[Federal Register Volume 66, Number 3 (Thursday, January 4, 2001)]
[Rules and Regulations]
[Pages 708-709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-227]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 5

RIN 3150-AG68


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

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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

EFFECTIVE DATE: February 5, 2001.

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

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

Environmental Impact: Categorical Exclusion

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

Backfit Analysis

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

Paperwork Reduction Act Statement

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

Small Business Regulatory Enforcement Fairness Act

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

List of Subjects in 10 CFR Part 5

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

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

[[Page 709]]

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

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

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

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

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

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

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

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

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