(d) A recipient may not participate in a contractual or other relationship that has the effect of subjecting qualified handicapped applicants or employees to discrimination prohibited by this subpart. The relationships referred to in this paragraph include relationships with employment and referral agencies, with labor unions, with organizations providing or administering fringe benefits to employees of the recipient, and with organizations providing training and apprenticeship programs.

§ 4.123 Reasonable accommodation.

(a) A recipient shall make reasontable accommodation to the known physical or mental limitations of an otherwise qualified handicapped appli: cant or employee unless the recipient can demonstrate that the accommodation would impose an undue hardship on the operation of its program.

(b) Reasonable accommodation may include: (1) Making facilities used by employees readily accessible to and usable by handicapped persons, and (2) job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters, and other similar actions. This list is neither all-inclusive nor meant to suggest that an employer must follow all the actions listed.

(c) In determining pursuant to paragraph (a) of this section whether an accommodation would impose an undue hardship on the operation of a recipient's program, factors to be considered include:

(1) The overall size of the recipient's program with respect to number of employees, number and type of facilities, and size of budget;

(2) The type of the recipient's operations, including the composition and structure of the recipient's workforce; and

(3) The nature and cost of the accommodation needed.

(d) A recipient may not deny any employment opportunity to a qualified handicapped employee or applicant if the basis for denial is the need to make reasonable accommodation to the physical or mental limitations of the employee or applicant.

§ 4.124 Employment criteria.

(a) A recipient may not make use of any employment test or other selection criterion that screens out or tends to screen out handicapped persons or any class of handicapped persons unless:

(1) The test score or other selection criterion as used by the recipient is shown to be job-related for the position in question, and

(2) Alternative job-related tests or criteria that do not screen out or tend to screen out as many handicapped persons are not available.

(b) A recipient shall select and administer tests concerning employment so as best to ensure that, when administered to an applicant or employee who has a handicap that impairs sensory, manual, or speaking skills, the test results accurately reflect the applicant's or employee's job skills, aptitude, or whatever other factor the test purports to measure, rather than reflecting the applicant's or employee's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure).

§ 4.125 Preemployment inquiries.

(a) Except as provided in paragraphs (b) and (c) of this section, a recipient may not conduct a preemployment medical examination or may not make preemployment inquiry of an applicant as to whether the applicant is a handicapped person or as to the nature of severity of a handicap. A recipient may, however, make preemployment inquiry into an applicant's ability to perform job-related functions.

(b) When a recipient is taking remedial action to correct the effects of past discrimination, or when a recipient is taking voluntary action to overcome the effects of conditions that resulted in limited participation in its federally assisted program or activity, or when a recipient is taking affirmative action pursuant to section 503 of the Rehabilitation Act of 1973, the recipient may invite applicants for employment to indicate whether and to what extent they are handicapped: Provided, That:

1) The recipient makes clear to the plicant that the information reested is intended for use solely in nection with its remedial action obations or its voluntary or affirmae action efforts; and

2) The recipient makes clear to the plicant that the information is ing requested on a voluntary basis, at it will be kept confidential as proled in paragraph (d) of this section, at refusal to provide it will not subet the applicant to any adverse treatent, and that it will be used only in cordance with this subpart.

c) Nothing in this section shall proit a recipient from conditioning an er of employment on the results of medical examination conducted

or to the employee's entrance on ty: Provided, That:

1) All entering employees are subted to such an examination regards of handicap, and

2) The results of such an examinan are used only in accordance with e requirements of this subpart. d) Information obtained in accordce with this section as to the medicondition or history of the applint shall be collected and maintained separate forms that shall be acded confidentiality as medical recds, except that:

1) Supervisors and managers may informed regarding restrictions on e work or duties that may be asned to handicapped persons and re-ding necessary accommodations; 2) First aid and safety personnel y be informed, where appropriate, the condition associated with the ndicap might require emergency atment; and

3) Government officials investigatcompliance with the Rehabilitan Act of 1973 shall be provided relet information upon request.

26 General requirement concerning program accessibility.

o qualified handicapped person 11, because a recipient's facilities inaccessible to or unusable by dicapped persons, be denied the efits of, be excluded from particion in, or otherwise be subjected to Trimination under any program or

activity that receives or benefits from Federal financial assistance.

§4.127 Existing facilities.

(a) Program accessibility. A recipient shall operate each program or activity so that the program or activity, when viewed in its entirety, is readily accessible to and usable by handicapped persons. This paragraph does not necessarily require a recipient to make each of its existing facilities or every part of an existing facility accessible to and usable by handicapped persons.

(b) Methods. A recipient may comply with the requirements of paragraph (a) of this section through such means as redesign of equipment, reassignment of classes or other services to accessible buildings, assignment of aids to beneficiaries, home visits, delivery of health, welfare or other social services at alternate accessible sites, alteration of existing facilities and construction of new facilities in conformance with the requirements of § 4.128 or any other methods that result in making its program or activity accessible to and usable by handicapped persons. A recipient is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with paragraph (a) of this section. In choosing among available methods for meeting the requirement of paragraph (a) of this section, a recipient shall give priority to those methods that offer programs and activities to handicapped persons in the most integrated setting appropriate.

(c) Time period. A recipient shall comply with the requirement of paragraph (a) of this section within 60 days of the effective date of this subpart except that where structural changes in facilities are necessary, the changes are to be made within three years of the effective date of this subpart, but in any event, as expeditiously as possible.

(d) Transition plan. In the event that structural changes to facilities are necessary to meet the requirement of paragraph (a) of this section, a recipient shall develop, within 6 months of the effective date of this subpart, a

transition plan setting forth the steps necessary to complete the changes. The plan is to be developed with the assistance of interested persons, including handicapped persons or organizations representing handicapped persons, and the plan is to meet with the approval of the NRC. A copy of the transition plan is to be made available for public inspection. At a mini- mum, the plan is to:

(1) Identify physical obstacles in the recipient's facilities that limit the accessibility and usability of its program For activity to handicapped persons;

(2) Describe in detail the methods that will be used to make the facilities accessible to and usable by handicapped persons;

(3) Specify the schedule for taking the steps necessary to achieve full program accessibility and, if the time : period or the transition plan is longer than 1 year, identify steps that will be taken during each year of the transition period; and

(4) Indicate the person responsible for implementation of the plan.

(e) Notice. The recipient shall adopt and implement procedures to ensure that interested persons, including persons with impaired vision or hearing, can obtain information concerning the existence and location of services, activities, and facilities that are accessible to, and usable by, handicapped

persons.

$4.128 New construction.

(a) New facilities shall be designed and constructed to be readily accessible to and usable by handicapped persons. Alterations to existing facilities shall, to the maximum extent feasible, be designed and constructed to be readily accessible to and usable by handicapped persons.

(b) Design, construction, or alteration of facilities in conformance with the "American National Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," published by the American National Standards Institute, Inc. (ANSI A117.1-1961 (R1971)), which is incorporated by reference in this subpart, shall constitute compliance with paragraph (a) of this section. Depar

tures from particular requirements of those standards by the use of other methods shall be permitted when it is clearly evident that equivalent access to and use of the facility or part of the facility is thereby provided.

ENFORCEMENT

§ 4.231 Responsibility of applicants and

recipients.

(a) Assurances. An applicant for Federal financial assistance for a program or activity to which this subpart applies shall submit an assurance, on a form specified by the responsible NRC official, that the program will be operated in compliance with the subpart. An applicant may incorporate these assurances by reference in subsequent applications to the NRC.

(b) Duration of obligation. The assurance will obligate the recipient for the period during which Federal financial assistance is extended.

(c) Remedial action. (1) If the responsible NRC official finds that a recipient has discriminated against persons on the basis of handicap in violation of section 504 or this subpart, the recipient shall take such remedial action as the responsible NRC official deems necessary to overcome the effect of the discrimination.

(2) Where a recipient is found to have discriminated against persons on the basis of handicap in violation of section 504 or this subpart and where another recipient exercises control over the recipient that has discriminated, the responsible NRC official, where appropriate, may require either or both recipients to take remedial action.

(3) The responsible NRC official may, where necessary to overcome the effects of discrimination in violation of section 504 or this subpart, require a recipient to take remedial action: (i) With respect to handicapped persons who are no longer participants in the recipient's program but who were participants in the program when such discrimination occurred or (ii) with respect to handicapped persons who would have been participants in the program had the discrimination not occurred.

(d) Voluntary action. A recipient may take steps, in addition to any action that is required by this subpart, to overcome the effects of conditions that resulted in limited participation in the recipient's program or activity by qualified handicapped persons.

(e) Self-evaluation. (1) A recipient shall as soon as practicable:

(i) Evaluate, with the assistance of interested persons, including handicapped persons or organizations representing handicapped persons, its current policies and practices and the effects thereof that do not or may not meet the requirements of this subpart;

(ii) Modify, after consultation with interested persons, including handicapped persons or organizations representing handicapped persons, any policies and practices that do not meet the requirements of this subpart; and

(iii) Take, after consultation with interested persons, including handicapped persons or organizations representing handicapped persons, appropriate remedial steps to eliminate the effects of any discrimination that resulted from adherence to those policies and practices.

(2) A recipient shall, for at least three years following completion of the evaluation required under paragraph (e)(1) of this section, maintain on file, make available for public inspection, and provide to the responsible NRC official upon request: (i) A list of the interested persons consulted, (ii) a description of areas examined and any problems identified, and (iii) a description of any modifications made and of any remedial steps taken.

(f) Designation of responsible employee. A recipient shall designate at least one person to coordinate its efforts to comply with this subpart.

fication shall state, where appropriate, that the recipient does not discriminate in admission or access to, or treatment or employment in, its programs and activities. The notification shall also include an identification of the responsible employee designated pursuant to § 4.231 (f). A present recipient shall make the initial notification required by this paragraph within 90 days of the effective date of this subpart. Methods of initial and continuing notification may include the posting of notices, publication in newspapers and magazines, placement of notices in recipients' publications, and distribution of memoranda or other written communications.

(b) If a recipient publishes or uses recruitment materials or publications containing general information that it makes available to participants, beneficiaries, applicants, or employees, if shall include in those materials or publications a statement of the policy described in paragraph (a) of this section. A recipient may meet the requirement of this paragraph either by including appropriate inserts in existing materials and publications or by revising and reprinting the materials and publications.

§ 4.233 Enforcement procedures.

The enforcement and hearing procedures set forth in §§ 4.41-4.75 of Subpart A with respect to discrimination based on sex, race, color or national origin shall be used for the enforcement of the regulations in Subpart B with respect to discrimination based on handicap.

APPENDIX A-FEDERAL FINANCIAL ASSISTANCE TO WHICH THIS PART APPLIES1

(a) Conferences on regulatory programs. Agreements for financial assistance to State

1Categories of assistance may be added to Appendix A from time to time by notice published in the FEDERAL REGISTER. This part shall be deemed to apply to all grants, loans or contracts entered into under any such category of assistance on or after the effective date of the inclusion of the category of assistance in Appendix A.

officials, without full-cost recovery, for visits to NRC facilities and offices or to other locations to confer on regulatory programs and related matters.

(b) Orientation and instruction. Agreements for assistance to State and local officials, without full-cost recovery, to receive orientation and on-the-job instruction at NRC facilities and offices.

(c) Courses in fundamentals of radiation. Agreements for the conduct of courses for State and local employees, without full-cost recovery, in fundamentals of radiation and radiation protection.

(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) The Uranium Mill Tailings Radiation Control Act of 1978, section 207, Pub. L. 95604, 92 Stat. 3033, authorizes grants to eligible Agreement States to aid in the development of state regulatory programs to implement those provisions of the Act which amended section 274 of the Atomic Energy Act of 1954, as amended.

[29 FR 19277, Dec. 31, 1964, as amended at 38 FR 17929, July 5, 1973; 40 FR 8778, Mar. 3, 1975; 45 FR 14539, Mar. 6, 1980]

7.13

ee.

Public notice.

Minutes.

Transcripts of advisory committee meetings and agency proceedings. 7.14 Annual comprehensive review. 7.15 Termination and renewal of advisory committees.

7.16 Reports about advisory committees. 7.17 Availability of documents and information on advisory committees.

7.18 Uniform pay guidelines. 7.19

Fiscal and administrative responsibilities.

AUTHORITY: Sec. 161, Pub. L. 83-703, 68 Stat. 948, (42 U.S.C. 2201); sec. 201(f), Pub. L. 93-438, 88 Stat. 1243; Pub. L. 92-463, 86 Stat. 770 (5 U.S.C. App. I).

SOURCE: 40 FR 8778, Mar. 3, 1975, unless otherwise noted.

§ 7.1 Purpose and applicability.

(a) The regulations in this part implement the Federal Advisory Committee Act (86 Stat. 770), Executive Order No. 11769 (39 FR 7125) and Office of Management and Budget Circular No. A-63. The provisions of the Federal Advisory Committee Act and this part shall apply to each advisory committee established by the Commission, including advisory committees created pursuant to sections 29 and 161a of the Atomic Energy Act of 1954, as amended, except to the extent that any Act of Congress establishing an advisory committee reporting to the Commission specifically provides otherwise.

(b) This part does not apply to interagency advisory committees or advisory committees established by the President unless specifically made applicable by the establishing authority.

(c) This part does not apply to any local civic group whose primary function is that of rendering a public service with respect to a Federal program, or any State or local committee, council, board, commission, or similar group established to advise or make recommendations to State or local officials or agencies.

§ 7.2

Definitions.

As used in this part:

(a) "Act" means the Federal Advisory Committee Act (86 Stat. 770).

(b) "Advisory Committee" has the meaning set forth in section 3(2) of the Act.

(c) "Commission" means the Nuclear Regulatory Commission of five members, or a quorum thereof, sitting as a body, as provided by section 201(a) of the Energy Reorganization Act of 1974 (88 Stat. 1242).

(d) "Director" means the Director of the Office of Management and Budget.

(e) "NRC" means the Nuclear Regulatory Commission.

(f) "OMB" means the Office of Management and Budget.

(g) "Presidential advisory committee" means an advisory committee which advises the President.