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Federal Register / Vol. 71, No.

215 / Tuesday, November 7, 2006 / Rules and Regulations 65053

E6–14509, appearing on page 51995 in Drug, and Cosmetic Act and under
the Federal Register of September 1, authority delegated to the Commissioner
2006, the following correction is made: of Food and Drugs and redelegated to Section 504 of the Rehabilitation Act
1. On page 51995, in the third the Center for Veterinary Medicine, 21 of 1973 (29 U.S.C. 706), as amended,
column, in the third sentence of the CFR part 558 is amended as follows: prohibits discrimination on the basis of
SUPPLEMENTARY INFORMATION section, the handicap by recipients of Federal
date of ANADA approval ‘‘July 27, PART 558—NEW ANIMAL DRUGS FOR assistance. As recipients of federal
2006’’ is corrected to read ‘‘August 2, USE IN ANIMAL FEEDS assistance, Legal Services Corporation
2006’’. (LSC) grant recipients are subject to the
■ 1. The authority citation for 21 CFR non-discrimination requirements of
Dated: October 20, 2006. part 558 continues to read as follows: Section 504. At the same time, while the
Stephen F. Sundlof,
Authority: 21 U.S.C. 360b, 371. Corporation is not obligated to enforce
Director, Center for Veterinary Medicine. Section 504 of the Rehabilitation Act
[FR Doc. E6–18679 Filed 11–6–06; 8:45 am]
■ 2. In § 558.95, revise the last sentence
of paragraph (d)(4)(iii)(d) to read as (since it is not an agency, department or
follows: instrumentality of the Federal
government), it does have the authority
§ 558.95 Bambermycins. to ensure that LSC grant recipients
DEPARTMENT OF HEALTH AND comply with its provisions. LSC chose
* * * * *
HUMAN SERVICES to exercise this authority and adopted
(d) * * *
(4) * * * the Part 1624 regulation implementing
Food and Drug Administration
(iii) * * * the non-discrimination requirements in
(d) * * * Daily bambermycins intakes Section 504 in 1979. The regulation has
21 CFR Part 558
in excess of 20 mg/head/day have not not been amended since that time.
New Animal Drugs for Use in Animal been shown to be more effective than 20 On October 29, 2005, the LSC Board
Feeds; Bambermycins mg/head/day. of Directors directed that LSC initiate a
* * * * * rulemaking to consider revisions to
AGENCY: Food and Drug Administration, LSC’s regulation at 45 CFR part 1624. At
HHS. Dated: October 20, 2006. the Board’s further direction, prior to
Final rule; technical
ACTION: Stephen F. Sundlof, the development of this Notice of
amendment. Director, Center for Veterinary Medicine. Proposed Rulemaking (‘‘NPRM’’), LSC
[FR Doc. E6–18680 Filed 11–6–06; 8:45 am] convened a Rulemaking Workshop 1 to
SUMMARY: The Food and Drug
BILLING CODE 4160–01–S consider revisions to this Part. The
Administration (FDA) is amending the intention of the rulemaking proceeding
animal drug regulations to correct an was intended to provide the opportunity
inadvertent error in the conditions of for an unlimited and thorough review of
use of bambermycins free-choice cattle the regulation with the intent of
feeds. This action is being taken to 45 CFR Part 1624 updating and improving the rule as
improve the accuracy of the animal drug appropriate.
regulations. Prohibition Against Discrimination on LSC convened a Rulemaking
DATES: This rule is effective November the Basis of Disability Workshop on December 13, 2005 to
7, 2006. discuss Part 1624. The following
AGENCY: Legal Services Corporation.
FOR FURTHER INFORMATION CONTACT: persons participated in the Workshop:
George K. Haibel, Center for Veterinary ACTION: Final rule.
John ‘‘Chip’’ Gray, South Brooklyn Legal
Medicine (HFV–6), Food and Drug SUMMARY: This Final Rule amends the Services; John Herrion, United Spinal
Administration, 7519 Standish Pl., Legal Services Corporation’s regulation Association; Linda Perle, Center for Law
Rockville, MD 20855, 301–827–4567, e- on prohibitions against discrimination and Social Policy; Don Saunders,
mail: on the basis of disability. These changes National Legal Aid and Defender
SUPPLEMENTARY INFORMATION: FDA is are intended to improve the utility of Association; Helaine Barnett, LSC
amending the animal drug regulations the regulation for LSC, its grantees and President (welcoming remarks only);
in 21 CFR 558.95 to correct an other interested persons, by updating Karen Sarjeant, LSC Vice President for
inadvertent error in the conditions of the terminology used throughout the Programs and Compliance; Charles
use of bambermycins free-choice cattle regulation, to add a reference to Jeffress, LSC Chief Administrative
feeds. The error was introduced in a compliance with the Americans with Officer; Mattie Condray, LSC Office of
final rule for liquid and free-choice Disabilities Act and by adding language Legal Affairs; Curtis Goffe, LSC Office of
medicated feeds that published May 27, to the enforcement provision setting Compliance and Enforcement; Tillie
2004 (69 FR 30194). This action is being forth LSC policy regarding investigation Lacayo, LSC Office of Program
taken to improve the accuracy and of complaints of violation of this Performance; Mark Freedman, LSC
readability of the animal drug regulation.
regulations. 1 Under LSC’s Rulemaking Protocol, a

This rule does not meet the definition DATES: This Final Rule is effective on Rulemaking Workshop is a meeting at which the
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because December 7, 2006. participants (which may include LSC Board
members, staff, grantees and other interested
it is a rule of ‘‘particular applicability.’’ FOR FURTHER INFORMATION CONTACT:
parties) ‘‘hold open discussions designed to elicit
Therefore, it is not subject to the Mattie Cohan, Senior Assistant General information about problems or concerns with the
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congressional review requirements in 5 Counsel, Office of Legal Affairs, Legal regulation (or certain aspects thereof) and provide
Services Corporation, 3333 K Street, an opportunity for sharing ideas regarding how to
U.S.C. 801–808. address those issues. * * * [A] Workshop is not
NW., Washington DC 20007; 202–295– intended to develop detailed alternatives or to
List of Subjects in 21 CFR Part 558 1624 (ph); 202–337–6519 (fax); obtain consensus on regulatory proposals.’’ 67 FR
Animal drugs, Animal feeds. 69762, 69763 (November 19, 2002).

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65054 Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Rules and Regulations

Office of Legal Affairs; and Treefa Aziz, LSC received five timely and one late required to agree to be in compliance
LSC Office of Government Relations and comment on the NPRM. All of the with the regulations (including this
Public Affairs. comments have been carefully Part) and to so certify with each new
The discussion was wide-ranging. The considered. The comments are grant cycle.2 This gives both recipients
highlights of the discussion are discussed in detail below in the section- and LSC sufficient opportunity for an
summarized as follows. There was a by-section analysis. annual look at recipients’ efforts in this
general assessment that grantees appear area. In addition, if LSC started to see
Summary of Proposed Changes
to be in compliance with the regulation an increase in complaints or an increase
and that LSC does not receive many LSC is adopting only relatively minor in the incidence of disability-based
complaints of non-compliance. It was changes to the regulation, but LSC discrimination issues, LSC could ask
noted that most of the complaints that believes that these changes will improve recipients to conduct reviews as
do come to LSC are from grantee staff the utility of the regulation for LSC, its appropriate. Finally, LSC is concerned
and are related to employment grantees and other interested persons. about adding new undue administrative
discrimination, rather than accessibility First, LSC is updating the nomenclature burdens on recipients that become
of services for applicants or clients with used throughout the regulation to refer compliance responsibilities. For
disabilities. LSC’s staff practice is to to ‘‘person with a disability’’ or example, if LSC adopted a self-
refer such complainants to the ‘‘persons with disabilities’’ instead of evaluation requirement, a recipient
appropriate Federal, state or local ‘‘handicapped person(s).’’ This change otherwise fully compliant but which
agency. At the same time, it was noted is not intended to create any substantive misses reporting a self-evaluation would
that the language of the regulation could change in meaning, but rather is be in violation even if the recipient was
be updated in places and that there are intended to reflect a more current otherwise a model program with respect
terminology. Second, LSC is adding a to disability related issues. Accordingly,
new assistive technologies which could
reference to compliance with the LSC is eliminating the obsolete self-
be referenced in the regulation.
Americans with Disabilities Act to the evaluation requirement and declines to
The participants discussed the fact regulation. This change is discussed in
that LSC’s enforcement expertise and adopt an ongoing self-evaluation
greater detail in the section-by-section requirement.
resources are limited and that claimants, analysis section under the discussion of
with the passage of the Americans with proposed section 1624.1. Third, LSC is Section-by-Section Analysis
Disabilities Act (‘‘ADA’’), have recourse adding language to the enforcement
to other agencies and private actions for Section 1624.1—Purpose
provision setting forth LSC policy
the pursuit of redress for discrimination LSC proposed changing the terms
regarding investigation of complaints of
on the basis of disability. The notion ‘‘handicapped persons’’ as they appear
violation of this regulation. This change
that the regulation could be amended to in this section to ‘‘persons with
is discussed in greater detail in the
reflect these facts was raised. In disabilities.’’ In addition, LSC proposed
section-by-section analysis section
addition, the participants also discussed adding language to make reference to
under the discussion of proposed
other avenues of raising awareness of the ADA. LSC received several
section 1624.8. LSC is also proposing to
accessibility issues, such as the issuance comments supporting the proposed
make a number of technical and
of guidance from LSC in the form of a changes to this section and none in
grammatical corrections to the
Program Letter, focusing on accessibility opposition. Accordingly, LSC is
in program visits and in competition, In addition, LSC proposed to adopting the changes as proposed.
better sharing of best practices and With respect to the new language
eliminate the current section 1624.7 of
emphasis on opportunities through being added making reference to the
the regulation on self-evaluation. This
LSC’s Technology Initiative Grant ADA, LSC notes that the provision
section required legal services programs
Program. states that requirements of this Part
to evaluate by January 1, 1980, their
LSC Management made a presentation apply in addition to any responsibilities
facilities, practices and policies to
to the Operations and Regulations legal services programs may have under
determine the extent to which they
Committee of the LSC Board of Directors applicable requirements of the
complied with the requirements of this
on the Rulemaking Workshop at its Americans with Disabilities Act and
Part. This section does not contain a
meeting on January 27, 2006. The applicable implementing regulations of
continuing requirement for self-
Committee then voted to recommend the Department of Justice and the Equal
evaluation and, as such, is now
that the Board of Directors instruct Employment Opportunity Commission.
Management to continue the rulemaking Two commenters specifically opposed The new language is neither intended to
and develop an NPRM, proposing such this proposal. One commenter notes that impose any new obligations on grantees
changes as deemed appropriate. On DOJ considers self-evaluation to be an with respect to LSC-related regulatory
January 28, 2006, the Board of Directors ongoing requirement under section 504, compliance matters, nor assume LSC
voted to accept the recommendation of while the other commenter notes that authority for enforcing the ADA that
the Operations and Regulations many recipients may never have LSC does not possess.
Committee. A Draft NPRM was then conducted any self-evaluation. Both of Section 1624.2—Application
presented to the Operations and the commenters recommend adoption of LSC did not propose any changes to
Regulations Committee at its meeting on ongoing self-evaluation requirements. this section. LSC received no
April 28, 2006. The Committee voted to Although DOJ may consider ongoing
suggestions for change to this section.
recommend that the Board of Directors self-evaluation to part of the Section 504
approve the NPRM for publication. The obligations, DOJ’s regulations at 28 CFR 2 This is also the reason why LSC does not believe
following day the Board of Directors part 41 do not contain any explicit self- that the lack of the originally required initial self-
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voted to accept the Committee’s evaluation requirement. Moreover, the evaluation by ‘‘newer’’ recipients is problematic.
recommendation and directed LSC to absence of a specific self-evaluation For these recipients, unlike those recipients existing
prior to the adopt of the regulation, Part 1624 has
issue an NPRM for public comment. The requirement does not necessarily mean always been part of the regulatory landscape and
NPRM was subsequently published on that recipients do not engage in any self- compliance a necessity from the beginning of their
May 12, 2006 (71 FR 27654). evaluative process. Recipients are operations.

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Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Rules and Regulations 65055

Accordingly, LSC is not making any and to add a definition of that term to making visually delivered materials available
changes to this section. the definitions section. Since the to individuals with visual impairments;
original adoption of the regulation in 3. Acquisition or modification of
Section 1624.3—Definitions equipment or devices; and,
1979 there have been significant
LSC proposed changing the term 4. Other similar services and actions.
advances in technology which are
‘‘handicapped person’’ to ‘‘person with available to persons with disabilities to 28 CFR 36.303.
a disability’’ in section 1624.3(c)(1). help them access and benefit from legal LSC believes that the definition it
Similarly, LSC proposed to change the services programs’ services. The proposed for the term ‘‘auxiliary aids
term ‘‘qualified handicapped person’’ in proposed definition is based on a and/or other assistive technologies’’ is
section 1624.3(d) to ‘‘qualified person definition of ‘‘assistive technologies’’ in no way inconsistent with the DOJ
with a disability.’’ LSC received several found in the Individuals with regulation quoted above. As such, and
comments in support and no comments Disabilities Education Act, 20 U.S.C. in light of the fact that no other
in opposition to these proposed 1400, et seq., and is intended to broadly commenters opposed the LSC proposed
changes. Accordingly, LSC is adopting refer to the range of aids or technologies definition, LSC believes that its
them as proposed. In neither case is the which grantees can make available to proposed definition is appropriate for
change intended to create any applicants, clients and employees with LSC purposes. Accordingly, LSC adopts
substantive change to the regulation, but disabilities, as appropriate and the definition of ‘‘auxiliary aids and/or
rather to reflect updated and preferred necessary, to comply with the other assistive technologies’’ as
nomenclature. requirements of this Part. LSC wishes to proposed.
LSC also proposed to add a definition note that the list of technologies The Equal Employment Opportunity
of the term ‘‘auxiliary aids and/or other included in the definition is specifically Commission (EEOC) suggested that LSC
assistive technology.’’ Under the intended to be illustrative and not cross-reference the definitions of
existing section 1624.4, grantees with ‘‘reasonable accommodation,’’ ‘‘undue
more than fifteen employees have been hardship’’ and ‘‘direct threat’’ found in
required to provide appropriate One commenter suggested that LSC the EEOC’s regulations at 29 CFR 1630.2
‘‘auxiliary aids’’ when necessary to failed to define the term ‘‘auxiliary aids for the purposes of those terms’ use in
clients and applicants to make services and/or other assistive technologies’’ and the proposed employment section,
accessible. Although the current proposed that LSC use the definition of 1624.6. LSC agrees that the EEOC’s
regulation uses the term ‘‘auxiliary ‘‘auxiliary aids and services’’ found in definitions of these terms are
aids,’’ it has not contained a formal Title III of the ADA. Although this appropriate for use in the context of the
definition of the term in the definition commenter was addressing a different proposed employment section.
section. Rather, current section 1624.4 section, because the comment is However, rather than simply cross-
provides that for the purposes of that specifically about defining a term used reference the definitions in the text of
section, ‘‘auxiliary aids include, but are throughout the regulation, LSC is the regulation, LSC believes it will be
not limited to, brailled and taped responding to this comment here. LSC more useful for LSC and recipients for
material, interpreters, notes at the outset that LSC did in fact LSC to reprint those definitions in this
telecommunications equipment for the propose a definition for the term preamble. This will provide LSC staff
deaf, and other aids for persons with ‘‘auxiliary aids and other assistive and recipients a ready reference without
impaired vision and hearing.’’ Although technologies.’’ The proposed definition having to have a full copy of the EEOC’s
this informal definition of ‘‘auxiliary is discussed at length above. regulations at hand.
aids’’ appears to be limited to aids for Turning to the suggestion that LSC The EEOC’s definitions of the terms
persons with impaired vision or adopt the definition of the ‘‘auxiliary ‘‘reasonable accommodation,’’ ‘‘undue
hearing, the provision of the regulation aids and services’’ in Title III of the hardship’’ and ‘‘direct threat’’ are,
which requires their use calls for ADA, LSC notes that the definitions respectively:
auxiliary aids for persons ‘‘with section in Title III of the ADA (Section Reasonable accommodation. (1) The
impaired sensory, manual or speaking 301) does not contain a definition of the term reasonable accommodation means:
skills,’’ which is broader than simply term ‘‘auxiliary aids and services.’’ (i) Modifications or adjustments to a
vision or hearing impairments. LSC However, LSC assumes that the job application process that enable a
believes that this discrepancy should be commenter was referring to a provision qualified applicant with a disability to
rectified. In addition, although the term of the Department of Justice regulations be considered for the position such
‘‘auxiliary aids’’ is not currently used in implementing Title III discussing qualified applicant desires; or
the section on employment (1624.6), a auxiliary aids and services. That (ii) Modifications or adjustments to
similar concept appears there. Under provision states: the work environment, or to the manner
section 1624.6(e), grantees are required or circumstances under which the
The term ‘‘auxiliary aids and services’’
to make reasonable accommodations for includes— position held or desired is customarily
otherwise qualified employees and job 1. Qualified interpreters, notetakers, performed, that enable a qualified
applicants with disabilities. The computer-aided transcription services, individual with a disability to perform
regulation specifies that, among other written materials, telephone handset the essential functions of that position;
things, ‘‘reasonable accommodations’’ amplifiers, assistive listening devices, or
include (but are not limited to) ‘‘the assistive listening systems, telephones (iii) Modifications or adjustments that
modification of equipment or devices, compatible with hearing aids, closed caption enable a covered entity’s employee with
the provision of readers or interpreters decoders, open and closed captioning, a disability to enjoy equal benefits and
and other similar actions.’’ telecommunications devices for people who
privileges of employment as are enjoyed
Rather than continue to have these are deaf (TDDs), videotext displays, or other
effective methods of making aurally by its other similarly situated employees
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similar concepts set forth in different delivered materials available to individuals without disabilities.
parts of the regulation with different with hearing impairments; (2) Reasonable accommodation may
terminology, LSC proposed to use the 2. Qualified readers, taped texts, audio include but is not limited to:
single term ‘‘auxiliary aids and/or other recordings, Brailled materials, large print (i) Making existing facilities used by
assistive technology’’ in both sections materials, or other effective methods of employees readily accessible to and

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65056 Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Rules and Regulations

usable by individuals with disabilities; cannot be eliminated or reduced by requirements on recipients, LSC does
and reasonable accommodation. The not wish to place more of its own
(ii) Job restructuring; part-time or determination that an individual poses burdens on recipients. LSC does not
modified work schedules; reassignment a ‘‘direct threat’’ shall be based on an intend to create new or additional
to a vacant position; acquisition or individualized assessment of the requirements for which recipients will
modifications of equipment or devices; individual’s present ability to safely be responsible to LSC and which LSC
appropriate adjustment or modifications perform the essential functions of the will be responsible for enforcing.
of examinations, training materials, or job. This assessment shall be based on Turning to the suggestion that the
policies; the provision of qualified a reasonable medical judgment that portion of the proposed regulation
readers or interpreters; and other similar relies on the most current medical imposing the requirement that
accommodations for individuals with knowledge and/or on the best available recipients with fifteen or more
disabilities. objective evidence. In determining employees must provide auxiliary aids
(3) To determine the appropriate whether an individual would pose a when necessary ‘‘misstates’’ the law,
reasonable accommodation it may be direct threat, the factors to be LSC notes that this provision dates to
necessary for the covered entity to considered include: the original adoption of Part 1624 and
initiate an informal, interactive process (1) The duration of the risk; that LSC is not proposing any
with the qualified individual with a (2) The nature and severity of the substantive change to this particular
disability in need of the potential harm; requirement. Rather than misstating the
accommodation. This process should (3) The likelihood that the potential ADA, this provision reflects LSC’s
identify the precise limitations resulting harm will occur; and policy determination from 1979:
from the disability and potential (4) The imminence of the potential
First, that a program with fifteen employees
reasonable accommodations that could harm. will have a sufficiently large budget to enable
overcome those limitations. 29 CFR 1630.2(o), (p), and (r). LSC it to obtain access to such aids without
Undue hardship—(1) In general. will refer to these definitions in jeopardizing the program’s other activities;
Undue hardship means, with respect to interpreting and enforcing the and second, that a program of that size will
the provision of an accommodation, provisions of proposed 1624.6. serve a sufficiently large population to have
a significant number of clients who could
significant difficulty or expense Section 1624.4—Discrimination benefit by the availability of the aids.
incurred by a covered entity, when Prohibited
considered in light of the factors set 44 FR 22482, 22484 (April 16, 1979); see
LSC proposed two notable also, 44 FR 55175, 55176 (September 25,
forth in paragraph (p)(2) of this section.
(2) Factors to be considered. In amendments to this section. First, in 1979). The reason why LSC made a
determining whether an accommodation each instance in which the term distinction between recipients with
would impose an undue hardship on a ‘‘handicapped person’’ or ‘‘handicapped fifteen employees and those with fewer
covered entity, factors to be considered persons’’ appears, LSC proposed to employees continues to make sense
include: replace it with ‘‘person with a today. Further, the current and
(i) The nature and net cost of the disability’’ or ‘‘persons with proposed LSC requirement does not
accommodation needed under this part, disabilities’’ as grammatically impose any responsibility which
taking into consideration the availability appropriate. As noted above, LSC contradicts responsibilities recipients
of tax credits and deductions, and/or intended no substantive change, but have under the ADA (i.e., complying
outside funding; rather to reflect updated and preferred with the LSC requirement does not
(ii) The overall financial resources of nomenclature. LSC also proposed to use preclude compliance with ADA
the facility or facilities involved in the the term ‘‘auxiliary aids and/or other requirements). In fact, a recipient’s
provision of the reasonable assistive technologies’’ instead of the compliance with a more stringent
accommodation, the number of persons term ‘‘auxiliary aids’’ in section requirement will only serve to ensure
employed at such facility, and the effect 1624.4(d)(1) and (2) and to delete the that the recipient is in compliance with
on expenses and resources; text appearing at 1624.4(d)(3). As part 1624. As such, LSC does not
(iii) The overall financial resources of discussed above, LSC believes that users believe it is necessary or desirable to
the covered entity, the overall size of the of the regulation will be better served by change LSC’s regulation in this matter.
business of the covered entity with having a formal definition of the term in LSC also received one comment
respect to the number of its employees, the definitions section of the regulation suggesting that LSC substitute the term
and the number, type and location of its than an informal definition elsewhere. ‘‘auxiliary aids and/or other assistive
facilities; In addition, LSC believes that technologies’’ for ‘‘auxiliary aids’’ in
(iv) The type of operation or expanding the term to include ‘‘other proposed 1624.4(d)(2). LSC agrees with
operations of the covered entity, assistive technologies,’’ combined with this comment and adopts this
including the composition, structure the proposed definition, will better suggestion.
and functions of the workforce of such reflect the range of systems and devices
existing in the market that grantees may Section 1624.5—Accessibility of Legal
entity, and the geographic separateness
choose from to help make their services Services
and administrative or fiscal relationship
of the facility or facilities in question to accessible to persons with disabilities. LSC proposed two notable
the covered entity; and LSC received several comments amendments to this section. First, in
(v) The impact of the accommodation supporting the proposed changes to this each instance in which the term
upon the operation of the facility, section. LSC also received one comment ‘‘handicapped person’’ or ‘‘handicapped
including the impact on the ability of suggesting that this section as proposed persons’’ appears, LSC proposed to
other employees to perform their duties is inconsistent with the ADA and replace it with ‘‘person with a
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and the impact on the facility’s ability ‘‘misstates’’ the law. At the outset, LSC disability’’ or ‘‘persons with
to conduct business. believes that it is important to keep in disabilities’’ as grammatically
Direct threat means a significant risk mind that LSC’s regulations are not appropriate. As noted above, LSC
of substantial harm to the health or implementing the ADA. Although the intended no substantive change, but
safety of the individual or others that ADA may well impose additional rather to reflect updated and preferred

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nomenclature. Second, LSC proposed to intended no substantive change, but procedures for coordinating
replace the reference to ‘‘the appropriate merely the use of updated and preferred investigation of complaints. LSC is
Regional Office’’ in section 1624.5(c) nomenclature. LSC also proposed to use addressing enforcement issues in
with ‘‘LSC.’’ At the time Part 1624 was the term ‘‘auxiliary aids and/or other proposed section 1624.7. Moreover, LSC
originally adopted LSC had Regional assistive technologies’’ instead of the is not convinced it is necessary, given
Offices, but it no longer does. All LSC words ‘‘readers or interpreters’’ in LSC’s enforcement policy, to explicitly
business is conducted out of its section 1626(e)(1). As discussed above, incorporate the ADA standards into this
Washington, DC offices. As such, the LSC believes that users of the regulation regulation and, further, to do so only in
statement required by section 1624.5(c) will be better served by using a the context of complaints involving
can no longer be submitted to a standardized and formally defined term. claims of discrimination in
‘‘Regional Office’’ and such statements LSC believes that using the term employment. Rather, to the extent that
are simply submitted to LSC. The ‘‘auxiliary aids and/or other assistive LSC might receive and investigate any
regulation should reflect this fact. LSC technologies’’ in this section, combined complaint without deferring to the
received several comments supporting with the proposed definition of that investigation of another agency, LSC
and no comments opposing these term, will better reflect the range of would look to this Part and, as
changes. Accordingly, LSC adopts them systems and devices existing in the necessary, the current law of Section
as proposed. market that grantees may choose from to 504 in carrying out its duties. LSC is
LSC received one comment suggesting make reasonable accommodations in confident that recipients understand
that LSC add a subsection (e) to require employment for otherwise qualified job and anticipate that this is the case.
recipients to ‘‘make reasonable applicants and employees with
modifications in policies, practices and Section 1624.7—Enforcement
disabilities. LSC received several
procedures’’ to avoid engaging in comments supporting and no comments The current regulation specifies only
discrimination on the basis of disability. opposing these changes. Accordingly, that LSC’s enforcement procedures at 45
LSC agrees with the commenter that LSC adopts them as proposed. CFR part 1618 shall apply to alleged
recipients should not have policies, LSC also received a comment from the violations of this part. Under part 1618,
practices or procedures which have the EEOC suggesting that the proposed LSC is obligated to investigate
effect of discriminating on the basis of provision appears to be modeled after a complaints of violations of the LSC Act,
disability and expects that part of a 1980 DOJ regulation and suggesting, as appropriations acts, LSC regulations and
recipient’s obligation to be in an alternative, that LSC add a cross- grant assurances and to work with
compliance with Part 1624 is to ensure reference to the EEOC’s regulations and grantees to resolve matters informally
that it does not have policies, practices should embody language contained in when possible. Ultimately, if no
or procedures which result in the 1994 joint EEOC/DOJ rule regarding informal resolution is agreed upon,
discrimination on the basis of disability. coordination between Section 504 and LSC’s enforcement powers involve
However, LSC is not convinced that it the ADA. Proposed section 1624.6 is reducing or eliminating funding
is necessary to add such an express essentially the same as the existing generally. LSC does not have authority
provision to the regulation. Proposed section 1624.6, with the only changes to represent individuals or to go to court
sections 1624.4, 1624.5 and 1624.6 proposed being the nomenclature on their behalf to obtain ‘‘injunctive
collectively set forth the substantive changes and use of the term ‘‘auxiliary relief’’ however, as do other Federal,
requirements that recipients not engage aids and/or other assistive technologies’’ state and local agencies charged with
in discrimination on the basis of as discussed above. The existing section ADA and other disability-based
disability. If a recipient had policies, predates the 1980 DOJ regulation and is discrimination law enforcement.
practices or procedures which had the actually modeled on the then- Moreover, OCE, although taking those
effect of discriminating on the basis of Department of Health, Education and complaints of disability-based
disability, the recipient would be in Welfare (HEW) guidelines, with some discrimination it receives seriously, has
violation of one or more of the sections modifications. See 44 FR at 22484; 44 limited resources available and does not
referenced above. Put another way, for FR at 55177. LSC chose the HEW generally have significant expertise in
a recipient to be in compliance with the guidelines as a model because the investigating these types of claims.
substantive requirements of Part 1624, Executive Order obligating agencies to In light of the above, LSC’s policy
the recipient cannot have policies, adopt regulations implementing Section when such complaints have been filed
practices or procedures which result in 504 required them to use the HEW with OCE has been to recommend that
or have the effect of discriminating on guidelines as the model. Although LSC complainants pursue claims with
the basis of disability. As such, the was not obligated to comply with the appropriate Federal, state or local
imposition of an additional provision Executive Order, LSC determined that agencies which may be in a better
specifically and separately requiring using the HEW guidelines as a model position to investigate their claims and
recipients to modify policies, practices was appropriate with respect to its assist them in obtaining specific relief.
and procedures to avoid discrimination voluntary adoption of Section 504 In cases where a claim is filed with
would not appear to add anything of implementing regulations. another agency, LSC generally defers to
substantive value to the regulation. LSC believes the current LSC that investigation during its pendency
requirements continue to be and relies upon the findings of the other
Section 1624.6—Employment appropriate. LSC notes also that the agency in resolving the complaint filed
LSC proposed two notable current DOJ rules implementing Section with LSC. LSC has found this policy to
amendments to this section. First, in 504 with respect to employment (28 be efficient and effective. Accordingly,
each instance in which the term CFR 41.52–41.55) are essentially the LSC proposed to explicitly incorporate
‘‘handicapped person’’ or ‘‘handicapped same as LSC’s current and proposed this policy into the regulation. LSC
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persons’’ appears, LSC proposed to section 1624.6. The section that the continues to believe this action will
replace it with ‘‘person with a EEOC cites to (28 CFR 37.12) does not clarify expectations for LSC
disability’’ or ‘‘persons with substitute for the provisions cited above. enforcement staff, grantees, and
disabilities’’ as grammatically Rather, that section addresses potential claimants alike. Of course,
appropriate. As noted above, LSC coordination between DOJ and EEOC in LSC retains the discretion and authority

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65058 Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Rules and Regulations

to conduct its own investigations into current policy. This commenter complainants as is practicable within
any claim of disability-based suggested that LSC should instead adopt LSC’s authority. LSC, accordingly,
discrimination grounded in this Part or a new policy under which LSC would declines to adopt the commenter’s
the grant assurances and make its own commit to investigating and processing suggestion and instead adopts the
findings upon the conclusion of such all complaints directly without referral language in proposed section 1624.7 as
investigation, irrespective of whether a or reference to any other agency’s proposed.
complaint based on the same investigations. The commenter argues
LSC received one other comment on
circumstances is pending at another that LSC’s expertise in legal services
this section. This commenter suggests
agency. makes it uniquely qualified to do so and
that LSC has better leverage to force that LSC: (1) Create a tracking system to
One commenter stated that it agreed
with the substance of the policy and recipients to provide specific relief to flag repeat offenders; (2) engage in
with LSC’s proposal to formalize the complainants. increased efforts to represent
policy by placing it in the regulation. LSC, like any other agency with individuals with disabilities who bring
The commenter expressed its concern, oversight responsibilities, has limited allegations of violations of the ADA to
however, that the language proposed is resources available to it. Although LSC the attention of LSC, including
‘‘not sufficiently clear or definitive.’’ takes all complaints about violations (of obtaining consulting assistance and
This commenter suggested the following any applicable LSC requirements) training for OCE staff; and (3) that the
alternative language: seriously and retains the discretion to language of the regulation allow for LSC
fully process any complaint it receives, to retain for the purpose of enforcement
LSC will promptly refer a complainant
who alleges a violation that appears to fall LSC must and does exercise discretion cases at its discretion.
within the scope of this Part to the in the processing of complaints LSC reiterates that it receives very few
appropriate Federal, state or local agency or (regardless of subject matter), taking into complaints and has no reason to believe
agencies with authority to investigate account the specific facts of the case and that there are ‘‘repeat offenders’’ going
discrimination on the basis of disability. the resources available to LSC. Thus, undetected. Nonetheless, current OCE
Pending completion of such agency’s LSC believes that adopting any policy
investigation, LSC may also investigate the policy and practice already enables LSC
which expressly limits that discretion to identify repeat offenders (should
complaint. As part of the investigation, LSC with respect to a particular subset of
may also use such agency’s findings, there be any) and take action as
complaints is inappropriate.
conclusion or information that the other necessary.
agency makes available to LSC. In this particular area, although LSC
has expertise in legal services, it is not With respect to the second suggestion,
LSC does not agree that the proposed an expert as to what constitutes LSC is, as noted above, without legal
alternative language is preferable to the discrimination on the basis of disability. authority to represent individuals. In
language LSC proposed. Elimination of Moreover, as difficult as it may be for complaint investigations LSC is not
the word ‘‘generally’’ in the first a complainant to have DOJ or EEOC take representing the complainant, but rather
sentence of paragraph (b) does create an individual’s case to court, LSC is not is exercising its oversight authority over
more specificity, but at the expense of authorized to seek court-ordered relief the recipient. As such, LSC can only
necessary LSC discretion. There may be for a complainant at all.3 In addition, take limited action against the recipient
good reason why LSC would not there may be a local enforcement agency (as discussed above). Indeed, the
automatically refer a complainant to option or direct legal action that would inability of LSC to represent individual
another agency; for example, if the be available to a complainant—again, claimants and LSC’s limited ability to
complainant states that he/she is assistance that LSC cannot provide. force a recipient to provide specific
already pursuing or has pursued a With respect to LSC’s ‘‘leverage,’’ it is relief to a complainant is exactly what
complaint with another agency. LSC’s experience that LSC’s leverage is led to the development and adoption of
Requiring LSC to refer a complainant to a blunt instrument not well suited to the current enforcement policy which
another agency under those obtaining relief for individual LSC has proposed to codify. In addition,
circumstances would be unnecessary. complainants with these types of with respect to the suggestion that LSC
Nor does LSC agree that elimination of complaints. LSC can impose additional obtain additional training or consultant
the phrase ‘‘retains the discretion’’ and grant conditions at the time of grant assistance, although LSC agrees that
the use of the word ‘‘may’’ in its place renewal or put a recipient on month-to- such activities would be helpful to
would improve the clarity or month funding at the end of the grant increase LSC’s level of in-house
definitiveness of the regulation. LSC term. Both of these actions, however, are expertise, LSC regrets that it is faced
prefers the language as proposed dependent upon the recipient with the reality of limited resources.
because it plainly indicates an exercise happening to be at the end of a grant Given the infrequency of complaints
of discretion. The word ‘‘may’’ does also year or grant term (respectively) for received and the existence of other
imply the exercise of discretion, but them to potentially be effective. During investigatory agencies with greater
perhaps less explicitly. Since the the grant term, LSC could institute
expertise, LSC does not believe that
commenter is not suggesting the suspension or termination proceedings,
making a significant investment in the
development and adoption of specific but these are resource intensive and
manner suggested would be the most
published standards for making likely a disproportionate response to all
effective or efficient use of its limited
determinations about when LSC would but the most egregious of violations. At
choose to directly investigate a the same time, the current policy
complaint rather than defer to another appears to have functioned well for LSC Regarding the commenter’s third
agency’s investigation (which would be and recipients, and as well for suggestion, LSC notes that the language
very difficult given the fact-specific proposed does expressly reserve to LSC
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nature of these cases), LSC prefers to be 3 To the extent that the preamble to the NPRM the discretion to retain jurisdiction over
explicit about its discretion in this may have appeared to suggest ‘‘direct’’ DOJ/EEOC any complaint it receives as the
enforcement authority, such a suggestion was not
matter. intended. Rather, LSC intended to note, as the
commenter proposes. Therefore, LSC
Another commenter took the opposite commenter states, that DOJ and the EEOC have the believes that no change or addition to
position, urging LSC not to codify its authority to seek court ordered relief. the proposed language is necessary.

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Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Rules and Regulations 65059

List of Subjects in 45 CFR Part 1624 (b) Facility means all or any portion eligibility requirements for the receipt of
Civil rights, Grant programs—law, of buildings, structures, equipment, such services from the legal services
Individuals with disabilities, Legal roads, walks, parking lots, or other real program.
services. or personal property or interest in such (e) Auxiliary aids and/or other
For reasons set forth above, and under property; assistive technologies means any item,
the authority of 42 U.S.C. 2996g(e), LSC (c)(1) Person with a disability means piece of equipment, or product system
revises 45 CFR part 1624 as follows: any person who: whether acquired commercially off the
(i) Has a physical or mental shelf, modified or customized, that is
PART 1624—PROHIBITION AGAINST impairment which substantially limits used to increase, maintain, or improve
DISCRIMINATION ON THE BASIS OF one or more major life activities, functional capabilities of individuals
DISABILITY (ii) has a record of such an with disabilities. Auxiliary aids and/or
impairment, or (iii) is regarded as other assistive technologies include, but
Sec. having such an impairment; are not limited to, brailled and taped
1624.1 Purpose. (2) As used in paragraph (c)(1) of this
1624.2 Application. material, interpreters,
section the phrase: telecommunications equipment for the
1624.3 Definitions. (i) Physical or mental impairment
1624.4 Discrimination prohibited. deaf, voice recognition software,
means: (A) Any physiological disorder computer screen magnifiers, screen
1624.5 Accessibility of legal services.
1624.6 Employment.
or condition, cosmetic disfigurement, or reader software, wireless amplification
1624.7 Enforcement. anatomical loss affecting one or more of systems, and other aids.
the following body systems:
Authority: 49 U.S.C. 794; 42 U.S.C. Neurological; musculoskeletal; special § 1624.4 Discrimination prohibited.
2996f(a) (1) and (3).
sense organs; digestive; genitourinary; (a) No qualified person with a
§ 1624.1 Purpose. hemic and lymphatic; skin; and disability shall, on the basis of
The purpose of this part is to assist endocrine; or (B) any mental or disability, be excluded from
and provide guidance to legal services psychological disorder, such as mental participation in, be denied the benefits
programs supported in whole or in part retardation, organic brain syndrome, of, or otherwise be subjected to
by Legal Services Corporation funds in emotional or mental illness, and specific discrimination by any legal services
removing any impediments that may learning disabilities; The phrase program, directly or through any
exist to the provision of legal assistance includes, but is not limited to, such contractual or other arrangement.
to persons with disabilities eligible for diseases and conditions as orthopedic, (b) A legal services program may not
such assistance in accordance with visual, speech, and hearing deny a qualified person with a disability
section 504 of the Rehabilitation Act of impairments, cerebral palsy, epilepsy, the opportunity to participate in any of
1973, as amended, 29 U.S.C. 794 and muscular dystrophy, multiple sclerosis, its programs or activities or to receive
with sections 1007(a) (1) and (3) of the cancer, heart disease, diabetes, mental any of its services provided at a facility
Legal Services Corporation Act, as retardation, emotional illness, and drug on the ground that the program operates
amended, 42 U.S.C. 2996f(a) (1) and (3), addiction and alcoholism; a separate or different program, activity
with respect to the provision of services (ii) Major life activities means
or facility that is specifically designed to
to and employment of persons with functions such as caring for one’s self,
serve persons with disabilities.
disabilities. The requirements of this performing manual tasks, walking,
(c) In determining the geographic site
Part apply in addition to any seeing, hearing, speaking, breathing,
or location of a facility, a legal services
responsibilities legal services programs learning, and working;
(iii) Has a record of such impairment program may not make selections that
may have under applicable have the purpose or effect of excluding
requirements of the Americans with means has a history of, or has been
misclassified as having, a mental or persons with disabilities from, denying
Disabilities Act and applicable them the benefits of, or otherwise
implementing regulations of the physical impairment that substantially
limits one or more major life activities; subjecting them to discrimination under
Department of Justice and the Equal any program or activity of the legal
Employment Opportunity Commission. (iv) Is regarded as having an
impairment means: (A) Has a physical services program.
§ 1624.2 Application. or mental impairment that does not (d)(1) A legal services program that
This part applies to each legal substantially limit major life activities employs a total of fifteen or more
services program receiving financial but is treated by a legal services program persons, regardless of whether such
assistance from the Legal Services as constituting such a limitation; (B) has persons are employed at one or more
Corporation. a physical or mental impairment that locations, shall provide, when
substantially limits major life activities necessary, appropriate auxiliary aids
§ 1624.3 Definitions. only as a result of the attitudes of others and/or other assistive technologies to
As used in this part, the term: toward such impairments; or (C) has persons with impaired sensory, manual
(a) Legal services program means any none of the impairments defined in or speaking skills, in order to afford
recipient, as defined by § 1600.1 of this paragraph (c)(2)(i) of this section but is such persons an equal opportunity to
chapter, or any other public or private treated by a legal services program as benefit from the legal services program’s
agency, institution, organization, or having such an impairment; services. A legal services program is not
other entity, or any person to which or (d) Qualified person with a disability required to maintain such aids at all
to whom financial assistance is means: times, provided they can be obtained on
extended by the Legal Services (1) With respect to employment, a reasonable notice.
Corporation directly or through another person with a disability who, with (2) The Corporation may require legal
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agency, institution, organization, entity reasonable accommodation, can perform services programs with fewer than
or person, including any successor, the essential functions of the job in fifteen employees to provide auxiliary
assignee, or transferee of a legal services question; aids and/or other assistive technologies
program, but does not include the (2) with respect to other services, a where the provision of such aids would
ultimate beneficiary of legal assistance; person with a disability who meets the not significantly impair the ability of the

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65060 Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Rules and Regulations

legal services program to provide its facility accessibility has been submitted, organizations or other entities such as,
services. additional statements need not be but not limited to, employment and
(e) A legal services program shall take resubmitted with respect to the same referral agencies, labor unions,
reasonable steps to ensure that facility, unless substantial changes have organizations providing or
communications with its applicants, been made in the facility that affect its administering fringe benefits to
employees, and beneficiaries are accessibility. employees of the legal services program,
available to persons with impaired (d) A legal services program shall and organizations providing training
vision and hearing. ensure that new facilities designed or and apprenticeship programs, if the
(f) A legal services program may not constructed for it are readily accessible practices of such person, agency,
deny persons with disabilities the to and usable by persons with organization, or other entity have the
opportunity to participate as members disabilities. Alterations to existing effect of subjecting qualified applicants
of or in the meetings or activities of any facilities shall, to the maximum extent or employees with disabilities to
planning or advisory board or process feasible, be designed and constructed to discrimination prohibited by this
established by or conducted by the legal make the altered facilities readily paragraph.
services program, including but not accessible to and usable by persons with (e) A legal services program shall
limited to meetings and activities disabilities. make reasonable accommodation to the
conducted in response to the known physical or mental limitations of
requirements of 45 CFR part 1620. § 1624.6 Employment. an otherwise qualified applicant or
(a) No qualified person with a employee with a disability unless the
§ 1624.5 Accessibility of legal services.
disability shall, on the basis of accommodation would impose an
(a) No qualified person with a disability, be subjected to undue hardship on the operation of the
disability shall, because a legal services discrimination in employment by any program.
program’s facilities are inaccessible to or legal services program. (1) For purposes of this paragraph (e),
unusable by persons with disabilities, (b) A legal services program shall reasonable accommodation may
be denied the benefits of, be excluded make all decisions concerning include:
from participation in, or otherwise be employment under any program or (i) Making facilities used by
subjected to discrimination by any legal activity to which this part applies in a employees readily accessible to and
services program. manner that ensures that discrimination usable by persons with disabilities; and
(b) A legal services program shall on the basis of disability does not occur, (ii) job restructuring, part-time or
conduct its programs and activities so and may not limit, segregate, or classify modified work schedules, acquisition or
that, when viewed in their entirety, they applicants or employees in any way that modification of equipment or devices,
are readily accessible to and usable by adversely affects their opportunities or the provision of auxiliary aids and/or
persons with disabilities. This status because of disability. other assistive technologies, and other
paragraph does not necessarily require a (c) The prohibition against similar actions.
legal services program to make each of discrimination in employment applies (2) In determining whether an
its existing facilities or every part of an to the following activities: accommodation would impose an
existing facility accessible to and usable (1) Recruitment, advertising, and the undue hardship on the operation of a
by persons with disabilities, or require processing of applications for legal services program, factors to be
a legal services program to make employment; considered include, but are not limited
structural changes in existing facilities (2) Hiring, upgrading, promotion, to, the overall size of the legal services
when other methods are effective in award of tenure, demotion, transfer, program with respect to number of
achieving compliance. In choosing layoff, termination, right of return from employees, number and type of
among available methods for meeting layoff, and rehiring; facilities, and size of budget, and the
the requirements of this paragraph, a (3) Rates of pay or any other form of nature and costs of the accommodation
legal services program shall give priority compensation and changes in needed.
to those methods that offer legal services compensation; (3) A legal services program may not
to persons with disabilities in the most (4) Job assignments, job deny any employment opportunity to a
integrated setting appropriate. classifications, organizational qualified employee or applicant with a
(c) A legal services program shall, to structures, position descriptions, lines disability if the basis for the denial is a
the maximum extent feasible, ensure of progression, and seniority lists; need to make reasonable
that new facilities that it rents or (5) Leaves of absence, sick leave, or accommodation to the physical or
purchases are accessible to persons with any other leave; mental limitations of the employee or
disabilities. Prior to entering into any (6) Fringe benefits available by virtue applicant.
lease or contract for the purchase of a of employment, whether or not (f) A legal services program may not
building, a legal services program shall administered by the legal services use employment tests or criteria that
submit a statement to LSC certifying program; discriminate against persons with
that the facilities covered by the lease or (7) Selection and financial support for disabilities, and shall ensure that
contract will be accessible to persons training, including apprenticeship, employment tests are adapted for use by
with disabilities, or if the facilities will professional meetings, conferences, and persons who have disabilities that
not be accessible, a detailed description other related activities, and selection for impair sensory, manual, or speaking
of the efforts the program made to leaves of absence to pursue training; skills.
obtain accessible space, the reasons why (8) Employer sponsored activities, (g) A legal services program may not
the inaccessible facility was including social or recreational conduct a pre-employment medical
nevertheless selected, and the specific programs; and examination or make a pre-employment
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steps that will be taken by the legal (9) Any other term, condition, or inquiry as to whether an applicant is a
services program to ensure that its privilege of employment. person with a disability or as to the
services are accessible to persons with (d) A legal services program may not nature or severity of a disability except
disabilities who would otherwise use participate in any contractual or other under the circumstances described in 45
that facility. After a statement certifying relationship with persons, agencies, CFR 84.14(a) through (d)(2). The

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Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Rules and Regulations 65061

Corporation shall have access to DEPARTMENT OF COMMERCE Background

relevant information obtained in
accordance with this section to permit National Oceanic and Atmospheric A temporary rule was published in
investigations of alleged violations of Administration the Federal Register on October 12,
this part. 2006 (71 FR 60076), closing the
(h) A legal services program shall post 50 CFR Part 622 commercial fisheries for golden tilefish
in prominent places in each of its offices and snowy grouper in the EEZ of the
a notice stating that the legal services [Docket No. 060525140–6221–02; I.D. South Atlantic from 12:01 a.m., local
program does not discriminate on the 092606D] time, October 23, 2006, until 12:01 a.m.,
basis of disability. local time, on January 1, 2007. NMFS
(i) Any recruitment materials Fisheries of the Caribbean, Gulf of determined that this closure was
published or used by a legal services Mexico, and South Atlantic; Snapper- necessary to protect the golden tilefish
program shall include a statement that Grouper Fishery Off the Southern and snowy grouper resources.
the legal services program does not Atlantic States; Closure of the 2006
discriminate on the basis of disability. Golden Tilefish and Snowy Grouper Need for Correction
Commercial Fisheries; Correction
§ 1624.7 Enforcement. FR Doc. E6–16934, published on
(a) The procedures described in part AGENCY: National Marine Fisheries October 12, 2006 (71 FR 60076),
1618 of these regulations shall apply to Service (NMFS), National Oceanic and contains an error in the subject heading
any alleged violation of this Part by a Atmospheric Administration (NOAA), and requires correction.
legal services program. Commerce.
(b) When LSC receives a complaint of Correction
a violation of this part, LSC policy is ACTION: Temporary rule; closure;
correction. Accordingly, the temporary rule,
generally to refer such complainants
promptly to the appropriate Federal, published on October 12, 2006, at 71 FR
state or local agencies, although LSC SUMMARY: This document contains a 60076, is corrected as follows:
retains the discretion to investigate all correction to the temporary rule that On page 60076, in the 3rd column, in
complaints and/or to maintain an open closes the commercial fisheries for the subject heading, remove the phrase
complaint file during the pendency of golden tilefish and snowy grouper in the ‘‘Reef Fish Fishery of the Gulf of
an investigation being conducted by exclusive economic zone (EEZ) of the Mexico’’ and add in its place the phrase
such other Federal, state or local agency. South Atlantic that was published in the ‘‘Snapper-Grouper Fishery Off the
LSC may use, at its discretion, Federal Register October 12, 2006. Southern Atlantic States’’.
information obtained by such other
DATES: Effective 12:01 a.m., local time, Authority: 16 U.S.C. 1801 et seq.
agency as may be available to LSC,
October 23, 2006, until 12:01 a.m., local
including findings of such other agency Dated: November 1, 2006.
time, on January 1, 2007.
of whether discrimination on the basis James P. Burgess,
of disability occurred. FOR FURTHER INFORMATION CONTACT: Acting Director, Office of Sustainable
Victor M. Fortuno,
Anik Clemens, telephone 727–824– Fisheries, National Marine Fisheries Service.
5305; fax 727–824–5308; e-mail [FR Doc. E6–18747 Filed 11–6–06; 8:45 am]
Vice President and General Counsel.
[FR Doc. E6–18709 Filed 11–6–06; 8:45 am] BILLING CODE 3510–22–S


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