, 15b

RIN 0566–AB78

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 4

RIN 3130–AG65

DEPARTMENT OF ENERGY

10 CFR Part 1040

RIN 1901–AA86

SMALL BUSINESS ADMINISTRATION

13 CFR Parts 112, 117

RIN 3245–AE58

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

14 CFR Parts 1250, 1251, 1252

RIN 2700–AC41

DEPARTMENT OF COMMERCE

15 CFR Parts 8, 8b, 20

RIN 0690–AA30

TENNESSEE VALLEY AUTHORITY

18 CFR Parts 1302, 1307, 1309

RIN 3316–AA20

DEPARTMENT OF STATE

22 CFR Parts 141, 142, 143

RIN 1400–AB17

AGENCY FOR INTERNATIONAL

DEVELOPMENT

22 CFR Parts 209, 217, 218

RIN 0412–AA45

DEPARTMENT OF JUSTICE

28 CFR Part 42

RIN 1190–AA49

DEPARTMENT OF LABOR

29 CFR Parts 31, 32

RIN 1291–AA31

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 18

RIN 2900–AK13

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 7

RIN 2020–AA43

GENERAL SERVICES

ADMINISTRATION

41 CFR Parts 101–6, 101–8

RIN 3090–AH33

DEPARTMENT OF THE INTERIOR

43 CFR Part 17

RIN 1090–AA77

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 7

RIN 3067–AD14

NATIONAL SCIENCE FOUNDATION

45 CFR Parts 605, 611, 617

RIN 3145–AA38

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

National Endowment for the Arts

45 CFR Parts 1110, 1151, 1156

RIN 3135–AA17

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

National Endowment for the

Humanities

45 CFR Parts 1110, 1170

RIN 3136–AA24

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

Institute of Museum and Library

Services

45 CFR Part 1110

RIN 3137–AA11

CORPORATION FOR NATIONAL AND

COMMUNITY SERVICE

45 CFR Parts 1203, 1232

RIN 3045–AA29

DEPARTMENT OF TRANSPORTATION

49 CFR Parts 21, 27

RIN 2105–AC96

Nondiscrimination on the Basis of

Race, Color, or National Origin in

Programs or Activities Receiving

Federal Financial Assistance;

Nondiscrimination on the Basis of

Handicap in Programs or Activities

Receiving Federal Financial

Assistance; Nondiscrimination on the

Basis of Age in Programs or Activities

Receiving Federal Financial

Assistance

AGENCIES: Department of Agriculture;

Nuclear Regulatory Commission;

Department of Energy; Small Business

Administration; National Aeronautics

and Space Administration; Department

of Commerce; Tennessee Valley

Authority; Department of State; Agency

for International Development;

Department of Justice; Department of

Labor; Department of Veterans Affairs;

Environmental Protection Agency;

General Services Administration;

Department of the Interior; Federal

Emergency Management Agency;

National Science Foundation; National

Endowment for the Arts, National

Endowment for the Humanities,

Institute of Museum and Library

Services, National Foundation on the

Arts and the Humanities; Corporation

for National and Community Service;

Department of Transportation

(collectively, ‘‘the Agencies’’).

ACTION: Joint notice of proposed

rulemaking.

SUMMARY: The Agencies propose to

amend their regulations implementing

Title VI of the Civil Rights Act of 1964

(‘‘Title VI’’), Section 504 of the

Rehabilitation Act of 1972 (‘‘Section

504’’), and the Age Discrimination Act

of 1975 (‘‘Age Discrimination Act’’).

Together, these statutes prohibit

discrimination on the basis of race,

color, national origin, disability, and age

in programs or activities that receive

Federal financial assistance. In 1988, the

Civil Rights Restoration Act (‘‘CRRA’’)

added definitions of ‘‘program or

activity’’ and ‘‘program’’ to Title VI and

added a definition of ‘‘program or

activity’’ to Section 504 and the Age

Discrimination Act. The added

definitions were designed to clarify the

broad scope of coverage of recipients’

programs or activities under these

statutes. This proposed regulation

incorporates the CRRA’s definition of

‘‘program or activity’’ and ‘‘program’’

into Title VI, Section 504, and Age

Discrimination Act regulations of the

Agencies, and promotes consistent and

adequate enforcement of these statutes

by the Agencies.

DATES: We must receive your comments

on or before January 5, 2001.

ADDRESSES: Address all comments about

these proposed regulations to Merrily A.

Friedlander, Chief, Coordination and

Review Section, Civil Rights Division,

U.S. Department of Justice, P.O. Box

66560, Washington, D.C. 20035–6560,

facsimile (202) 307–0595.

FOR FURTHER INFORMATION CONTACT:

Merrily A. Friedlander, Chief,

Coordination and Review Section, Civil

Rights Division, U.S. Department of

Justice, (202) 307–2222 voice, (202)

307–2678 TTY, (202) 307–0595 fax.

Individuals with disabilities may

obtain this document in an alternative

format (e.g., Braille, large print,

audiotape, or computer diskette) on

request to the contact person listed in

the preceding paragraph.

SUPPLEMENTARY INFORMATION: 

Invitation To Comment

We invite you to submit comments

regarding these proposed regulations.

To ensure that your comments have

maximum effect in developing the final

regulations, we urge you to identify

clearly the specific section or sections of

the proposed regulations that each of

your comments addresses and to arrange

your comments in the same order as the

proposed regulations.

We invite you to assist us in

complying with the specific

requirements of Executive Order 12866

(‘‘Regulatory Planning and Review’’)

and its overall requirement of reducing

regulatory burdens that might result

from these proposed regulations. Please

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76461

let us know of any further opportunities

we should take to reduce potential costs

or increase potential benefits while

preserving the effective and efficient

administration of these Federal civil

rights requirements.

During and after the comment period,

you may inspect all public comments

about these proposed regulations at the

Coordination and Review Section, 1425

New York Avenue NW., Washington,

DC, between the hours of 8:30 a.m. and

4:00 p.m., Eastern time, Monday

through Friday of each week except

Federal holidays.

Assistance to Individuals With

Disabilities in Reviewing the

Rulemaking Record

On request, we will supply an

appropriate aid, such as a reader or

print magnifier, to an individual with a

disability who needs assistance to

review the comments or other

documents in the public rulemaking

record for these proposed regulations. If

you want to schedule an appointment

for this type of aid, you may call (202)

307–2222 voice or (202) 307–2678 TTY.

Overview

The Agencies propose to amend their

civil rights regulations to conform to

provisions of the Civil Rights

Restoration Act of 1987 (‘‘CRRA’’), Pub.

L. 100–259, regarding the scope of

coverage under civil rights statutes they

administer. These statutes include Title

VI of the Civil Rights Act of 1964, as

amended, 42 U.S.C. 2000d, et seq.

(‘‘Title VI’’); Section 504 of the

Rehabilitation Act of 1973, as amended,

29 U.S.C. 794 (‘‘Section 504’’); and the

Age Discrimination Act of 1975, as

amended, 42 U.S.C. 6101, et seq. (‘‘Age

Discrimination Act’’). Title VI prohibits

discrimination on the basis of race,

color, and national origin in all

programs or activities that receive

Federal financial assistance; Section 504

prohibits discrimination on the basis of

disability in all programs or activities

that receive Federal financial assistance;

and the Age Discrimination Act

prohibits discrimination on the basis of

age in all programs or activities that

receive Federal financial assistance.

(Note that the CRRA does not affect

coverage under federal employment

nondiscrimination statutes, such as

Title VII of the Civil Rights Act of 1964,

Title I of the Americans with

Disabilities Act, and the Age

Discrimination in Employment Act.)

Background Information

The principal proposed conforming

change is to amend each of these

regulations to add a definition of

‘‘program or activity’’ or ‘‘program’’ that

reflects the statutory definition of

‘‘program or activity’’ or ‘‘program’’

enacted as part of the CRRA. We believe

that adding this statutory definition to

the regulatory language is the best way

to avoid confusion on the part of

beneficiaries, recipients, government

entities, and other interested parties

about the scope of civil rights coverage.

This proposal also conforms to a final

rule under Title IX of the Education

Amendments of 1972, as amended, to

establish common regulations for 21

Federal agencies published on August

30, 2000. 65 Fed. Reg. 52857. That

common rule incorporated the statutory

definitions of ‘‘program or activity’’ and

‘‘program’’ enacted as part of the CRRA.

When originally issued and

implemented, the Agencies’ civil rights

regulations were interpreted by the

Agencies to mean that acceptance of

Federal assistance by a recipient

resulted in broad coverage of an entity.

The Supreme Court, however,

interpreted ‘‘program or activity’’ in

restrictive terms. Grove City College v.

Bell, 465 U.S. 555, 570–74 (1984). The

Court concluded in Grove City College

that Federal student financial assistance

provided to a college established

jurisdiction under Title IX only over the

college’s financial aid program, not the

entire college. Since Title IX was

patterned after Title VI, this

interpretation significantly narrowed

the prohibitions of Title VI and two

other statutes based on it: the Age

Discrimination Act and Section 504. See

S. Rep. No. 100–64, at 2–3, 11–16,

reprinted in 1988 U.S.C.C.A.N. at 3–5,

13–18. Following the Supreme Court’s

decision in Grove City, the Agencies

changed their interpretation, but not the

language, of the governing regulations to

be consistent with the Court’s

restrictive, program-specific definition

of ‘‘program or activity.’’

In 1988, Congress enacted the CRRA

to restore the prior consistent and longstanding executive branch interpretation

and ‘‘broad, institution-wide

application’’ of those laws as previously

administered. S. Rep. No. 100–64, at 4,

reprinted in 1988 U.S.C.C.A.N. at 6.

Congress enacted the CRRA in order to

remedy what it perceived to be a serious

narrowing by the Supreme Court of a

longstanding administrative

interpretation of the coverage of these

laws. At that time, the Agencies

reinstated their broad interpretation to

be consistent with the CRRA, again

without changing the language of the

regulations. To the extent there was any

inconsistency between the language of

the regulations and the language of the

CRRA, it was and remains the Agencies’

interpretation that the CRRA superseded

the regulations and, therefore, the

regulations must be read in conformity

with the CRRA. This interpretation was

consistent with the understanding of

Congress as expressed in the legislative

history of the CRRA that the statutory

definition of ‘‘program or activity’’

would take effect immediately without

the need for Federal agencies to amend

their existing regulations. S. Rep. No.

100–64, at 32, reprinted in 1988

U.S.C.C.A.N. at 34.

The proposed regulatory changes set

out in this notice are designed to

address an issue recently raised by the

Third Circuit Court of Appeals in

Cureton v. NCAA, 198 F.3d 107 (3d Cir.

1999). The Third Circuit determined

that, because the Departments of Health

and Human Services and Education did

not amend their Title VI regulations

after the enactment of the CRRA,

application of the Departments’ Title VI

regulations to disparate impact

discrimination claims is ‘‘program

specific’’ (i.e., limited to the particular

program receiving Federal financial

assistance), rather than institution-wide

(i.e., applicable to all of the operations

of the institution regardless of the use of

the Federal funds). See id. at 114–16. As

noted above, however, the Agencies

have, since the passage of the CRRA,

consistently interpreted the coverage of

their Title VI regulations to reach those

programs that fall within the broad

statutory definition of ‘‘program or

activity.’’ The Cureton decision would

thwart clearly expressed congressional

intent by giving continued effect to a

judicial interpretation that Congress

intended to override. In any event, the

proposed regulatory changes would

address the concerns raised by the Third

Circuit in that the regulations would

track the CRRA’s statutory language and

apply to both disparate impact and

disparate treatment forms of

discrimination. (‘‘Disparate treatment,’’

i.e., intentional discrimination, refers to

policies or practices that treat

individuals differently based on their

race, color, national origin, disability, or

age, as applicable. Discrimination that

involves such disparate treatment is

barred by the civil rights statutes and

regulations. ‘‘Disparate impact’’ refers to

criteria or methods of administration

that have a significant adverse effect on

individuals based on race, color,

national origin, disability, or age, as

applicable. Such criteria or practices

constitute impermissible discrimination

if there is no substantial legitimate

justification for those criteria or

practices. However, even where such a

justification exists, if there is an equally

76462 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

effective but less discriminatory

alternative, that alternative must be

adopted.)

Pursuant to Executive Order 12250

(‘‘Leadership and Coordination of

Nondiscrimination Laws’’), the

Department of Justice (‘‘DOJ’’) requested

that the Agencies jointly issue

amendments to their regulations

implementing Title VI, Section 504, and

the Age Discrimination Act to

incorporate the CRRA definitions of

‘‘program’’ and ‘‘program or activity.’’

The two federal agencies implicated in

the Cureton decision—the Department

of Education (‘‘ED’’) and the Department

of Health and Human Services

(‘‘HHS’’)—are promulgating separate

rules to incorporate the CRRA’s

expanded definition of ‘‘program or

activity’’ and ‘‘program’’ in their

regulations. DOJ is participating in and

coordinating the promulgation of

amendments to 22 other agencies’ Title

VI, Section 504, and Age Discrimination

Act regulations. Again, while DOJ views

these modifications to be merely

technical in nature, public comments

are invited on these modifications.

These proposed changes are

summarized in the sections below.

Definition of ‘‘Program or Activity’’ and

‘‘Program’’

The statutory definition, which is

being incorporated into the regulations,

addresses the scope of coverage for four

broad categories of recipients: (1) State

or local governmental entities; (2)

colleges, universities, other

postsecondary educational institutions,

public systems of higher education,

local educational agencies, systems of

vocational education, and other school

systems; (3) private entities, such as

corporations, partnerships, and sole

proprietorships; and (4) entities that are

a combination of any of those groups.

See 42 U.S.C. 2000d–4a.

Under the first part of the definition,

when State and local governmental

entities receive financial assistance from

a Federal agency, the ‘‘program or

activity’’ or ‘‘program’’ in which

discrimination is prohibited includes all

of the operations of any State or local

department or agency to which the

Federal assistance is extended. If, for

example, a State or local agency receives

Federal assistance for one of many

functions of the agency, all of the

operations of the entire agency are

subject to the nondiscrimination

provisions of these regulations.

Furthermore, if the aid is given to an

entity or unit of government that

subsequently distributes the assistance

to a second agency, the entire entity to

which the assistance was initially given

is subject to the regulations. See 42

U.S.C. 2000d–4a(1); S. Rep. No. 100–64,

at 16, reprinted in 1988 U.S.C.C.A.N. at

18.

Under the second portion of the

definition of ‘‘program or activity,’’

when covered educational institutions

receive Federal financial assistance, all

of their operations are subject to the

nondiscrimination requirements of the

funding agency’s regulations. See 42

U.S.C. 2000d–4a(2).

Under the third part of the definition,

the degree of coverage of private

entities, such as private corporations

and partnerships, will vary depending

on how the funding is provided, the

principal purpose or objective of the

entity, or how the entity is structured

(e.g., physically separate offices or

plants). Each of the operations of private

businesses that are principally engaged

in education, health care, housing,

social services, or parks and recreation

is considered a ‘‘program or activity’’ for

purposes of these regulations. See 42

U.S.C. 2000d–4a(3)(A)(ii). S. Rep. No.

100–64 provides numerous other

examples of the scope of coverage with

regard to each category of recipient, and

readers are referred to this material. S.

Rep. No. 100–64, at 16–20, reprinted in

1988 U.S.C.C.A.N. at 19–21. In addition,

if Federal financial assistance is

extended to a private entity ‘‘as a

whole’’ and the private entity is not

principally engaged in the business of

education, health care, housing, social

services, or parks and recreation, all of

the private entity’s operations at all of

its locations would be covered. If the

private entity receives general

assistance, that is, assistance that is not

designated for a particular purpose, that

would be considered Federal financial

assistance to the private entity ‘‘as a

whole.’’ In other instances where

financial assistance is extended directly

to a geographically separate facility of

an entity described in the third part of

this definition, then coverage would be

limited to the geographically separate

facility that receives the assistance. See

42 U.S.C. 2000d–4a(3).

Under the fourth part of the

definition, if an entity of a type not

already covered by one of the first three

parts of the definition is established by

two or more of the entities listed under

the first three parts of the definition,

then all of the operations of that new

entity are covered. See 42 U.S.C. 2000d–

4a(4).

The proposed amendments will

incorporate the CRRA definition of

‘‘program or activity’’ and ‘‘program’’

into the agencies’ regulations. When

Congress amended Title VI in the CRRA,

it added definitions of both ‘‘program or

activity’’ and ‘‘program’’ to the statute.

Therefore, we have proposed to amend

each agency’s Title VI regulations to

incorporate the definition of both

‘‘program or activity’’ and ‘‘program.’’

However, when Congress amended

Section 504 and the Age Discrimination

Act in the CRRA, it added a definition

of the term ‘‘program or activity,’’ but

did not add a similar definition of the

term ‘‘program.’’ Thus, we have

amended the agencies’ Section 504 and

Age Discrimination Act regulations to

incorporate a new definition of

‘‘program or activity’’ only.

As explained below, in order to

conform with the CRRA definitions of

‘‘program or activity’’ and ‘‘program,’’

the proposed regulations also would

modify or delete some existing sections

of the Agencies’ regulations that have

become superfluous or incorrect

following enactment of the CRRA. These

proposed modifications would not

change the requirements of the existing

regulations.

It is important to note that the

proposed changes would not in any way

alter the requirement of the CRRA that

a fund termination be limited to the

particular programs ‘‘or part[s] thereof’’

that discriminate, or, as appropriate, to

all of the programs that are infected by

the discriminatory practices. See S. Rep.

No. 100–64, at 20, reprinted in 1988

U.S.C.C.A.N. at 22 (‘‘The [CRRA]

defines ‘program’ in the same manner as

‘program or activity,’ and leaves intact

the ‘or part thereof’ pinpointing

language.’’).

Assurances

Several agencies’ Title VI regulations

include an assurance requirement that

has created confusion with regard to the

scope of ‘‘program or activity’’ under

these regulations. In general, these

assurances, which are legal agreements

between the government and recipients

of Federal financial assistance, are

designed to ensure that recipients of

Federal financial assistance comply

with nondiscrimination laws and do not

discriminate in their programs or

activities. However, some agencies have

assurance provisions that are confusing

in light of the CRRA because they

incorrectly state that, in some

circumstances, certain parts of a

program will not be covered by civil

rights laws. For example, DOJ’s

assurance provision, which is very

similar to the corresponding assurance

requirements in other agencies’ Title VI

regulations, provides in part: ‘‘[t]he

assurance * * * shall be applicable to

the entire institution unless the

applicant establishes, to the satisfaction

of the responsible Department official,

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76463

that the practices in designated parts or

programs of the institution * * * will in

no way affect its practices in the

program of the institution * * * for

which Federal financial assistance is

sought. * * * ’’ 28 CFR 42.105(c)(2). In

order to avoid any further confusion, the

proposed rule would delete the above

provision and similar provisions in the

regulations of other agencies that

incorrectly suggest that some parts of a

program will not be covered under

certain circumstances. This change will

ensure that agency regulations reflect

the broad scope of coverage of a

program or activity that was

contemplated by the CRRA.

Several Federal agencies’ Title VI

regulations provide illustrative

examples or applications that refer to

the waiver language contained in the

assurance provision. Because the waiver

language in relevant assurance

provisions should be deleted, similar

language and references in illustrative

applications and examples also should

be deleted. These proposed deletions

would not affect the reach of the statutes

or regulations.

Other References to ‘‘Program’’ and

‘‘Program or Activity’’

We are also proposing to delete

references to ‘‘program’’ and ‘‘program

or activity’’ in the existing regulations

that do not conform to the broadened

CRRA definition of ‘‘program’’ and

‘‘program or activity.’’ For example, in

some instances, we have proposed to

substitute ‘‘Federal financial assistance’’

for ‘‘program’’ or ‘‘program or activity’’

where the phrase refers to Federal

financial assistance. In other instances,

we have proposed to substitute the

phrase ‘‘aid, benefit, or service’’ if that

is the intended meaning. We have also

proposed revisions when the terms

‘‘program’’ and ‘‘program or activity’’

are used too narrowly, i.e., when they

are used to indicate only a specific

portion of a program that directly

receives assistance. The nomenclature

tables, which are charts designed to

provide an easy method for viewing the

words to be removed or replaced, show

these proposed conforming changes for

each agency. In some instances, we

would change the phrase ‘‘program and

activity’’ to ‘‘program or activity’’ to

conform the regulations to the term as

defined in the CRRA. We have not

proposed to modify the term ‘‘activity’’

when it appears separately from the

phrase ‘‘program or activity’’ and is

used in a manner unrelated to the CRRA

phrase ‘‘program or activity.’’

Although we have generally proposed

to delete all references to ‘‘program’’

and ‘‘program or activity’’ where such

references do not conform to the CRRA,

we have not done so when the

regulation is merely copying statutory

language. For example, the regulations

for some agencies contain a compliance

provision that requires the agency to

report any order for fund termination to

the congressional committee with

jurisdiction over the ‘‘program’’

involved. In this case, the term

‘‘program’’ clearly refers to the Federal

financial assistance, but we have not

proposed to replace the word because

the copied statutory language itself uses

the term ‘‘program.’’

In other instances in which the term

‘‘program’’ is used in a manner

inconsistent with the CRRA, we have

proposed to capitalize the word in order

to distinguish it from the term defined

by the CRRA. For example, we have

proposed to capitalize certain terms of

art (e.g.,‘‘Historic Preservation

Program,’’ ‘‘Individualized Education

Program’’) or names of types of Federal

financial assistance (e.g., ‘‘School Lunch

Program’’) to avoid confusion.

Other Conforming Changes

Other proposed changes include

modifications to some agencies’

definition of ‘‘recipient.’’ A few agencies

define this term to include an entity that

‘‘benefits from’’ Federal financial

assistance. Likewise, many agencies’

Section 504 and Age Discrimination Act

regulations use the phrase ‘‘receives or

benefits from Federal financial

assistance.’’ The phrase ‘‘or benefits

from’’ in this context should be deleted

as it is superfluous in light of the CRRA.

Because the proposed changes are

limited to those that are related to the

CRRA definition of ‘‘program’’ and

‘‘program or activity,’’ we are not

proposing to make additional technical

corrections unless the provision is

already subject to a CRRA-related

change. Likewise, we do not propose to

make other technical corrections to

outdated agency or office names, with

one notable exception. Since the

regulations for the Department of Energy

require that age discrimination

complaints be filed with a specific

office, we have updated the regulations

to reflect the new name of that office,

thereby reducing confusion for

individual complainants.

Although we did not propose to

amend the content of the Agencies’

appendices, the headings and

introductory text describing the content

were amended to conform with the

CRRA. Additional conforming changes

to the body of the various agency

appendices will be published in the

Federal Register in a separate document

at a later date.

Period for Public Comment

Because these proposed changes

merely incorporate statutory language

and do not alter the Agencies’ consistent

position that the regulations must be

read in conformity with the CRRA, the

Agencies view these proposed changes

as technical in nature. However, the

Agencies are inviting public comment

on the proposed changes, consistent

with their policy of involving interested

members of the public in the

rulemaking process. We have decided to

use a 30-day comment period because

we do not anticipate receiving a large

volume of comments on the limited

technical changes in this proposed rule.

Coordination With the Department of

Education

The Department of Education

(‘‘ED’’)—one of two agencies that were

implicated in the Cureton decision and

that have decided to promulgate

separate rules to incorporate the CRRA’s

expanded definition of ‘‘program or

activity’’ in their regulations—published

its proposed rule on May 5, 2000, at 65

FR 26464. Among other modifications,

ED’s proposed amendments contain

several conforming changes to the

following three subparts of its Section

504 regulations: (1) Preschool,

Elementary, and Secondary Education;

(2) Postsecondary Education; and (3)

Health, Welfare, and Social Services.

Eight other Federal agencies have

Section 504 regulations containing

sections similar to all or a portion of the

provisions in the above three subparts.

Because we believe that it is particularly

important to maintain consistency

among Federal agencies with respect to

these subparts, we have, with a few

minor exceptions, followed ED’s lead

when amending these sections for the

other eight agencies—Department of

Agriculture, Department of Commerce,

Department of Interior, Department of

State, Department of Veterans Affairs,

Agency for International Development,

National Endowment for the

Humanities, and National Science

Foundation—that have similar

regulations.

Differences Among Agencies

Some agencies lack regulations

implementing Section 504 or the Age

Discrimination Act. In accordance with

the limited scope of this proposed

regulation, we have not proposed to add

Section 504 or Age Discrimination Act

sections to agencies that lack such

regulations. Outlined below are the

agencies that do not have such

implementing regulations, as well as

agencies that have comprehensive rules

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implementing several statutes in one set

of regulations or that follow the

regulations of another Federal agency.

Agencies that do not have regulations

implementing the Age Discrimination

Act and, therefore, are amending only

their regulations implementing Title VI

and Section 504 are: the Department of

Agriculture, the Department of Labor,

the Department of Defense, the

Environmental Protection Agency, and

the Department of Transportation. The

Federal Emergency Management Agency

(‘‘FEMA’’) does not have regulations

applying Section 504 to recipients of

Federal financial assistance but, instead,

operates in accordance with Section 504

regulations developed by HHS.

Therefore, FEMA will amend only its

regulations implementing Title VI and

the Age Discrimination Act. Likewise,

the Small Business Administration does

not have regulations applying Section

504 to recipients of Federal financial

assistance and, therefore, will only be

amending its Title VI and Age

Discrimination Act regulations.

In addition, the Corporation for

National and Community Service (‘‘the

Corporation’’) lacks regulations

applying the Age Discrimination Act,

Title VI, and Section 504 to recipients

of Federal financial assistance. Instead,

the Corporation, which is the successor

of ACTION, operates in accordance with

Title VI and Section 504 regulations

promulgated by ACTION and will

amend only those regulations. Similarly,

the National Endowment for the Arts,

the National Endowment for the

Humanities (‘‘NEH’’), and the Institute

of Museum and Library Services

(‘‘IMLS’’), which together constitute the

National Foundation on the Arts and the

Humanities (‘‘NFAH’’), operate in

accordance with Title VI regulations

developed jointly by these three

agencies and thus are amending their

Title VI regulations jointly. However,

NEA is separately amending its Section

504 and Age Discrimination Act

regulations, while NEH, which lacks an

Age Discrimination Act regulation, is

amending its Section 504 regulation

only. IMLS, which operates in

accordance with NEH’s Section 504

regulations and does not have

regulations implementing the Age

Discrimination Act, is not issuing any

separate amendments.

Applicable Executive Orders and

Regulatory Certifications Executive

Order 12067

These proposed conforming changes

have been reviewed by the Equal

Employment Opportunity Commission

pursuant to Executive Order 12067.

Executive Order 12250

These proposed conforming changes

to the Title VI and Section 504

regulations have been reviewed and

approved by the Attorney General

pursuant to Executive Order 12250.

Executive Order 12866

These proposed conforming changes

have been drafted and reviewed in

accordance with section 1(b) of

Executive Order 12866. This regulation

is not a significant regulatory action

under section 3(f)(4) of Executive Order

12866.

1. Potential Costs and Benefits

Under Executive Order 12866, the

Agencies have assessed the potential

costs and benefits of this regulatory

action. The potential costs associated

with the proposed regulations are those

resulting from statutory requirements

and those that the Agencies have

determined are necessary for

administering these Federal financial

assistance statutes effectively and

efficiently. In assessing the potential

costs and benefits—both quantitative

and qualitative—of this regulatory

action, the Agencies have determined

that there probably will be no cost

impacts because this regulatory action,

which implements congressional

amendments, merely clarifies

longstanding policy of the Agencies and

does not change the Agencies’ practices

in addressing issues of discrimination.

The Agencies have also determined

that this regulatory action would not

unduly interfere with State, local, and

tribal governments in the exercise of

their governmental functions.

2. Clarity of the Regulations

Executive Order 12866 and the

President’s Memorandum of June 1,

1998, on ‘‘Plain Language in

Government Writing’’ require each

agency to write regulations that are easy

to understand. The Agencies invite

comments on how to make these

proposed regulations easier to

understand, including answers to

questions such as the following:

• Are the requirements in the

proposed regulations clearly stated?

• Do the proposed regulations contain

technical terms or other wording that

interferes with their clarity?

• Does the format of the proposed

regulations (grouping and order of

sections, use of a nomenclature table)

aid or reduce their clarity?

• Could the description of the

proposed regulations in the SUMMARY

section of this preamble be more helpful

in making the proposed regulations

easier to understand? If so, how?

• What else could we do to make the

proposed regulations easier to

understand?

Send any comments that concern how

the Agencies could make these

proposed regulations easier to

understand to the person listed in the

ADDRESSES section of the preamble.

Age Discrimination Act of 1975

The Age Discrimination Act of 1975

and the Department of Health and

Human Services’ (‘‘HHS’’) general,

government-wide implementing

regulations give the Secretary of HHS

the authority to review changes to the

Age Discrimination Act regulations of

federal agencies. This authority has

been delegated to the Office for Civil

Rights (‘‘OCR’’), which has reviewed

and approved these proposed

conforming changes.

Small Business Regulatory Enforcement

Fairness Act of 1996

It has been determined that this rule

is not a major rule as defined by the

Small Business Regulatory Enforcement

Fairness Act of 1996, 5 U.S.C. 804. This

rule will not result in an annual effect

on the economy of $100 million or

more; a major increase in costs or prices;

or significant adverse effects on

competition, employment, investment,

productivity, innovation, or on the

ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets.

All recipients of Federal funding have

been bound by these standards of

liability since the passage of the CRRA,

when the Agencies reinstated their

broad interpretation of the terms

‘‘program or activity’’ and ‘‘program’’

and applied these regulations on an

institution-wide basis without changing

the language of the regulations. The

joint rule merely makes the regulations

track the statutory language of the

CRRA, both for disparate impact and

disparate treatment forms of

discrimination. These regulations

implement statutory amendments and

longstanding agency policy.

Unfunded Mandates Reform Act of

1995

The Unfunded Mandates Reform Act

of 1995 (Public Law 104–4) requires

agencies to prepare several analytic

statements before proposing any rule

that may result in annual expenditures

of $100 million by State, local, Indian

tribal governments or the private sector.

See 15 U.S.C. 1532.

These amendments make technical

changes to existing regulations that

enforce statutory prohibitions on

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76465

discrimination on the basis of race,

color, national origin, age, or disability.

Therefore, these amendments will not

result in the expenditure by State, local,

and tribal governments, in the aggregate,

or by the private sector, of $100 million

or more in any one year, and they will

not significantly or uniquely affect small

governments. The participating agencies

certify that no actions were deemed

necessary under the Unfunded

Mandates Reform Act of 1995.

Regulatory Flexibility Act

The Agencies, in accordance with the

Regulatory Flexibility Act, 5 U.S.C.

605(b), have reviewed these regulations

and certify that these regulations will

not have a significant economic impact

on a substantial number of small

entities, in large part because these

regulations do not impose any new

substantive obligations on Federal

funding recipients. All recipients of

Federal funding have been bound by

these standards of liability since the

passage of the CRRA, when the

Agencies reinstated their broad

interpretation of the terms ‘‘program or

activity’’ and ‘‘program’’ and applied

these regulations on an institution-wide

basis without changing the language of

the regulations. The joint rule merely

makes the regulations track the statutory

language of the CRRA, both for disparate

impact and disparate treatment forms of

discrimination. These regulations

implement statutory amendments and

longstanding agency policy.

Paperwork Reduction Act

The Agencies certify that this

proposed rule will not impose

additional reporting or recordkeeping

requirements under the Paperwork

Reduction Act of 1995, 44 U.S.C. 3501

et seq.

Executive Order 13132

This proposed rule will not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. The proposed rule

does not subject Federal funding

recipients to new obligations. The

proposed regulations amend and clarify

existing regulations that are required by

statute pursuant to Title VI of the Civil

Rights Act of 1964, Section 504 of the

Rehabilitation Act of 1973, and the Age

Discrimination Act of 1975. Therefore,

in accordance with section 6 of

Executive Order 13132, the Agencies

have determined that these amendments

do not have sufficient federalism

implications to warrant the preparation

of a federalism summary impact

statement.

List of Subjects

7 CFR Part 15

Aged, Civil rights, Religious

discrimination, Sex discrimination.

7 CFR Part 15b

Civil rights, Equal employment

opportunity, Grant programs—

education, Individuals with disabilities.

10 CFR Part 4

Administrative practice and

procedure, Aged, Civil rights, Equal

employment opportunity, Federal

buildings and facilities, Individuals

with disabilities, Reporting and

recordkeeping requirements, Sex

discrimination.

10 CFR Part 1040

Administrative practice and

procedure, Aged, Civil rights, Equal

employment opportunity, Individuals

with disabilities, Sex discrimination.

13 CFR Part 112

Civil rights, Reporting and

recordkeeping requirements, Small

businesses.

13 CFR Part 117

Aged, Civil rights, Reporting and

recordkeeping requirements.

14 CFR Part 1250

Civil rights.

14 CFR Part 1251

Administrative practice and

procedure, Civil rights, Equal

employment opportunity, Federal

buildings and facilities, Individuals

with disabilities.

14 CFR Part 1252

Aged, Civil rights.

15 CFR Part 8

Civil rights.

15 CFR Part 8b

Civil rights, Equal educational

opportunity, Equal employment

opportunity, Individuals with

disabilities, Reporting and

recordkeeping requirements.

15 CFR Part 20

Administrative practice and

procedure, Aged, Civil rights.

18 CFR Part 1302

Civil rights, Reporting and

recordkeeping requirements.

18 CFR Part 1307

Administrative practice and

procedure, Civil rights, Individuals with

disabilities.

18 CFR Part 1309

Aged, Civil rights.

22 CFR Part 141

Civil rights.

22 CFR Part 142

Civil rights, Equal educational

opportunity, Equal employment

opportunity, Individuals with

disabilities.

22 CFR Part 143

Aged, Civil rights.

22 CFR Part 209

Civil rights.

22 CFR Part 217

Civil rights, Equal educational

opportunity, Equal employment

opportunity, Individuals with

disabilities.

22 CFR Part 218

Aged, Civil rights.

28 CFR Part 42

Administrative practice and

procedure, Aged, Civil rights, Equal

employment opportunity, Grant

programs, Individuals with disabilities,

Reporting and recordkeeping

requirements, Sex discrimination.

29 CFR Part 31

Civil rights, Reporting and

recordkeeping requirements.

29 CFR Part 32

Civil rights, Equal employment

opportunity, Individuals with

disabilities, Reporting and

recordkeeping requirements.

38 CFR Part 18

Aged, Civil rights, Equal educational

opportunity, Equal employment

opportunity, Individuals with

disabilities, Reporting and

recordkeeping requirements, Veterans.

40 CFR Part 7

Civil rights, Equal employment

opportunity, Individuals with

disabilities, Reporting and

recordkeeping requirements, Sex

discrimination.

41 CFR Part 101–6

Civil rights, Government property

management.

76466 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

41 CFR Part 101–8

Administrative practice and

procedure, Civil rights, Government

property management, Individuals with

disabilities, Reporting and

recordkeeping requirements.

43 CFR Part 17

Administrative practice and

procedure, Aged, Civil rights, Equal

employment opportunity, Federal

buildings and facilities, Individuals

with disabilities.

44 CFR Part 7

Administrative practice and

procedure, Aged, Civil rights, Reporting

and recordkeeping requirements.

45 CFR Part 605

Civil rights, Equal educational

opportunity, Equal employment

opportunity, Individuals with

disabilities.

45 CFR Part 611

Civil rights, Reporting and

recordkeeping requirements.

45 CFR Part 617

Administrative practice and

procedure, Aged, Civil rights.

45 CFR Part 110

Civil rights.

45 CFR Part 1151

Civil rights, Equal employment

opportunity, Individuals with

disabilities.

45 CFR Part 1156

Administrative practice and

procedure, Aged, Civil rights, Grant

programs, Investigations, Reporting and

recordkeeping requirements.

45 CFR Part 1170

Civil rights, Equal educational

opportunity, Equal employment

opportunity, Individuals with

disabilities.

45 CFR Part 1203

Civil rights, Reporting and

recordkeeping requirements.

45 CFR Part 1232

Civil rights, Grant programs—social

programs, Individuals with disabilities.

49 CFR Part 21

Civil rights, Reporting and

recordkeeping requriements.

49 CFR Part 27

Administrative practice and

procedure, Airports, Civil rights,

Highways and roads, Individuals with

disabilities, Mass transportation,

Railroads, Reporting and recordkeeping

requirements.

Proposed Adoption of Joint Rule

The proposed agency adoptions of

this joint rule are set forth below:

DEPARTMENT OF AGRICULTURE

7 CFR Subtitle A

RIN 0566–AB78

Authority and Issuance

For the reasons set forth in the joint

preamble, USDA proposes to amend 7

CFR subtitle A, parts 15 and 15b as set

forth below:

PART 15—NONDISCRIMINATION

1. The authority citation for part 15

continues to read as follows:

Authority: 5 U.S.C. 301; 29 U.S.C. 794.

2. Section 15.2 is amended by revising

paragraph (k) to read as follows:

§ 15.2 Definitions.

* * * * *

(k) Program or activity and program

mean all of the operations of any entity

described in paragraphs (k)(1) through

(4) of this section, any part of which is

extended Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (k)(1),

(2), or (3) of this section.

* * * * *

3. In § 15.3, the headings for

paragraphs (d)(1) through (d)(10) are

revised to read as follows:

§ 15.3 Discrimination prohibited.

* * * * *

(d) * * *

(1) Cooperative Agricultural Extension

Program. ***

(2) Rural Electrification and Rural

Telephone Programs. ***

(3) Direct Distribution Program. ***

(4) National School Lunch Program.

***

(5) Food Stamp Program. ***

(6) Special Milk Program for Children.

***

(7) Price Support Programs carried

out through producer associations or

cooperatives or through persons who are

required to provide specified benefits to

producers. ***

(8) Forest Service Programs. ***

(9) Farmers Home Administration

Programs. ***

(10) Cooperative State Research

Programs. ***

4. Section 15.4 is amended by revising

paragraph (c) to read as follows:

§ 15.4 Assurances required.

* * * * *

(c) Assurances from institutions. The

assurance required with respect to an

institution of higher education, or any

other institution, insofar as the

assurance relates to the institution’s

practices with respect to admission or

other treatment of individuals or to the

opportunity to participate in the

provision of services or other benefits to

such individuals, shall be applicable to

the entire institution.

* * * * *

5. Amend the appendix to subpart A

of part 15 as follows:

a. In the heading, by removing the

words ‘‘USDA-Assisted Programs’’ and

adding, in their place, the words

‘‘Federal Financial Assistance From

USDA’’;

b. In the introductory text, by

removing the word ‘‘Programs’’ and

adding, in its place, the words ‘‘The

types of Federal financial assistance’’;

and by removing the words ‘‘in which

Federal financial assistance is

rendered’’; and

c. In the chart, by removing the

column heading ‘‘Program’’ and adding,

in its place, the column heading ‘‘Type

of Federal Financial Assistance’’.

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76467

6. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column, and

add the text shown in the right column:

Section Remove Add

15.1(b)(3) ............................................................ under any such program

15.2(e) ................................................................ for any program,

15.2(e) ................................................................ under any such program

15.2(f) ................................................................. for the purpose of carrying out a program

15.3(b)(3) ............................................................ activities or programs programs or activities

15.3(d), introductory text, first sentence ............. programs and activities types of Federal financial assistance

15.3(d), introductory text, third sentence ........... program type of Federal financial asistance

15.3(d), introductory text, third sentence ........... it a program

15.3(d), introductory text, last sentence ............. listed program listed type of Federal financial assistance

15.3(d)(1)(ii) ........................................................ activity of activity funded by

15.3(d)(3)(i) ......................................................... direct distribution program Direct Distribution Program

15.3(d)(3)(iii) ....................................................... program Program

15.3(d)(4)(i) ......................................................... program Program

15.3(d)(4)(ii) ........................................................ program Program

15.3(d)(5)(i) ......................................................... program Program

15.3(d)(6)(i) ......................................................... program Program

15.3(d)(6)(iv) ....................................................... program Program

15.3(d)(7)(v) ........................................................ price support program Price Support Program

15.3(d)(10)(ii) ...................................................... cooperative research program Cooperative Research Program

15.4(a)(1), first sentence .................................... to carry out a program

15.4(a)(1), first sentence .................................... except a program except an application

15.4(b) ................................................................ to carry out its program for or activity involving

15.5(a), second sentence ................................... programs Federal financial assistance

15.5(a), second sentence ................................... program

15.5(b), second sentence ................................... of any program under in

15.5(d) ................................................................ program under program for

15.9(e), first sentence ........................................ programs Federal statutes, authorities, or other means

by which Federal financial assistance is extended and

15.10(f) ............................................................... under the program involved to which this regulation applies

15.10(f) ............................................................... assistance will assistance to which this regulation applies will

15.10(f) ............................................................... under such program

15.12(a), introductory text, first sentence ........... under such program

PART 15—NONDISCRIMINATION ON

THE BASIS OF HANDICAP IN

PROGRAMS OR ACTIVITIES

RECEIVING FEDERAL FINANCIAL

ASSISTANCE

7. The heading for part 15b is revised

to read as set forth above.

8. The authority citation for part 15b

continues to read as follows:

Authority: 29 U.S.C. 794.

9. Section 15b.3 is amended by

revising paragraph (p) and adding a new

paragraph (s) to read as follows:

§ 15b.3 Definitions.

* * * * *

(p) For purposes of § 15b.18(d),

Historic Preservation Programs are those

that receive Federal financial assistance

that has preservation of historic

properties as a primary purpose.

* * * * *

(s) Program or activity means all of

the operations of any entity described in

paragraphs (s)(1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or (ii) The entity of such

State or local government that

distributes such assistance and each

such department or agency (and each

other State or local government entity)

to which the assistance is extended, in

the case of assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (s)(1),

(2), or (3) of this section.

§ 15b.4 [Amended]

10. In § 15b.4, the heading of

paragraph (c) is amended by removing

the word ‘‘Programs’’ and adding, in its

place, the words ‘‘Aid, benefits, or

services’’.

11. The heading for subpart C is

revised to read as follows:

Subpart C—Accessibility

* * * * *

12. Section 15b.18 is amended by

revising the heading and first sentence

of paragraph (a), the heading of

paragraph (e), and the first sentence of

paragraph (e)(1) to read as follows:

§ 15b.18 Existing facilities.

(a) Accessibility. A recipient shall

operate each assisted program or

activity so that when each part is

viewed in its entirety it is readily

76468 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

accessible to and usable by qualified

handicapped persons. * * *

* * * * *

(e) Historic Preservation Programs;

application for waiver of accessibility

requirements. (1) A recipient shall

operate each assisted program or

activity involving Historic Preservation

Programs so that when each part is

viewed in its entirety it is readily

accessible to and usable by handicapped

persons. * * *

* * * * *

§ 15b.27 [Amended]

13. Section 15b.27 is amended by

removing from the heading of paragraph

(b) the words ‘‘Program delivery’’ and

adding, in their place, the word

‘‘Delivery’’, and by removing from the

heading of paragraph (c) the words

‘‘Program materials’’ and adding, in

their place, the word ‘‘Materials’’.

§ 15b.28 [Amended]

14. The heading for § 15b.28 is

amended by removing the word

‘‘programs’’.

15. The heading for subpart F is

revised to read as follows:

Subpart F—Other Aid, Benefits, or

Services

Appendix A to Part 15b [Amended]

16. Amend appendix A to part 15b as

follows:

a. In the heading, by removing the

words ‘‘USDA-Assisted Programs’’ and

adding, in their place, the words

‘‘Federal Financial Assistance From

USDA’’;

b. In the introductory text, by

removing the word ‘‘Programs’’ and

adding, in its place, the words ‘‘The

types of Federal financial assistance’’;

and by removing the words ‘‘in which

Federal financial assistance is

rendered’’; and

c. In the chart, by removing the

column heading ‘‘Program’’ and adding,

in its place, the column heading ‘‘Type

of Federal Financial Assistance’’.

17. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

15b.2, first sentence ........................................... programs and activities programs or activities

15b.2, last sentence ........................................... tailored to specific programs more specifically tailored

15b.4(b)(1)(v) ...................................................... program program or activity

15b.4(b)(3) .......................................................... programs or activities aid, benefits, or services

15b.4(b)(4)(ii) ...................................................... program program or activity

15b.4(b)(5)(i) ....................................................... or benefits from

15b.4(b)(6) .......................................................... or benefiting from

15b.4(c) .............................................................. the benefits of a program aid, benefits, or services

15b.4(c) .............................................................. from a program from aid, benefits, or services

15b.5(a), first sentence ...................................... for a program or activity

15b.5(a), first sentence ...................................... the program will the program or activity will

15b.7(a), second sentence ................................. programs and activities programs or activities

15b.8(a)(3)(i) ....................................................... program program or activity

15b.8(a)(3)(ii) ...................................................... program program or activity

15b.8(a)(3)(iii) ..................................................... program program or activity

15b.10 ................................................................. programs programs or activities

15b.11 ................................................................. programs and activities programs or activities

15b.12(a)(3), last sentence ................................ apprenticeship programs apprenticeships

15b.12(b)(8) ........................................................ social those that are social

15b.12(b)(8) ........................................................ programs

15b.13(a) ............................................................ program program or activity

15b.13(c), introductory text ................................ programs programs or activities

15b.13(c)(1) ........................................................ program program or activity

15b.16 ................................................................. programs and activities programs or activities

15b.18(b), last sentence ..................................... offer programs and activities to serve

15b.18(b), last sentence ..................................... to obtain the full benefits of the program

15b.18(d) ............................................................ program accessibility accessibility

15b.18(d) ............................................................ the program the program or activity

15b.18(e)(1), introductory text, last sentence .... program

15b.18(e)(1)(iv), first sentence ........................... program

15b.18(e)(1)(iv), first sentence ........................... historic preservation program Historic Preservation Program

15b.18(e)(1)(iv), last sentence ........................... program accessibility accessibility

15b.18(e)(2), introductory text, first sentence .... program

15b.18(e)(2), introductory text, last sentence .... program

15b.18(e)(2)(iii) ................................................... program program or activity

15b.18(g)(3) ........................................................ program accessibility accessibility under paragraph (a) of this section

15b.20 ................................................................. programs and activities programs or activities

15b.21, introductory text ..................................... program program or activity

15b.22(a) ............................................................ program program or activity

15b.22(b)(2) ........................................................ individualized education program Individualized Education Program

15b.22(b)(3), first sentence ................................ in

15b.22(b)(3), first sentence ................................ to a program for aid, benefits, or services

15b.22(b)(3), first sentence ................................ the one those

15b.22(b)(3), first sentence ................................ operates operates or provides

15b.22(c)(1), second sentence .......................... to a program for aid, benefits, or services

15b.22(c)(1), second sentence .......................... operated operated or provided

15b.22(c)(1), second sentence .......................... the program aid, benefits, or services

15b.22(c)(2) ........................................................ person in person

15b.22(c)(2) ........................................................ to a program for aid, benefits, or services

15b.22(c)(2) ........................................................ not operated not operated or provided

15b.22(c)(2) ........................................................ the program aid, benefits, or services

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76469

Section Remove Add

15b.22(c)(3) ........................................................ placement in

15b.22(c)(3) ........................................................ program placement

15b.22(c)(4), last sentence ................................ such a program a free appropriate education

15b.24(a) ............................................................ program shall program or activity shall

15b.24(a) ............................................................ a regular or special education program regular or special education

15b.25, first sentence ......................................... operates a provides

15b.25, first sentence ......................................... education program education

15b.26(c)(1), first sentence ................................ programs and activities aid, benefits, or services

15b.26(c)(1), last sentence ................................ in these activities

15b.27(a), first sentence .................................... operates an provides

15b.27(a), first sentence .................................... program or activity receiving assistance from

this Department

15b.27(a), first sentence .................................... from the program or activity

15b.27(a), last sentence ..................................... under the program or activity

15b.27(b)(1), first sentence ................................ program services aid, benefits, or services

15b.27(b)(2), first sentence ................................ program services aid, benefits, or services

15b.27(b)(2), second sentence .......................... program benefits aid, benefits, or services

15b.27(b)(3), first sentence ................................ program services aid, benefits, or services

15b.27(b)(3), second sentence .......................... program benefits aid, benefits, or services

15b.27(c), first sentence ..................................... program

15b.28(a), first sentence .................................... operates a provides

15b.28(a), first sentence .................................... program receiving assistance from this Department

15b.28(a), first sentence .................................... from such program

15b.29 ................................................................. programs and activities programs or activities

15b.31(a) ............................................................ program or activity aid, benefits, or services

15b.31(d) ............................................................ programs and activities programs or activities

15b.32(a), second sentence ............................... program or

15b.32(c) ............................................................ in its program

15b.32(d)(1) ........................................................ under the education program or activity operated by the recipient

15b.35(a)(1), first sentence ................................ programs and activities aid, benefits, or services

15b.36 ................................................................. programs and activities aid, benefits, or services

15b.39, first sentence ......................................... activity for activity that provides aid, benefits, or services

for

15b.39, first sentence ......................................... program, or activity program or activity

15b.40(a), first sentence .................................... operate provide

15b.40(a), first sentence .................................... service programs assisted by this Department services

15b.41(a) ............................................................ a multi-family rental housing program multi-family rental housing

15b.41(b)(2) ........................................................ program

15b.41(c), first sentence ..................................... program

15b.41(c), last sentence ..................................... program

Dated: November 9, 2000.

Peter G. Parham,

Acting Director, Office of Civil Rights,

Department of Agriculture.

NUCLEAR REGULATORY

COMMISSION

10 CFR Chapter I

RIN 3130–AG65

Authority and Issuance

For the reasons set forth in the joint

preamble, NRC proposes to amend 10

CFR chapter I, part 4 as set forth below:

PART 4—NONDISCRIMINATION IN

FEDERALLY ASSISTED PROGRAMS

OR ACTIVITIES RECEIVING FEDERAL

FINANCIAL ASSISTANCE FROM THE

COMMISSION

1. The heading for part 4 is revised as

set forth above.

2. The authority citation for part 4 is

revised to read as follows:

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 Stat. 1242, as amended (42 U.S.C. 5841).

Subpart A also issued under secs. 602–605,

Pub. L. 88–352, 78 Stat. 252, 253 (42 U.S.C.

2000d—2000d–7); sec. 401, 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. 706); sec.

119, Pub. L. 95–602, 92 Stat. 2984 (29 U.S.C.

794); sec. 122, Pub. L. 95–602, 92 Stat. 2984

(29 U.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).

Subpart E also issued under 29 U.S.C. 794.

3. Section 4.4 is amended by revising

paragraph (g) to read as follows:

§ 4.4 Definitions.

* * * * *

(g) Program or activity and program

mean all of the operations of any entity

described in paragraphs (g)(1) through

(4) of this section, any part of which is

extended Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

76470 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (g)(1),

(2), or (3) of this section.

* * * * *

4. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

4.3, introductory text, second sentence ............. programs types of Federal financial assistance

4.3, introductory text, third sentence .................. under any program or activity

4.3, introductory text, fourth sentence ................ a program a type of Federal financial assistance

4.3, introductory text, fourth sentence ................ the program a program or activity

4.4(f) ................................................................... for the purpose of carrying out a program

4.4(h) .................................................................. for any program,

4.4(h) .................................................................. under any such program

Subpart A—Regulations Implementing

Title VI of the Civil Rights Act of 1964

and Title IV of the Energy

Reorganization Act of 1974

5. The heading of § 4.22 is revised to

read as follows:

§ 4.22 Continuing Federal financial

assistance.

* * * * *

6. Section 4.24 is amended by revising

paragraph (b) to read as follows:

§ 4.24 Assurances from institutions.

* * * * *

(b) The assurance required with

respect to an institution of higher

education, hospital, or any other

institution, insofar as the assurance

relates to the institution’s practices with

respect to admission or other treatment

of individuals as students, patients, or

clients of the institution or to the

opportunity to participate in the

provision of services or other benefits to

such individuals, shall be applicable to

the entire institution.

7. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

4.12(a), introductory text .................................... under any program

4.13(a), first sentence ........................................ a program of the

4.13(a), first sentence ........................................ assistance assistance to a program

4.13(a), second sentence ................................... such programs such Federal financial assistance

4.13(a), second sentence ................................... fellowship programs fellowships

4.21(a), first sentence ........................................ under a program

4.21(a), first sentence ........................................ except a program except an application

4.21(a), fifth sentence ........................................ for each program

4.21(a), fifth sentence ........................................ in the program

4.21(b), third sentence ....................................... program statute

4.22 ..................................................................... to carry out a program involving for

4.32(b) ................................................................ of any program under in

4.34 ..................................................................... program under which program for which

4.51(a)(4) ............................................................ , under the program involved

4.64, first sentence ............................................. programs Federal statutes, authorities, or other means

by which Federal financial assistance is extended and

4.64, last sentence ............................................. programs subject to this subpart are this regulation is

4.74, first sentence ............................................. under the program involved to which this regulation applies

4.74, first sentence ............................................. assistance will assistance to which this regulation applies will

4.74, first sentence ............................................. under such program

4.91, introductory text, first sentence ................. under such program

Subpart B—Regulations Implementing

Section 504 of the Rehabilitation Act of

1973, as Amended

8. The heading of § 4.126 is revised to

read as follows:

§ 4.126 General requirement concerning

accessibility.

* * * * *

9. Section 4.127 is amended by

revising the heading and first sentence

of paragraph (a) to read as follows:

§ 4.127 Existing facilities.

(a) Accessibility. A recipient shall

operate each program or activity so that

when each part is viewed in its entirety

it is readily accessible to and usable by

handicapped persons. * * *

* * * * *

10. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

4.121(a) .............................................................. or benefits from

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76471

Section Remove Add

4.121(b)(1)(v) ...................................................... program program or activity

4.121(b)(2) .......................................................... programs or activities aid, benefits, or services

4.121(b)(3)(ii) ...................................................... program program or activity

4.121(b)(4)(i) ....................................................... or benefits from

4.121(c) .............................................................. the benefits of program aaid, benefits, or services

4.121(c) .............................................................. a program aid, benefits, or services

4.121(d) .............................................................. programs and activities programs or activities

4.122(a) .............................................................. or benefits from

4.122(c)(8) .......................................................... social those that are social

4.122(c)(8) .......................................................... programs

4.122(d), last sentence ....................................... apprenticeship programs apprenticeships

4.123(a) .............................................................. program program or activity

4.123(c), introductory text .................................. program program or activity

4.123(c)(1) .......................................................... program program or activity

4.126 ................................................................... or benefits from

4.127(b), last sentence ....................................... offer programs and activities to serve

4.127(d)(3) .......................................................... program accessibility accessibility under paragraph (a) of this section

4.231(a), first sentence ...................................... for a program or activity

4.231(a), first sentence ...................................... the program the program or activity

4.231(c)(3)(i) ....................................................... program program or activity

4.231(c)(3)(ii) ...................................................... program program or activity

4.232(a), second sentence ................................. programs and activities programs or activities

Subpart C—Regulations Implementing

the Age Discrimination Act of 1975, as

Amended

11. In the table below, for each section indicated in the left column, remove the text shown in the middle column

and add the text shown in the right column:

Section Remove Add

4.313, introductory text, first sentence ............... program of activity program or activity

4.321, first sentence ........................................... programs and activities programs or activities

4.321, second sentence ..................................... programs and activities programs or activities

4.334(a)(2), last sentence .................................. program

4.336(c)(2), first sentence .................................. Federal

4.338(c) .............................................................. program program or activity

4.339(b)(2) .......................................................... program or activity Federal financial assistance

4.341(b) .............................................................. programs programs or activities

4.341(c) .............................................................. programs programs or activities

4.341(d) .............................................................. programs programs or activities

Dated: August 25, 2000.

William D. Travers,

Executive Director for Operations, Nuclear

Regulatory Commission.

DEPARTMENT OF ENERGY

10 CFR Chapter X

RIN 1901–AA86

Authority and Issuance

For the reasons set forth in the joint

preamble, DOE proposes to amend 10

CFR chapter X, part 1040 as set forth

below:

PART 1040—NONDISCRIMINATION IN

FEDERALLY ASSISTED PROGRAMS

OR ACTIVITIES

1. The heading for part 1040 is revised

to read as set forth above.

2. The authority citation for part 1040

is revised to read as follows:

Authority: 20 U.S.C. 1681–1686; 29 U.S.C.

794; 42 U.S.C. 2000d to 2000d–7, 3601–3631,

5891, 6101–6107, 7101 et seq.

Subpart A—General Provisions

3. Section 1040.3 is amended by

revising paragraph (u) to read as

follows:

§ 1040.3 Definitions—General.

* * * * *

(u) Program or activity and program

mean all of the operations of any entity

described in paragraphs (u)(1) through

(4) of this section, any part of which is

extended Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

76472 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (u)(1),

(2), or (3) of this section.

* * * * *

4. Section 1040.4 is amended by

revising paragraph (d) and the heading

of paragraph (f) to read as follows:

§ 1040.4 Assurances required and

preaward review.

* * * * *

(d) Assurances from government

agencies. In the case of any application

from any department, agency or office of

any State or local government for

Federal financial assistance for any

specified purpose, the assurance

required by this section is to extend to

any other department, agency, or office

of the same governmental unit.

* * * * *

(f) Continuing Federal financial

assistance. ***

* * * * *

5. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

1040.1, first sentence ......................................... the program or activity the Federal financial assistance

1040.1, first sentence ......................................... program services services

1040.2(a), second sentence ............................... Programs Types of Federal financial assistance

1040.2(a), fourth sentence ................................. under any program or activity

1040.2(a), last sentence ..................................... a program a type of Federal financial assistance

1040.2(a), last sentence ..................................... the program that a program or activity

1040.3(a) ............................................................ program aid, benefit, service

1040.3(t) ............................................................. for the purpose of carrying out a program

1040.4(a), first sentence .................................... for a program or activity

1040.4(f), introductory text ................................. administering a program which receives applying for

1040.4(f)(1) ......................................................... program program or activity

1040.5(b), first sentence .................................... or programs or activity

1040.5(b), second sentence ............................... programs programs or activities

1040.5(b), last sentence ..................................... broadcast program broadcast

1040.5(b), last sentence ..................................... the program the program or activity

1040.5(b), last sentence ..................................... opportunity program opportunity program or activity

1040.5(c), first sentence ..................................... program program or activity

1040.6(a) second sentence ................................ programs and activities programs or activities

1040.7(b) ............................................................ a program that will to

Subpart B—Title VI of the Civil Rights

Act of 1964; Section 16 of the Federal

Energy Administration Act of 1974, as

Amended; and Section 401 of the

Energy Reorganization Act of 1974

6. Section 1040.13 is amended by

revising paragraph (e) to read as follows:

§ 1040.13 Discrimination prohibited.

* * * * *

(e) For the purpose of this section, the

disposition, services, financial aid, or

benefits provided under a program

receiving Federal financial assistance

include all portions of the recipient’s

program or activity, including facilities,

equipment, or property provided with

the aid of Federal financial assistance.

* * * * *

7. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

1040.11(b), first sentence .................................. administering, administering or

1040.11(b), first sentence .................................. or substantially benefiting from

1040.12(b), first sentence .................................. programs and activities programs or activities

1040.13(b), introductory text .............................. under any program

1040.13(c) .......................................................... program objectives objectives of the program

1040.13(g), first sentence .................................. from programs from benefits

1040.13(g), last sentence ................................... the benefits of a program benefits

1040.13(g), last sentence ................................... programs funded Federal financial assistance provided

1040.14(a)(1), introductory text, first sentence .. mobility programs mobility projects

Subpart D—Nondiscrimination on the

Basis of Handicap—Section 504 of the

Rehabilitation Act of 1973, as

Amended

§ 1040.63 [Amended]

8. In § 1040.63, the heading of

paragraph (c) is amended by removing

the word ‘‘Programs,’’ and adding, in its

place, the words ‘‘Aid, benefits, or

services’’.

§ 1040.71 [Amended]

9. The undesignated center heading

immediately preceding § 1040.71 is

amended by removing the word

‘‘Program’’.

10. Section 1040.72 is amended by

revising the heading and first sentence

of paragraph (a) to read as follows:

§ 1040.72 Existing facilities.

(a) Accessibility. A recipient shall

operate any program or activity to

which this subpart applies so that when

each part is viewed in its entirety it is

readily accessible and usable by

handicapped persons. * * *

* * * * *

11. Section 1040.74 is amended by

revising the section heading, the

heading and first sentence of paragraph

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76473

(a), and the headings of paragraphs

(a)(1), (a)(2), and (a)(3) to read as

follows:

§ 1040.74 Accessibility in historic

properties.

(a) Methods to accomplish

accessibility. Recipients shall operate

each program or activity involving

historic properties so that when each

part is viewed in its entirety it is readily

accessible to and usable by handicapped

persons. * * *

(1) Methods to accomplish

accessibility without building

alterations or structural changes. ***

(2) Methods to accomplish

accessibility resulting in building

alterations. ***

(3) Methods to accomplish

accessibility resulting in structural

changes. ***

* * * * *

12. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

1040.61(b) .......................................................... or benefits from

1040.63(a) .......................................................... or benefits from

1040.63(b)(1)(v) .................................................. program program or activity

1040.63(b)(3) ...................................................... program or activities aid, benefits, or services

1040.63(b)(4)(ii) .................................................. program program or activity

1040.63(b)(6) ...................................................... or benefiting from

1040.63(c) .......................................................... the benefits of a program aid, benefits, or services

1040.63(c) .......................................................... from a program from aid, benefits, or services

1040.63(d) .......................................................... programs of activities programs or activities

1040.64(c), first sentence ................................... under any program to which under any program or activity to which

1040.64(c), first sentence ................................... assistance under any program for assistance for

1040.66(a)(3), last sentence .............................. apprenticeship programs apprenticeships

1040.66(b)(8) ...................................................... social those that are social

1040.66(b)(8) ...................................................... programs

1040.67(a) .......................................................... program program or activity

1040.67(c), introductory text .............................. program program or activity

1040.67(c)(1) ...................................................... program program or activity

1040.72(b), last sentence ................................... offer programs and activities to serve

1040.72(d)(3) ...................................................... program accessibility accessibility under § 1040.72(a)

1040.74(a), introductory text, second sentence program

1040.74(a), introductory text, last sentence ....... program

1040.74(a)(1)(i) ................................................... programs aid, benefits, or services

1040.74(a)(1)(iii) ................................................. programs or activities aid, benefits, or services

1040.74(a)(1)(iv) ................................................. programs aid, benefits, or services

1040.74(a)(2), first sentence .............................. program

1040.74(a)(2), first sentence .............................. Program

1040.74(a)(3), first sentence .............................. program

1040.74(a)(3), first sentence .............................. Program

Subpart E—Nondiscrimination on the

Basis of Age—Age Discrimination Act

of 1975, as Amended

13. The authority citation for subpart

E is revised to read as follows:

Authority: Age Discrimination Act of 1975,

as amended (42 U.S.C. 6101 et seq.); 45 CFR

part 90.

Appendix A to Subpart E to Part 1040

[Amended]

14. Appendix A to subpart E to part

1040 is amended by removing the words

‘‘or program’’ from the sixth column

heading.

15. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

1040.81, last sentence ....................................... programs and activities programs or activities

1040.82(a) .......................................................... or benefits from

1040.83(i) ........................................................... programs and activities programs or activities

1040.88(a) .......................................................... Office of Equal Opportunity (OEO) Office of Civil Rights and Diversity

1040.88(c) .......................................................... program program or activity

1040.89–1, first sentence ................................... program and activities programs or activities

1040.89–5(a), third sentence ............................. Office of Equal Opportunity (OEO) Office of Civil Rights and Diversity

1040.89–5(a), last sentence ............................... OEO Office of Civil Rights and Diversity

1040.89–5(b), introductory text .......................... OEO Office of Civil Rights and Diversity

1040.89–5(c), first sentence ............................... OEO Office of Civil Rights and Diversity

1040.89–6(b), second sentence ......................... OEO Office of Civil Rights and Diversity

1040.89–6(c), second sentence ......................... OEO Office of Civil Rights and Diversity

1040.89–6(e) ...................................................... OEO Office of Civil Rights and Diversity

1040.89–7(a)(1) .................................................. OEO Office of Civil Rights and Diversity

1040.89–7(a)(3) .................................................. OEO Office of Civil Rights and Diversity

1040.89–7(b), first sentence .............................. OEO Office of Civil Rights and Diversity

1040.89–9(a), introductory text .......................... Programs Programs or Activities

1040.89–9(a)(1), first sentence .......................... under the program or or activity involved

where

for a program activity in which

1040.89–9(c)(1) .................................................. OEO Office of Civil Rights and Diversity

76474 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

Section Remove Add

1040.89–9(c)(2), first sentence .......................... Federal

1040.89–11 ......................................................... OEO Office of Civil Rights and Diversity

1040.89–12(b)(2) ................................................ program or activity Federal financial assistance

1040.89–13(b), introductory text ........................ OEO Office of Civil Rights and Diversity

Dated: October 4, 2000.

T.J. Glauthier,

Deputy Secretary, Department of Energy.

SMALL BUSINESS ADMINISTRATION

13 CFR Chapter I

RIN 3245–AE58

Authority and Issuance

For the reasons set forth in the joint

preamble, SBA proposes to amend 13

CFR chapter I, parts 112 and 117 as set

forth below:

PART 112—NONDISCRIMINATION IN

FEDERALLY ASSISTED PROGRAMS

OF SBA—EFFECTUATION OF TITLE VI

OF THE CIVIL RIGHTS ACT OF 1964

1. The authority citation for part 112

continues to read as follows:

Authority: Sec. 602, 78 Stat. 252 (42 U.S.C.

2000d–1).

2. Section 112.2 is amended by

adding paragraph (e) to read as follows:

§ 112.2 Application of this part.

* * * * *

(e) The terms program or activity and

program mean all of the operations of

any entity described in paragraphs (e)(1)

through (4) of this section, any part of

which is extended Federal financial

assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (e)(1),(2),

or (3) of this section.

Appendix A to Part 112 [Amended]

3. The chart in appendix A to part 112

is amended by removing the heading

‘‘Name of program’’ and adding, in its

place, the heading ‘‘Name of Federal

financial assistance’; by removing the

heading ‘‘Financial Programs’’ and

adding, in its place, the heading

‘‘Federal Financial Assistance Involving

Grants of Funds’’; and by removing the

heading ‘‘Nonfinancial Programs’’ and

adding, in its place, the heading ‘‘Other

Federal Financial Assistance’’.

4. The note immediately following

appendix A to part 112 is amended by

removing the word ‘‘programs’’ and

adding, in its place, the words ‘‘types of

Federal financial assistance’’.

5. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

112.2(a) .............................................................. assistance under programs Federal financial assistance

112.3(b)(3), first sentence .................................. the program a program

112.8, last sentence ........................................... for each program

112.8, last sentence ........................................... in the program

PART 117—NONDISCRIMINATION IN

FEDERALLY ASSISTED PROGRAMS

OR ACTIVITIES OF SBA—

EFFECTUATION OF THE AGE

DISCRIMINATION ACT OF 1975, AS

AMENDED

6. The heading for part 117 is revised

to read as set forth above.

7. The authority citation for part 117

continues to read as follows:

Authority: Age Discrimination Act of 1975,

42 U.S.C. 6101 et seq.

8. Section 117.2 is amended by

revising paragraph (a) to read as follows:

§ 117.2 Application of this part.

(a) This part applies to all recipients

of Federal financial assistance

administered by the Small Business

Administration, whether or not the

specific type of Federal financial

assistance administered is listed in

appendix A.

* * * * *

9. Section 117.3 is amended by

redesignating paragraphs (j) through (m)

as paragraphs (k) through (n), and

adding a new paragraph (j) to read as

follows:

§ 117.3 Definitions.

* * * * *

(j) The term program or activity means

all of the operations of any entity

described in paragraphs (j)(1) through

(4) of this section, any part of which is

extended Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76475

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (j)(1),

(2), or (3) of this section.

* * * * *

Appendix A to Part 117 [Amended]

10. The chart in appendix A to part

117 is amended by removing the words

‘‘Name of program’’ and adding, in their

place, the words ‘‘Type of Federal

financial assistance’’.

11. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

117.1 ................................................................... programs programs or activities

117.3(j), first sentence ........................................ under any program

117.4(b)(2) .......................................................... programs programs or activities

117.5(b), first sentence ...................................... in a program

117.6(b) .............................................................. business or program program or activity

117.6(c) .............................................................. program program or activity

117.7, first sentence ........................................... under any program

117.7, last sentence ........................................... for each program,

117.7, last sentence ........................................... in the program

117.8(a), first sentence ...................................... programs and activities programs or activities

117.8(c) .............................................................. its program beneficiaries the beneficiaries of its programs or activities

117.15(a)(3), first sentence ................................ program

117.17(f) ............................................................. under the programs involved to which this regulation applies

117.17(f) ............................................................. assistance will assistance to which this regulation applies will

117.17(f) ............................................................. under such program

117.19(a)(9) ........................................................ program program or activity

117.20, first sentence ......................................... programs programs or activities

Dated: August 23, 2000.

Fred P. Hochberg,

Acting Administrator, Small Business

Administration.

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

14 CFR CHAPTER V

RIN 2700–AC41

Authority and Issuance

For the reasons set forth in the joint

preamble, NASA proposes to amend 14

CFR chapter V, parts 1250, 1251, and

1252 as set forth below:

PART 1250—NONDISCRIMINATION IN

FEDERALLY-ASSISTED PROGRAMS

OF NASA—EFFECTUATION OF TITLE

VI OF THE CIVIL RIGHTS ACT OF 1964

1. The authority citation for part 1250

continues to read as follows:

Authority: Sec. 602, 78 Stat. 252, 42 U.S.C.

2000d–1 and the laws listed in appendix A

to this part.

2. Section 1250.102 is amended by

revising paragraph (h) to read as

follows:

§ 1250.102 Definitions.

* * * * *

(h) Program or activity and program

mean all of the operations of any entity

described in paragraphs (h)(1) through

(4) of this section, any part of which is

extended Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in 20 U.S.C. 8801), system of

vocational education, or other school

system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (h)(1),

(2), or (3) of this section.

* * * * *

3. Section 1250.103–4 is amended by

revising paragraph (b) to read as follows:

§ 1250.103–4 Illustrative applications.

* * * * *

* * * * *

(b) In a research or training grant to

a university for activities to be

conducted in a graduate school,

discrimination in the admission and

treatment of students in the graduate

school is prohibited and the prohibition

extends to the entire university.

* * * * *

4. Section 1250.103–5 is amended by

revising the heading to read as follows:

76476 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

§ 1250.103–5 Special benefits.

* * * * *

5–6. Section 1250.104 is amended by

revising paragraph (c)(2) and by

removing paragraph (d)(2) and the

paragraph designation (d)(1), to read as

follows:

§ 1250.104 Assurances.

* * * * *

(c) * * *

(2) The assurances from such an

applicant shall be applicable to the

entire organization of the applicant.

* * * * *

7. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

1250.101(a)(1), first sentence ............................ federally-assisted programs and activities types of Federal financial assistance

1250.101(a)(1), second sentence ...................... program or activity type of Federal assistance

1250.101(a)(1), second sentence ...................... such program a program

1250.101(a)(1), last sentence ............................ programs types of Federal financial assistance

1250.101(a)(2) .................................................... under any such program

1250.101(b)(2) .................................................... extended under any such program extended

1250.101(b)(3) .................................................... beneficiary under any such program beneficiary

1250.101(b)(5) .................................................... programs types of Federal financial assistance

1250.101(b)(6) .................................................... programs types of Federal financial assistance

1250.102(f) ......................................................... for the purpose of carrying out a program

1250.102(i) ......................................................... for any program

1250.102(i) ......................................................... under any such program

1250.103–2(a), introductory text ........................ under any program

1250.103–3(b) .................................................... programs types of Federal financial assistance

1250.103–4(a) .................................................... programs services

1250.103–5 ......................................................... the benefits of a program benefits

1250.104(a), first sentence ................................ to carry out a program

1250.104(e), second sentence ........................... under a program of with

1250.104(e), last sentence ................................. program statute

1250.105(b), last sentence ................................. of any program under in

1250.105(d) ........................................................ program under program for

1250.108(e), first sentence ................................ programs Federal statutes, authorities, or other means

by which Federal financial assistance is extended and

1250.109(f) ......................................................... under the program involved to which this regulation applies

1250.109(f) ......................................................... assistance will assistance to which this regulation applies will

1250.109(f) ......................................................... under such program

1250.111(a), first sentence ................................ under such program

PART 1251—NONDISCRIMINATION ON

BASIS OF HANDICAP

8. The authority citation for part 1251

continues to read as follows:

Authority: 29 U.S.C. 794.

9. Section 1251.102 is amended by

adding paragraph (k) to read as follows:

§ 1251.102 Definitions.

* * * * *

(k) Program or activity means all of

the operations of any entity described in

paragraphs (k)(1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in 20 U.S.C. 8801), system of

vocational education, or other school

system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (k)(1),

(2), or (3) of this section.

§ 1251.103 [Amended]

10. In § 1251.103, the heading of

paragraph (c) is amended by removing

the word ‘‘Programs’’ and adding, in its

place, the words ‘‘Aid, benefits, or

services’’.

11. The heading of subpart 1251.3 of

part 1251 is revised to read as follows:

Subpart 1251.3—Accessibility

12. In § 1251.301, the heading and

first sentence of paragraph (a) are

revised to read as follows:

§ 1251.301 Existing facilities.

(a) Accessibility. A recipient shall

operate each program or activity to

which his part applies so that when

each part is viewed in its entirety it is

readily accessible to handicapped

persons. * * *

* * * * *

13. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column, and

add the text shown in the right column:

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76477

Section Remove Add

1251.101 ............................................................. or benefits from

1251.103(a) ........................................................ or benefits from

1251.103(b)(1)(v) ................................................ program program or activity

1251.103(b)(3) .................................................... program program or activity

1251.103(b)(3) .................................................... or benefiting from

1251.103(b)(4) .................................................... programs or activities aid, benefits, or services

1251.103(b)(5)(ii) ................................................ program program or activity

1251.103(b)(6)(i) ................................................. or benefits from

1251.103(b)(7) .................................................... or benefiting from

1251.103(c) ........................................................ the benefits of a program aid, benefits, or services

1251.103(c) ........................................................ from a program from aid, benefits, or services

1251.104(a), first sentence ................................ for a program activity

1251.104(a), first sentence ................................ the program the program or activity

1251.105(a)(3)(i) ................................................. program program or activity

1251.105(a)(3)(ii) ................................................ program program or activity

1251.105(a)(3)(iii) ............................................... program program or activity

1251.107(a), second sentence ........................... programs and activities programs or activities

1251.200(a)(2) .................................................... programs programs or activities

1251.200(a)(4), last sentence ............................ apprenticeship programs apprenticeships

1251.200(b)(8) .................................................... social those that are social

1251.200(b)(8) .................................................... programs

1251.200(d), last sentence ................................. apprenticeship programs apprenticeships

1251.201(a) ........................................................ program program or activity

1251.201(c), introductory text ............................ program program or activity

1251.201(c)(1) .................................................... program program or activity

1251.301(b), last sentence ................................. offer programs and activities to serve

1251.301(d)(3) .................................................... program accessibility accessibility under paragraph (a) of this section

PART 1252—NONDISCRIMINATION ON

THE BASIS OF AGE IN PROGRAMS OR

ACTIVITIES RECEIVING FEDERAL

FINANCIAL ASSISTANCE

14. The heading for part 1252 is

revised to read as set forth above.

15. The authority citation for part

1252 continues to read as follows:

Authority: Age Discrimination Act of 1975,

as amended, 42 U.S.C. 6101 et seq. (45 CFR

part 90).

16. Section 1252.102 is amended by

revising the heading to read as follows:

§ 1252.102 To what programs or activities

do these regulations apply?

* * * * *

17. Section 1252.103 is amended by

adding paragraph (n) to read as follows:

§ 1252.103 Definitions.

* * * * *

(n) Program or activity means all of

the operations of any entity described in

paragraphs (n)(1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in 20 U.S.C. 8801), system of

vocational education, or other school

system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (n)(1),

(2), or (3) of this section.

18. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

1252.100, last sentence ..................................... programs and activities programs or activities

1252.102(a) ........................................................ or benefits from

1252.203 ............................................................. program program or activity

1252.300 ............................................................. programs and activities programs or activities

1252.403(a)(2), last sentence ............................ program

1252.405(b), first sentence ................................ program activity program or activity

1252.405(c)(2), first sentence ............................ Federal

1252.409(b)(2) .................................................... program or activity Federal financial assistance

76478 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

Dated: September 11, 2000.

Daniel S. Goldin,

Administrator, National Aeronautics and

Space Administration.

DEPARTMENT OF COMMERCE

15 CFR Subtitle A

RIN 0690–AA30

Authority and Issuance

For the reasons set forth in the joint

preamble, DOC proposes to amend 15

CFR subtitle A, parts 8, 8b, and 20 as set

forth below:

PART 8—NONDISCRIMINATION IN

FEDERALLY-ASSISTED PROGRAMS

OF THE DEPARTMENT OF

COMMERCE—EFFECTUATION OF

TITLE VI OF THE CIVIL RIGHTS ACT

OF 1964

1. The authority citation for part 8

continues to read as follows:

Authority: Sec. 602, Civil Rights Act of

1964 (42 U.S.C. 2000d–1).

2. Section 8.3 is amended by revising

paragraph (g) to read as follows:

§ 8.3 Definitions.

* * * * *

(g) Program or activity and program

mean all of the operations of any entity

described in paragraphs (g)(1) through

(4) of this section, any part of which is

extended Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (g)(1),

(2), or (3) of this section.

* * * * *

3. Section 8.5 is amended by revising

paragraph (b)(10) to read as follows:

§ 8.5 Nondiscrimination clause.

* * * * *

(b) * * *

(10) In the case where any assurances

are required from an academic, a

medical care, detention or correctional,

or any other institution or facility,

insofar as the assurances relate to the

institution’s practices with respect to

the admission, care, or other treatment

of persons by the institution or with

respect to the opportunity of persons to

participate in the receiving or providing

of services, treatment, or benefits, such

assurances shall be applicable to the

entire institution or facility.

* * * * *

4. Section 8.6 is amended by revising

the heading of paragraph (a) to read as

follows:

§ 8.6 Applicability of this part to

Department assisted programs.

* * * * *

(a) Assistance to support economic

development. ***

* * * * *

Appendix A to Part 8 [Amended]

5. The heading for appendix A to part

8 is amended by removing the word

‘‘Programs’’ and adding, in its place, the

words ‘‘Federal Financial Assistance’’.

6. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

8.2(a), first sentence .......................................... federally assisted programs types of Federal financial assistance

8.2(a), last sentence ........................................... under any such program

8.2(b)(2) .............................................................. under any such program

8.2(b), second sentence ..................................... a program a type of Federal financial assistance

8.2(b), second sentnece ..................................... such program a program

8.2(b), last sentence ........................................... programs types of Federal financial assistance

8.3(i), first sentence ............................................ for or in connection with any program

8.3(i), last sentence ............................................ under any program

8.3(j) ................................................................... for the purpose of carrying out a program

8.4(b)(1), introductory text .................................. under any program to which this part applies

8.4(b)(1)(vii) ........................................................ where a program is applicable thereto

8.4(b)(2) .............................................................. under any program

8.4(b)(2) .............................................................. such program, or the class of persons to

whom

program, or the class of persons to whom

8.4(c)(1), third sentence ..................................... program plan

8.5(a), first sentence .......................................... to carry out a program

8.5(b)(3) .............................................................. That in a program involving When

8.5(b)(3) .............................................................. assistance, assistance is involved,

8.5(b)(5), third sentence ..................................... program statute

8.6, introductory text, second sentence ............. program type of Federal financial assistance

8.6(b), second sentence ..................................... student training programs instances of student training

8.7(b), last sentence ........................................... of any program under in

8.7(d) .................................................................. program under which program for which

8.12(e), first sentence ........................................ programs Federal statutes, authorities, or other means

by which Federal financial assistance is extended and

8.13(f) ................................................................. under the program involved to which this regulation applies

8.13(f) ................................................................. assistance will assistance to which this regulation applies will

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76479

Section Remove Add

8.13(f) ................................................................. under such program

8.15(a), introductory text, first sentence ............. under such program

PART 8b—PROHIBITION OF

DISCRIMINATION AGAINST THE

HANDICAPPED IN FEDERALLY

ASSISTED PROGRAMS OR

ACTIVITIES OF THE DEPARTMENT OF

COMMERCE

7. The heading for part 8b is revised

to read as set forth above.

8. The authority citation for part 8b is

revised to read as follows:

Authority: 29 U.S.C. 794.

9. Section 8b.3 is amended by

redesignating paragraphs (h) through (l)

as paragraphs (i) through (m),

respectively; and adding a new

paragraph (h) to read as follows:

§ 8b.3 Definitions.

* * * * *

(h) Program or activity means all of

the operations of any entity described in

paragraphs (h)(1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (h)(1),

(2), or (3) of this section.

* * * * *

10. Section 8b.4 is amended by

revising the heading of paragraph (c) to

read as follows:

§ 8b.4 Discrimination prohibited.

* * * * *

(c) Aid, benefits, or services limited by

Federal law. ***

* * * * *

Subpart C of 8b [Amended]

11. The heading for subpart C of part

8b is amended by removing the word

‘‘Program.’’

12. Section 8b.17 is amended by

revising the heading and first sentence

of paragraph (a) to read as follows:

§ 8b.17 Existing facilities.

(a) Accessibility. A recipient shall

operate each program or activity to

which this part applies so that when

each part is viewed in its entirety it is

readily accessible to qualified

handicapped individuals. * * *

* * * * *

12. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

8b.1, first sentence ............................................. or benefiting from

8b.1, last sentence ............................................. programs and activities programs or activities

8b.1, last sentence ............................................. or benefiting from

8b.2, first sentence ............................................. program program or activity

8b.2, first sentence ............................................. or benefiting from

8b.2, last sentence ............................................. program program or activity

8b.4(a) ................................................................ or benefits from

8b.4(b)(1)(v) ........................................................ program program or activity

8b.4(b)(3) ............................................................ programs or activities aid, benefits, or services

8b.4(b)(4)(ii) ........................................................ program program or activity

8b.4(b)(5)(i) ......................................................... or benefits from

8b.4(b)(6) ............................................................ or benefiting from

8b.4(b)(7)(i) ......................................................... under programs of Federal financial assistance

8b.4(c) ................................................................ the benefits of a program aid, benefits, or services

8b.4(c) ................................................................ from a program from aid, benefits, or services

8b.4(d) ................................................................ programs and activities programs or activities

8b.5(a), first sentence ........................................ for a program or activity

8b.5(a), first sentence ........................................ the program the program or activity

8b.5(b)(3) ............................................................ program program or activity

8b.5(d) ................................................................ a program the objectives of Federal financial assistance

8b.5(d) ................................................................ programs and activities programs or activities

8b.6(a)(3)(i) ......................................................... program program or activity

8b.6(a)(3)(ii) ........................................................ program program or activity

8b.8(a), second sentence ................................... programs and activities programs or activities

8b.10(a) .............................................................. programs programs or activities

8b.11(a)(1) .......................................................... or benefits from

8b.11(a)(3), last sentence .................................. apprenticeship programs apprenticeships

8b.12(a) .............................................................. program program or activity

76480 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

Section Remove Add

8b.12(b)(1) .......................................................... program program or activity

8b.12(c), introductory text .................................. program program or activity

8b.12(c)(1) .......................................................... program program or activity

8b.12(e) .............................................................. program program or activity

8b.17(a), third sentence ..................................... program aid, benefit, or service

8b.17(a), last sentence ....................................... Program accessibility Accessibility

8b.17(a), last sentence ....................................... program aid, benefit, or service

8b.17(b), last sentence ....................................... offer programs and activities to serve

8b.17(e)(3) .......................................................... program accessibility accessibility under § 8b.17(a)

8b.19 ................................................................... programs and activities programs or activities

8b.19 ................................................................... or benefit from

8b.21(a) .............................................................. program or activity aid, benefits, or services

8b.21(d) .............................................................. programs and activities program or activity

8b.22(a), second sentence ................................. program of

8b.22(c) .............................................................. in its program

8b.22(d)(1), first sentence .................................. under the education program or activity operated by the recipient

8b.25(a)(1), first sentence .................................. programs and activities aid, benefits, or services

PART 20—NONDISCRIMINATION ON

THE BASIS OF AGE IN PROGRAMS OR

ACTIVITIES RECEIVING FEDERAL

FINANCIAL ASSISTANCE

15. The authority citation for part 20

continues to read as follows:

Authority: Age Discrimination Act of

1975, as amended, 42 U.S.C. sec. 6101 et seq.

and the government-wide regulations

implementing the Act, 45 CFR Part 90.

16. The heading of § 20.2 is revised to

read as follows:

§ 20.2 Programs or activities to which

these regulations apply.

* * * * *

17. Section 20.3 is amended by

redesignating paragraphs (j) through (n)

as paragraphs (k) through (o),

respectively; and adding a new

paragraph (j) to read as follows:

§ 20.3 Definitions.

* * * * *

(j) Program or activity means all of the

operations of any entity described in

paragraphs (j)(1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (j)(1),(2),

or (3) of this section.

* * * * *

18. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

20.1, last sentence ............................................. programs and activities programs or activities

20.2(a) ................................................................ or benefits from

20.4(d) ................................................................ program program or activity

20.7, introductory text ......................................... programs and activities programs or activities

20.7(a), first sentence program program or activity

20.13(a)(2),last sentence program

20.15(a)(1), last sentence program program or activity

20.15(b) program and activity program or activity

20.15(c)(2), first sentence Federal

20.18(b)(2) program or activity Federal financial assistance

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76481

Dated: August 11, 2000.

Lawrence N. Self,

Acting Director, Office of Civil Rights,

Department of Commerce.

TENNESSEE VALLEY AUTHORITY

18 CFR Chapter XIII

RIN 3316–AA20

Authority and Issuance

For the reasons set forth in the joint

preamble, TVA proposes to amend 18

CFR chapter XIII, parts 1302, 1307, and

1309 as set forth below:

PART 1302—NONDISCRIMINATION IN

FEDERALLY ASSISTED PROGRAMS

OF TVA—EFFECTUATION OF TITLE VI

OF THE CIVIL RIGHTS ACT OF 1964

1. The authority citation for part 1302

continues to read as follows:

Authority: TVA Act, 48 Stat. 58 (1933), as

amended, 16 U.S.C. 831–831dd, and sec. 602

of the Civil Rights Act of 1964, 78 Stat. 252,

42 U.S.C. 2000d–1.

2. Section 1302.3 is amended by

adding a new paragraph (e) to read as

follows:

§ 1302.3 Definitions.

* * * * *

(e) Program or activity and program

refer to all of the operations of any

entity described in paragraphs (e)(1)

through (4) of this section, any part of

which is extended Federal financial

assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (e)(1),

(2), or (3) of this section.

3. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

1302.2, introductory text, first sentence ............. program in which program for which

1302.2, introductory text, second sentence ....... programs types of Federal financial assistance

1302.2(b) ............................................................ under any such program

1302.2(c) ............................................................ under any such program

1302.2, concluding text, first sentence ............... a program a type of Federal financial assistance

1302.2, concluding text, first sentence ............... such program a program

1302.2, concluding text, last sentence ............... programs types of Federal financial assistance

1302.4(b)(1), introductory text ............................ under any program or activity

1302.5(a), last sentence ..................................... in the program

1302.5(b), first sentence .................................... through a program of with

1302.5(b), second sentence ............................... under a program of with

1302.5(b), third sentence ................................... program statute

1302.6(b), last sentence ..................................... of any program under in

1302.6(d) ............................................................ program under which program for which

1302.7(b)(3)(ii) .................................................... program programs

1302.7(c)(3)(ii)(B) ............................................... program programs

1302.9(e), first sentence .................................... programs Federal statutes, authorities, or other means

by which Federal financial assistance is extended and

1302.10(f) ........................................................... under the program involved to which this regulation applies

1302.10(f) ........................................................... assistance will assistance to which this regulation applies will

1302.10(f) ........................................................... under such program

1302.12(a), introductory text, first sentence ....... under such program

PART 1307—NONDISCRIMINATION

WITH RESPECT TO HANDICAP

4. The authority citation for part 1307

continues to read as follows:

Authority: TVA Act, 48 Stat. 58 (1933) as

amended, 16 U.S.C. 831–831dd (1976) and

sec. 504 of the Rehabilitation Act of 1973,

Pub. L. 93–112, as amended, 29 U.S.C. 794

(1976; Supp. II 1978).

5. Section 1307.1 is amended by

adding paragraph (k) to read as follows:

§ 1307.1 Definitions.

* * * * *

(k) Program or activity means all of

the operations of any entity described in

paragraphs (k)(1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

76482 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (k)(1),

(2), or (3) of this section.

6. The heading of § 1307.4 is revised

to read as follows:

§ 1307.4 Discrimination prohibited.

* * * * *

7. Section 1307.6 is amended by

revising the section heading and the

first sentence of paragraph (b)(1) to read

as follows:

§ 1307.6 Accessibility.

* * * * *

(b) * * *

(1) Each program or activity subject to

this part shall be operated so that when

each part is viewed in its entirety it is

readily accessible to and usable by

qualified handicapped persons. * * *

* * * * *

8. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

1307.3, first sentence ......................................... program in which program or activity for which

1307.3, first sentence ......................................... under any program

1307.3, first sentence ......................................... under any such program

1307.4(b)(1), introductory text ............................ under any program

1307.4(b)(1)(i) ..................................................... program program or activity

1307.4(b)(1)(ii) .................................................... program program or activity

1307.4(b)(1)(iii) ................................................... program program or activity

1307.4(b)(1)(iv) ................................................... program program or activity

1307.4(b)(1)(v) .................................................... program program or activity

1307.4(b)(1)(vi) ................................................... program program or activity

1307.4(b)(1)(vii) .................................................. program program or activity

1307.4(b)(2) ........................................................ program program or activity

1307.4(b)(2) ........................................................ activities aid, benefits, or services

1307.4(b)(3)(ii) .................................................... program program or activity

1307.4(b)(4) ........................................................ program, program or activity,

1307.4(b)(4)(i) ..................................................... program program or activity

1307.4(c) ............................................................ the benefits of a program aid, benefits, or services

1307.4(c) ............................................................ from a program from aid, benefits, or services

1307.4(d), first sentence .................................... programs and activities programs or activities

1307.4(d), last sentence ..................................... programs aid, benefits, or services

1307.5(c)(8) ........................................................ social those that are social

1307.5(c)(8) ........................................................ programs

1307.5(d) ............................................................ apprenticeship programs apprenticeships

1307.5(e)(2)(i) ..................................................... programs programs or activities

1307.6(a) ............................................................ program program or activity

1307.6(b)(1), third sentence ............................... program

1307.6(b)(1), last sentence ................................ programs or activities aid, benefits, or services

1307.6(b)(2), introductory text, second sentence make covered programs or activities in existing facilities recipient accessiblecomply with paragraph (b)(1) of this section

1307.6(c), second sentence ............................... program

1307.6(c), fourth sentence ................................. program

1307.6(d)(1) ........................................................ program program or activity

1307.7(a), last sentence ..................................... in the program

1307.7(b), first sentence .................................... through a program of with

1307.7(b), second sentence ............................... under a program of with

1307.7(b), third sentence ................................... program statute

1307.8(b), last sentence ..................................... of any program under in

1307.8(d) ............................................................ program under which program or activity for which

1307.10(c), last sentence ................................... program program or activity

1307.11(e) first sentence ................................... programs Federal statutes, authorities, or other means

by which Federal financial assistance is extended and

1307.12(f) ........................................................... under the program involved to which this regulation applies

1307.12(f) ........................................................... assistance will assistance to which this regulation applies will

1307.12(f) ........................................................... under such program

1307.13(a)(2) ...................................................... program program or activity

1307.13(b), first sentence .................................. programs programs or activities

PART 1309—NONDISCRIMINATION

WITH RESPECT TO AGE

9. The authority citation for part 1309

continues to read as follows:

Authority: TVA Act of 1933, 48 Stat. 58

(1933), as amended, 16 U.S.C. 831–831dd

(1976), and sec. 304 of the Age

Discrimination Act of 1975, 89 Stat. 729

(1975), as amended, 42 U.S.C. 6103 (1976).

10. Section 1309.1 is amended by

adding paragraph (m) to read as follows:

§ 1309.1 What are the defined terms in this

part and what do they mean?

* * * * *

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76483

(m) Program or activity means all of

the operations of any entity described in

paragraphs (m)(1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (m)(1),

(2), or (3) of this section.

11. The heading for § 1309.4 is revised

to read as follows:

§ 1309.4 What programs or activities are

covered by the Act and this part?

* * * * *

12. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

1309.2, last sentence ......................................... programs and activities programs or activities

1309.9(a), last sentence ..................................... in the program

1309.9(b), second sentence ............................... under a program of with

1309.9(b), third sentence ................................... program statute

1309.10(a), first sentence .................................. programs and activities programs or activities

1309.12(a), last sentence ................................... of any program under in

1309.12(c) .......................................................... program under which program or activity for which

1309.14(a), third sentence ................................. program

1309.14(d)(2), last sentence .............................. program

1309.15(b), first sentence .................................. program program

139.15(c)(2), first sentence ................................ the TVA program the program

1309.16, last sentence ....................................... program or activity Federal financial assistance

1309.17(e), first sentence .................................. programs Federal statutes, authorities, of other means

by which Federal financial assistance is extended and

1309.17(f)(3) ....................................................... under the program involved to which this regulation applies

1309.17(f)(3) ....................................................... assistance will assistance to which this regulations applies

will

1309.17(f)(3) ....................................................... under such program

1309.18(c) .......................................................... program program or activity

Dated: August 30, 2000.

Franklin E. Alford,

Manager, Supplier and Diverse Business

Relations, Tennessee Valley Authority.

DEPARTMENT OF STATE

22 CFR Chapter I

RIN 1400–AB17

Authority and Issuance

For the reasons set forth in the joint

preamble, the Department of State

proposes to amend 22 CFR chapter I,

parts 141 through 143 as set forth below:

PART 141—NONDISCRIMINATION IN

FEDERALLY–ASSISTED PROGRAMS

OF THE DEPARTMENT OF STATE—

EFFECTUATION OF TITLE VI OF THE

CIVIL RIGHTS ACT OF 1964

1. The authority citation for part 141

continues to read as follows:

Authority: Sec. 602, 78 Stat. 252, sec. 4, 63

Stat. 111, as amended; 42 U.S.C. 2000d–1, 22

U.S.C. 2658.

2. Section 141.3 is amended by

revising the heading of paragraph (c) to

read as follows:

§ 141.3 Discrimination prohibited.

* * * * *

(c) Special benefits. * * *

* * * * *

3. Section 141.4 is amended by

revising paragraph (b)(2) to read as

follows:

§ 141.4 Assurances required.

* * * * *

(b) * * * (2) The assurance required

with respect to an institution of higher

education, or any other institution,

insofar as the assurance relates to the

institution’s practices with respect to

admission or other treatment of

individuals as students, or clients of the

institution or to the opportunity to

participate in the provision of services

or other benefits to such individuals,

shall be applicable to the entire

institution.

* * * * *

4. Section 141.12 is amended by

revising paragraph (f) to read as follows:

§ 141.12 Definitions.

* * * * *

(f) The terms program or activity and

program mean all of the operations of

any entity described in paragraphs (f)(1)

through (4) of this section, any part of

which is extended Federal financial

assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

76484 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or (ii) A

local educational agency (as defined in

section 8801 of title 20), system of

vocational education, or other school

system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (f)(1),

(2), or (3) of this section.

* * * * *

Appendix A to Part 141 [Amended]

5. The heading for appendix A to part

141 is amended by removing the words

‘‘Grants and Activities’’ and adding, in

their place, the words ‘‘Federal

Financial Assistance’’.

6. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

141.2, first sentence ........................................... federally-assisted programs and activities. types of Federal financial assistance

141.2, second sentence ..................................... under any such program

141.2(b) .............................................................. under any such program

141.2(c) .............................................................. under any such program

141.2, penultimate .............................................. program or activity type of Federal financial assistance

141.2, penultimate .............................................. such program a program sentence

141.3(b)(1), introductory text .............................. under any program

141.3(c) .............................................................. the benefits of a program benefits

141.4(a)(1), first sentence .................................. to carry out a program

141.4(a)(2), third sentence ................................. a program of

141.4(a)(3), first sentence .................................. for each program,

141.4(a)(3), first sentence .................................. in the program

141.4(b)(1) .......................................................... a student loan program student loans

141.5(b), last sentence ....................................... of any program under in

141.5(d) .............................................................. program under which program for which

141.8(e), first sentence ...................................... programs Federal statutes, authorities, or other means

by which Federal financial assistance is extended and

141.9(f) ............................................................... under the program involved to which this regulation applies

141.9(f) ............................................................... assistance will assistance to which this regulation applies will

141.9(f) ............................................................... under such program

141.12(c) ............................................................ the program extending

141.12(g) ............................................................ for any program,

141.12(g) ............................................................ under any such program

141.12(h) ............................................................ for the purpose of carrying out a program

PART 142—NONDISCRIMINATION ON

THE BASIS OF HANDICAP IN

PROGRAMS OR ACTIVITIES

RECEIVING FEDERAL FINANCIAL

ASSISTANCE

7. The heading for part 142 is revised

to read as set forth above.

8. The authority citation for part 142

continues to read as follows:

Authority: 29 U.S.C. 794.

9. Section 142.3 is amended by

adding paragraph (m) to read as follows:

§ 142.3 Definitions.

* * * * *

(m) Program or activity means all of

the operations of any entity described in

paragraphs (m)(1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or (ii) The entity of such

State or local government that

distributes such assistance and each

such department or agency (and each

other State or local government entity)

to which the assistance is extended, in

the case of assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (m)(1),

(2), or (3) of this section.

10. Section 142.4 is amended by

revising the heading of paragraph (c) to

read as follows:

§ 142.4 Discrimination prohibited.

* * * * *

(c) Aid, benefits, or services limited by

Federal law. ***

* * * * *

11. The heading for subpart C is

revised to read as follows:

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76485

Subpart C—Accessibility

12. Section 142.16 is amended by

revising the heading and first sentence

of paragraph (a) to read as follows:

§ 142.16 Existing facilities.

(a) Accessibility. A recipient shall

operate each program or activity to

which this part applies so that when

each part is viewed in its entirety it is

readily accessible to and usable by

handicapped persons. * * *

* * * * *

Appendix to Part 142 [Amended]

13. The heading for appendix A to

part 142 is amended by removing the

words ‘‘Grants and Activities’’ and

adding, in their place, the words

‘‘Federal Financial Assistance’’.

14. The introductory text for appendix

A to part 142 is amended by removing

the words ‘‘Programs of’’ and adding, in

their place, the words ‘‘Types of

Federal’’.

15. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

142.2, introductory text, first sentence ............... all programs all programs or activities

142.2, introductory text, first sentence ............... federally-assisted programs and activities types of Federal financial assistance

142.2, introductory text, second sentence ......... under any such program

142.2(b) .............................................................. under any such program

142.2(c) .............................................................. under any such program

142.2(d), last sentence ....................................... program Federal financial assistance

142.4(a) .............................................................. or benefits from

142.4(b)(1)(v) ...................................................... recipients program recipient’s program or activity

142.4(b)(3) .......................................................... programs or activities aid, benefits, or services

142.4(b)(4)(ii) ...................................................... program program or activity

142.4(b)(5)(i) ....................................................... or benefits from

142.4(b)(6) .......................................................... or benefiting from

142.4(c) .............................................................. the benefits of a program aid, benefits, or services

142.4(d) .............................................................. programs and activities programs or activities

142.4(e) .............................................................. programs and activities programs or activities

142.5(a), first sentence ...................................... for a program or activity

142.5(a), first sentence ...................................... program will program or activity will

142.6(a)(3)(i) ....................................................... program program or activity

142.6(a)(3)(ii) ...................................................... program program or activity

142.8(a), second sentence ................................. programs and activities programs or activities

142.11(a)(3), last sentence ................................ apprenticeship programs apprenticeships

142.11(b)(8) ........................................................ social those that are social

142.11(b)(8) ........................................................ programs

142.12(a) ............................................................ program program or activity

142.12(c), introductory text ................................ program program or activity

142.12(c)(1) ........................................................ program program or activity

142.16(b), last sentence ..................................... offer programs and activities to serve

142.16(d)(3) ........................................................ program accessibility accessibility under paragraph (a) of this section

142.41 ................................................................. programs and activities programs or activities

142.41 ................................................................. or benefit from

142.43(a) ............................................................ program or activity aid, benefits, or services

142.43(b) ............................................................ programs activities programs or activities

142.43(d) ............................................................ programs and activities programs or activities

142.44(a), second sentence ............................... program of

142.44(c) ............................................................ in its program

142.44(d)(1) ........................................................ under the education program or activity operated by the recipient

142.47(a)(1), first sentence ................................ programs and activities aid, benefits, or services

142.61 ................................................................. programs and activities programs or activities

142.61 ................................................................. or benefit from

PART 143—NONDISCRIMINATION ON

THE BASIS OF AGE IN PROGRAMS OR

ACTIVITIES RECEIVING FEDERAL

FINANCIAL ASSISTANCE

16. The authority citation for part 143

is revised to read as follows:

Authority: Age Discrimination Act of 1975,

as amended (42 U.S.C. 6101 et seq.); 22

U.S.C. 2658; 45 CFR part 90.

17. The heading of § 143.2 is revised

to read as follows:

§ 143.2 To what programs or activities do

these regulations apply?

* * * * *

18. Section 143.3 is amended by

redesignating paragraphs (b)(2) and

(b)(3) as paragraphs (b)(3) and (b)(4) and

adding a new paragraph (b)(2) to read as

follows:

§ 143.3 Definitions.

* * * * *

(b) * * *

(2) Program or activity means all of

the operations of any entity described in

paragraphs (b)(2)(i) and (iv) of this

section, any part of which is extended

Federal financial assistance:

(i)(A) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(B) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(ii)(A) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(B) A local educational agency (as

defined in section 8801 of title 20),

76486 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

system of vocational education, or other

school system;

(iii)(A) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(1) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(2) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(B) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(iv) Any other entity which is

established by two or more of the

entities described in paragraph (b)(2)(i),

(ii), or (iii) of this section.

* * * * *

Appendix A to Part 143 [Amended]

19. The heading for appendix A to

part 143 is amended by removing the

word ‘‘Programs’’ and adding, in its

place, the words ‘‘Federal Financial

Assistance’’.

20. The undesignated center heading

in appendix A to part 143 is amended

by removing the words ‘‘Programs of’’

and adding, in their place, the words

‘‘Types of Federal’’.

Appendix B to Part 143 [Amended]

21. The heading for appendix B to

part 143 is amended by removing the

word ‘‘Programs’’ and adding, in its

place, the words ‘‘Federal Financial

Assistance’’.

22. The undesignated center heading

in appendix B to part 143 is amended

by removing the words ‘‘Programs of’’

and adding, in their place, the words

‘‘Types of Federal’’.

Appendix C to Part 143 [Amended]

23. The heading for appendix C to

part 143 is amended by removing the

word ‘‘Programs’’ and adding, in its

place, the words ‘‘Federal Financial

Assistance’’.

24. The undesignated center heading

in appendix C to part 143 is amended

by removing the words ‘‘Program of’’

and adding, in their place, the words

‘‘Types of Federal’’.

25. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

143.1, last sentence ........................................... programs and activities programs or last activities

143.2 ................................................................... or benefits from

143.21 ................................................................. programs and activities programs or activities

143.34(a)(2), last sentence ................................ program

143.36(c)(2), first sentence ................................ Federal

143.39(b)(2) ........................................................ program or activity Federal financial assistance

Dated: August 24, 2000.

Bonnie Cohen,

Under Secretary of State for Management.

AGENCY FOR INTERNATIONAL

DEVELOPMENT

22 CFR Chapter II

RIN 0412–AA45

Authority and Issuance

For the reasons set forth in the joint

preamble, AID proposes to amend 22

CFR chapter II, parts 209, 217, and 218,

as set forth below:

PART 209—NONDISCRIMINATION IN

FEDERALLY-ASSISTED PROGRAMS

OF THE AGENCY FOR

INTERNATIONAL DEVELOPMENT—

EFFECTUATION OF TITLE VI OF THE

CIVIL RIGHTS ACT OF 1964

1. The authority citation for part 209

continues to read as follows:

Authority: Sec. 602, 78 Stat. 252, and sec.

621, Foreign Assistance Act of 1961, 75 Stat.

445; 22 U.S.C. 2402.

2. Section 209.3 is amended by

revising paragraph (g) to read as follows:

§ 209.3 Definitions.

* * * * *

(g) The terms program or activity and

program mean all of the operations of

any entity described in paragraphs (g)(1)

through (4) of this section, any part of

which is extended Federal financial

assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (g)(1),

(2), or (3) of this section.

* * * * *

3. Section 209.5 is amended by

revising paragraph (b)(2) to read as

follows:

§ 209.5 Assurance required.

* * * * *

(b) * * *

(2) The assurance required with

respect to an institution of higher

education or any other institution,

insofar as the assurance relates to the

institution’s practices with respect to

admission or other treatment of

individuals as students or clients of the

institution or to the opportunity to

participate in the provision of services

or other benefits to such individuals,

shall be applicable to the entire

institution.

4. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76487

Section Remove Add

209.2, first sentence ........................................... federally assisted programs and activities types of Federal financial assistance

209.2, second sentence ..................................... under any such program

209.2(b) .............................................................. under any such program

209.2(c) .............................................................. under any such program

209.2, last sentence ........................................... program Federal financial assistance

209.3(f) ............................................................... for the purpose of carrying out a program

209.3(h) .............................................................. for any program,

209.3(h) .............................................................. under any such program

209.4(b)(1), introductory text .............................. under any program

209.5(a)(1), first sentence .................................. to carry out a program

209.5(a)(1), first sentence .................................. except a program except an application

209.5(a)(1), fifth sentence .................................. for each program

209.5(a)(1), fifth sentence .................................. in the program

209.5(a)(2), first sentence .................................. through a program of with

209.5(a)(2), second sentence ............................ under a program of with

209.5(a)(2), third sentence ................................. program statute

209.5(b)(1) .......................................................... for a student assistance program for student assistance

209.6(b), last sentence ....................................... of any program under in

209.6(d) .............................................................. under for

209.9(e), first sentence ...................................... programs Federal statutes, authorities, or other means

by which Federal financial assistance is extended and

209.10(e) ............................................................ under the program involved to which this regulation applies

209.10(e) ............................................................ assistance will assistance to which this regulation applies will

209.10(e) ............................................................ under such program

209.12(a),first sentence ...................................... under such program

209.13 ................................................................. programs Federal financial assistance

PART 217—NONDISCRIMINATION ON

THE BASIS OF HANDICAP IN

PROGRAMS OR ACTIVITIES

RECEIVING FEDERAL FINANCIAL

ASSISTANCE

5. The heading for part 217 is revised

to read as set forth above.

6. The authority citation for part 217

continues to read as follows:

Authority: 29 U.S.C. 794, unless otherwise

noted.

7. Section 217.3 is amended by

adding a new paragraph (l) to read as

follows:

§ 217.3 Definitions.

* * * * *

(l) Program or activity means all of the

operations of any entity described in

paragraphs (l)(1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (l)(1),

(2), or (3) of this section.

8. Section 217.4 is amended by

revising the heading of paragraph (c) to

read as follows:

§ 217.4 Discrimination prohibited.

* * * * *

(c) Aid, benefits, or services limited by

Federal law. ***

Subpart C of Part 217 [Amended]

9. The heading for subpart C is

amended by removing the word

‘‘Program’’.

10. Section 217.22 is amended by

revising the heading and first sentence

of paragraph (a) to read as follows:

§ 217.22 Existing facilities.

(a) Accessibility. A recipient shall

operate each program or activity to

which this part applies so that when

each part is viewed in its entirety it is

readily accessible to handicapped

persons. * * *

* * * * *

11. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

217.2, first sentence ........................................... programs carried programs or activities carried

217.2, first sentence ........................................... federally assisted programs and activities types of Federal financial assistance

217.2, second sentence ..................................... under any such program

217.2(b) .............................................................. under any such program

217.2(c) .............................................................. under any such program

217.2, last sentence ........................................... program Federal financial assistance

76488 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

Section Remove Add

217.4(a) .............................................................. or benefits from

217.4(b)(1)(v) ...................................................... program program or activity

217.4(b)(3) .......................................................... programs or activities aid, benefits, or service

217.4(b)(4)(ii) ...................................................... program program or activity

217.4(b)(5)(i) ....................................................... or benefits from

217.4(b)(6) .......................................................... or benefiting from

217.4(c) .............................................................. the benefits of a program aid, benefits, or services

217.4(c) .............................................................. from a program from aid, benefits, or services

217.5(a), first sentence ...................................... for a program or activity

217.5(a), first sentence ...................................... the program the program or activity

217.6(a)(3)(i) ....................................................... program program or activity

217.6(a)(3)(ii) ...................................................... program program or activity

217.6(a)(3)(iii) ..................................................... program program or activity

217.8(a), second sentence ................................. programs and activities programs or activities

217.11(a)(3), last sentence ................................ apprenticeship programs apprenticeships

217.11(b)(8) ........................................................ social those that are social or recreational

217.11(b)(8) ........................................................ programs

217.12(a) ............................................................ program program or activity

217.12(c), introductory text ................................ program program or activity

217.12(c)(1) ........................................................ program program or activity

217.14(b) ............................................................ programs program

217.22(b), last sentence ..................................... offer programs and activities to serve

217.22(d)(3) ........................................................ program accessibility accessibility under § 217.22(a)

217.41 ................................................................. programs and activities programs or activities

217.41 ................................................................. or benefit from

217.43(a) ............................................................ program or activity aid, benefits, or services

217.43(d) ............................................................ programs and activities program or activity

217.44(a), second sentence ............................... program of

217.44(c) ............................................................ in its program

217.44(d)(1) ........................................................ under the education program or activity operated by the recipient

217.47(a)(1), first sentence ................................ programs and activities aid, benefits, or services

PART 218—NONDISCRIMINATION ON

THE BASIS OF AGE IN PROGRAMS OR

ACTIVITIES RECEIVING FEDERAL

FINANCIAL ASSISTANCE

12. The authority citation for part 218

continues to read as follows:

Authority: Age Discrimination Act of 1975,

as amended, 42 U.S.C. 6101 et seq.; 45 CFR

part 90; 22 U.S.C. 2658, unless otherwise

noted.

13. The heading for § 218.02 is revised

to read as follows:

§ 218.02 To what programs or activities do

these regulations apply?

* * * * *

14. Section 218.03 is amended by

adding paragraph (b)(4) to read as

follows:

§ 218.03 Definitions.

* * * * *

(b) * * *

(4) Program or activity means all of

the operations of any entity described in

paragraphs (b)(4)(i) through (iv) of this

section, any part of which is extended

Federal financial assistance:

(i)(A) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(B) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(ii)(A) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(B) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(iii)(A) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(1) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(2) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(B) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(iv) Any other entity which is

established by two or more of the

entities described in paragraph (b)(4)(i),

(ii), or (iii) of this section.

Appendices A, B, and C to Part 218

[Amended]

15. The headings for appendices A, B,

and C to part 218 are amended by

removing the words ‘‘Affected

Programs’’ and adding, in their place,

the words ‘‘Types of Federal Financial

Assistance’’.

16. The undesignated center headings

immediately following the headings for

appendices A and B to part 218 are

amended by removing the words

‘‘Programs of’’ and adding, in their

place, the word ‘‘Federal’’.

17. The undesignated center heading

immediately following the heading for

Appendix C to part 218 is amended by

removing the words ‘‘Program of’’ and

adding, in their place, the word

‘‘Federal’’.

18. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76489

Section Remove Add

218.01, last sentence ......................................... programs and activities programs or activities

218.02 ................................................................. or benefits from

218.21 ................................................................. programs and activities program or activities

218.34(a)(2), last sentence ................................ program

218.36(c)(2) ........................................................ Federal

218.39(b)(2) ........................................................ program or activity Federal financial assistance

Dated: August 23, 2000.

Jessalyn L. Pendarvis,

Director, Office of Equal Opportunity

Programs, Agency for International

Development.

DEPARTMENT OF JUSTICE

28 CFR Chapter I

[A.G. Order No. 2334–2000]

RIN 1190–AA49

Authority and Issuance

For the reasons set forth in the joint

preamble, DOJ proposes to amend 28

CFR chapter I, part 42 as set forth below:

PART 42—NONDISCRIMINATION;

EQUAL EMPLOYMENT OPPORTUNITY;

POLICIES AND PROCEDURES

Subpart C—Nondiscrimination in

Federally Assisted Programs—

Implementation of Title VI of the Civil

Rights Act of 1964 1

1See also 28 CFR 5. Guidelines for

enforcement of Title VI, Civil Rights Act.

1. The authority citation for subpart C

is revised to read as follows:

Authority: 42 U.S.C. 2000d—2000d–7; E.O.

12250, 45 FR 72995, 3 CFR, 1980 Comp., p.

298.

2. Section 42.102 is amended by

revising paragraph (d) to read as

follows:

§ 42.102 Definitions.

* * * * *

(d) The terms program or activity and

program mean all of the operations of

any entity described in paragraphs (d)(1)

through (4) of this section, any part of

which is extended Federal financial

assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (d)(1),

(2), or (3) of this section.

* * * * *

3. Section 42.104 is amended by

revising paragraph (b)(4) to read as

follows:

§ 42.104 Discrimination prohibited.

* * * * *

(b) * * *

(4) For the purposes of this section the

disposition, services, financial aid, or

benefits provided under a program

receiving Federal financial assistance

shall be deemed to include all portions

of the recipient’s program or activity,

including facilities, equipment, or

property provided with the aid of

Federal financial assistance.

* * * * *

4. Section 42.105 is amended by

revising paragraph (b), paragraph (c)(2),

and the heading of paragraph (d) to read

as follows:

§ 42.105 Assurance required.

* * * * *

(b) Assurances from government

agencies. In the case of any application

from any department, agency, or office

of any State or local government for

Federal financial assistance for any

specified purpose, the assurance

required by this section shall extend to

any other department, agency, or office

of the same governmental unit if the

policies of such other department,

agency, or office will substantially affect

the project for which Federal financial

assistance is requested.

(c) * * *

(2) The assurance required with

respect to an academic institution,

detention or correctional facility, or any

other institution or facility, insofar as

the assurance relates to the institution’s

practices with respect to admission or

other treatment of individuals as

students, patients, wards, inmates,

persons subject to control, or clients of

the institution or facility or to the

opportunity to participate in the

provision of services, disposition,

treatment, or benefits to such

individuals, shall be applicable to the

entire institution or facility.

(d) Continuing Federal financial

assistance. ***

* * * * *

5. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

42.102(f) ............................................................. for any program,

42.102(f) ............................................................. under any such program

42.102(g) ............................................................ for the purpose of carrying out a program

42.103, introductory text, second sentence ....... under any such program

42.104(b)(1), introductory text ............................ under any program

42.105(a)(1), first sentence ................................ to carry out a program

42.105(a)(1), fourth sentence ............................. for each program

76490 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

Section Remove Add

42.105(a)(1), fourth sentence ............................. in the program

42.105(a)(2), first sentence ................................ through a program of with

42.105(a)(2), second sentence .......................... under a program of with

42.105(a)(2), last sentence ................................ program statute

42.105(d), introductory text ................................ administering a program which receives applying for

42.106(b), last sentence ..................................... of any program under in

42.106(d) ............................................................ program under which program for which

42.109(e), first sentence .................................... programs Federal statutes, authorities, or other means

by which Federal financial assistance is extended and

42.110(f) ............................................................. under the program involved to which this regulation applies

42.110(f) ............................................................. assistance will assistance to which this regulation applies will

42.110(f) ............................................................. under such program

6. The heading for subpart G is

revised to read as follows:

Subpart G—Nondiscrimination Based

on Handicap in Federally Assisted

Programs or Activities—Implementation of Section 504 of the

Rehabilitation Act of 1973

7. The authority citation for subpart G

continues to read as follows:

Authority: 5 U.S.C. 301; 28 U.S.C. 509,

510; 29 U.S.C. 706, 794; E.O. 12250.

§ 42.520 [Amended]

8. The undesignated center heading

immediately preceding § 42.520 is

amended by removing the word

‘‘Program.’’

9. Section 42.521 is amended by

revising the heading and first sentence

of paragraph (a) to read as follows:

§ 42.521 Existing facilities.

(a) Accessibility. A recipient shall

operate each program or activity to

which this subpart applies so that when

each part is viewed in its entirety it is

readily accessible to and usable by

handicapped persons. * * *

* * * * *

10. Section 42.540 is amended by

revising paragraph (h) to read as

follows:

§ 42.540 Definitions.

* * * * *

(h) Program or activity means all of

the operations of any entity described in

paragraphs (h) (1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (h)(1),

(2), or (3) of this section.

* * * * *

Appendix A to Subpart 6 of Part 42

[Amended]

11. The Note in appendix A to subpart

G is amended by removing the word

‘‘program’’ and adding, in its place, the

words ‘‘program or activity.’’

12. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

42.501 ................................................................. program program or activity

42.502, first sentence ......................................... program program or activity

42.502, first sentence ......................................... or benefiting from

42.502, last sentence ......................................... program program or activity

42.503(a) ............................................................ program program or activity

42.503(a) ............................................................ or benefiting from

42.503(b)(1), introductory text ............................ program program or activity

42.503(b)(1)(i) ..................................................... program program or activity

42.503(b)(1)(ii) .................................................... program program or activity

42.503(b)(1)(iv) ................................................... program program or activity

42.503(b)(1)(vi) ................................................... program program or activity

42.503(b)(2) ........................................................ program program or activity

42.503(b)(2) ........................................................ program aid, benefits, or services

42.503(b)(3) ........................................................ program program or activity

42.503(b)(4) ........................................................ program program or activity

42.503(b)(5) ........................................................ a program aid, benefits, or services

42.503(b)(5) ........................................................ any program any program or activity

42.503(b)(6) ........................................................ program entity

42.503(c) ............................................................ programs aid, benefits, or services

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76491

Section Remove Add

42.503(d) ............................................................ programs programs or activities

42.503(f), first sentence ..................................... program program or activity

42.504(a), first sentence .................................... program program or activity

42.504(a), second sentence ............................... for each of its assistance programs

42.504(a), second sentence ............................... program program or activity

42.504(b) ............................................................ program program or activity

42.505(a), last sentence ..................................... program program or activity

42.505(b) ............................................................ program program or activity

42.505(f)(1), second sentence ........................... programs programs or activities

42.510(a)(1) ........................................................ program program or activity

42.510(a)(1) ........................................................ or benefiting from

42.510(a)(2) ........................................................ program program or activity

42.510(a)(3), last sentence ................................ apprenticeship programs apprenticeships

42.510(b)(7) ........................................................ social those that are social

42.510(b)(7) ........................................................ programs

42.511(a) ............................................................ program program or activity

42.511(c), introductory text ................................ program program or activity

42.511(c)(1) ........................................................ program program or activity

42.520 ................................................................. program program or activity

42.521(b), first sentence .................................... in making its program accessible to its program accessiblein making its program or activity accessible

42.521(b), last sentence ..................................... offer programs to serve

42.521(b), last sentence ..................................... to obtain the full benefits of the program

42.521(d)(1) ........................................................ program program or activity

42.521(d)(3) ........................................................ program accessibility accessibility under§ 42.521(a)

42.530(a), first sentence .................................... programs programs or activities

42.530(b) ............................................................ programs programs or activities

42.530(c) ............................................................ programs programs or activities

42.540(i), first sentence ...................................... programs programs or activities

13. The heading for subpart I is

revised to read as follows:

Subpart I—Nondiscrimination on the

Basis of Age in Federally Assisted

Programs or Activities; Implementation

of the Age Discrimination Act of 1975

14. The authority citation for subpart

I continues to read as follows:

Authority: 42 U.S.C. 6103(a)(4); 45 CFR

part 90.

15. Section 42.702 is amended by

revising the definition of ‘‘Program or

activity’’ to read as follows:

§ 42.702 Definitions.

* * * * *

Program or activity means all of the

operations of any entity described in

paragraphs (1) through (4) of this

definition, any part of which is

extended Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (1), (2),

or (3) of this definition.

* * * * *

16. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

42.701(b) ............................................................ programs programs or activities

42.710(b), last sentence ..................................... program program or activity

42.712(a)(2) ........................................................ program program or activity

42.712(b)(2) ........................................................ program program or activity

42.712(c) ............................................................ program program or activity

42.713(b), last sentence ..................................... program program or activity

42.714 ................................................................. program program or activity

42.720, first sentence ......................................... program program or activity

42.724(b) ............................................................ program program or activity

42.725 ................................................................. programs and activities programs or activities

42.733(b)(1)(i)(A) ................................................ program program or activity

42.733(b)(2), last sentence ................................ programs programs or activities

76492 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

Section Remove Add

42.733(b)(3), last sentence ................................ program program or activity

Dated: October 31, 2000.

Janet Reno,

Attorney General.

DEPARTMENT OF LABOR

29 CFR Subtitle A

RIN 1291–AA31

Authority and Issuance

For the reasons set forth in the joint

preamble, DOL proposes to amend 29

CFR subtitle A, parts 31 and 32 as set

forth below:

PART 31—NONDISCRIMINATION IN

FEDERALLY ASSISTED PROGRAMS

OF THE DEPARTMENT OF LABOR—

EFFECTUATION OF TITLE VI OF THE

CIVIL RIGHTS ACT OF 1964

1. The authority citation for part 31

continues to read as follows:

Authority: Sec. 602, 78 Stat. 252; 42 U.S.C.

501, 29 U.S.C. 49k, 5 U.S.C. 301.

2. Section 31.2 is amended by revising

paragraph (g) to read as follows:

§ 31.2 Definitions.

* * * * *

(g) The terms program or activity and

program mean all of the operations of

any entity described in paragraphs (g)(1)

through (4) of this section, any part of

which is extended Federal financial

assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (g)(1),

(2), or (3) of this section.

* * * * *

3. Section 31.3 is amended by revising

the heading of paragraph (d)(1) to read

as follows:

§ 31.3 General standards.

* * * * *

(d) * * *

(1) Employment service. * * *

* * * * *

4. Section 31.6 is amended by revising

the heading of paragraph (b) to read as

follows:

§ 31.6 Assurances required.

* * * * *

(b) Continuing Federal financial

assistance. * * *

5. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

31.2(f) ................................................................. for the purpose of carrying out a program

31.2(h) ................................................................ for any program,

31.2(h) ................................................................ under any such program

31.3(b)(1), introductory text ................................ under any program

31.3(d), introductory text, first sentence ............. programs and activities types of Federal financial assistance

31.3(d), introductory text third sentence ............ particular program particular type of Federal financial assistance

31.3(d), introductory text, last sentence ............. listed program listed type of Federal financial assistance

31.3(d), introductory text, last sentence ............. that program that assistance

31.3(d), introductory text, last sentence ............. other programs or activities programs or activities receiving other types of

Federal financial assistance

31.5(b), last sentence ......................................... of any program under in

31.5(d) ................................................................ under for

31.6(a)(1), first sentence .................................... to carry out a program

31.6(a)(1), first sentence .................................... to carry out such program

31.6(a)(1), first sentence .................................... except a program except an application

31.6(a)(1), second sentence .............................. Every program Every award

31.6(a)(1), sixth sentence .................................. for each program

31.6(a)(1), sixth sentence .................................. in this program

31.6(a)(2), second sentence .............................. under a program of with

31.6(a)(2), third sentence ................................... program under statute under

31.6(b), introductory text .................................... to carry out a program involving for

31.9(e), first sentence ........................................ programs Federal statutes, authorities, or other means

by which Federal financial assistance is extended and

31.10(e) .............................................................. under the program involved to which this regulation applies

31.10(e) .............................................................. assistance will assistance to which this regulation applies will

31.10(e) .............................................................. under such program

31.12(a), first sentence ...................................... under such program

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76493

PART 32—NONDISCRIMINATION ON

THE BASIS OF HANDICAP IN

PROGRAMS OR ACTIVITIES

RECEIVING FEDERAL FINANCIAL

ASSISTANCE

6. The heading for part 32 is revised

to read as set forth above.

7. The authority citation for part 32

continues to read as follows:

Authority: Sec. 504, Rehabilitation Act of

1973, Pub. L. 93–112, 87 Stat. 394 (29 U.S.C.

794); sec. 111(a), Rehabilitation Act

Amendments of 1974, Pub. L. 93–516, 88

Stat. 1619 (29 U.S.C. 706); secs. 119 and 122

of the Rehabilitation Comprehensive Services

and Developmental Disabilities Amendments

of 1978, Pub. L. 95–602, 92 Stat. 2955;

Executive Order 11914, 41 FR 17871.

8. Section 32.2 is amended by revising

paragraph (a) to read as follows:

§ 32.2 Application.

(a) This part applies to each recipient

of Federal financial assistance from the

Department of Labor, and to every

program or activity that receives such

assistance.

* * * * *

9. Section 32.3 is amended by adding,

in alphabetical order, a definition of

Program or activity to read as follows:

§ 32.3 Definitions.

* * * * *

Program or activity means all of the

operations of any entity described in

paragraphs (1) through (4) of this

definition, any part of which is

extended Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (1), (2),

or (3) of this definition.

* * * * *

10. Section 32.4 is amended by

revising the heading of paragraph (c) to

read as follows:

§ 32.4 Discrimination prohibited.

* * * * *

(c) Aid, benefits, services, or training

limited by Federal law. ***

* * * * *

11. Section 32.5 is amended by

revising paragraph (d) to read as

follows:

§ 32.5 Assurances required.

* * * * *

(d) Interagency agreements. Where

funds are granted by the Department to

another Federal agency, and where the

grant obligates the recipient agency to

comply with the rules and regulations of

the Department applicable to that grant

the provisions of this part shall apply to

programs or activities operated with

such funds.

12. The heading for subpart B is

revised to read as follows:

Subpart B—Employment Practices and

Employment Related Training

Participation

13. The heading for subpart C is

revised to read as follows:

Subpart C—Accessibility

14. Section 32.27 is amended by

revising the section heading and the

first sentence of paragraph (a) to read as

follows:

§ 32.27 Accessibility.

(a) Purpose. A recipient shall operate

each program or activity to which this

part applies so that when each part is

viewed in its entirety it is readily

accessible to qualified handicapped

individuals. * * *

* * * * *

15. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

32.1 ..................................................................... or benefiting from

32.1, last sentence ............................................. programs and activities programs or activities

32.3, definition of Facility ................................... program program or activity

32.3, definition of Qualified handicapped individual, paragraph (b).program program or activity

32.3, definition of Qualified handicapped individual, paragraph (c).programs

32.3, definition of Qualified handicapped individual, paragraph (c).in the program in the program or activity

32.3, definition of Reasonable accommodation,

introductory text, first sentence.

training program training

32.3, definition of Reasonable accommodation,

introductory text, first sentence.

an employment employment

32.3, definition of Reasonable accommodation,

introductory text, first sentence.

recipient’s program recipient’s program or activity

32.3, definition of Reasonable accommodation

paragraph (a).

where the program where the program or activity

32.4(a) ................................................................ or benefits from

32.4(b)(1)(v) ........................................................ program program or activity

32.4(b)(2) ............................................................ services and training services or training

32.4(b)(3) ............................................................ programs or activities aid, benefits, services, or training

32.4(b)(4)(ii) ........................................................ program program or activity

76494 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

Section Remove Add

32.4(b)(5)(i) ......................................................... or benefits from

32.4(b)(6) ............................................................ or benefiting from

32.4(b)(7)(i), first sentence ................................. under programs of receiving

32.4(b)(7)(i), second sentence ........................... programs of employment employment

32.4(c) ................................................................ the benefits of a program aid, benefits, program services, or training

32.4(c) ................................................................ individuals from a program individuals from aid, benefits, services, or

training

32.4(d) ................................................................ programs and activities programs or activities

32.5(a), first sentence ........................................ for a program or activity

32.5(a), first sentence ........................................ program will program or activity will

32.5(b)(3) ............................................................ program program or activity

32.6(a)(3)(i) ......................................................... program program or activity

32.6(a)(3)(ii) ........................................................ program program or activity

32.8(a), second sentence ................................... programs and activities programs or activities

32.10(a) .............................................................. programs programs or activities

32.12(a)(1), last sentence .................................. programs under programs or activities

32.12(a)(3), last sentence .................................. apprenticeship programs apprenticeships

32.12(b)(8) .......................................................... social those that are social

32.12(b)(8) .......................................................... programs

32.13(a) .............................................................. program program or activity

32.13(b), introductory text .................................. program program or activity

32.13(b)(1) .......................................................... program program or activity

32.13(b)(2) .......................................................... training program training

32.13(d) .............................................................. program program or activity

32.15(c)(1), second sentence ............................ training programs training

32.17(a), last sentence ....................................... programs of programs or activities receiving

32.27(a), third sentence ..................................... particular program particular aid, benefit, service, or training

32.27(a), third sentence ..................................... program must aid, benefit, service, or training must

32.27(a), fourth sentence ................................... program accessibility Accessibility

32.27(a), fourth sentence ................................... program accessible program or activity accessible

32.27(b)(1) .......................................................... including including those involving

32.27(b)(1) .......................................................... when when each part is

32.27(b)(2), second sentence ............................ programs

32.27(c), last sentence ....................................... offer programs and activities to serve

32.27(e)(3) .......................................................... program accessibility accessibility under § 32.27(a)

32.44(b), second sentence ................................. programs programs or activities

32.44(b), last sentence ....................................... of any program under in

32.46(c)(2), last sentence .................................. program program or activity

32.47(c) .............................................................. programs programs or activities

Alexis M. Herman,

Secretary, Department of Labor.

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Chapter I

RIN 2900–AK13

Authority and Issuance

For the reasons set forth in the joint

preamble, VA proposes to amend 38

CFR chapter I, part 18 as set forth below:

PART 18—NONDISCRIMINATION IN

FEDERALLY-ASSISTED PROGRAMS

OF THE DEPARTMENT OF VETERANS

AFFAIRS—EFFECTUATION OF TITLE

VI OF THE CIVIL RIGHTS ACT OF 1964

Subpart A—General

1. The authority citation for subpart A

continues to read as follows:

Authority: Sec. 602, 78 Stat. 252 (42 U.S.C.

2000d-1) and the laws referred to in

Appendix A.

2. Section 18.4 is amended by revising

the heading of paragraph (b) and

paragraph (d) to read as follows:

§ 18.4 Assurances required.

* * * * *

(b) Continuing Federal financial

assistance. ***

* * * * *

(d) Extent of application to institution

or facility. In the case where any

assurances are required from an

academic, a medical care, or any other

institution or facility, insofar as the

assurances relate to the institution’s

practices with respect to the admission,

care, or other treatment of persons by

the institution or with respect to the

opportunity of persons to participate in

the receiving or providing of services,

treatment, or benefits, such assurances

shall be applicable to the entire

institution or facility.

3. Section 18.13 is amended by

revising paragraph (f) to read as follows:

§ 18.13 Definitions.

* * * * *

(f) The terms program or activity and

program mean all of the operations of

any entity described in paragraphs (f)(1)

through (4) of this section, any part of

which is extended Federal financial

assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76495

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (f)(1),

(2), or (3) of this section.

* * * * *

4. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

18.2, first sentence ............................................. the federally assisted programs and activities the types of Federal financial assistance

18.2, second sentence ....................................... under any such program

18.2(b) ................................................................ under any such program

18.2(c) ................................................................ under any such program

18.2, penultimate sentence ................................ program or activity type of Federal financial assistance

18.2, penultimate sentence ................................ such program a program

18.2, last sentence ............................................. programs types of Federal financial assistance

18.3(b)(1), introductory text ................................ under any program

18.4(a)(1), first sentence .................................... to carry out a program

18.4(a)(1), first sentence .................................... except a program except an application

18.4(a)(1), second sentence .............................. program award

18.4(a)(1), sixth sentence .................................. for each program,

18.4(a)(1), sixth sentence .................................. in the program

18.4(b), introductory text, first sentence ............. to carry out a program involving for

18.4(b), introductory text, first sentence ............. programs types of Federal financial assistance

18.4(b), concluding text ...................................... Under a continuing program

18.6(b), second sentence ................................... of any program under in

18.6(d) ................................................................ program under program for

18.9(e), first sentence ........................................ programs Federal statutes, authorities, or other means

by which Federal financial assistance is extended and

18.10(f) ............................................................... under the program involved to which this regulation applies

18.10(f) ............................................................... assistance will assistance to which this regulation applies will

18.10(f) ............................................................... under such program

18.12(a), first sentence ...................................... under such program

18.13(h) .............................................................. for any program,

18.13(h) .............................................................. under any such program

5. The heading for subpart D is

revised to read as follows:

Subpart D—Nondiscrimination on the

Basis of Handicap

6. The authority citation for subpart D

is revised to read as follows:

Authority: 29 U.S.C. 706, 794.

7. Section 18.403 is amended by

adding paragraph (m) to read as follows:

§ 18.403 Definitions.

* * * * *

(m) Program or activity means all of

the operations of any entity described in

paragraphs (m)(1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity that is established

by two or more of the entities described

in paragraph (m)(1), (2), or (3) of this

section.

§ 18.404 [Amended]

8. In § 18.404, the heading of

paragraph (c) is amended by removing

the word ‘‘Programs’’ and adding, in its

place, the words ‘‘Aid, benefits, or

services’’.

9. Section 18.405 is amended by

revising paragraph (c) to read as follows:

§ 18.405 Assurances required.

* * * * *

(c) Extent of application to institution

or facility. An assurance shall apply to

the entire institution or facility.

* * * * *

§ 18.421 [Amended]

10. The undesignated center heading

before § 18.421 is amended by removing

the word ‘‘Program’’.

11. In § 18.422, the heading and first

sentence of paragraph (a) are revised to

read as follows:

§ 18.422 Existing facilities.

(a) Accessibility. A recipient shall

operate each program or activity to

which this part applies so that when

each part is viewed in its entirety it is

readily accessible to handicapped

persons. * * *

* * * * *

76496 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

12. The heading of § 18.438 is revised

to read as follows:

§ 18.438 Adult education.

* * * * *

13. The heading of § 18.439 is revised

to read as follows:

§ 18.439 Private education.

* * * * *

14. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

18.402 ................................................................. or benefits from

18.403(h)(1) ........................................................ a program of

18.404(a) ............................................................ or benefits from

18.404(b)(1)(v) .................................................... program program or activity

18.404(b)(3) ........................................................ programs or activities aid, benefits, or services

18.404(b)(4)(ii) .................................................... program program or activity

18.404(b)(5)(i) ..................................................... or benefits from

18.404(b)(6) ........................................................ or benefiting from

18.404(c) ............................................................ a program aid, benefits, or services

18.405(a) ............................................................ for a program or activity

18.405(a) ............................................................ the program the program or activity

18.406(a)(3)(i) ..................................................... program program or activity

18.406(a)(3)(ii) .................................................... program program or activity

18.406(a)(3)(iii) ................................................... program program or activity

18.408(a), second sentence ............................... programs and activities programs or activities

18.411(a)(3), last sentence ................................ apprenticeship programs apprenticeships

18.411(b)(8) ........................................................ social those that are social

18.411(b)(8) ........................................................ programs

18.412(a) ............................................................ program program or activity

18.412(c), introductory text ................................ program program or activity

18.412(c)(1) ........................................................ program program or activity

18.422(b), last sentence ..................................... offer programs and activities to serve

18.422(c), last sentence ..................................... programs programs or activities

18.422(e)(3) ........................................................ program accessibility accessibility under paragraph (a) of this section

18.431 ................................................................. programs and activities programs or activities

18.431 ................................................................. or benefit from

18.433(b)(2) ........................................................ individualized education program Individualized Education Program

18.433(b)(3), first sentence ................................ in

18.433(b)(3), first sentence ................................ to a program for aid, benefits, or services

18.433(b)(3), first sentence ................................ the one those

18.433(b)(3), first sentence ................................ operates operates or provides

18.433(c)(1), second sentence .......................... in

18.433(c)(1), second sentence .......................... to a program for aid, benefits, or services

18.433(c)(1), second sentence .......................... operated operated or provided

18.433(c)(1), second sentence .......................... the program the aid, benefits, or services

18.433(c)(2) ........................................................ in

18.433(c)(2) ........................................................ to a program for aid, benefits, or services

18.433(c)(2) ........................................................ operated operated or provided

18.433(c)(2) ........................................................ the program the aid, benefits, or services

18.433(c)(4), last sentence ................................ such a program a free appropriate public education

18.435(a) ............................................................ education program education program or activity

18.435(a) ............................................................ in a regular or special program in regular or program special education

18.435(b), introductory text ................................ programs and activities programs or activities

18.435(b), introductory text ................................ or benefit from

18.437(a)(1) ........................................................ or benefit from

18.437(b) ............................................................ or benefit from

18.437(c)(1), first sentence ................................ programs and activities aid, benefits, or services

18.437(c)(1), first sentence ................................ or benefits from

18.437(c)(1), last sentence ................................ in these activities

18.438, first sentence ......................................... operates an provides

18.438, first sentence ......................................... program or activity

18.438, first sentence ......................................... from the program or activity

18.438, last sentence ......................................... under the program or activity

18.439(a) ............................................................ operates a provides

18.439(a) ............................................................ education program education

18.439(a) ............................................................ from that program

18.439(a) ............................................................ the recipient’s program that recipient’s program or activity

18.439(c) ............................................................ operates provides

18.439(c) ............................................................ programs shall operate those programs shall do so

18.441 ................................................................. programs and activities programs or activities

18.441 ................................................................. or benefit from

18.443(a) ............................................................ program or activity aid, benefits, or services

18.443(d) ............................................................ programs and activities program or activity

18.444(a), last sentence ..................................... program of

18.444(c) ............................................................ in its program

18.444(d)(1) ........................................................ under the education program or activity operated by the recipient

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76497

Section Remove Add

18.447(a)(1), first sentence ................................ programs and activities aid, benefits, or services

18.451 ................................................................. programs and activities programs or activities

18.451 ................................................................. or benefit from

18.454, first sentence ......................................... program or activity program or activity that provides aid, benefits,

or services

Subpart E—Nondiscrimination on the

Basis of Age

15. The authority citation for subpart

E continues to read as follows:

Authority: Age Discrimination Act of 1975,

as amended, 42 U.S.C. 6101, et seq.; 45 CFR

part 90 (1979).

16. Section 18.503 is amended by

redesignating paragraphs (j) through (l)

as paragraphs (k) through (m), and

adding a new paragraph (j) to read as

follows:

§ 18.503 Definitions.

* * * * *

(j) Program or activity means all of the

operations of any entity described in

paragraphs (j)(1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity that is established

by two or more of the entities described

in paragraph (j)(1), (2), or (3) of this

section.

Appendix B to Subpart E to Part 18

[Amended]

17. The heading for appendix B to

subpart E to part 18 is amended by

removing the word ‘‘Programs’’.

18. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

18.501, last sentence ......................................... programs and activities programs or activities

18.531 ................................................................. programs and activities programs or activities

18.532 ................................................................. programs and activities programs or activities

18.544(a)(2), last sentence ................................ program

18.546(b), first sentence .................................... program and activity program or activity

18.546(c)(2), first sentence ................................ Federal

18.549(b)(2) ........................................................ program or activity Federal financial assistance

Dated: August 14, 2000.

Hershel W. Gober,

Acting Secretary, Department of Veterans

Affairs.

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Chapter I

RIN 2020–AA43

Authority and Issuance

For the reasons set forth in the joint

preamble, EPA proposes to amend 40

CFR chapter I, part 7 as set forth below:

PART 7—NONDISCRIMINATION IN

PROGRAMS OR ACTIVITIES

RECEIVING FEDERAL ASSISTANCE

FROM THE ENVIRONMENTAL

PROTECTION AGENCY

1. The heading for part 7 is revised to

read as set forth above.

2. The authority citation for part 7 is

revised to read as follows:

Authority: 42 U.S.C. 2000d to 2000d–7; 29

U.S.C. 794; 33 U.S.C. 1251 nt.

3. Section 7.25 is amended by adding

the new definition of ‘‘Program or

activity’’ in alphabetical order to read as

follows:

§ 7.25 Definitions.

* * * * *

Program or activity and program

mean all of the operations of any entity

described in paragraphs (1) through (4)

of this definition, any part of which is

extended Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

76498 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (1), (2),

or (3) of this definition.

§ 7.55 [Amended]

4. The heading for § 7.55 is amended

by removing the word ‘‘programs’’ and

adding, in its place, the words, ‘‘aid,

benefits, or services’’.

5. In § 7.65, the first sentence of

paragraph (a) introductory text and the

heading for paragraph (b) are revised to

read as follows:

§ 7.65 Accessibility.

(a) General. A recipient shall operate

each program or activity receiving EPA

assistance so that when each part is

viewed in its entirety it is readily

accessible to and usable by handicapped

persons. * * *

* * * * *

(b) Methods of ensuring compliance

in existing facilities. ***

* * * * *

Appendix A to Part 7 [Amended]

6. The heading for appendix A to part

7 is amended by removing the word

‘‘Programs’’ and inserting the words

‘‘Types of’’ immediately before the word

‘‘EPA’’.

7. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

7.20(a) ................................................................ compliance programs means of ensuring compliance

7.25, undesignated definition of Project Officer program

7.35(a)(1) ............................................................ program program or activity

7.35(a)(2) ............................................................ program program or activity

7.35(a)(3) ............................................................ program program or activity

7.35(a)(4) ............................................................ program program or activity

7.35(a)(5) ............................................................ program program or activity

7.35(a)(6) ............................................................ any program any program or activity

7.35(a)(6) ............................................................ the EPA assistance program EPA assistance

7.35(b) ................................................................ program program or activity

7.35(c) ................................................................ program program or activity

7.50(a)(1) ............................................................ program program or activity

7.50(a)(3) ............................................................ program program or activity

7.50(a)(5) ............................................................ program program or activity

7.50(b) ................................................................ or benefits from

7.50(e) ................................................................ programs aid, benefits, or services

7.55 ..................................................................... program program or activity

7.55 ..................................................................... programs programs or activities

7.60(a) ................................................................ or benefits from

7.60(c)(8) ............................................................ social those that are social

7.60(c)(8) ............................................................ programs

7.60(d) ................................................................ apprenticeship programs apprenticeships

7.60(e) ................................................................ program program or activity

7.65(b) ................................................................ offer program benefits to serve

7.65(c)(2) first sentence, .................................... make a program or activity accessible comply with paragraph (a) of this section

7.65(d) ................................................................ assisted program

7.65(e), last sentence ......................................... program statute

7.75, introductory text ......................................... program program or activity

7.75(a)(3) ............................................................ program accessibility accessibility under § 7.65(a)

7.85(b), first sentence ........................................ programs programs or activities

7.95(a), first sentence ........................................ programs programs or activities

7.130(b)(4) .......................................................... program program or activity

Dated: October 16, 2000.

Carol M. Browner,

Administrator, Environmental Protection

Agency.

GENERAL SERVICES

ADMINISTRATION

41 CFR Chapter 101

RIN 3090–AH33

Authority and Issuance

For the reasons set forth in the joint

preamble, GSA proposes to amend 41

CFR chapter 101, parts 101–6 and 101–

8 as set forth below:

PART 101–6—MISCELLANEOUS

REGULATIONS

Subpart 101–6.2—Nondiscrimination in

Programs Receiving Federal Financial

Assistance

1. The authority citation for subpart

101–6.2 continues to read as follows:

Authority: Sec. 602, 78 Stat. 252; 42 U.S.C.

2000d–1.

2. Section 101–6.204–3 is amended by

revising the heading to read as follows:

§ 101–6.204–3 Special benefits.

* * * * *

3. Section 101–6.205–2 is amended by

revising the heading to read as follows:

§ 101–6.205–2 Continuing Federal financial

assistance.

* * * * *

4. Section 101–6.205–4 is amended by

revising paragraph (b) to read as follows:

§ 101–6.205–4 Applicability of assurances.

* * * * *

(b) The assurance required with

respect to an institution of higher

education, hospital, or any other

institution, insofar as the assurance

relates to the institution’s practices with

respect to admission or other treatment

of individuals as students, patients, or

clients of the institution or to the

opportunity to participate in the

provision of services or other benefits to

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76499

such individuals, shall be applicable to

the entire institution.

* * * * *

5. Section 101–6.216 is amended by

revising paragraph (f) to read as follows:

§ 101–6.216 Definitions.

* * * * *

(f) The terms program or activity and

program mean all of the operations of

any entity described in paragraphs (f)(1)

through (4) of this section, any part of

which is extended Federal financial

assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2) (i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3) (i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

nay other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (f)(1),

(2), or (3) of this section.

* * * * *

6. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

101–6.201 ........................................................... 52 42

101–6.201 ........................................................... 2000d—2000d–4 2000d—2000d–7

101–6.203(a), last sentence ............................... programs involving

101–6.203(b) ...................................................... the programs involving

101–6.203(c) ...................................................... programs types of Federal financial assistance

101–6.204–2 (a)(4), first sentence ..................... the program a program

101–6.204–3 ....................................................... the benefits of a program benefits

101–6.205–1(a), first sentence .......................... to carry out a program

101–6.205–1(a), first sentence .......................... except a program except an application

101–6.205–1(a), fifth sentence .......................... for each program

101–6.205–1(a), fifth sentence .......................... in the program

101–6.205–1(b), second sentence ..................... under a program of with

101–6.205–1(b), third sentence ......................... program statute

101–6.205–1(d) .................................................. programs Federal financial assistance

101–6.205–2 ....................................................... to carry out a program involving for

101–6.205–4(c) .................................................. under a program

101–6.206(b), second sentence ......................... except as provided in paragraph (b) of § 101–

6.205–4

101–6.206(d) ...................................................... subject to the provisions of § 101–6.205–4(b)

101–6.209–2, last sentence ............................... of any program under in

101–6.209–4 ....................................................... program under program for

101–6.212–5, first sentence ............................... programs Federal statutes, authorities, or other means

by which Federal financial assistance is extended and

101–6.213–6 ....................................................... under the program involved to which this regulation applies

101–6.213–6 ....................................................... assistance will assistance to which this regulation applies will

101–6.213–6 ....................................................... under such program

101–6.215–1, introductory text, first sentence ... under such program

101–6.216(h) ...................................................... for any program,

101–6.216(h) ...................................................... under any such program

101–6.216(i) ....................................................... for the purpose of carrying out a program

PART 101–8—NONDISCRIMINATION IN

PROGRAMS RECEIVING FEDERAL

FINANCIAL ASSISTANCE

7. The heading for part 101–8 is

revised to read as set forth above.

Subpart 101–8.3—Discrimination

Prohibited on the Basis of Handicap

8. Section 101–8.301 is amended by

adding a new paragraph (f) to read as

follows:

§ 101–8.301 Definitions.

* * * * *

(f) The term program or activity

means all of the operations of any entity

described in paragraphs (f)(1) through

(4) of this section, any part of which is

extended Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

76500 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (f)(1),(2),

or (3) of this section.

9. Section 101–8.309 is amended by

revising the section heading and the

heading and first sentence of paragraph

(b) to read as follows:

§ 101–8.309 Accessibility.

* * * * *

(b) Accessibility. A recipient shall

operate any program or activity to

which this subpart applies so that when

each part is viewed in its entirety it is

readily accessible to and usable by

handicapped persons. * * *

* * * * *

10. Section 101–8.311 is amended by

revising the section heading and the

heading and the first sentence of the

introductory text of paragraph (b)(1) to

read as follows:

§ 101–8.311 Historic Preservation

Programs.

* * * * *

(b) * * * (1) Accessibility. A recipient

shall operate any program or activity

involving Historic Preservation

Programs so that when each part is

viewed in its entirety it is readily

accessible to and usable by handicapped

persons. * * *

* * * * *

11. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

101–8.300(b) ...................................................... or benefits from

101–8.302 ........................................................... or benefits from

101–8.303(a)(5) .................................................. program program or activity

101–8.303(c) ...................................................... programs or activities aid, benefits, or services

101–8.303(d)(2) .................................................. program program or activity

101–8.303(f) ....................................................... or benefitting from

101–8.303(g) ...................................................... the benefits of a program aid, benefits, or services

101–8.303(g) ...................................................... from a program from aid, benefits, or services

101–8.303(d), first sentence .............................. programs and activities programs or activities

101–8.305(c), last sentence ............................... apprenticeship programs apprenticeships

101–8.305(d)(8) .................................................. social those that are social

101–8.305(d)(8) .................................................. programs

101–8.306(a) ...................................................... program program or activity

101–8.306(c), introductory text .......................... program program or activity

101–8.306(c)(1) .................................................. program program or activity

101–8.309(a) ...................................................... or benefits from

101–8.309(c), last sentence ............................... offer programs and activities to serve

101–8.309(f)(3) ................................................... program accessibility accessibility under paragraph (a) of this section

101–8.311(a), introductory text .......................... the term

101–8.311(a)(1) .................................................. preservation programs Preservation Programs

101–8.311(a)(1) .................................................. means programs receiving are those that receive

101–8.311(b)(1), introductory text, last sentence program

101–8.311(b)(1)(iv) ............................................. program accessibility accessibility

101–8.311(b)(1), concluding paragraph ............. historic preservation program Historic Preservation Program

101–8.311(b)(1), concluding paragraph ............. program accessibility accessibility

101–8.311(b)(2), introductory text ...................... program

101–8.311(b)(2)(iii) ............................................. program program or activity

Subpart 101–8.7—Discrimination

Prohibited on the Basis of Age:

12. The authority citation for subpart

101–8.7 continues to read as follows:

Authority: 42 U.S.C. 6101 et seq.

13. Section 101–8.703 is amended by

redesignating paragraph (k) as paragraph

(l) and by adding a new paragraph (k)

to read as follows:

§ 101–8.703 Definitions of terms.

* * * * *

(k) Program or activity means all of

the operations of any entity described in

paragraphs (k)(1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a state or of a local

government;

(ii) The entity of such state and local

government that distributes such

assistance and each such department or

agency (and each other state or local

government entity) to which the

assistance is extended, in the case of

assistance to a state or local government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (k)(1),

(2), or (3) of this section.

* * * * *

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76501

14. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

101–8.701, last sentence ................................... Federal financial assistance Federally assisted

101–8.701, last sentence ................................... programs and activities programs or activities

101–8.702(a) ...................................................... that benefits from GSA Federal financial assistance

101–8.703(g)(2) .................................................. program policy

101–8.703(j) ....................................................... for the purpose of carrying out a program

101–8.703(l) ....................................................... for any program

101–8.703(l) ....................................................... under any such program

101–8.709 ........................................................... program program or activity

101–8.710, first sentence ................................... program program or activity

101–8.710, second sentence ............................. programs

101–8.710, second sentence ............................. provide provides

101–8.710, last sentence ................................... ‘‘Child Care Center’’ program Child Care Center Program

101–8.710, last sentence ................................... two programs two types of Federal financial assistance

101–8.711, first sentence ................................... programs and activities programs or activities

101–8.712(b) ...................................................... program

101–8.718(a), third sentence ............................. program

101–8.720(b), first sentence .............................. program and activity program or activity

101–8.720(c)(2), first sentence .......................... Federal

101–8.721(e), first sentence .............................. programs Federal statutes, authorities, or other means

by which Federal financial assistance is extended and

101–8.725(b) ...................................................... program or activity Federal financial assistance

Dated: August 22, 2000.

Thurman M. Davis, Sr.,

Deputy Administrator, General Services

Administration.

DEPARTMENT OF THE INTERIOR

43 CFR Subtitle A

RIN 1090–AA77

Authority and Issuance

For the reasons set forth in the joint

preamble, DOI proposes to amend 43

CFR subtitle A, part 17 as set forth

below:

PART 17—NONDISCRIMINATION IN

FEDERALLY ASSISTED PROGRAMS

OF THE DEPARTMENT OF THE

INTERIOR

Subpart A—Nondiscrimination on the

Basis of Race, Color, or National

Origin

1. The authority citation for subpart A

continues to read as follows:

Authority: Sec. 602, 78 Stat. 252; 42 U.S.C.

2000d–1; and the laws referred to in

Appendix A.

2. Section 17.3 is amended by revising

the heading of paragraph (d) to read as

follows:

§ 17.3 Discrimination prohibited.

* * * * *

(d) Benefits for Indians, natives of

certain territories, and Alaska natives.

***

3. Section 17.4 is amended by revising

the heading of paragraph (b) and

paragraph (d)(2) to read as follows:

§ 17.4 Assurances required.

* * * * *

(b) Continuing Federal financial

assistance. ***

* * * * *

(d) * * *

(2) The assurance required with

respect to an institution of higher

education, or any other institution,

insofar as the assurance relates to the

institution’s practices with respect to

admission or other treatment of

individuals as students, or clients of the

institution or to the opportunity to

participate in the provision of services

or other benefits to such individuals,

shall be applicable to the entire

institution.

4. Section 17.12 is amended by

revising paragraph (f) to read as follows:

§ 17.12 Definitions.

* * * * *

(f) The terms program or activity and

program mean all of the operations of

any entity described in paragraphs (f)(1)

through (4) of this section, any part of

which is extended Federal financial

assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (f)(1),

(2), or (3) of this section.

* * * * *

Appendix B to Subpart A [Amended]

5. The introductory text for appendix

B to subpart A is amended by removing

the word ‘‘programs’’ and adding, in its

place, the words ‘‘Federal financial

assistance.’’

6. In the table below, for each section

indicated in the left column, remove the

76502 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

17.2(a), second sentence ................................... under any such program

17.2(a)(2) ............................................................ under any such program

17.2(a)(3) ............................................................ under any such program

17.3(b)(1), introductory text ................................ under any program

17.3(c)(1), first sentence .................................... a program of the

17.3(c)(1), first sentence .................................... assistance assistance to a program

17.3(d), first sentence ........................................ the benefits of a program benefits

17.3(d), first sentence ........................................ is limited are limited

17.3(d), first sentence ........................................ the program is addressed the benefits are addressed

17.3(d), last sentence ......................................... programs benefits

17.4(a)(1), first sentence .................................... to carry out a program

17.4(a)(1), first sentence .................................... except a program except an application

17.4(a)(1), second sentence .............................. program of award of

17.4(a)(1), sixth sentence .................................. for each program,

17.4(a)(1), sixth sentence .................................. in the program

17.4(a)(2), second sentence .............................. under a program of with

17.4(a)(2), third sentence ................................... program statute

17.4(b)(1), introductory text ................................ to carry out a program involving for

17.4(d)(1) ............................................................ a student assistance program student assistance

17.5(b), last sentence ......................................... of any program under in

17.5(d) ................................................................ program under which program for which

17.8(e), first sentence ........................................ programs Federal statutes, authorities, or other means

by which Federal financial assistance is extended and

17.9(g) ................................................................ under the program involved to which this regulation applies

17.9(g) ................................................................ assistance will assistance to which this regulation applies will

17.9(g) ................................................................ under such program

17.11(a), first sentence ...................................... under such program

17.12(h) .............................................................. for any program,

17.12(h) .............................................................. under such program

17.12(i) ............................................................... for the purpose of carrying out a program

Subpart B—Nondiscrimination on the

Basis of Handicap

7. The authority citation for subpart B

continues to read as follows:

Authority: 29 U.S.C. 794.

8. Section 17.202 is amended by

adding a new paragraph (q) to read as

follows:

§ 17.202 Definitions.

* * * * *

(q) Program or activity means all of

the operations of any entity described in

paragraphs (q)(1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (q)(1),

(2), or (3) of this section.

9. Section 17.203 is amended by

revising the heading of paragraph (c) to

read as follows:

§ 17.203 Discrimination prohibited.

* * * * *

(c) Aid, benefits, or services limited by

Federal law. ***

* * * * *

10. The heading for § 17.216 is revised

to read as follows:

§ 17.216 Accessibility.

* * * * *

11. Section 17.217 is amended by

revising the heading and first sentence

of paragraph (a) to read as follows:

§ 17.217 Existing facilities.

(a) Accessibility. A recipient shall

operate each program or activity so that

when each part is viewed in its entirety

it is readily accessible to and usable by

handicapped persons. * * *

* * * * *

12. Section 17.260 is amended by

revising the section heading, the

introductory text of paragraph (a), and

the first sentence of paragraph (b)(1)

introductory text to read as follows:

§ 17.260 Historic Preservation Programs.

(a) Definitions. For the purposes of

this section, Historic Preservation

Programs are those that receive Federal

financial assistance that has

preservation of historic properties as a

primary purpose.

* * * * *

(b) * * *

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76503

(1) A recipient shall operate any

program or activity involving Historic

Preservation Programs so that when

each part is viewed in its entirety it is

readily accessible to and usable by

handicapped persons. * * *

* * * * *

13. The section heading and the

introductory text of § 17.270 are revised

to read as follows:

§ 17.270 Recreation.

This section applies to recipients that

operate, or that receive Federal financial

assistance for the operation of programs

or activities involving recreation.

* * * * *

14. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

17.201 ................................................................. or benefits from

17.202(i) ............................................................. recreation and program spaces spaces, including those used for recreation,

17.202(m) ........................................................... programs the recipient

17.202(m) ........................................................... should be available should make its aid, benefits, or services

available

17.202(n) ............................................................ programs programs or activities

17.203(a) ............................................................ or benefits from

17.203(b)(1)(v) .................................................... program program or activity

17.203(b)(3) ........................................................ programs or activities aid, benefits, or services

17.203(b)(4)(ii) .................................................... program program or activity

17.203(b)(5)(i) ..................................................... or benefits from

17.203(b)(6) ........................................................ or benefiting from

17.203(c) ............................................................ the benefits of a program aid, benefits, or services

17.203(c) ............................................................ from a program from aid, benefits, or services

17.204(a), first sentence .................................... for a program or activity

17.204(a), first sentence .................................... the program the program or activity

17.204(c)(4), first sentence ................................ to carry out a program involving for

17.204(c)(4)(i) ..................................................... program program or activity

17.204(c)(4)(ii) .................................................... the program the program or activity

17.204(c)(4)(ii) .................................................... under such program

17.205(a)(3)(i) ..................................................... program program or activity

17.205(a)(3)(ii) .................................................... program program or activity

17.207(a), second sentence ............................... programs and activities programs or activities

17.210(a)(2) ........................................................ programs programs or activities

17.210(a)(4), last sentence ................................ apprenticeship programs apprenticeships

17.210(b)(8) ........................................................ social those that are social

17.210(b)(8) ........................................................ programs

17.211(a) ............................................................ program program or activity

17.211(c), introductory text ................................ program program or activity

17.211(c)(1) ........................................................ program program or activity

17.217(b), last sentence ..................................... offer programs and activities to serve

17.217(e)(3) ........................................................ program accessibility accessibility under paragraph (a) of this section

17.220, first sentence ......................................... programs and activities programs or activities

17.220, first sentence ......................................... or benefit from

17.232, first sentence ......................................... programs and activities programs or activities

17.232, first sentence ......................................... or benefit from

17.250, introductory text ..................................... programs and activities programs or activities

17.250, introductory text ..................................... or benefit from

17.252, first sentence ......................................... activity for activity that provides aid, benefits, or services

for

17.260(b)(1), introductory text, last sentence .... program

17.260(b)(1)(iv) ................................................... program

17.260(b)(1), concluding text ............................. historic preservation program Historic Preservation Program

17.260(b)(1), concluding text ............................. program accessibility accessibility

17.260(b)(2), introductory text, first sentence .... program

17.260(b)(2), introductory text, last sentence .... program

17.260(b)(2)(iii) ................................................... program program or activity

17.270(a)(1) ........................................................ programs aid, benefits, or services

17.270(a)(2) ........................................................ programs or activities aid, benefits, or services

17.270(a)(5) ........................................................ program or activity aid, benefits, or services

Subpart C—Nondiscrimination on the

Basis of Age

15. The authority citation for subpart

C continues to read as follows:

Authority: Age Discrimination Act of 1975,

as amended, 42 U.S.C. 6101 et seq.; 45 CFR

part 90.

16. The heading of § 17.302 is revised

to read as follows:

§ 17.302 To what programs or activities do

these regulations apply?

* * * * *

17. Section 17.303 is amended by

redesignating paragraphs (j) through (m)

as paragraphs (k) through (n) and adding

a new paragraph (j) to read as follows:

§ 17.303 Definitions.

* * * * *

(j) Program or activity means all of the

operations of any entity described in

paragraphs (j)(1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

76504 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (j)(1),

(2), or (3) of this section.

* * * * *

18. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

17.300, first sentence ......................................... programs and activities programs or activities

17.300, last sentence ......................................... programs and activities programs or activities

17.301, last sentence ......................................... programs and activities programs or activities

17.302(a) ............................................................ or benefits from

17.313 ................................................................. program program or activity

17.314 ................................................................. program program or activity

17.320, first sentence ......................................... programs and activities programs or activities

17.321(b) ............................................................ program

17.333(a)(2), last sentence ................................ program

17.335(c)(2), first sentence ................................ Federal

17.338(b)(2) ........................................................ program or activity Federal financial assistance

Dated: September 11, 2000.

John Berry,

Assistant Secretary—Policy, Management,

and Budget, Department of the Interior.

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Chapter I

RIN 3067–AD14

Authority and Issuance

For the reasons set forth in the joint

preamble, FEMA proposes to amend 44

CFR chapter I, part 7 as set forth below:

PART 7—NONDISCRIMINATION IN

FEDERALLY-ASSISTED PROGRAMS

(FEMA REG. 5)

1. The heading for subpart A is

revised to read as follows:

Subpart A—Nondiscrimination in

FEMA-Assisted Programs—General

2. The authority citation for subpart A

continues to read as follows:

Authority: FEMA Reg. 5 issued under sec.

602, 78 Stat. 252; 42 U.S.C. 2000 d–1; 42

U.S.C. 1855–1855g; 50 U.S.C. 404.

3. Section 7.2 is amended by revising

paragraph (d) to read as follows:

§ 7.2 Definitions.

* * * * *

(d) The terms program or activity and

program mean all of the operations of

any entity described in paragraphs (d)(1)

through (4) of this section, any part of

which is extended Federal financial

assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (d)(1),

(2), or (3) of this section.

* * * * *

4. Section 7.3 is revised to read as

follows:

§ 7.3 Application of this regulation.

No person in the United States shall,

on the ground of race, color, or national

origin, be excluded from participation

in, be denied the benefits of, or be

otherwise subjected to discrimination

under any program to which this

regulation applies.

5. Section 7.9 is amended by revising

paragraph (b) to read as follows:

§ 7.9 Assurances from institutions.

* * * * *

(b) The assurances required with

respect to an institution of higher

education, hospital, or any other

institution, insofar as the assurance

relates to the institution’s practices with

respect to admission or other treatment

of individuals as students, patients, or

clients of the institutions or to the

opportunity to participate in the

provision of services or other benefits to

such individuals, shall be applicable to

the entire institution.

6. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76505

Section Remove Add

7.2(f) ................................................................... for any program,

7.2(f) ................................................................... under any such program

7.2(g) .................................................................. for the purpose of carrying out a program

7.4, second sentence ......................................... under any such program

7.4(b) .................................................................. under any such program

7.4(c) .................................................................. under any such program

7.5(a), introductory text ...................................... under any program

7.7, first sentence ............................................... to carry out a program

7.7, fifth sentence ............................................... for each program,

7.7, fifth sentence ............................................... in the program

7.10(b), last sentence ......................................... of any program under in

7.10(d) ................................................................ program under which program for which

7.13(e), first sentence ........................................ programs Federal statutes, authorities, or other means

by which Federal financial assistance is extended and

7.14(f) ................................................................. under the program involved to which this regulation applies

7.14(f) ................................................................. assistance will assistance to which this regulation applies will

7.14(f) ................................................................. under such program

7.16(a), first sentence ........................................ under such program

7. The heading for subpart E is revised

to read as follows:

Subpart E—Nondiscrimination on the

Basis of Age in Programs or Activities

Receiving Federal Financial

Assistance From FEMA

8. The authority citation for subpart E

is revised to read as follows:

Authority: Age Discrimination Act of 1975,

as amended (42 U.S.C. 6101 et seq.); 45 CFR

part 90.

9. The heading for § 7.912 is revised

to read as follows:

§ 7.912 To what programs or activities

does this regulation apply?

* * * * *

10. Section 7.913 is amended by

adding, in alphabetical order, a

definition of ‘‘Program or activity’’ to

read as follows:

§ 7.913 Definition of terms used in this

regulation.

* * * * *

Program or activity means all of the

operations of any entity described in

paragraphs (1) through (4) of this

definition, any part of which is

extended Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (1), (2),

or (3) of this definition.

* * * * *

11. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

7.910 ................................................................... programs and activities programs or activities

7.911, last sentence ........................................... programs, activities programs or activities

7.912(a) .............................................................. or benefits from

7.925 ................................................................... program program or activity

7.926 ................................................................... program program or activity

7.930, first sentence ........................................... programs and activities programs or activities

7.931(b) .............................................................. program

7.943(a)(2), last sentence .................................. program

7.945(b), first sentence ...................................... program and activity program or activity

7.945(c)(2), first sentence .................................. Federal

7.948(b)(2) .......................................................... program or activity Federal financial assistance

76506 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

Pauline C. Campbell,

Director, Office of Equal Rights, Federal

Emergency Management Agency.

NATIONAL SCIENCE FOUNDATION

45 CFR Chapter VI

RIN 3145–AA38

Authority and Issuance

For the reasons set forth in the joint

preamble, NSF proposes to amend 45

CFR chapter VI, parts 605, 611, and 617

as set forth below:

PART 605—NONDISCRIMINATION ON

THE BASIS OF HANDICAP IN

PROGRAMS OR ACTIVITIES

RECEIVING FEDERAL FINANCIAL

ASSISTANCE

1. The heading for part 605 is revised

to read as set forth above.

2. The authority citation for part 605

continues to read as follows:

Authority: 29 U.S.C. 794.

3. Section 605.3 is amended by

adding a new paragraph (m) to read as

follows:

§ 605.3 Definitions.

* * * * *

(m) Program or activity means all of

the operations of any entity described in

paragraphs (m)(1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (m)(1),

(2), or (3) of this section.

§ 605.4 [Amended]

4. In § 605.4, the heading of paragraph

(c) is amended by removing the word

‘‘Programs’’ and adding, in its place, the

words ‘‘Aid, benefits, or services’’.

Subpart C to Part 605 [Amended]

5. The heading for subpart C is

amended by removing the word

‘‘Program’’.

6. In § 605.22, the heading and first

sentence of paragraph (a) are revised to

read as follows:

§ 605.22 Existing facilities.

(a) Accessibility. A recipient shall

operate each program or activity to

which this part applies so that when

each part is viewed in its entirety it is

readily accessible to qualified

handicapped persons. * * *

* * * * *

§ 605.38 [Amended]

7. The heading for § 605.38 is

amended by removing the word

‘‘programs’’.

§ 605.39 [Amended]

8. The heading for § 605.39 is

amended by removing the word

‘‘programs’’.

9. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

605.0, first sentence ........................................... programs and activities programs or activities

605.2 ................................................................... or benefits from

605.3(k)(5), second sentence ............................ programs aid, benefits, or services

605.3(k)(5), third sentence ................................. program

605.4(a) .............................................................. or benefits from

605.4(b)(1)(v) ...................................................... recipients program recipient’s program or activity

605.4(b)(3) .......................................................... programs or activities aid, benefits, or services

605.4(b)(4)(ii) ...................................................... program program or activity

605.4(b)(5)(i) ....................................................... or benefits from

605.4(b)(6) .......................................................... or benefiting from

605.4(c) .............................................................. the benefits of a program aid, benefits, or services

605.4(c) .............................................................. from a program from aid, benefits or services

605.5(a) .............................................................. under a program or activity

605.5(a) .............................................................. programs programs or activities

605.6(a)(3)(i) ....................................................... program program or activity

605.6(a)(3)(ii) ...................................................... program program or activity

605.8(a), second sentence ................................. programs and activities programs or activities

605.11(a)(2) ........................................................ programs programs or activities

605.11(a)(4), last sentence ................................ apprenticeship programs apprenticeships

605.11(b)(8) ........................................................ social those that are social

605.11(b)(8) ........................................................ programs

605.12(a) ............................................................ program program or activity

605.12(c), introductory text ................................ program program or activity

605.12(c)(1) ........................................................ program program or activity

605.22(b), last sentence ..................................... offer programs and activities to serve

605.22(e)(3) ........................................................ program accessibility accessibility under paragraph (a) of this section

605.31 ................................................................. programs and activities programs or activities

605.31 ................................................................. or benefit from

605.33(b)(2) ........................................................ individualized education program Individualized Education Program

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76507

Section Remove Add

605.33(b)(3), first sentence ................................ in

605.33(b)(3), first sentence ................................ to a program for aid, benefits, or services

605.33(b)(3), first sentence ................................ the one those

605.33(b)(3), first sentence ................................ operates operates or provides

605.33(c)(1), second sentence .......................... in

605.33(c)(1), second sentence .......................... to a program for aid, benefits, or services

605.33(c)(1), second sentence .......................... operated operated or provided

605.33(c)(1), second sentence .......................... program aid, benefits, or services

605.33(c)(2) ........................................................ person in person

605.33(c)(2) ........................................................ to a program for aid, benefits, or services

605.33(c)(2) ........................................................ operated operated or provided

605.33(c)(2) ........................................................ the program the aid, benefits, or services

605.33(c)(3) ........................................................ placement in

605.33(c)(3) ........................................................ program placement

605.33(c)(4), last sentence ................................ such a program a free appropriate public education

605.35(a) ............................................................ program program or activity

605.35(a) ............................................................ a regular or special education program regular or special education

605.37(c)(1), first sentence ................................ programs and activities aid, benefits, or first sentence services

605.37(c)(1), last sentence ................................ in these activities

605.38 ................................................................. operates a provides

605.38 ................................................................. day care program or activity day care

605.38 ................................................................. an adult education program or activity adult education

605.38 ................................................................. from the program or activity

605.38 ................................................................. under the program or activity

605.39(a) ............................................................ operates a provides

605.39(a) ............................................................ education program education

605.39(a) ............................................................ from such program

605.39(a) ............................................................ the recipient’s program that recipient’s program or activity

605.39(c), first sentence ..................................... operates provides

605.39(c), first sentence ..................................... programs shall operate such programs shall do so

605.41 ................................................................. programs and activities programs or activities

605.41 ................................................................. or benefit from

605.43(a) ............................................................ program or activity aid, benefits, or services

605.43(d) ............................................................ programs and activities program or activity

605.44(a), second sentence ............................... program of

605.44(c) ............................................................ in its program

605.47(a)(1), first sentence ................................ programs and activities aid, benefits, or services

605.51 ................................................................. programs and activities programs or activities

605.51 ................................................................. or benefit from

605.54, first sentence ......................................... activity for activity that provides aid, benefits, or services

for

PART 611—NONDISCRIMINATION IN

FEDERALLY-ASSISTED PROGRAMS

OF THE NATIONAL SCIENCE

FOUNDATION—EFFECTUATION OF

TITLE VI OF THE CIVIL RIGHTS ACT

OF 1964

10. The authority citation for part 611

continues to read as follows:

Authority: Sec. 11(a), National Science

Foundation Act of 1950, as amended, 42

U.S.C. 1870(a); 42 U.S.C. 2000d–1.

11. Section 611.4 is amended by

revising paragraph (c)(2) to read as

follows:

§ 611.4 Assurances required.

* * * * *

(c) * * *

(2) The assurance required with

respect to an institution of higher

education, hospital, or any other

institution, insofar as the assurance

relates to the institution’s practices with

respect to admission or other treatment

of individuals as students, patients, or

clients of the institution or to the

opportunity to participate in the

provision of services or other benefits to

such individuals, shall be applicable to

the entire institution.

12. Section 611.5 is amended by

revising the example 2. to read as

follows:

§ 611.5 Illustrative applications.

* * * * *

2. In a research, training, or other

grant to a university for activities to be

conducted in a graduate school,

discrimination in the admission and

treatment of students in the graduate

school is prohibited, and the prohibition

extends to the entire university.

* * * * *

13. Section 611.13 is amended by

revising paragraph (f) to read as follows:

§ 611.13 Definitions.

* * * * *

(f) The terms program or activity and

program mean all of the operations of

any entity described in paragraphs (f)(1)

through (4) of this section, any part of

which is extended Federal financial

assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

76508 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (f)(1),

(2), or (3) of this section.

* * * * *

14. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

611.2, first sentence ........................................... Federally assisted programs and activities types of Federal financial assistance

611.2, second sentence ..................................... under any such program

611.2(b) .............................................................. under any such program

611.2(c) .............................................................. under any such program

611.2, penultimate sentence .............................. program or activity type of Federal financial assistance

611.2, penultimate sentence .............................. such program a program

611.2, last sentence ........................................... programs types of Federal financial assistance

611.3(b)(1), introductory text .............................. under any program

611.3(c)(2) .......................................................... Programs Types of Federal financial assistance

611.4(a)(1), first sentence .................................. to carry out a program

611.4(a)(1), fourth sentence ............................... for each program

611.4(a)(1), fourth sentence ............................... in the program

611.4(a)(2), second sentence ............................ under a program of with

611.4(a)(2), third sentence ................................. program statute

611.5, introductory text, first sentence ............... programs of programs aided by

611.5, example 1., first sentence ....................... In programs for For

611.5, example 4., first sentence ....................... grant programs grants

611.6(b), last sentence ....................................... of any program under in

611.6(d) .............................................................. program under program for

611.9(e), first sentence ...................................... programs Federal statutes, authorities, or other means

by which Federal financial assistance is extended and

611.10(f) ............................................................. under the program involved to which this regulation applies

611.10(f) ............................................................. assistance will assistance to which this regulation applies will

611.10(f) ............................................................. under such program

611.12(a), first sentence .................................... under such program

611.13(h) ............................................................ for any program,

611.13(h) ............................................................ under any such program

611.13(i) ............................................................. for the purpose of carrying out a program

PART 617—NONDISCRIMINATION ON

THE BASIS OF AGE IN PROGRAMS OR

ACTIVITIES RECEIVING FEDERAL

FINANCIAL ASSISTANCE FROM NSF

15. The authority citation for part 617

continues to read as follows:

Authority: Age Discrimination Act of 1975,

as amended, 42 U.S.C. 6101, et seq.; 45 CFR

part 90.

§ 617.2 [Amended]

16. In § 617.2, the list is amended by

adding, in alphabetical order, the term

‘‘Program or activity.’’

17. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

617.1, last sentence ........................................... programs and activities programs or activities

617.8, first sentence ........................................... program or activities program or activity

617.11(a)(2), last sentence ................................ program

617.12(a), first sentence .................................... under for

617.12(c), first sentence ..................................... program program or activity

617.12(e), first sentence .................................... Federal

617.12(f)(2)(ii) ..................................................... program or activity Federal financial assistance

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76509

Dated: August 16, 2000.

Lawrence Rudolph,

General Counsel, National Science

Foundation.

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

45 CFR Chapter XI

RIN 3135–AA17, RIN 3136–AA24, RIN 3137–

AA11

Authority and Issuance

For the reasons set forth in the joint

preamble, NFAH, composed of the

National Endowment for the Arts, the

National Endowment for the

Humanities, and the Institute of

Museum and Library Services, proposes

to amend 45 CFR chapter XI, part 1110,

as set forth below:

PART 1110—NONDISCRIMINATION IN

FEDERALLY ASSISTED PROGRAMS

1. The authority citation for part 1110

is revised to read as follows:

Authority: 42 U.S.C. 2000d—2000d–7.

2. Section 1110.4 is amended by

revising the heading of paragraph (b)

and paragraph (d)(2) to read as follows:

§ 1110.4 Assurances required.

* * * * *

(b) Continuing Federal financial

assistance ***

* * * * *

(d) * * *

(2) The assurance required with

respect to an institution of higher

education or any other institution,

insofar as the assurance relates to the

institution’s practices with respect to

admission or other treatment of

individuals as students, or clients of the

institution or to the opportunity to

participate in the provision of services

or other benefits to such individuals,

shall be applicable to the entire

institution.

3. Section 1110.5 is amended by

revising paragraph (a) to read as follows:

§ 1110.5 Illustrative applications.

* * * * *

(a) In a research, training, or other

grant to a university for activities to be

conducted in a graduate school,

discrimination in the admission and

treatment of students in the graduate

school is prohibited, and the prohibition

extends to the entire university.

* * * * *

4. Section 1110.13 is amended by

revising paragraph (g) to read as follows:

§ 1110.13 Definitions.

* * * * *

(g) Program or activity and program

mean all of the operations of any entity

described in paragraphs (g)(1) through

(4) of this section, any part of which is

extended Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (g)(1),

(2), or (3) of this section.

* * * * *

5. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

1110.2, first sentence ......................................... federally assisted programs and activities types of Federal financial assistance

1110.2, second sentence ................................... under any such program

1110.2, fifth sentence ......................................... program or activity type of Federal financial assistance

1110.2, fifth sentence ......................................... that such program that a program

1110.2, last sentence ......................................... programs types of Federal financial assistance

1110.4(a)(1), first sentence ................................ to carry out a program

1110.4(a)(1), third sentence ............................... for each program

1110.4(a)(1), third sentence ............................... in the program

1110.4(a)(2), first sentence ................................ through a program of with

1110.4(a)(2), second sentence .......................... under a program of with

1110.4(a)(2), third sentence ............................... program statute

1110.4(b) ............................................................ to carry out a program involving for

1110.6(b), last sentence ..................................... of any program under in

1110.6(d) ............................................................ program under which program for which

1110.9(e), first sentence .................................... programs Federal statutes, authorities, or other means

by which authorities, or other means by

which Federal financial assistance is extended and

1110.10(f) ........................................................... under the program involved to which this regulation applies

1110.10(f) ........................................................... assistance will assistance to which this regulation applies will

1110.10(f), first sentence ................................... under such program

1110.13(i) ........................................................... for any program,

1110.13(i) ........................................................... under any such program

1110.13(j) ........................................................... for the purposes of carrying out a program

76510 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

Dated: August 21, 2000.

Karen Elias,

Deputy General Counsel, National

Endowment for the Arts, National Foundation

on the Arts and the Humanities.

Dated: September 11, 2000.

Laura S. Nelson,

Assistant General Counsel, National

Endowment for the Humanities, National

Foundation on the Arts and the Humanities.

Dated: August 8, 2000.

Nancy E. Weiss,

General Counsel, Institute of Museum and

Library Services, National Foundation on the

Arts and the Humanities.

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

National Endowment for the Arts

45 CFR Chapter XI

RIN 3135–AA17

Authority and Issuance

For the reasons set forth in the joint

preamble, NEA proposes to amend 45

CFR chapter XI, parts 1151 and 1156, as

set forth below:

PART 1151—NONDISCRIMINATION ON

THE BASIS OF HANDICAP

1. The authority citation for part 1151

continues to read as follows:

Authority: 29 U.S.C. 794.

2. Section 1151.3 is amended by

adding a new paragraph (h) to read as

follows:

§ 1151.3 Definitions.

* * * * *

(h) Program or activity means all of

the operations of any entity described in

paragraphs (h)(1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (h)(1),

(2), or (3) of this section.

§ 1151.21 [Amended]

3. The undesignated center heading

immediately preceding § 1151.21 is

amended by removing the word

‘‘Program’’.

4. Section 1151.22 is amended by

revising the first sentence of paragraph

(a) to read as follows:

§ 1151.22 Existing facilities.

(a) A recipient shall operate each

program or activity to which this part

applies so that when each part is viewed

in its entirety it is readily accessible to

and usable by handicapped persons.

***

* * * * *

5. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

1151.2 ................................................................. or benefits from

1151.4(a), second sentence ............................... programs and activities programs or activities

1151.16(a) .......................................................... or benefits from

1151.16(b) .......................................................... the benefits of a program aid, benefits, or services

1151.16(c) .......................................................... program program or activity

1151.16(c) .......................................................... or benefiting from

1151.16(e) .......................................................... programs and activities programs or activities

1151.17(a), introductory text .............................. benefit, service, or program benefit, or service

1151.17(a)(1) ...................................................... program,

1151.17(a)(5) ...................................................... program program or activity

1151.17(b) .......................................................... programs or activities aid, benefits, or services

1151.17(c)(2) ...................................................... program program or activity

1151.17(d)(1) ...................................................... or benefits from

1151.17(e) .......................................................... or benefiting from

1151.18(a)(3) ...................................................... for a specific program offered and offering, for example, a specific event

1151.18(a)(3) ...................................................... that program that specific event

1151.18(b) .......................................................... programs aid, benefits, or services

1151.18(d) .......................................................... benefits of the programs and activities aid, benefits, or services

1151.18(d) .......................................................... programs and activities aid, benefits, or services

1151.18(e) .......................................................... programs and activities programs or activities

1151.22(b), last sentence ................................... offer programs and activities to serve

1151.22(c) .......................................................... to make programs or, activities in existing facilities accessible

1151.22(d)(3) ...................................................... program accessibility accessibility under paragraph (a) of this section

1151.31(a) .......................................................... or benefits from

1151.31(c), last sentence ................................... apprenticeship programs apprenticeships

1151.31(d)(8) ...................................................... social those that are social

1151.31(d)(8) ...................................................... programs

1151.32(a) .......................................................... program program or activity

1151.32(c), introductory text .............................. program program or activity

1151.32(c)(1) ...................................................... program program or activity

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76511

Section Remove Add

1151.41(a), first sentence .................................. for a program or activity

1151.41(a), first sentence .................................. the program the program or activity

PART 1156—NONDISCRIMINATION ON

THE BASIS OF AGE

6. The authority citation for part 1156

continues to read as follows:

Authority: 42 U.S.C. 6101 et seq.; 45 CFR

part 90.

§ 1156.2 [Amended]

7. Section 1156.2 is amended by

removing the words ‘‘and to each

program or activity that receives or

benefits from such assistance’’ in

paragraph (a).

8. Section 1156.3 is amended by

redesignating paragraphs (h) through (n)

as paragraphs (i) through (o),

respectively; and by adding a new

paragraph (h) to read as follows:

§ 1156.3 Definitions.

* * * * *

(h) Program or activity means all of

the operations of any entity described in

paragraphs (h)(1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (h)(1),

(2), or (3) of this section.

* * * * *

9. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

1156.1, last sentence ......................................... programs and activities programs or activities

1156.7(c) ............................................................ program program or activity

1156.10, first sentence ....................................... programs and activities programs or activities

1156.17(a)(2), last sentence .............................. program

1156.19(c)(2), first sentence .............................. Federal

1156.20(b)(2) ...................................................... program or the activity Federal financial assistance

Dated: August 21, 2000.

Karen Elias,

Deputy General Counsel, National

Endowment for the Arts.

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

National Endowment For the

Humanities

45 CFR Chapter XI

RIN 3136–AA24

Authority and Issuance

For the reasons set forth in the joint

preamble, NEH proposes to amend 45

CFR chapter XI, part 1170 as set forth

below:

PART 1170—NONDISCRIMINATION ON

THE BASIS OF HANDICAP IN

FEDERALLY ASSISTED PROGRAMS

OR ACTIVITIES

1. The heading for part 1170 is revised

to read as set forth above.

2. The authority citation for part 1170

continues to read as follows:

Authority: 29 U.S.C. 794.

3. Section 1170.3 is amended by

revising paragraph (g) to read as follows:

§ 1170.3 Definitions.

* * * * *

(g) The term program or activity

means all of the operations of any entity

described in paragraphs (g)(1) through

(4) of this section, any part of which is

extended Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

76512 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

entities described in paragraph (g)(1),

(2), or (3) of this section.

* * * * *

Subpart D to Part 1170 [Amended]

4. The heading for subpart D is

amended by removing the word

‘‘Program’’.

5. Section 1170.32 is amended by

revising the heading and first sentence

of paragraph (a) to read as follows:

§ 1170.32 Existing facilities.

(a) Accessibility. A recipient shall

operate each program or activity to

which this part applies so that when

each part is viewed in its entirety it is

readily accessible to handicapped

persons. * * *

* * * * *

6. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

1170.2 ................................................................. or benefits from

1170.3(a) ............................................................ , and

1170.3(a) ............................................................ 95–602 95–602, and by the Civil Rights Restoration

Act of 1987, Pub.L. 100–259

1170.3(d) ............................................................ program program or activity

1170.11 ............................................................... or benefits from

1170.12(a)(5) ...................................................... program program or activity

1170.12(b) .......................................................... programs or activities aid, benefits, or services

1170.12(c)(2) ...................................................... program program or activity

1170.12(d)(1) ...................................................... or benefits from

1170.12(e) .......................................................... the benefits of a program aid, benefits, or services

1170.12(e) .......................................................... from a program from aid, benefits, or services

1170.12(f) ........................................................... programs and activities programs or activities

1170.13(a)(3) ...................................................... programs aid, benefits, or services

1170.13(a)(3) ...................................................... program aid, benefit, or service

1170.13(a)(4), first sentence .............................. of a program’s

1170.13(c) .......................................................... the programs and activities the program or activity

1170.13(c) .......................................................... museum programs and activities museum aid, benefits, or services

1170.13(d) .......................................................... programs and activities programs or activities

1170.21(a) .......................................................... or benefits from

1170.21(c), last sentence ................................... apprenticeship programs apprenticeships

1170.21(d)(8) ...................................................... social those that are social

1170.21(d)(8) ...................................................... programs

1170.22(a) .......................................................... program program or activity

1170.22(c), introductory text .............................. program program or activity

1170.22(c)(1) ...................................................... program program or activity

1170.32(b), last sentence ................................... offer programs and activities to serve

1170.32(d)(3) ...................................................... program accessibility accessibility under paragraph (a) of this section

1170.41 ............................................................... programs and activities programs or activities

1170.41 ............................................................... or benefit from

1170.43(a) .......................................................... program or activity aid, benefit, or service

1170.43(d) .......................................................... programs and activities program or activity

1170.44(a), second sentence ............................. program of

1170.44(c), ......................................................... in its program

1170.44(d)(1) ...................................................... under the education program or activity operated by the recipient

1170.47(a)(1), first sentence .............................. programs and activities aid, benefits, or services

1170.51(a), first sentence .................................. for a program or activity

1170.51(a), first sentence .................................. the program the program or activity

1170.52(a)(3)(i) ................................................... program program or activity

1170.52(a)(3)(ii) .................................................. program program or activity

1170.54(a), second sentence ............................. programs and activities programs or activities

Dated: September 11, 2000.

Laura S. Nelson,

Assistant General Counsel, National

Endowment for the Humanities.

CORPORATION FOR NATIONAL AND

COMMUNITY SERVICE

45 CFR Chapter XII

RIN 3045–AA29

Authority and Issuance

For the reasons set forth in the joint

preamble, the Corporation proposes to

amend 45 CFR chapter XII, parts 1203

and 1232 as set forth below:

PART 1203—NONDISCRIMINATION IN

FEDERALLY ASSISTED PROGRAMS—

EFFECTUATION OF TITLE VI OF THE

CIVIL RIGHTS ACT OF 1964

1. The authority citation for part 1203

continues to read as follows:

Authority: Sec. 602, 78 Stat. 252; 42 U.S.C.

2000d–1.

2. Section 1203.3 is amended by

revising paragraph (e) to read as follows:

§ 1203.3 Definitions.

* * * * *

(e) Program or activity and program

mean all of the operations of any entity

described in paragraphs (e)(1) through

(4) of this section, any part of which is

extended Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76513

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (e)(1),

(2), or (3) of this section.

* * * * *

3. Section 1203.5 is amended by

revising paragraph (b), paragraph (c)(2),

and the heading of paragraph (d) to read

as follows:

§ 1203.5 Assurances required.

* * * * *

(b) Assurances from Government

agencies. In the case of an application

from a department, agency, or office of

a State or local government for Federal

financial assistance for a specified

purpose, the assurance required by this

section shall extend to any other

department, agency, or office of the

same governmental unit if the policies

of the other department, agency, or

office will substantially affect the

project for which Federal financial

assistance is requested.

(c) * * *

(2) The assurance required by an

academic institution, detention or

correctional facility, or any other

institution or facility, relating to the

institution’s practices with respect to

admission or other treatment of

individuals as students, patients, wards,

inmates, persons subject to control, or

clients of the institution or facility or to

the opportunity to participate in the

provision of services, disposition,

treatment, or benefits to these

individuals, is applicable to the entire

institution or facility.

(d) Continuing Federal financial

assistance. ***

* * * * *

Appendix A to Part 1203 [Amended]

4. The heading for appendix A to part

1203 is amended by removing the word

‘‘Programs’’ and adding, in its place, the

words ‘‘Federal Financial Assistance’’.

Appendix B to Part 1203 [Amended]

5. The heading for appendix B to part

1203 is amended by removing the word

‘‘Programs’’ and adding, in its place, the

words ‘‘Federal Financial Assistance’’.

6. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

1203.2(a), introductory text, first sentence ......... federally assisted programs types of Federal financial assistance

1203.2(a), introductory text, second sentence ... under a program

1203.2(a)(2) ........................................................ under a program

1203.2(a)(3) ........................................................ under a program

1203.2(a), concluding text, first sentence .......... a program a type of Federal financial assistance

1203.2(a), concluding text, first sentence .......... the program a program

1203.2(a)(4) concluding text last sentence ........ programs types of Federal financial assistance

1203.2(b) ............................................................ as part of the program receiving that assistance

1203.3(d) ............................................................ for the purpose of carrying out a program

1203.3(f) ............................................................. for any program,

1203.3(f) ............................................................. under a program

1203.4(b)(1), introductory text ............................ under a program

1203.4(c)(1), first sentence ................................ a program of the

1203.5(a)(1), first sentence ................................ to carry out a program

1203.5(a)(1), first sentence ................................ except a program except an application

1203.5(a)(1), second sentence .......................... program award

1203.5(a)(1), fifth sentence ................................ for each program,

1203.5(a)(1), fifth sentence ................................ in the program

1203.5(a)(2), second sentence .......................... under a program of with

1203.5(a)(2), third sentence ............................... program statute

1203.5(d), introductory text ................................ to carry out a program involving for

1203.5(d), introductory text ................................ programs types of Federal financial assistance

1203.6(b), second sentence ............................... of a program under in

1203.6(d) ............................................................ program under which program for which

1203.9(e), first sentence .................................... programs Federal statutes,authorities, or other means

by which Federal financial assistance is extended and

1203.10(f) ........................................................... under the program involved to which this regulation applies

1203.10(f) ........................................................... assistance will assistance to which this regulation applies

1203.10(f) ........................................................... under the programs

1203.12(a), first sentence .................................. under a program

76514 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

PART 1232—NONDISCRIMINATION ON

BASIS OF HANDICAP IN PROGRAMS

OR ACTIVITIES RECEIVING FEDERAL

FINANCIAL ASSISTANCE

7. The heading for part 1232 is revised

to read as set forth above.

8. The authority citation for part 1232

continues to read as follows:

Authority: 29 U.S.C. 794.

9. Section 1232.3 is amended by

adding a new paragraph (m) to read as

follows:

§ 1232.3 Definitions.

* * * * *

(m) Program or activity means all of

the operations of any entity described in

paragraphs (m)(1) through (4) of this

section, any part of which is extended

Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (m)(1),

(2), or (3) of this section.

Subpart C of Part 1232 [Amended]

10. The heading for subpart C of part

1232 is amended by removing the word

‘‘Program’’.

§ 1232.13 [Amended]

11. The heading for § 1232.13 is

amended by removing the word

‘‘program’’.

12. Section 1232.14 is amended by

revising the first sentence of paragraph

(a) and paragraph (b) to read as follows:

§ 1232.14 Existing facilities.

(a) A recipient shall operate each

program or activity to which this part

applies so that when each part is viewed

in its entirety it is readily accessible and

usable by handicapped persons. * * *

(b) A recipient is not required to make

structural changes in existing facilities

where other methods are effective in

achieving compliance with this section.

Where structural changes are necessary

to comply with paragraph (a) of this

section, such changes shall be made as

soon as practicable, but in no event later

than three years after the effective date

of the regulation.

* * * * *

13. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

1232.2, first sentence ......................................... or benefits from

1232.2, first sentence ......................................... including volunteer programs such as including, but not limited to

1232.3(k) ............................................................ under any programs as

1232.4(b)(1)(v) .................................................... program program or activity

1232.4(b)(2) ........................................................ programs or activities aid, benefits, or services

1232.4(b)(3)(ii) .................................................... program program or activity

1232.4(b)(4)(i) ..................................................... or benefits from

1232.4(c) ............................................................ the benefits of a program aid, benefits, or services

1232.4(c) ............................................................ from a program from aid, benefits, or services

1232.4(d) ............................................................ programs and activities programs or activities

1232.4(f) ............................................................. program program or activity

1232.4(f) ............................................................. or benefiting from

1232.5(a), first sentence .................................... for a program or activity

1232.5(a), first sentence .................................... program program or activity

1232.5(c) ............................................................ volunteer program program or activity

1232.7(a)(3)(i) ..................................................... program program or activity

1232.7(a)(3)(ii) .................................................... program program or activity

1232.7(a)(3)(iii) ................................................... program program or activity

1232.9(a) ............................................................ or benefits from

1232.9(c)(8) ........................................................ social those that are social

1232.9(c)(8) ........................................................ programs

1232.9(d), last sentence ..................................... apprenticeship programs apprenticeships

1232.9(f) ............................................................. volunteer program program or activity

1232.10(a) .......................................................... program program or activity

1232.10(c), introductory text .............................. program program or activity

1232.10(c)(1) ...................................................... program program or activity

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76515

Dated: November 6, 2000.

Frank Trinity,

Acting General Counsel, Corporation for

National and Community Service.

DEPARTMENT OF TRANSPORTATION 

49 CFR Subtitle A

RIN 2105–AC96

Authority and Issuance

For the reasons set forth in the joint

preamble, DOT proposes to amend 49

CFR subtitle A, parts 21 and 27 as set

forth below:

PART 21—NONDISCRIMINATION IN

FEDERALLY-ASSISTED PROGRAMS

OF THE DEPARTMENT OF

TRANSPORTATION—EFFECTUATION

OF TITLE VI OF THE CIVIL RIGHTS

ACT OF 1964

1. The authority citation for part 21 is

revised to read as follows:

Authority: 42 U.S.C. 2000d–2000d–7.

2. Section 21.7 is amended by

removing the fifth sentence of paragraph

(a)(1) and by revising the heading of

paragraph (b) to read as follows:

§ 21.7 Assurances required.

* * * * *

(b) Continuing Federal financial

assistance. ***

3. Section 21.23 is amended by

revising paragraph (e) to read as follows:

§ 21.23 Definitions.

* * * * *

(e) Program or activity and program

mean all of the operations of any entity

described in paragraphs (e)(1) through

(4) of this section, any part of which is

extended Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (e)(1),

(2), or (3) of this section.

* * * * *

4. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

21.3(a), introductory text, first sentence ............. federally assisted programs and activities types of Federal financial assistance

21.3(a), introductory text, second sentence ....... under any such program

21.3(a)(2) ............................................................ under any such program

21.3(a)(3) ............................................................ under any such program

21.3(a), concluding text, first sentence .............. program or activity type of Federal financial assistance

21.3(a), concluding text, first sentence .............. such a

21.3(a), concluding text, last sentence .............. programs types of Federal financial assistance

21.5(b)(1), introductory text ................................ under any program

21.5(b)(6) ............................................................ programs of types of Federal financial assistance administered by

21.5(c)(1), first sentence .................................... a program of the

21.5(c)(1), first sentence .................................... assistance assistance to a program

21.7(a)(1), first sentence .................................... to carry out a program

21.7(a)(1), first sentence .................................... except a program except an application

21.7(a)(1), second sentence .............................. program award

21.7(a)(1), sixth sentence .................................. for each program

21.7(a)(1), sixth sentence .................................. in the program

21.7(a)(2), second sentence .............................. under a program of with

21.7(a)(2), third sentence ................................... program statute

21.7(b) ................................................................ to carry out a program involving for

21.7(b) ................................................................ programs types of Federal financial assistance

21.9(b), second sentence ................................... of any program under in

21.9(d) ................................................................ under for

21.15(e), first sentence ...................................... programs Federal statutes, authorities, or other means

by which Federal financial assistance is extended and

21.17(f) ............................................................... under the program involved to which this regulation applies

21.17(f) ............................................................... assistance will assistance to which this regulation applies will

21.17(f) ............................................................... under such programs

21.21(a), first sentence ...................................... under such program

21.23(d) .............................................................. for the purpose of carrying out a program

21.23(f) ............................................................... for any program,

21.23(f) ............................................................... under any such program

76516 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

PART 27—NONDISCRIMINATION ON

THE BASIS OF DISABILITY IN

PROGRAMS OR ACTIVITIES

RECEIVING FEDERAL FINANCIAL

ASSISTANCE

5. The heading for part 27 is revised

to read as set forth above.

6. The authority citation for part 27

continues to read as follows:

Authority: Sec. 504 of the Rehabilitation

Act of 1973, as amended (29 U.S.C. 794); sec.

16 (a) and (d) of the Federal Transit Act of

1964, as amended (49 U.S.C. 5310 (a) and (f);

sec. 165(b) of the Federal-Aid Highway Act

of 1973, as amended (23 U.S.C. 142 nt.).

Subpart A—General

7. Section 27.5 is amended by revising

the definition of Primary recipient and

adding, in alphabetical order, a

definition of Program or activity to read

as follows:

§ 27.5 Definitions.

* * * * *

Primary recipient means any recipient

that is authorized or required to extend

Federal financial assistance from the

Department to another recipient.

Program or activity means all of the

operations of any entity described in

paragraphs (1) through (4) of this

definition, any part of which is

extended Federal financial assistance:

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in section 8801 of title 20),

system of vocational education, or other

school system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (1), (2),

or (3) of this definition.

* * * * *

8. Section 27.7 is amended by revising

the heading for paragraph (d) to read as

follows:

§ 27.7 Discrimination prohibited.

* * * * *

(d) Aid, benefits, or services limited by

Federal law. ***

9. In the table below, for each section

indicated in the left column, remove the

text shown in the middle column and

add the text shown in the right column:

Section Remove Add

27.3(a) ................................................................ or benefits from

27.5, definition of Qualified handicapped person, paragraph (2).activities services

27.5, definition of Recipient ................................ for any Federal program,

27.5, definition of Recipient ................................ under any such program

27.7(a) ................................................................ or benefits from

27.7(b)(1)(v) ........................................................ program program or activity

27.7(b)(3) ............................................................ programs or activities aid, benefits, or services

27.7(b)(4)(ii) ........................................................ program program or activity

27.7(b)(5)(i) ......................................................... or benefits from

27.7(b)(6) ............................................................ or benefitting from

27.7(d) ................................................................ In programs For aid, benefits, or services

27.9(a), first sentence ........................................ to carry out a program

27.9(a), first sentence ........................................ program will program or activity will

27.9(b)(4) ............................................................ program program or activity

27.11(a)(3)(i) ....................................................... program program or activity

27.11(a)(3)(ii) ...................................................... program program or activity

10. The heading of subpart B is

revised to read as follows:

Subpart B—Accessibility

Requirements in Specific Operating

Administration Programs: Airports,

Railroads, and Highways

11. In the table below, for each section indicated in the left column, remove the text shown in the middle column

and add the text shown in the right column:

Section Remove Add

27.71(b), last sentence ....................................... programs programs or activities

27.77 ................................................................... Essential Air Service program Essential Air Service Program

Subpart C—Enforcement

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76517

12. In the table below, for each section indicated in the left column, remove the text shown in the middle column

and add the text shown in the right column:

Section Remove Add

27.121(b), last sentence ..................................... of any program under in

27.121(d) ............................................................ program program or activity

27.125(b)(2) ........................................................ program program or activity

27.127(f), first sentence ..................................... programs Federal statutes, authorities, or other means

by which Federal financial assistance is extended and

27.129(e), first sentence .................................... under the program involved to which this first regulation applies

27.129(e), last sentence ..................................... assistance assistance to which this regulation applies

Dated: August 25, 2000.

Rodney E. Slater,

Secretary of Transportation.

[FR Doc. 00–29358 Filed 12–5–00; 8:45 am]

BILLING CODE 3410–94–P, 7590–01–P, 6450–01–P,

8025–01–P, 7510–01–P, 3510–BP–P, 4710–10–P, 6116–

01–P, 4410–13–P, 4510–23–P, 8320–01–P, 6560–50–P,

6820–34–P, 4310–RE–P, 6718–01–P, 7555–01–P, 7536–

01–P, 7536–01–P, 7036–01–P, 6050–28–P, 4910–62–P