This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

46655 

Vol. 82, No. 193 

Friday, October 6, 2017 

DEPARTMENT OF AGRICULTURE 

7 CFR Part 15a 

RIN 0503–AA60 

Education Programs or Activities 

Receiving or Benefitting From Federal 

Financial Assistance 

AGENCY: Office of the Assistant 

Secretary for Civil Rights, USDA. 

ACTION: Final rule. 

SUMMARY: This rule updates the 

regulations required for the enforcement 

of Title IX of the Education 

Amendments of 1972, as amended 

(commonly referred to as ‘‘Title IX’’) for 

financial assistance from the 

Department of Agriculture. Title IX 

prohibits discrimination on the basis of 

sex in education programs or activities 

that receive Federal financial assistance. 

The regulation provides guidance to 

recipients of Federal financial assistance 

who administer education programs or 

activities. The changes made by this 

rule will promote consistency in the 

enforcement of Title IX for USDA 

financial assistance recipients. 

DATES: Effective: November 6, 2017. 

FOR FURTHER INFORMATION CONTACT: 

David King, telephone (202) 720–3808. 

SUPPLEMENTARY INFORMATION: The 

purpose of this rule is to update the 

regulations in 7 CFR part 15a for the 

enforcement of Title IX (20 U.S.C. 1681– 

1683, 1685–1688) as it applies to 

educational programs and activities that 

receive Federal financial assistance from 

USDA. 

On April 11, 1979, USDA published 

a final rule (44 FR 21610) to implement 

USDA’s Title IX regulations, which 

prohibit discrimination on the basis of 

sex in educational programs or activities 

operated by recipients of Federal 

financial assistance. 

On August 30, 2000, 20 Federal 

departments and agencies published a 

final rule (65 FR 52858) to provide for 

the enforcement of Title IX by 

participating Federal agencies that had 

not previously promulgated Title IX 

implementing regulations (referred to as 

the ‘‘common rule’’). The Department of 

Justice coordinated development of the 

Title IX common rule, consistent with 

its responsibility under Executive Order 

12250, to ensure the consistent and 

effective implementation of Title IX and 

other civil rights laws. USDA, as one of 

the Federal agencies that had already 

promulgated Title IX regulations, did 

not publish new rules to reflect the 

common rulemaking. 

Upon further consideration, USDA 

decided to amend its Title IX 

regulations to adopt the language of the 

common rule. USDA’s Title IX 

regulations have not been updated since 

1979 and do not reflect intervening 

developments, including certain 

Supreme Court decisions, revisions by 

the Department of Education and the 

Department of Justice (‘‘DOJ’’), the Civil 

Rights Restoration Act of 1987 (Pub. L. 

100–259), and various Executive Orders. 

By harmonizing the provisions of 7 CFR 

part 15a with the common rule, USDA 

brings its regulations up-to-date, 

complies with Executive Order 13777, 

‘‘Enforcing the Regulatory Reform 

Agenda,’’ dated February 24, 2017, 

follows current guidance from DOJ, and 

makes it easier for recipients of USDA 

financial assistance to understand and 

comply with Title IX requirements. The 

revisions to 7 CFR part 15a merely 

conform USDA’s regulations to the Title 

IX common rule adopted by other 

federal agencies and reflect changes in 

the law since USDA published its Title 

IX regulations in 1979. This rule 

imposes no new substantive 

requirements on recipients of USDA 

financial assistance. 

As shown in the following ‘‘crosswalk’’ table, some of the provisions of 

new part 15a (renumbered to 

correspond to the common rule) appear 

in different order than in the existing 

regulations in part 15a: 

New part 15a Existing part 15a 

Subpart A 

15a.100 15a.1 

15a.105 15a.2 

15a.110 15a.3 

15a.115 15a.4 

15a.120 N/A 

15a.125 15a.5 

15a.130 15a.6 

15a.135 15a.7 

New part 15a Existing part 15a 

15a.140 15a.8 

Subpart B 

15a.200 15a.11 

15a.205 15a.12 

15a.210 15a.13 

15a.215 15a.14 

15a.220 15a.16 

15a.225 15a.17 

15a.230 15a.18 

15a.235 15a.15 

Subpart C 

15a.300 15a.21 

15a.305 15a.22 

15a.310 15a.23 

Subpart D 

15a.400 15a.31 

15a.405 15a.32 

15a.410 15a.33 

15a.415 15a.34 

15a.420 15a.35 

15a.425 15a.36 

15a.430 15a.37 

15a.435 15a.38 

15a.440 15a.39 

15a.445 15a.40 

15a.450 15a.41 

15a.455 15a.42 

Subpart E 

15a.500 15a.51 

15a.505 15a.52 

15a.510 15a.53 

15a.515 15a.54 

15a.520 15a.55 

15a.525 15a.56 

15a.530 15a.57 

15a.535 15a.58 

15a.540 15a.59 

15a.545 15a.60 

15a.550 15a.61 

Subpart F 

15a.605 15a.71 

Public Comment 

In general, the Administrative 

Procedure Act (5 U.S.C. 553) requires 

that a notice of proposed rulemaking be 

published in the Federal Register and 

interested persons be given an 

opportunity to participate in the 

rulemaking through submission of 

written data, views, or arguments with 

or without opportunity for oral 

presentation, except when the rule 

involves a matter relating to public 

property, loans, grants, benefits, or 

contracts. This rule involves benefits 


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46656 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 

and is therefore being published as a 

final rule without the prior opportunity 

for comments. 

Executive Orders 12866, 13563, 13771, 

and 13777 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review,’’ direct agencies 

to assess all costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). Executive Order 13563 

emphasized the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. Executive 

Order 13777, ‘‘Enforcing the Regulatory 

Reform Agenda,’’ established a federal 

policy to alleviate unnecessary 

regulatory burdens on the American 

people. In line with the requirement 

repeal, replace, or modify regulations, 

this rule is modifying a regulation for 

consistency with other related federal 

regulations and to update the 

requirements. 

The Office of Management and Budget 

(OMB) designated this rule as not 

significant under Executive Order 

12866, ‘‘Regulatory Planning and 

Review,’’ and therefore, OMB has not 

reviewed this rule. Executive Order 

13771, ‘‘Reducing Regulation and 

Controlling Regulatory Costs,’’ requires 

that in order to manage the private costs 

required to comply with Federal 

regulations that for every new 

significant or economically significant 

regulation issued, the new costs must be 

offset by the elimination of at least two 

prior regulations. This rule does not rise 

to the level required to comply with 

Executive Order 13771; it is also 

updating an existing regulation, 

therefore it is not a new regulation. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601–612), as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA, Pub. L. 

104–121), generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to the notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other law, unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

This rule is not subject to the Regulatory 

Flexibility Act because, as noted above, 

it is exempt from notice and comment 

rulemaking under 5 U.S.C. 553 and 

therefore, USDA is not required by any 

law to publish a proposed rule for 

public comment for this rulemaking. 

Executive Order 12372 

Executive Order 12372, 

‘‘Intergovernmental Review of Federal 

Programs,’’ requires consultation with 

State and local officials. The objectives 

of the Executive Order are to foster an 

intergovernmental partnership and a 

strengthened Federalism, by relying on 

State and local processes for State and 

local government coordination and 

review of proposed federal financial 

assistance and direct federal 

development. This rule neither provides 

federal financial assistance nor direct 

federal development. It does not provide 

either grants or cooperative agreements. 

Therefore, this rule is not subject to 

Executive Order 12372. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, ‘‘Civil Justice 

Reform.’’ This rule will not preempt 

State or local laws, regulations, or 

policies unless they represent an 

irreconcilable conflict with this rule. 

The rule will not have a retroactive 

effect. 

Executive Order 13132 

This rule has been reviewed under 

Executive Order 13132, ‘‘Federalism.’’ 

The policies contained in this rule do 

not have any substantial direct effect on 

States, on the relationship between the 

Federal government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, except as required 

by law. Nor does this rule impose 

substantial direct compliance costs on 

State and local governments. Therefore, 

consultation with the States is not 

required. 

Executive Order 13175 

This rule has been reviewed in 

accordance with the requirements of 

Executive Order 13175, ‘‘Consultation 

and Coordination with Indian Tribal 

Governments.’’ Executive Order 13175 

requires Federal agencies to consult and 

coordinate with tribes on a governmentto-government basis on policies that 

have tribal implications, including 

regulations, legislative comments or 

proposed legislation, and other policy 

statements or actions that have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

USDA has assessed the impact of this 

rule on Indian tribes and determined 

that this rule does not, to our 

knowledge, have tribal implications that 

require tribal consultation under 

Executive Order 13175. If a Tribe 

requests consultation, USDA will work 

with the USDA Office of Tribal 

Relations to ensure meaningful 

consultation is provided where 

requested. 

The Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA, Pub. L. 

104–4) requires Federal agencies to 

assess the effects of their regulatory 

actions on State, local, and Tribal 

governments, or the private sector. 

Agencies generally need to prepare a 

written statement, including a costbenefit analysis, for proposed and final 

rules with Federal mandates that may 

result in expenditures of $100 million or 

more in any year for State, local, or 

Tribal governments, in the aggregate, or 

to the private sector. UMRA generally 

requires agencies to consider 

alternatives and adopt the more cost 

effective or least burdensome alternative 

that achieves the objectives of the rule. 

This rule contains no Federal mandates, 

as defined in Title II of UMRA, for State, 

local, and Tribal governments or the 

private sector. Therefore, this rule is not 

subject to the requirements of sections 

202 and 205 of UMRA. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA) 

SBREFA normally requires that an 

agency delay the effective date of a 

major rule for 60 days from the date of 

publication to allow for Congressional 

review. This rule is not a major rule 

under SBREFA. Therefore, USDA is not 

required to delay the effective date for 

60 days from the date of publication to 

allow for Congressional review. 

Therefore, the rule is effective when 

published in the Federal Register, as 

discussed above. 

E-Government Act Compliance 

USDA is committed to complying 

with the E-Government Act, to promote 

the use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

List of Subjects in 7 CFR Part 15a 

Education, Sex discrimination, Youth 

organizations. 

■ For the reasons discussed above, 7 

CFR part 15a is revised to read as 

follows: 


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PART 15a—EDUCATION PROGRAMS 

OR ACTIVITIES RECEIVING OR 

BENEFITTING FROM FEDERAL 

FINANCIAL ASSISTANCE 

Subpart A—Introduction 

Sec. 

15a.100 Purpose. 

15a.105 Definitions. 

15a.110 Remedial and affirmative action 

and self-evaluation. 

15a.115 Assurance required. 

15a.120 Transfers of property. 

15a.125 Effect of other requirements. 

15a.130 Effect of employment 

opportunities. 

15a.135 Designation of responsible 

employee and adoption of grievance 

procedures. 

15a.140 Dissemination of policy. 

Subpart B—Coverage 

15a.200 Application. 

15a.205 Educational institutions and other 

entities controlled by religious 

organizations. 

15a.210 Military and merchant marine 

educational institutions. 

15a.215 Membership practices of certain 

organizations. 

15a.220 Admissions. 

15a.225 Educational institutions eligible to 

submit transition plans. 

15a.230 Transition plans. 

15a.235 Statutory amendments. 

Subpart C—Discrimination on the Basis of 

Sex in Admission and Recruitment 

Prohibited 

15a.300 Admission. 

15a.305 Preference in admission. 

15a.310 Recruitment. 

Subpart D—Discrimination on the Basis of 

Sex in Education Programs or Activities 

Prohibited 

15a.400 Education programs or activities. 

15a.405 Housing. 

15a.410 Comparable facilities. 

15a.415 Access to course offerings. 

15a.420 Access to schools operated by 

LEAs. 

15a.425 Counseling and use of appraisal 

and counseling materials. 

15a.430 Financial assistance. 

15a.435 Employment assistance to students. 

15a.440 Health and insurance benefits and 

services. 

15a.445 Marital or parental status. 

15a.450 Athletics. 

15a.455 Textbooks and curricular material. 

Subpart E—Discrimination on the Basis of 

Sex in Employment in Education Programs 

or Activities Prohibited 

15a.500 Employment. 

15a.505 Employment criteria. 

15a.510 Recruitment. 

15a.515 Compensation. 

15a.520 Job classification and structure. 

15a.525 Fringe benefits. 

15a.530 Marital or parental status. 

15a.535 Effect of state or local law or other 

requirements. 

15a.540 Advertising. 

15a.545 Pre-employment inquiries. 

15a.550 Sex as a bona fide occupational 

qualification. 

Subpart F—Other Provisions 

15a.605 Enforcement procedures. 

Authority: 20 U.S.C. 1681, 1682, 1683, 

1685, 1686, 1687, 1688; 42 U.S.C. 7101 et 

seq.; and 50 U.S.C. 2401 et seq. 

Subpart A—Introduction 

§ 15a.100 Purpose. 

The purpose of this part is to 

effectuate Title IX of the Education 

Amendments of 1972, as amended 

(except sections 904 and 906 of those 

Amendments) (20 U.S.C. 1681, 1682, 

1683, 1685, 1686, 1687, 1688), which is 

designed to eliminate (with certain 

exceptions) discrimination on the basis 

of sex in any education program or 

activity receiving Federal financial 

assistance, whether or not such program 

or activity is offered or sponsored by an 

educational institution as defined in 

this part. 

§ 15a.105 Definitions. 

As used in this part, the term: 

Administratively separate unit means 

a school, department, or college of an 

educational institution (other than a 

local educational agency) admission to 

which is independent of admission to 

any other component of such 

institution. 

Admission means selection for parttime, full-time, special, associate, 

transfer, exchange, or any other 

enrollment, membership, or 

matriculation in or at an education 

program or activity operated by a 

recipient. 

Applicant means one who submits an 

application, request, or plan required to 

be approved by an official of the Federal 

agency that awards Federal financial 

assistance, or by a recipient, as a 

condition to becoming a recipient. 

Designated agency official means the 

Secretary of Agriculture or any officer or 

employees of the Department to whom 

the Secretary has heretofore delegated, 

or to whom the Secretary may hereafter 

delegate, the authority to act for the 

Secretary under the regulations in this 

part. 

Educational institution means a local 

educational agency (LEA) as defined by 

20 U.S.C. 8801(18), a preschool, a 

private elementary or secondary school, 

or an applicant or recipient that is an 

institution of graduate higher education, 

an institution of undergraduate higher 

education, an institution of professional 

education, or an institution of 

vocational education, as defined in this 

section. 

Federal financial assistance means 

any of the following, when authorized 

or extended under a law administered 

by the Federal agency that awards such 

assistance: 

(1) A grant or loan of Federal financial 

assistance, including funds made 

available for: 

(i) The acquisition, construction, 

renovation, restoration, or repair of a 

building or facility or any portion 

thereof; and 

(ii) Scholarships, loans, grants, wages, 

or other funds extended to any entity for 

payment to or on behalf of students 

admitted to that entity, or extended 

directly to such students for payment to 

that entity. 

(2) A grant of Federal real or personal 

property or any interest therein, 

including surplus property, and the 

proceeds of the sale or transfer of such 

property, if the Federal share of the fair 

market value of the property is not, 

upon such sale or transfer, properly 

accounted for to the Federal 

Government. 

(3) Provision of the services of Federal 

personnel. 

(4) Sale or lease of Federal property or 

any interest therein at nominal 

consideration, or at consideration 

reduced for the purpose of assisting the 

recipient or in recognition of public 

interest to be served thereby, or 

permission to use Federal property or 

any interest therein without 

consideration. 

(5) Any other contract, agreement, or 

arrangement that has as one of its 

purposes the provision of assistance to 

any education program or activity, 

except a contract of insurance or 

guaranty. 

Institution of graduate higher 

education means an institution that: 

(1) Offers academic study beyond the 

bachelor of arts or bachelor of science 

degree, whether or not leading to a 

certificate of any higher degree in the 

liberal arts and sciences; 

(2) Awards any degree in a 

professional field beyond the first 

professional degree (regardless of 

whether the first professional degree in 

such field is awarded by an institution 

of undergraduate higher education or 

professional education); or 

(3) Awards no degree and offers no 

further academic study, but operates 

ordinarily for the purpose of facilitating 

research by persons who have received 

the highest graduate degree in any field 

of study. 

Institution of professional education 

means an institution (except any 

institution of undergraduate higher 

education) that offers a program of 

academic study that leads to a first 

professional degree in a field for which 

there is a national specialized 


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accrediting agency recognized by the 

Secretary of Education. 

Institution of undergraduate higher 

education means: 

(1) An institution offering at least two 

but less than four years of college level 

study beyond the high school level, 

leading to a diploma or an associate 

degree, or wholly or principally 

creditable toward a baccalaureate 

degree; or 

(2) An institution offering academic 

study leading to a baccalaureate degree; 

or 

(3) An agency or body that certifies 

credentials or offers degrees, but that 

may or may not offer academic study. 

Institution of vocational education 

means a school or institution (except an 

institution of professional or graduate or 

undergraduate higher education) that 

has as its primary purpose preparation 

of students to pursue a technical, 

skilled, or semiskilled occupation or 

trade, or to pursue study in a technical 

field, whether or not the school or 

institution offers certificates, diplomas, 

or degrees and whether or not it offers 

full-time study. 

Recipient means any State or political 

subdivision thereof, or any 

instrumentality of a State or political 

subdivision thereof, any public or 

private agency, institution, or 

organization, or other entity, or any 

person, to whom Federal financial 

assistance is extended directly or 

through another recipient and that 

operates an education program or 

activity that receives such assistance, 

including any subunit, successor, 

assignee, or transferee thereof. 

Student means a person who has 

gained admission. 

Title IX means Title IX of the 

Education Amendments of 1972, Public 

Law 92–318, 86 Stat. 235, 373 (codified 

as amended at 20 U.S.C. 1681–1688) 

(except sections 904 and 906 thereof), as 

amended by section 3 of Public Law 93– 

568, 88 Stat. 1855, by section 412 of the 

Education Amendments of 1976, Public 

Law 94–482, 90 Stat. 2234, and by 

Section 3 of Public Law 100–259, 102 

Stat. 28, 28–29 (20 U.S.C. 1681, 1682, 

1683, 1685, 1686, 1687, 1688). 

Transition plan means a plan subject 

to the approval of the Secretary of 

Education pursuant to section 901(a)(2) 

of the Education Amendments of 1972, 

20 U.S.C. 1681(a)(2), under which an 

educational institution operates in 

making the transition from being an 

educational institution that admits only 

students of one sex to being one that 

admits students of both sexes without 

discrimination. 

§ 15a.110 Remedial and affirmative action 

and self-evaluation. 

(a) Remedial action. If the designated 

agency official finds that a recipient has 

discriminated against persons on the 

basis of sex in an education program or 

activity, such recipient shall take such 

remedial action as the designated 

agency official deems necessary to 

overcome the effects of such 

discrimination. 

(b) Affirmative action. In the absence 

of a finding of discrimination on the 

basis of sex in an education program or 

activity, a recipient may take affirmative 

action consistent with law to overcome 

the effects of conditions that resulted in 

limited participation therein by persons 

of a particular sex. Nothing in this part 

shall be interpreted to alter any 

affirmative action obligations that a 

recipient may have under Executive 

Order 11246, 3 CFR, 1964–1965 Comp., 

p. 339; as amended by Executive Order 

11375, 3 CFR, 1966–1970 Comp., p. 684; 

as amended by Executive Order 11478, 

3 CFR, 1966–1970 Comp., p. 803; as 

amended by Executive Order 12086, 3 

CFR, 1978 Comp., p. 230; as amended 

by Executive Order 12107, 3 CFR, 1978 

Comp., p. 264. 

(c) Self-evaluation. Each recipient 

education institution shall, within one 

year of the effective date of this part: 

(1) Evaluate, in terms of the 

requirements of this part, its current 

policies and practices and the effects 

thereof concerning admission of 

students, treatment of students, and 

employment of both academic and 

nonacademic personnel working in 

connection with the recipient’s 

education program or activity; 

(2) Modify any of these policies and 

practices that do not or may not meet 

the requirements of this part; and 

(3) Take appropriate remedial steps to 

eliminate the effects of any 

discrimination that resulted or may 

have resulted from adherence to these 

policies and practices. 

(d) Availability of self-evaluation and 

related materials. Recipients shall 

maintain on file for at least three years 

following completion of the evaluation 

required under paragraph (c) of this 

section, and shall provide to the 

designated agency official upon request, 

a description of any modifications made 

pursuant to paragraph (c)(2) of this 

section and of any remedial steps taken 

pursuant to paragraph (c)(3) of this 

section. 

§ 15a.115 Assurance required. 

(a) General. Either at the application 

stage or the award stage, Federal 

agencies must ensure that applications 

for Federal financial assistance or 

awards of Federal financial assistance 

contain, be accompanied by, or be 

covered by a specifically identified 

assurance from the applicant or 

recipient, satisfactory to the designated 

agency official, that each education 

program or activity operated by the 

applicant or recipient and to which this 

part applies will be operated in 

compliance with this part. An assurance 

of compliance with this part shall not be 

satisfactory to the designated agency 

official if the applicant or recipient to 

whom such assurance applies fails to 

commit itself to take whatever remedial 

action is necessary in accordance with 

§ 15a.110(a) to eliminate existing 

discrimination on the basis of sex or to 

eliminate the effects of past 

discrimination whether occurring prior 

to or subsequent to the submission to 

the designated agency official of such 

assurance. 

(b) Duration of obligation. (1) In the 

case of Federal financial assistance 

extended to provide real property or 

structures thereon, such assurance shall 

obligate the recipient or, in the case of 

a subsequent transfer, the transferee, for 

the period during which the real 

property or structures are used to 

provide an education program or 

activity. 

(2) In the case of Federal financial 

assistance extended to provide personal 

property, such assurance shall obligate 

the recipient for the period during 

which it retains ownership or 

possession of the property. 

(3) In all other cases such assurance 

shall obligate the recipient for the 

period during which Federal financial 

assistance is extended. 

(c) Form. (1) The assurances required 

by paragraph (a) of this section, which 

may be included as part of a document 

that addresses other assurances or 

obligations, shall include that the 

applicant or recipient will comply with 

all applicable Federal statutes relating to 

nondiscrimination. These include but 

are not limited to: Title IX of the 

Education Amendments of 1972, as 

amended (20 U.S.C. 1681–1683, 1685– 

1688). 

(2) The designated agency official will 

specify the extent to which such 

assurances will be required of the 

applicant’s or recipient’s subgrantees, 

contractors, subcontractors, transferees, 

or successors in interest. 

§ 15a.120 Transfers of property. 

If a recipient sells or otherwise 

transfers property financed in whole or 

in part with Federal financial assistance 

to a transferee that operates any 

education program or activity, and the 

Federal share of the fair market value of 


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the property is not upon such sale or 

transfer properly accounted for to the 

Federal Government, both the transferor 

and the transferee shall be deemed to be 

recipients, subject to the provisions of 

§§ 15a.205 through 15a.235(a). 

§ 15a.125 Effect of other requirements. 

(a) Effect of other Federal provisions. 

The obligations imposed by this part are 

independent of, and do not alter, 

obligations not to discriminate on the 

basis of sex imposed by Executive Order 

11246, 3 CFR, 1964–1965 Comp., p. 339; 

as amended by Executive Order 11375, 

3 CFR, 1966–1970 Comp., p. 684; as 

amended by Executive Order 11478, 3 

CFR, 1966–1970 Comp., p. 803; as 

amended by Executive Order 12087, 3 

CFR, 1978 Comp., p. 230; as amended 

by Executive Order 12107, 3 CFR, 1978 

Comp., p. 264; sections 704 and 855 of 

the Public Health Service Act (42 U.S.C. 

295m, 298b–2); Title VII of the Civil 

Rights Act of 1964 (42 U.S.C. 2000e et 

seq.); the Equal Pay Act of 1963 (29 

U.S.C. 206); and any other Act of 

Congress or Federal regulation. 

(b) Effect of State or local law or other 

requirements. The obligation to comply 

with this part is not obviated or 

alleviated by any State or local law or 

other requirement that would render 

any applicant or student ineligible, or 

limit the eligibility of any applicant or 

student, on the basis of sex, to practice 

any occupation or profession. 

(c) Effect of rules or regulations of 

private organizations. The obligation to 

comply with this part is not obviated or 

alleviated by any rule or regulation of 

any organization, club, athletic or other 

league, or association that would render 

any applicant or student ineligible to 

participate or limit the eligibility or 

participation of any applicant or 

student, on the basis of sex, in any 

education program or activity operated 

by a recipient and that receives Federal 

financial assistance. 

§ 15a.130 Effect of employment 

opportunities. 

The obligation to comply with this 

part is not obviated or alleviated 

because employment opportunities in 

any occupation or profession are or may 

be more limited for members of one sex 

than for members of the other sex. 

§ 15a.135 Designation of responsible 

employee and adoption of grievance 

procedures. 

(a) Designation of responsible 

employee. Each recipient shall designate 

at least one employee to coordinate its 

efforts to comply with and carry out its 

responsibilities under this part, 

including any investigation of any 

complaint communicated to such 

recipient alleging its noncompliance 

with this part or alleging any actions 

that would be prohibited by this part. 

The recipient shall notify all its students 

and employees of the name, office 

address, and telephone number of the 

employee or employees appointed 

pursuant to this paragraph. 

(b) Complaint procedure of recipient. 

A recipient shall adopt and publish 

grievance procedures providing for 

prompt and equitable resolution of 

student and employee complaints 

alleging any action that would be 

prohibited by this part. 

§ 15a.140 Dissemination of policy. 

(a) Notification of policy. (1) Each 

recipient shall implement specific and 

continuing steps to notify applicants for 

admission and employment, students 

and parents of elementary and 

secondary school students, employees, 

sources of referral of applicants for 

admission and employment, and all 

unions or professional organizations 

holding collective bargaining or 

professional agreements with the 

recipient, that it does not discriminate 

on the basis of sex in the educational 

programs or activities that it operates, 

and that it is required by Title IX and 

this part not to discriminate in such a 

manner. Such notification shall contain 

such information, and be made in such 

manner, as the designated agency 

official finds necessary to apprise such 

persons of the protections against 

discrimination assured them by Title IX 

and this part, but shall state at least that 

the requirement not to discriminate in 

education programs or activities extends 

to employment therein, and to 

admission thereto unless §§ 15a.300 

through 15a.310 do not apply to the 

recipient, and that inquiries concerning 

the application of Title IX and this part 

to such recipient may be referred to the 

employee designated pursuant to 

§ 15a.135, or to the designated agency 

official. 

(2) Each recipient shall make the 

initial notification required by 

paragraph (a)(1) of this section within 

90 days of the date this part first applies 

to such recipient, which notification 

shall include publication in: 

(i) Newspapers and magazines 

operated by such recipient or by 

student, alumnae, or alumni groups for 

or in connection with such recipient; 

and 

(ii) Memoranda or other written 

communications distributed to every 

student and employee of such recipient. 

(b) Publications. (1) Each recipient 

shall prominently include a statement of 

the policy described in paragraph (a) of 

this section in each announcement, 

bulletin, catalog, or application form 

that it makes available to any person of 

a type, described in paragraph (a) of this 

section, or which is otherwise used in 

connection with the recruitment of 

students or employees. 

(2) A recipient shall not use or 

distribute a publication of the type 

described in paragraph (b)(1) of this 

section that suggests, by text or 

illustration, that such recipient treats 

applicants, students, or employees 

differently on the basis of sex except as 

such treatment is permitted by this part. 

(c) Distribution. Each recipient shall 

distribute without discrimination on the 

basis of sex each publication described 

in paragraph (b)(1) of this section, and 

shall apprise each of its admission and 

employment recruitment representatives 

of the policy of nondiscrimination 

described in paragraph (a) of this 

section, and shall require such 

representatives to adhere to such policy. 

Subpart B—Coverage 

§ 15a.200 Application. 

Except as provided in §§ 15a.205 

through 15a.235(a), this part applies to 

every recipient and to each education 

program or activity operated by such 

recipient that receives Federal financial 

assistance. 

§ 15a.205 Educational institutions and 

other entities controlled by religious 

organizations. 

(a) Exemption. This part does not 

apply to any operation of an educational 

institution or other entity that is 

controlled by a religious organization to 

the extent that application of this part 

would not be consistent with the 

religious tenets of such organization. 

(b) Exemption claims. An educational 

institution or other entity that wishes to 

claim the exemption set forth in 

paragraph (a) of this section shall do so 

by submitting in writing to the 

designated agency official a statement 

by the highest-ranking official of the 

institution, identifying the provisions of 

this part that conflict with a specific 

tenet of the religious organization. 

§ 15a.210 Military and merchant marine 

educational institutions. 

This part does not apply to an 

educational institution whose primary 

purpose is the training of individuals for 

a military service of the United States or 

for the merchant marine. 

§ 15a.215 Membership practices of certain 

organizations. 

(a) Social fraternities and sororities. 

This part does not apply to the 

membership practices of social 

fraternities and sororities that are 


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exempt from taxation under section 

501(a) of the Internal Revenue Code of 

1954, 26 U.S.C. 501(a), the active 

membership of which consists primarily 

of students in attendance at institutions 

of higher education. 

(b) YMCA, YWCA, Girl Scouts, Boy 

Scouts, and Camp Fire Girls. This part 

does not apply to the membership 

practices of the Young Men’s Christian 

Association (YMCA), the Young 

Women’s Christian Association 

(YWCA), the Girl Scouts, the Boy 

Scouts, and Camp Fire Girls. 

(c) Voluntary youth service 

organizations. This part does not apply 

to the membership practices of a 

voluntary youth service organization 

that is exempt from taxation under 

section 501(a) of the Internal Revenue 

Code of 1954, 26 U.S.C. 501(a), and the 

membership of which has been 

traditionally limited to members of one 

sex and principally to persons of less 

than nineteen years of age. 

§ 15a.220 Admissions. 

(a) Admissions to educational 

institutions prior to June 24, 1973, are 

not covered by this part. 

(b) Administratively separate units. 

For the purposes only of this section, 

§§ 15a.225 and 15a.230, and §§ 15a.300 

through 15a.310, each administratively 

separate unit shall be deemed to be an 

educational institution. 

(c) Application of §§ 15a.300 through 

15a.310. Except as provided in 

paragraphs (d) and (e) of this section, 

§§ 15a.300 through 15a.310 apply to 

each recipient. A recipient to which 

§§ 15a.300 through 15a.310 apply shall 

not discriminate on the basis of sex in 

admission or recruitment in violation of 

§§ 15a.300 through 15a.310. 

(d) Educational institutions. Except as 

provided in paragraph (e) of this section 

as to recipients that are educational 

institutions, §§ 15a.300 through 15a.310 

apply only to institutions of vocational 

education, professional education, 

graduate higher education, and public 

institutions of undergraduate higher 

education. 

(e) Public institutions of 

undergraduate higher education. 

Sections 15a.300 through 15a.310 do not 

apply to any public institution of 

undergraduate higher education that 

traditionally and continually from its 

establishment has had a policy of 

admitting students of only one sex. 

§ 15a.225 Educational institutions eligible 

to submit transition plans. 

(a) Application. This section applies 

to each educational institution to which 

§§ 15a.300 through 15a.310 apply that: 

(1) Admitted students of only one sex 

as regular students as of June 23, 1972; 

or 

(2) Admitted students of only one sex 

as regular students as of June 23, 1965, 

but thereafter admitted, as regular 

students, students of the sex not 

admitted prior to June 23, 1965. 

(b) Provision for transition plans. An 

educational institution to which this 

section applies shall not discriminate on 

the basis of sex in admission or 

recruitment in violation of §§ 15a.300 

through 15a.310. 

§ 15a.230 Transition plans. 

(a) Submission of plans. An 

institution to which § 15a.225 applies 

and that is composed of more than one 

administratively separate unit may 

submit either a single transition plan 

applicable to all such units, or a 

separate transition plan applicable to 

each such unit. 

(b) Content of plans. In order to be 

approved by the Secretary of Education, 

a transition plan shall: 

(1) State the name, address, and 

Federal Interagency Committee on 

Education Code of the educational 

institution submitting such plan, the 

administratively separate units to which 

the plan is applicable, and the name, 

address, and telephone number of the 

person to whom questions concerning 

the plan may be addressed. The person 

who submits the plan shall be the chief 

administrator or president of the 

institution, or another individual legally 

authorized to bind the institution to all 

actions set forth in the plan. 

(2) State whether the educational 

institution or administratively separate 

unit admits students of both sexes as 

regular students and, if so, when it 

began to do so. 

(3) Identify and describe with respect 

to the educational institution or 

administratively separate unit any 

obstacles to admitting students without 

discrimination on the basis of sex. 

(4) Describe in detail the steps 

necessary to eliminate as soon as 

practicable each obstacle so identified 

and indicate the schedule for taking 

these steps and the individual directly 

responsible for their implementation. 

(5) Include estimates of the number of 

students, by sex, expected to apply for, 

be admitted to, and enter each class 

during the period covered by the plan. 

(c) Nondiscrimination. No policy or 

practice of a recipient to which 

§ 15a.225 applies shall result in 

treatment of applicants to or students of 

such recipient in violation of §§ 15a.300 

through 15a.310 unless such treatment 

is necessitated by an obstacle identified 

in paragraph (b)(3) of this section and a 

schedule for eliminating that obstacle 

has been provided as required by 

paragraph (b)(4) of this section. 

(d) Effects of past exclusion. To 

overcome the effects of past exclusion of 

students on the basis of sex, each 

educational institution to which 

§ 15a.225 applies shall include in its 

transition plan, and shall implement, 

specific steps designed to encourage 

individuals of the previously excluded 

sex to apply for admission to such 

institution. Such steps shall include 

instituting recruitment programs that 

emphasize the institution’s commitment 

to enrolling students of the sex 

previously excluded. 

§ 15a.235 Statutory amendments. 

(a) This section, which applies to all 

provisions of this part, addresses 

statutory amendments to Title IX. 

(b) This part shall not apply to or 

preclude: 

(1) Any program or activity of the 

American Legion undertaken in 

connection with the organization or 

operation of any Boys State conference, 

Boys Nation conference, Girls State 

conference, or Girls Nation conference; 

(2) Any program or activity of a 

secondary school or educational 

institution specifically for: 

(i) The promotion of any Boys State 

conference, Boys Nation conference, 

Girls State conference, or Girls Nation 

conference; or 

(ii) The selection of students to attend 

any such conference; 

(3) Father-son or mother-daughter 

activities at an educational institution or 

in an education program or activity, but 

if such activities are provided for 

students of one sex, opportunities for 

reasonably comparable activities shall 

be provided to students of the other sex; 

(4) Any scholarship or other financial 

assistance awarded by an institution of 

higher education to an individual 

because such individual has received 

such award in a single-sex pageant 

based upon a combination of factors 

related to the individual’s personal 

appearance, poise, and talent. The 

pageant, however, must comply with 

other nondiscrimination provisions of 

Federal law. 

(c) Program or activity or program 

means: 

(1) All of the operations of any entity 

described in paragraphs (c)(1)(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 


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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 that is 

established by two or more of the 

entities described in paragraphs (c)(1)(i), 

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

(2)(i) Program or activity does not 

include any operation of an entity that 

is controlled by a religious organization 

if the application of 20 U.S.C. 1681 to 

such operation would not be consistent 

with the religious tenets of such 

organization. 

(ii) For example, all of the operations 

of a college, university, or other 

postsecondary institution, including but 

not limited to traditional educational 

operations, faculty and student housing, 

campus shuttle bus service, campus 

restaurants, the bookstore, and other 

commercial activities are part of a 

‘‘program or activity’’ subject to this part 

if the college, university, or other 

institution receives Federal financial 

assistance. 

(d)(1) Nothing in this part shall be 

construed to require or prohibit any 

person, or public or private entity, to 

provide or pay for any benefit or service, 

including the use of facilities, related to 

an abortion. Medical procedures, 

benefits, services, and the use of 

facilities, necessary to save the life of a 

pregnant woman or to address 

complications related to an abortion are 

not subject to this section. 

(2) Nothing in this section shall be 

construed to permit a penalty to be 

imposed on any person or individual 

because such person or individual is 

seeking or has received any benefit or 

service related to a legal abortion. 

Accordingly, subject to paragraph (d)(1) 

of this section, no person shall be 

excluded from participation in, be 

denied the benefits of, or be subjected 

to discrimination under any academic, 

extracurricular, research, occupational 

training, employment, or other 

educational program or activity 

operated by a recipient that receives 

Federal financial assistance because 

such individual has sought or received, 

or is seeking, a legal abortion, or any 

benefit or service related to a legal 

abortion. 

Subpart C—Discrimination on the 

Basis of Sex in Admission and 

Recruitment Prohibited 

§ 15a.300 Admission. 

(a) General. No person shall, on the 

basis of sex, be denied admission, or be 

subjected to discrimination in 

admission, by any recipient to which 

§§ 15a.300 through 15a.310 apply, 

except as provided in §§ 15a.225 and 

15a.230. 

(b) Specific prohibitions. (1) In 

determining whether a person satisfies 

any policy or criterion for admission, or 

in making any offer of admission, a 

recipient to which §§ 15a.300 through 

15a.310 apply shall not: 

(i) Give preference to one person over 

another on the basis of sex, by ranking 

applicants separately on such basis, or 

otherwise; 

(ii) Apply numerical limitations upon 

the number or proportion of persons of 

either sex who may be admitted; or 

(iii) Otherwise treat one individual 

differently from another on the basis of 

sex. 

(2) A recipient shall not administer or 

operate any test or other criterion for 

admission that has a disproportionately 

adverse effect on persons on the basis of 

sex unless the use of such test or 

criterion is shown to predict validly 

success in the education program or 

activity in question and alternative tests 

or criteria that do not have such a 

disproportionately adverse effect are 

shown to be unavailable. 

(c) Prohibitions relating to marital or 

parental status. In determining whether 

a person satisfies any policy or criterion 

for admission, or in making any offer of 

admission, a recipient to which 

§§ 15a.300 through 15a.310 apply: 

(1) Shall not apply any rule 

concerning the actual or potential 

parental, family, or marital status of a 

student or applicant that treats persons 

differently on the basis of sex; 

(2) Shall not discriminate against or 

exclude any person on the basis of 

pregnancy, childbirth, termination of 

pregnancy, or recovery therefrom, or 

establish or follow any rule or practice 

that so discriminates or excludes; 

(3) Subject to § 15a.235(d), shall treat 

disabilities related to pregnancy, 

childbirth, termination of pregnancy, or 

recovery therefrom in the same manner 

and under the same policies as any 

other temporary disability or physical 

condition; and 

(4) Shall not make pre-admission 

inquiry as to the marital status of an 

applicant for admission, including 

whether such applicant is ‘‘Miss’’ or 

‘‘Mrs.’’ A recipient may make preadmission inquiry as to the sex of an 

applicant for admission, but only if such 

inquiry is made equally of such 

applicants of both sexes and if the 

results of such inquiry are not used in 

connection with discrimination 

prohibited by this part. 

§ 15a.305 Preference in admission. 

A recipient to which §§ 15a.300 

through 15a.310 apply shall not give 

preference to applicants for admission, 

on the basis of attendance at any 

educational institution or other school 

or entity that admits as students only or 

predominantly members of one sex, if 

the giving of such preference has the 

effect of discriminating on the basis of 

sex in violation of §§ 15a.300 through 

15a.310. 

§ 15a.310 Recruitment. 

(a) Nondiscriminatory recruitment. A 

recipient to which §§ 15a.300 through 

15a.310 apply shall not discriminate on 

the basis of sex in the recruitment and 

admission of students. A recipient may 

be required to undertake additional 

recruitment efforts for one sex as 

remedial action pursuant to 

§ 15a.110(a), and may choose to 

undertake such efforts as affirmative 

action pursuant to § 15a.110(b). 

(b) Recruitment at certain institutions. 

A recipient to which §§ 15a.300 through 

15a.310 apply shall not recruit primarily 

or exclusively at educational 

institutions, schools, or entities that 

admit as students only or 

predominantly members of one sex, if 

such actions have the effect of 

discriminating on the basis of sex in 

violation of §§ 15a.300 through 15a.310. 

Subpart D—Discrimination on the 

Basis of Sex in Education Programs or 

Activities Prohibited 

§ 15a.400 Education programs or 

activities. 

(a) General. Except as provided 

elsewhere in this part, no person shall, 


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on the basis of sex, be excluded from 

participation in, be denied the benefits 

of, or be subjected to discrimination 

under any academic, extracurricular, 

research, occupational training, or other 

education program or activity operated 

by a recipient that receives Federal 

financial assistance. Sections 15a.400 

through 15a.455 do not apply to actions 

of a recipient in connection with 

admission of its students to an 

education program or activity of a 

recipient to which §§ 15a.300 through 

15a.310 do not apply, or an entity, not 

a recipient, to which §§ 15a.300 through 

15a.310 would not apply if the entity 

were a recipient. 

(b) Specific prohibitions. Except as 

provided in §§ 15a.400 through 15a.455, 

in providing any aid, benefit, or service 

to a student, a recipient shall not, on the 

basis of sex: 

(1) Treat one person differently from 

another in determining whether such 

person satisfies any requirement or 

condition for the provision of such aid, 

benefit, or service; 

(2) Provide different aid, benefits, or 

services or provide aid, benefits, or 

services in a different manner; 

(3) Deny any person any such aid, 

benefit, or service; 

(4) Subject any person to separate or 

different rules of behavior, sanctions, or 

other treatment; 

(5) Apply any rule concerning the 

domicile or residence of a student or 

applicant, including eligibility for 

instate fees and tuition; 

(6) Aid or perpetuate discrimination 

against any person by providing 

significant assistance to any agency, 

organization, or person that 

discriminates on the basis of sex in 

providing any aid, benefit, or service to 

students or employees; 

(7) Otherwise limit any person in the 

enjoyment of any right, privilege, 

advantage, or opportunity. 

(c) Assistance administered by a 

recipient educational institution to 

study at a foreign institution. A 

recipient educational institution may 

administer or assist in the 

administration of scholarships, 

fellowships, or other awards established 

by foreign or domestic wills, trusts, or 

similar legal instruments, or by acts of 

foreign governments and restricted to 

members of one sex, that are designed 

to provide opportunities to study 

abroad, and that are awarded to students 

who are already matriculating at or who 

are graduates of the recipient 

institution; Provided, that a recipient 

educational institution that administers 

or assists in the administration of such 

scholarships, fellowships, or other 

awards that are restricted to members of 

one sex provides, or otherwise makes 

available, reasonable opportunities for 

similar studies for members of the other 

sex. Such opportunities may be derived 

from either domestic or foreign sources. 

(d) Aids, benefits or services not 

provided by recipient. (1) This 

paragraph (d) applies to any recipient 

that requires participation by any 

applicant, student, or employee in any 

education program or activity not 

operated wholly by such recipient, or 

that facilitates, permits, or considers 

such participation as part of or 

equivalent to an education program or 

activity operated by such recipient, 

including participation in educational 

consortia and cooperative employment 

and student-teaching assignments. 

(2) Such recipient: 

(i) Shall develop and implement a 

procedure designed to assure itself that 

the operator or sponsor of such other 

education program or activity takes no 

action affecting any applicant, student, 

or employee of such recipient that this 

part would prohibit such recipient from 

taking; and 

(ii) Shall not facilitate, require, 

permit, or consider such participation if 

such action occurs. 

§ 15a.405 Housing. 

(a) Generally. A recipient shall not, on 

the basis of sex, apply different rules or 

regulations, impose different fees or 

requirements, or offer different services 

or benefits related to housing, except as 

provided in this section (including 

housing provided only to married 

students). 

(b) Housing provided by recipient. (1) 

A recipient may provide separate 

housing on the basis of sex. 

(2) Housing provided by a recipient to 

students of one sex, when compared to 

that provided to students of the other 

sex, shall be as a whole: 

(i) Proportionate in quantity to the 

number of students of that sex applying 

for such housing; and 

(ii) Comparable in quality and cost to 

the student. 

(c) Other housing. (1) A recipient shall 

not, on the basis of sex, administer 

different policies or practices 

concerning occupancy by its students of 

housing other than that provided by 

such recipient. 

(2)(i) A recipient which, through 

solicitation, listing, approval of housing, 

or otherwise, assists any agency, 

organization, or person in making 

housing available to any of its students, 

shall take such reasonable action as may 

be necessary to assure itself that such 

housing as is provided to students of 

one sex, when compared to that 

provided to students of the other sex, is 

as a whole: 

(A) Proportionate in quantity; and 

(B) Comparable in quality and cost to 

the student. 

(ii) A recipient may render such 

assistance to any agency, organization, 

or person that provides all or part of 

such housing to students of only one 

sex. 

§ 15a.410 Comparable facilities. 

A recipient may provide separate 

toilet, locker room, and shower facilities 

on the basis of sex, but such facilities 

provided for students of one sex shall be 

comparable to such facilities provided 

for students of the other sex. 

§ 15a.415 Access to course offerings. 

(a) A recipient shall not provide any 

course or otherwise carry out any of its 

education program or activity separately 

on the basis of sex, or require or refuse 

participation therein by any of its 

students on such basis, including 

health, physical education, industrial, 

business, vocational, technical, home 

economics, music, and adult education 

courses. 

(b)(1) With respect to classes and 

activities in physical education at the 

elementary school level, the recipient 

shall comply fully with this section as 

expeditiously as possible but in no 

event later than one year from the 

effective date of these regulations. With 

respect to physical education classes 

and activities at the secondary and postsecondary levels, the recipient shall 

comply fully with this section as 

expeditiously as possible but in no 

event later than three years from the 

effective date of these regulations. 

(2) This section does not prohibit 

grouping of students in physical 

education classes and activities by 

ability as assessed by objective 

standards of individual performance 

developed and applied without regard 

to sex. 

(3) This section does not prohibit 

separation of students by sex within 

physical education classes or activities 

during participation in wrestling, 

boxing, rugby, ice hockey, football, 

basketball, and other sports the purpose 

or major activity of which involves 

bodily contact. 

(4) Where use of a single standard of 

measuring skill or progress in a physical 

education class has an adverse effect on 

members of one sex, the recipient shall 

use appropriate standards that do not 

have such effect. 

(5) Portions of classes in elementary 

and secondary schools, or portions of 

education programs or activities, that 

deal exclusively with human sexuality 


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may be conducted in separate sessions 

for boys and girls. 

(6) Recipients may make requirements 

based on vocal range or quality that may 

result in a chorus or choruses of one or 

predominantly one sex. 

§ 15a.420 Access to schools operated by 

LEAs. 

A recipient that is a local educational 

agency shall not, on the basis of sex, 

exclude any person from admission to: 

(a) Any institution of vocational 

education operated by such recipient; or 

(b) Any other school or educational 

unit operated by such recipient, unless 

such recipient otherwise makes 

available to such person, pursuant to the 

same policies and criteria of admission, 

courses, services, and facilities 

comparable to each course, service, and 

facility offered in or through such 

schools. 

§ 15a.425 Counseling and use of appraisal 

and counseling materials. 

(a) Counseling. A recipient shall not 

discriminate against any person on the 

basis of sex in the counseling or 

guidance of students or applicants for 

admission. 

(b) Use of appraisal and counseling 

materials. A recipient that uses testing 

or other materials for appraising or 

counseling students shall not use 

different materials for students on the 

basis of their sex or use materials that 

permit or require different treatment of 

students on such basis unless such 

different materials cover the same 

occupations and interest areas and the 

use of such different materials is shown 

to be essential to eliminate sex bias. 

Recipients shall develop and use 

internal procedures for ensuring that 

such materials do not discriminate on 

the basis of sex. Where the use of a 

counseling test or other instrument 

results in a substantially 

disproportionate number of members of 

one sex in any particular course of study 

or classification, the recipient shall take 

such action as is necessary to assure 

itself that such disproportion is not the 

result of discrimination in the 

instrument or its application. 

(c) Disproportion in classes. Where a 

recipient finds that a particular class 

contains a substantially 

disproportionate number of individuals 

of one sex, the recipient shall take such 

action as is necessary to assure itself 

that such disproportion is not the result 

of discrimination on the basis of sex in 

counseling or appraisal materials or by 

counselors. 

§ 15a.430 Financial assistance. 

(a) General. Except as provided in 

paragraphs (b) and (c) of this section, in 

providing financial assistance to any of 

its students, a recipient shall not: 

(1) On the basis of sex, provide 

different amounts or types of such 

assistance, limit eligibility for such 

assistance that is of any particular type 

or source, apply different criteria, or 

otherwise discriminate; 

(2) Through solicitation, listing, 

approval, provision of facilities, or other 

services, assist any foundation, trust, 

agency, organization, or person that 

provides assistance to any of such 

recipient’s students in a manner that 

discriminates on the basis of sex; or 

(3) Apply any rule or assist in 

application of any rule concerning 

eligibility for such assistance that treats 

persons of one sex differently from 

persons of the other sex with regard to 

marital or parental status. 

(b) Financial aid established by 

certain legal instruments. (1) A recipient 

may administer or assist in the 

administration of scholarships, 

fellowships, or other forms of financial 

assistance established pursuant to 

domestic or foreign wills, trusts, 

bequests, or similar legal instruments or 

by acts of a foreign government that 

require that awards be made to members 

of a particular sex specified therein; 

Provided, that the overall effect of the 

award of such sex-restricted 

scholarships, fellowships, and other 

forms of financial assistance does not 

discriminate on the basis of sex. 

(2) To ensure nondiscriminatory 

awards of assistance as required in 

paragraph (b)(1) of this section, 

recipients shall develop and use 

procedures under which: 

(i) Students are selected for award of 

financial assistance on the basis of 

nondiscriminatory criteria and not on 

the basis of availability of funds 

restricted to members of a particular 

sex; 

(ii) An appropriate sex-restricted 

scholarship, fellowship, or other form of 

financial assistance is allocated to each 

student selected under paragraph 

(b)(2)(i) of this section; and 

(iii) No student is denied the award 

for which he or she was selected under 

paragraph (b)(2)(i) of this section 

because of the absence of a scholarship, 

fellowship, or other form of financial 

assistance designated for a member of 

that student’s sex. 

(c) Athletic scholarships. (1) To the 

extent that a recipient awards athletic 

scholarships or grants-in-aid, it must 

provide reasonable opportunities for 

such awards for members of each sex in 

proportion to the number of students of 

each sex participating in interscholastic 

or intercollegiate athletics. 

(2) A recipient may provide separate 

athletic scholarships or grants-in-aid for 

members of each sex as part of separate 

athletic teams for members of each sex 

to the extent consistent with this 

paragraph (c) and § 15a.450. 

§ 15a.435 Employment assistance to 

students. 

(a) Assistance by recipient in making 

available outside employment. A 

recipient that assists any agency, 

organization, or person in making 

employment available to any of its 

students: 

(1) Shall assure itself that such 

employment is made available without 

discrimination on the basis of sex; and 

(2) Shall not render such services to 

any agency, organization, or person that 

discriminates on the basis of sex in its 

employment practices. 

(b) Employment of students by 

recipients. A recipient that employs any 

of its students shall not do so in a 

manner that violates §§ 15a.500 through 

15a.550. 

§ 15a.440 Health and insurance benefits 

and services. 

Subject to § 15a.235(d), in providing a 

medical, hospital, accident, or life 

insurance benefit, service, policy, or 

plan to any of its students, a recipient 

shall not discriminate on the basis of 

sex, or provide such benefit, service, 

policy, or plan in a manner that would 

violate §§ 15a.500 through 15a.550 if it 

were provided to employees of the 

recipient. This section shall not prohibit 

a recipient from providing any benefit 

or service that may be used by a 

different proportion of students of one 

sex than of the other, including family 

planning services. However, any 

recipient that provides full coverage 

health service shall provide 

gynecological care. 

§ 15a.445 Marital or parental status. 

(a) Status generally. A recipient shall 

not apply any rule concerning a 

student’s actual or potential parental, 

family, or marital status that treats 

students differently on the basis of sex. 

(b) Pregnancy and related conditions. 

(1) A recipient shall not discriminate 

against any student, or exclude any 

student from its education program or 

activity, including any class or 

extracurricular activity, on the basis of 

such student’s pregnancy, childbirth, 

false pregnancy, termination of 

pregnancy, or recovery therefrom, 

unless the student requests voluntarily 

to participate in a separate portion of 

the program or activity of the recipient. 

(2) A recipient may require such a 

student to obtain the certification of a 


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physician that the student is physically 

and emotionally able to continue 

participation as long as such a 

certification is required of all students 

for other physical or emotional 

conditions requiring the attention of a 

physician. 

(3) A recipient that operates a portion 

of its education program or activity 

separately for pregnant students, 

admittance to which is completely 

voluntary on the part of the student as 

provided in paragraph (b)(1) of this 

section, shall ensure that the separate 

portion is comparable to that offered to 

non-pregnant students. 

(4) Subject to § 15a.235(d), a recipient 

shall treat pregnancy, childbirth, false 

pregnancy, termination of pregnancy 

and recovery therefrom in the same 

manner and under the same policies as 

any other temporary disability with 

respect to any medical or hospital 

benefit, service, plan, or policy that 

such recipient administers, operates, 

offers, or participates in with respect to 

students admitted to the recipient’s 

educational program or activity. 

(5) In the case of a recipient that does 

not maintain a leave policy for its 

students, or in the case of a student who 

does not otherwise qualify for leave 

under such a policy, a recipient shall 

treat pregnancy, childbirth, false 

pregnancy, termination of pregnancy, 

and recovery therefrom as a justification 

for a leave of absence for as long a 

period of time as is deemed medically 

necessary by the student’s physician, at 

the conclusion of which the student 

shall be reinstated to the status that she 

held when the leave began. 

§ 15a.450 Athletics. 

(a) General. No person shall, on the 

basis of sex, be excluded from 

participation in, be denied the benefits 

of, be treated differently from another 

person, or otherwise be discriminated 

against in any interscholastic, 

intercollegiate, club, or intramural 

athletics offered by a recipient, and no 

recipient shall provide any such 

athletics separately on such basis. 

(b) Separate teams. Notwithstanding 

the requirements of paragraph (a) of this 

section, a recipient may operate or 

sponsor separate teams for members of 

each sex where selection for such teams 

is based upon competitive skill or the 

activity involved is a contact sport. 

However, where a recipient operates or 

sponsors a team in a particular sport for 

members of one sex but operates or 

sponsors no such team for members of 

the other sex, and athletic opportunities 

for members of that sex have previously 

been limited, members of the excluded 

sex must be allowed to try out for the 

team offered unless the sport involved 

is a contact sport. For the purposes of 

this part, contact sports include boxing, 

wrestling, rugby, ice hockey, football, 

basketball, and other sports the purpose 

or major activity of which involves 

bodily contact. 

(c) Equal opportunity. (1) A recipient 

that operates or sponsors 

interscholastic, intercollegiate, club, or 

intramural athletics shall provide equal 

athletic opportunity for members of 

both sexes. In determining whether 

equal opportunities are available, the 

designated agency official will consider, 

among other factors: 

(i) Whether the selection of sports and 

levels of competition effectively 

accommodate the interests and abilities 

of members of both sexes; 

(ii) The provision of equipment and 

supplies; 

(iii) Scheduling of games and practice 

time; 

(iv) Travel and per diem allowance; 

(v) Opportunity to receive coaching 

and academic tutoring; 

(vi) Assignment and compensation of 

coaches and tutors; 

(vii) Provision of locker rooms, 

practice, and competitive facilities; 

(viii) Provision of medical and 

training facilities and services; 

(ix) Provision of housing and dining 

facilities and services; 

(x) Publicity. 

(2) For purposes of paragraph (c)(1) of 

this section, unequal aggregate 

expenditures for members of each sex or 

unequal expenditures for male and 

female teams if a recipient operates or 

sponsors separate teams will not 

constitute noncompliance with this 

section, but the designated agency 

official may consider the failure to 

provide necessary funds for teams for 

one sex in assessing equality of 

opportunity for members of each sex. 

(d) Adjustment period. A recipient 

that operates or sponsors 

interscholastic, intercollegiate, club, or 

intramural athletics at the elementary 

school level shall comply fully with this 

section as expeditiously as possible but 

in no event later than one year from the 

effective date of these regulations. A 

recipient that operates or sponsors 

interscholastic, intercollegiate, club, or 

intramural athletics at the secondary or 

postsecondary school level shall comply 

fully with this section as expeditiously 

as possible but in no event later than 

three years from the effective date of 

these regulations. 

§ 15a.455 Textbooks and curricular 

material. 

Nothing in this part shall be 

interpreted as requiring or prohibiting 

or abridging in any way the use of 

particular textbooks or curricular 

materials. 

Subpart E—Discrimination on the 

Basis of Sex in Employment in 

Education Programs or Activities 

Prohibited 

§ 15a.500 Employment. 

(a) General. (1) No person shall, on 

the basis of sex, be excluded from 

participation in, be denied the benefits 

of, or be subjected to discrimination in 

employment, or recruitment, 

consideration, or selection therefor, 

whether full-time or part-time, under 

any education program or activity 

operated by a recipient that receives 

Federal financial assistance. 

(2) A recipient shall make all 

employment decisions in any education 

program or activity operated by such 

recipient in a nondiscriminatory 

manner and shall not limit, segregate, or 

classify applicants or employees in any 

way that could adversely affect any 

applicant’s or employee’s employment 

opportunities or status because of sex. 

(3) A recipient shall not enter into any 

contractual or other relationship which 

directly or indirectly has the effect of 

subjecting employees or students to 

discrimination prohibited by §§ 15a.500 

through 15a.550, including 

relationships with employment and 

referral agencies, with labor unions, and 

with organizations providing or 

administering fringe benefits to 

employees of the recipient. 

(4) A recipient shall not grant 

preferences to applicants for 

employment on the basis of attendance 

at any educational institution or entity 

that admits as students only or 

predominantly members of one sex, if 

the giving of such preferences has the 

effect of discriminating on the basis of 

sex in violation of this part. 

(b) Application. The provisions of 

§§ 15a.500 through 15a.550 apply to: 

(1) Recruitment, advertising, and the 

process of application for employment; 

(2) Hiring, upgrading, promotion, 

consideration for and award of tenure, 

demotion, transfer, layoff, termination, 

application of nepotism policies, right 

of return from layoff, and rehiring; 

(3) Rates of pay or any other form of 

compensation, and changes in 

compensation; 

(4) Job assignments, classifications, 

and structure, including position 

descriptions, lines of progression, and 

seniority lists; 

(5) The terms of any collective 

bargaining agreement; 

(6) Granting and return from leaves of 

absence, leave for pregnancy, childbirth, 


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false pregnancy, termination of 

pregnancy, leave for persons of either 

sex to care for children or dependents, 

or any other leave; 

(7) Fringe benefits available by virtue 

of employment, whether or not 

administered by the recipient; 

(8) Selection and financial support for 

training, including apprenticeship, 

professional meetings, conferences, and 

other related activities, selection for 

tuition assistance, selection for 

sabbaticals and leaves of absence to 

pursue training; 

(9) Employer-sponsored activities, 

including social or recreational 

programs; and 

(10) Any other term, condition, or 

privilege of employment. 

§ 15a.505 Employment criteria. 

A recipient shall not administer or 

operate any test or other criterion for 

any employment opportunity that has a 

disproportionately adverse effect on 

persons on the basis of sex unless: 

(a) Use of such test or other criterion 

is shown to predict validly successful 

performance in the position in question; 

and 

(b) Alternative tests or criteria for 

such purpose, which do not have such 

disproportionately adverse effect, are 

shown to be unavailable. 

§ 15a.510 Recruitment. 

(a) Nondiscriminatory recruitment 

and hiring. A recipient shall not 

discriminate on the basis of sex in the 

recruitment and hiring of employees. 

Where a recipient has been found to be 

presently discriminating on the basis of 

sex in the recruitment or hiring of 

employees, or has been found to have so 

discriminated in the past, the recipient 

shall recruit members of the sex so 

discriminated against so as to overcome 

the effects of such past or present 

discrimination. 

(b) Recruitment patterns. A recipient 

shall not recruit primarily or exclusively 

at entities that furnish as applicants 

only or predominantly members of one 

sex if such actions have the effect of 

discriminating on the basis of sex in 

violation of §§ 15a.500 through 15a.550. 

§ 15a.515 Compensation. 

A recipient shall not make or enforce 

any policy or practice that, on the basis 

of sex: 

(a) Makes distinctions in rates of pay 

or other compensation; 

(b) Results in the payment of wages to 

employees of one sex at a rate less than 

that paid to employees of the opposite 

sex for equal work on jobs the 

performance of which requires equal 

skill, effort, and responsibility, and that 

are performed under similar working 

conditions. 

§ 15a.520 Job classification and structure. 

A recipient shall not: 

(a) Classify a job as being for males or 

for females; 

(b) Maintain or establish separate 

lines of progression, seniority lists, 

career ladders, or tenure systems based 

on sex; or 

(c) Maintain or establish separate 

lines of progression, seniority systems, 

career ladders, or tenure systems for 

similar jobs, position descriptions, or 

job requirements that classify persons 

on the basis of sex, unless sex is a bona 

fide occupational qualification for the 

positions in question as set forth in 

§ 15a.550. 

§ 15a.525 Fringe benefits. 

(a) ‘‘Fringe benefits’’ defined. For 

purposes of this part, fringe benefits 

means: Any medical, hospital, accident, 

life insurance, or retirement benefit, 

service, policy or plan, any profitsharing or bonus plan, leave, and any 

other benefit or service of employment 

not subject to the provision of § 15a.515. 

(b) Prohibitions. A recipient shall not: 

(1) Discriminate on the basis of sex 

with regard to making fringe benefits 

available to employees or make fringe 

benefits available to spouses, families, 

or dependents of employees differently 

upon the basis of the employee’s sex; 

(2) Administer, operate, offer, or 

participate in a fringe benefit plan that 

does not provide for equal periodic 

benefits for members of each sex and for 

equal contributions to the plan by such 

recipient for members of each sex; or 

(3) Administer, operate, offer, or 

participate in a pension or retirement 

plan that establishes different optional 

or compulsory retirement ages based on 

sex or that otherwise discriminates in 

benefits on the basis of sex. 

§ 15a.530 Marital or parental status. 

(a) General. A recipient shall not 

apply any policy or take any 

employment action: 

(1) Concerning the potential marital, 

parental, or family status of an 

employee or applicant for employment 

that treats persons differently on the 

basis of sex; or 

(2) Which is based upon whether an 

employee or applicant for employment 

is the head of household or principal 

wage earner in such employee’s or 

applicant’s family unit. 

(b) Pregnancy. A recipient shall not 

discriminate against or exclude from 

employment any employee or applicant 

for employment on the basis of 

pregnancy, childbirth, false pregnancy, 

termination of pregnancy, or recovery 

therefrom. 

(c) Pregnancy as a temporary 

disability. Subject to § 15a.235(d), a 

recipient shall treat pregnancy, 

childbirth, false pregnancy, termination 

of pregnancy, recovery therefrom, and 

any temporary disability resulting 

therefrom as any other temporary 

disability for all job-related purposes, 

including commencement, duration, 

and extensions of leave, payment of 

disability income, accrual of seniority 

and any other benefit or service, and 

reinstatement, and under any fringe 

benefit offered to employees by virtue of 

employment. 

(d) Pregnancy leave. In the case of a 

recipient that does not maintain a leave 

policy for its employees, or in the case 

of an employee with insufficient leave 

or accrued employment time to qualify 

for leave under such a policy, a 

recipient shall treat pregnancy, 

childbirth, false pregnancy, termination 

of pregnancy, and recovery therefrom as 

a justification for a leave of absence 

without pay for a reasonable period of 

time, at the conclusion of which the 

employee shall be reinstated to the 

status that she held when the leave 

began or to a comparable position, 

without decrease in rate of 

compensation or loss of promotional 

opportunities, or any other right or 

privilege of employment. 

§ 15a.535 Effect of state or local law or 

other requirements. 

(a) Prohibitory requirements. The 

obligation to comply with §§ 15a.500 

through 15a.550 is not obviated or 

alleviated by the existence of any State 

or local law or other requirement that 

imposes prohibitions or limits upon 

employment of members of one sex that 

are not imposed upon members of the 

other sex. 

(b) Benefits. A recipient that provides 

any compensation, service, or benefit to 

members of one sex pursuant to a State 

or local law or other requirement shall 

provide the same compensation, service, 

or benefit to members of the other sex. 

§ 15a.540 Advertising. 

A recipient shall not in any 

advertising related to employment 

indicate preference, limitation, 

specification, or discrimination based 

on sex unless sex is a bona fide 

occupational qualification for the 

particular job in question. 

§ 15a.545 Pre-employment inquiries. 

(a) Marital status. A recipient shall 

not make pre-employment inquiry as to 

the marital status of an applicant for 

employment, including whether such 

applicant is ‘‘Miss’’ or ‘‘Mrs.’’ 


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(b) Sex. A recipient may make preemployment inquiry as to the sex of an 

applicant for employment, but only if 

such inquiry is made equally of such 

applicants of both sexes and if the 

results of such inquiry are not used in 

connection with discrimination 

prohibited by this part. 

§ 15a.550 Sex as a bona fide occupational 

qualification. 

A recipient may take action otherwise 

prohibited by §§ 15a.500 through 

15a.550 provided it is shown that sex is 

a bona fide occupational qualification 

for that action, such that consideration 

of sex with regard to such action is 

essential to successful operation of the 

employment function concerned. A 

recipient shall not take action pursuant 

to this section that is based upon alleged 

comparative employment characteristics 

or stereotyped characterizations of one 

or the other sex, or upon preference 

based on sex of the recipient, 

employees, students, or other persons, 

but nothing contained in this section 

shall prevent a recipient from 

considering an employee’s sex in 

relation to employment in a locker room 

or toilet facility used only by members 

of one sex. 

Subpart F—Other Provisions 

§ 15a.605 Enforcement procedures. 

The procedural provisions applicable 

to title VI of the Civil Rights Act of 1964 

(42 U.S.C. 2000d) are hereby adopted 

and applied to this part. These 

procedures may be found at 7 CFR 15.5– 

15.11 and 15.60–15.143. 

Dated: September 25, 2017. 

Sonny Perdue, 

Secretary. 

[FR Doc. 2017–20869 Filed 10–5–17; 8:45 am] 

BILLING CODE 3410–9R–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 20 

[NRC–2011–0162] 

RIN 3150–AJ17 

Prompt Remediation of Residual 

Radioactivity During Operation 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Discontinuation of rulemaking 

activity. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is discontinuing a 

rulemaking activity that would have 

required licensees to remediate residual 

radioactivity resulting from licensed 

activities during facility operations, 

rather than at license termination. The 

purpose of this action is to inform 

members of the public that this 

rulemaking activity is being 

discontinued and to provide a brief 

discussion of the NRC’s decision to 

discontinue it. This rulemaking activity 

will no longer be reported in the NRC’s 

portion of the Unified Agenda of 

Regulatory and Deregulatory Actions 

(the Unified Agenda). 

DATES: This action is effective October 

6, 2017. 

ADDRESSES: Please refer to Docket ID 

NRC–2011–0162 when contacting the 

NRC about the availability of 

information regarding this action. You 

may obtain publicly available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2011–0162. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced in this document 

(if that document is available in 

ADAMS) is provided the first time it is 

mentioned in the SUPPLEMENTARY

INFORMATION section. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Robert D. MacDougall, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–5175; email: 

Robert.MacDougall@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Discussion 

III. Availability of Documents 

IV. Conclusion 

I. Background 

This action is the culmination of a 

process of evaluating operating 

experience and interacting with the 

public since 2007 to determine whether 

the NRC should require licensees to 

remediate, during facility operations, 

releases of residual radioactivity into 

the surface and subsurface of their 

facility sites. Such remediation during 

operations has come to be known as 

‘‘prompt’’ remediation. In order to 

permit a site to be released for 

unrestricted use, licensees are currently 

required to remediate, before license 

termination, all residual radioactivity at 

their facility sites to levels that provide 

reasonable assurance that no member of 

the public will receive a dose from the 

decommissioned facility greater than 25 

millirem (mrem) per year. 

As a result of its evaluations and 

stakeholder interactions, the NRC staff 

recommended, and the Commission 

decided, to discontinue further work on 

a prompt remediation rulemaking. A 

discussion of this decision is provided 

in Section II of this document. 

II. Discussion 

The Commission first directed the 

staff to study the potential need for a 

prompt remediation rulemaking when 

the Commission approved the proposed 

decommissioning planning rule (DPR) 

in 2007. In its staff requirements 

memorandum (SRM) on that proposed 

rule (ADAMS Accession No. 

ML073440549), the Commission 

directed the staff to ‘‘make further 

improvements to the decommissioning 

planning process by addressing the 

remediation of residual radioactivity 

during the operational phase with the 

objective of avoiding complex 

decommissioning challenges that can 

lead to legacy sites.’’ In its subsequent 

Federal Register document (FRN) for 

the proposed DPR, published January 

22, 2008, the Commission defined 

‘‘legacy site’’ as ‘‘a facility that is in 

decommissioning with complex issues 

and an owner who cannot complete the 

decommissioning work for technical or 

financial reasons’’ (73 FR 3813). 

Such a site could not be released for 

unrestricted use when the license is 

terminated, and would therefore require 

an institution, usually a government 

agency, to maintain and restrict access 

to the site to keep doses to members of 

the public below the individual sitespecific limit approved by the NRC. 

Under § 20.1402 of title 10 of the Code 

of Federal Regulations (10 CFR), the 


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