Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by the Equal Employment Opportunity Commission and Accessibility of Commission Electronic and Information Technology, 39866-39868 [E8-15764]

Download as PDF 39866 Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Rules and Regulations Authority: 5 U.S.C. 301; 18 U.S.C. 3013, 3571, 3572, 3621, 3622, 3624, 3663, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 4126, 5006–5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510. 2. In § 545.25, add paragraph (e) to read as follows: I § 545.25 Eligibility for performance pay. * * * * * (e) Inmates receiving performance pay who are found through the disciplinary process (part 541 of this subchapter) to have committed a level 100 or 200 series drug- or alcohol-related prohibited act will automatically have their performance pay reduced to maintenance pay level and will be removed from any assigned work detail outside the secure perimeter of the institution. This reduction to maintenance pay level, and removal from assigned work detail outside the secure perimeter of the institution, will ordinarily remain in effect for one year, unless otherwise authorized by the Warden. [FR Doc. E8–15855 Filed 7–10–08; 8:45 am] BILLING CODE 4410–05–P EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1615 RIN 3046–AA82 Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by the Equal Employment Opportunity Commission and Accessibility of Commission Electronic and Information Technology Equal Employment Opportunity Commission. ACTION: Final rule. cprice-sewell on PRODPC61 with RULES AGENCY: SUMMARY: The Equal Employment Opportunity Commission (EEOC or Commission) is publishing this final rule to amend its regulation to establish that all complaints under section 508 of the Rehabilitation Act of 1973, as amended (section 508), whether filed by members of the public or EEOC employees, will be processed under the procedures for section 504 public complaints. This final rule also updates the terminology used to describe how EEOC enforces section 504 of the Rehabilitation Act with respect to its own programs or activities. Finally, the final rule updates or eliminates certain sections of this regulation that are no longer relevant. DATES: Effective August 11, 2008. VerDate Aug<31>2005 14:58 Jul 10, 2008 Jkt 214001 FOR FURTHER INFORMATION CONTACT: Carol R. Miaskoff or Kerry E. Leibig, Office of Legal Counsel, U.S. Equal Employment Opportunity Commission at (202) 663–4638 (voice), (202) 663– 7026 (TTY) (This is not a toll-free telephone number.) This document is also available in the following formats: Large print, Braille, audio tape, and electronic file on computer disk. Requests for this document in an alternative format should be made to the Office of Communications and Legislative Affairs at (202) 663–4191 (voice) or (202) 663–4494 (TTY) or to the Publications Information Center at 1–800–669–3362. Section 508 of the Rehabilitation Act provides that each federal agency must ensure that the electronic and information technology it develops, procures, maintains, or uses is accessible to individuals with disabilities who are Federal employees or applicants, or members of the public seeking information or services from the agency. Section 508 authorizes individuals to file administrative complaints and civil actions limited to the alleged failure to procure accessible technology. In a Notice of Proposed Rulemaking (NPRM), the EEOC proposed amendments to its regulations at 29 CFR part 1615 to address the requirements of section 508 and to update terminology and eliminate certain sections that are no longer relevant. See 73 Fed. Reg. 9065 (Feb. 19, 2008). The Commission received no public comments in response to the NPRM and therefore has made no changes to the final rule. SUPPLEMENTARY INFORMATION: Regulatory Procedures Executive Order 12866 In promulgating this rulemaking, the Commission has adhered to the regulatory philosophy and applicable principles of regulation set forth in section 1 of Executive Order 12866, Regulatory Planning and Review. As indicated in the Semi-Annual Regulatory Agenda for Fall 2007, this regulation is not a significant regulation within the meaning of the Executive Order. Regulatory Flexibility Act The Commission certifies under 5 U.S.C. Sec. 605(b), enacted by the Regulatory Flexibility Act (Pub. L. 96– 354), that this rule will not have a significant economic impact on a substantial number of small entities, because it applies exclusively to a federal agency and individuals accessing the services of a Federal PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 agency. For this reason, a regulatory flexibility analysis is not required. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the Unfunded Mandates Reform Act of 1995. Paperwork Reduction Act This regulation contains no information collection requirements subject to review by the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 29 CFR Part 1615 Administrative practice and procedure, Civil rights, Equal employment opportunity, Federal buildings and facilities, Individuals with disabilities. I For the reasons set forth in the preamble, the EEOC amends 29 CFR part 1615 as follows: PART 1615—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND IN ACCESSIBILITY OF COMMISSION ELECTRONIC AND INFORMATION TECHNOLOGY 1. Revise the authority citation for 29 CFR part 1615 to read as follows: I Authority: 29 U.S.C. 794 and 29 U.S.C. 794d(f)(2). 2. Part 1615 is amended as follows: A. By revising the heading to read as set forth above. I B. By removing the term ‘‘handicap’’ wherever it appears and adding, in its place, the term ‘‘disability’’. I C. By removing the term ‘‘handicaps’’ wherever it appears and adding, in its place, the term ‘‘disabilities’’. I D. By removing the term ‘‘nonhandicapped persons’’ wherever it appears and adding, in its place, the term ‘‘individuals without disabilities’’. I E. By removing the term ‘‘Chairman’’ wherever it appears and adding, in its place, the term ‘‘Chair’’. I F. By removing the term ‘‘EEO Director’’ wherever it appears and adding, in its place, the term ‘‘Director of OEO’’. I 3. Section 1615.101 is amended by redesignating the current paragraph as paragraph (a) and adding a new paragraph (b) to read as follows: I I E:\FR\FM\11JYR1.SGM 11JYR1 Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Rules and Regulations § 1615.101 Purpose. * * * * * (b) The purpose of this part is also to effectuate section 508 of the Rehabilitation Act, which requires that when Federal departments and agencies develop, procure, maintain, or use electronic and information technology, they shall ensure accessibility by individuals with disabilities who are Federal employees or applicants, or members of the public. I 4. Section 1615.102 is revised to read as follows: § 1615.102 Application. This part applies to all programs or activities conducted by the Commission and to its development, procurement, maintenance, and use of electronic and information technology. I 5. Section 1615.103 is amended as follows: I A. The definition of ‘‘Complete complaint’’ is revised. I B. A definition of ‘‘Electronic and information technology’’ is added. I C. The definition heading ‘‘Individual with handicaps’’ is removed and ‘‘Individual with a disability’’ is added in its place. I D. The definition ‘‘Qualified individual with a handicap’’ is removed. I E. A definition of ‘‘Qualified individual with a disability’’ is added. I F. A definition of ‘‘Section 508’’ is added. The revisions and additions read as follows: § 1615.103 Definitions. cprice-sewell on PRODPC61 with RULES * * * * * Complete complaint means a written statement that contains the complainant’s name and address and describes the Commission’s actions in sufficient detail to inform the Commission of the nature and date of the alleged violation of section 504 or section 508. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination. Electronic and Information technology. Includes information technology and any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, or duplication of data or information. The term electronic and information technology includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, VerDate Aug<31>2005 14:58 Jul 10, 2008 Jkt 214001 multimedia, and office equipment such as copiers and fax machines. The term does not include any equipment that contains embedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, HVAC (heating, ventilation, and air conditioning) equipment such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology. * * * * * Qualified individual with a disability means: (1) With respect to any Commission program or activity (except employment), an individual with a disability who, with or without modifications or aids required by this part, meets the essential eligibility requirements for participation in, or receipt of benefits from, that program or activity. (2) With respect to employment, a qualified individual with a disability as defined in 29 CFR 1630.2(m), which is made applicable to this part by § 1615.140. * * * * * Section 508 means section 508 of the Rehabilitation Act of 1973, Pub. L. 93– 112, Title V, § 508, as added Pub. L. 99– 506, Title VI, § 603(a), Oct. 21, 1986, 100 Stat. 1830, and amended Pub. L. 100– 630, Title II, § 206(f), Nov. 7, 1988, 102 Stat. 3312; Pub. L. 102–569, Title V, § 509(a), Oct. 29, 1992, 106 Stat. 4430; Pub. L. 105–220, Title IV, § 408(b), Aug. 7, 1998, 112 Stat. 1203. § 1615.110 [Removed] 6. Section 1615.110 is removed and reserved. I 7. Section 1615.135 is added to read as follows: I § 1615.135 Electronic and information technology requirements. (a) Development, procurement, maintenance, or use of electronic and information technology.—When developing, procuring, maintaining, or using electronic and information technology, the Commission shall ensure, unless an undue burden would be imposed on it, that the electronic and information technology allows, regardless of the type of medium of the technology— (1) Individuals with disabilities who are Commission employees to have access to and use of information and PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 39867 data that is comparable to the access to and use of the information and data by Commission employees who are not individuals with disabilities; and (2) Individuals with disabilities who are members of the public seeking information or services from the Commission to have access to and use of information and data that is comparable to the access to and use of the information and data by such members of the public who are not individuals with disabilities. (b) Alternative means of access when undue burden is imposed.—When development, procurement, maintenance, or use of electronic and information technology that meets the standards published by the Architectural and Transportation Barriers Compliance Board at 36 CFR part 1194 would impose an undue burden, the Commission shall provide individuals with disabilities covered by this section with the information and data involved by an alternative means of access that allows the individual to use the information and data. 8. Section 1615.140 is revised to read as follows: I § 1615.140 Employment. No qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any program or activity conducted by the Commission. The definitions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established by this Commission in 29 CFR part 1614, shall apply to employment in federally conducted programs or activities. As noted in 29 CFR 1614.203(b), the standards used to determine whether section 501 of the Rehabilitation Act has been violated in a complaint alleging non-affirmative action employment discrimination under part 1614 shall be the standards applied under Title I and Title V (sections 501 through 504 and 510) of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101, 12111, 12201) as such sections relate to employment. These standards are set forth in the Commission’s ADA regulations at 29 CFR part 1630. If a section 501 complaint is filed against the Commission in the part 1614 process and it is found to include a separate section 508 claim, the part 1614 process will be used to process the section 501 claim. The section 508 claim will be processed separately in accordance with the procedures set forth at § 1615.170. E:\FR\FM\11JYR1.SGM 11JYR1 39868 § 1615.150 Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Rules and Regulations [Amended] 9. Section 1615.150(c) and (d) are removed. I 10. Section 1615.170 is amended as follows: I A. Revise paragraphs (a), (b), and (c). I B. Revise the first sentences of paragraphs (d)(1) and (d)(2). I C. Revise the third and fourth sentences of paragraph (i). I D. Revise paragraph (j). I E. Revise the first sentence of paragraph (k). I F. Add a new paragraph (n). The revisions and additions read as follows: I cprice-sewell on PRODPC61 with RULES § 1615.170 Compliance procedures. (a) Except as provided in paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of disability in programs or activities conducted by the Commission in violation of section 504. This section also applies to all complaints alleging a violation of the agency’s responsibility to procure electronic and information technology under section 508 whether filed by members of the public or EEOC employees or applicants. (b) The Commission shall process complaints alleging violations of section 504 with respect to employment according to the procedures established by EEOC in 29 CFR part 1614 pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791). With regard to employee claims concerning agency procurements made in violation of section 508, the procedures set out in paragraphs (d) through (m) of this section shall be used. (c) Responsibility for implementation and operation of this section shall be vested in the Director, Office of Equal Opportunity (Director of OEO). (d) * * * (1) * * * Any person who believes that he or she has been subjected to discrimination prohibited by this part or that the agency’s procurement of electronic and information technology has violated section 508, or authorized representative of such person, may file a complaint with the Director of OEO. * * * (2) * * * Complaints shall be filed with the Director of OEO within one hundred and eighty calendar days of the alleged acts of discrimination. * * * * * * * * (i) * * * An appeal shall be deemed filed on the date it is postmarked, or, in the absence of a postmark, on the date it is received by the Chair at EEOC headquarters. It should be clearly marked ‘‘Appeal of Section 504 decision’’ or ‘‘Appeal of Section 508 VerDate Aug<31>2005 14:58 Jul 10, 2008 Jkt 214001 decision’’ and should contain specific objections explaining why the person believes the initial decision was factually or legally wrong. * * * (j) Timely appeals shall be decided by the Chair of the Commission unless the Commission determines that an appeal raises a policy issue which should be addressed by the full Commission. (1) The Chair will draft a decision within 30 days of receipt of an appeal and circulate it to the Commission. (2) If a Commissioner believes an appeal raises a policy issue that should be addressed by the full Commission, he or she shall so inform the Chair by notice in writing within ten calendar days of the circulation of the draft decision on appeal. (3) If the Chair does not receive such written notice, the decision on appeal shall be issued. (4) If the Chair receives written notice as described in subparagraph (2), the Commission shall resolve the appeal through a vote. (k) The Commission shall notify the complainant of the results of the appeal within ninety calendar days of the receipt of the appeal from the complainant. * * * * * * * * (n) Civil actions. The remedies, procedures, and rights set forth in sections 505(a)(2) and 505(b) of the Rehabilitation Act, 29 U.S.C. 794a(a)(2) and 794a(b) shall be the remedies, procedures, and rights available to any individual with a disability filing a complaint under this section. Dated: July 2, 2008. Naomi C. Earp, Chair. [FR Doc. E8–15764 Filed 7–10–08; 8:45 am] BILLING CODE 6570–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Nos. USCG–2008–0372 and USCG– 2008–0301] RIN 1625–AA00 and RIN 1625–AA87 Safety Zones; Northeast Gateway Deepwater Port, Atlantic Ocean, MA and Security Zone; Liquefied Natural Gas Carriers, Massachusetts Bay, MA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is extending the duration of two temporary safety PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 zones of 500 meter radii around the primary components, two independent submerged turret-loading buoys, of Excelerate Energy’s Northeast Gateway Deepwater Port, Atlantic Ocean, and its accompanying systems, as well as extending the duration of the temporary security zone around Liquefied Natural Gas Carrier (LNGC) vessels approaching, engaging, regasifying, disengaging, mooring, or otherwise conducting operations at the deepwater port facility in Massachusetts Bay. The purpose of these temporary safety zones is to protect vessels and mariners from the potential safety hazards associated with deepwater port facilities. All vessels, with the exception of deepwater port support vessels, are prohibited from entering into or moving within either of the safety zones. The security zone is necessary to protect LNGC vessels calling on the deepwater port from security threats or other subversive acts. DATES: This rule extends the current temporary regulations, which have been in effect since May 7, 2008 (USCG– 2008–0372) (73 FR 28039), and May 16, 2008 (USCG–2008–0301) (73 FR 31612), through July 17, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2008– 0372 and USCG–2008–0301 respectively, are available online at www.regulations.gov. They are also available for inspection or copying at two locations: The Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays, and the U.S. Coast Guard, Sector Boston, 427 Commercial Street, Boston, MA 02109, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call Chief Petty Officer Eldridge McFadden, Waterways Management Division, U.S. Coast Guard Sector Boston, at 617–223–5160. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. The deepwater port facilities discussed E:\FR\FM\11JYR1.SGM 11JYR1

Agencies

[Federal Register Volume 73, Number 134 (Friday, July 11, 2008)]
[Rules and Regulations]
[Pages 39866-39868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15764]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1615

RIN 3046-AA82


Enforcement of Nondiscrimination on the Basis of Disability in 
Programs or Activities Conducted by the Equal Employment Opportunity 
Commission and Accessibility of Commission Electronic and Information 
Technology

AGENCY: Equal Employment Opportunity Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Equal Employment Opportunity Commission (EEOC or 
Commission) is publishing this final rule to amend its regulation to 
establish that all complaints under section 508 of the Rehabilitation 
Act of 1973, as amended (section 508), whether filed by members of the 
public or EEOC employees, will be processed under the procedures for 
section 504 public complaints. This final rule also updates the 
terminology used to describe how EEOC enforces section 504 of the 
Rehabilitation Act with respect to its own programs or activities. 
Finally, the final rule updates or eliminates certain sections of this 
regulation that are no longer relevant.

DATES: Effective August 11, 2008.

FOR FURTHER INFORMATION CONTACT: Carol R. Miaskoff or Kerry E. Leibig, 
Office of Legal Counsel, U.S. Equal Employment Opportunity Commission 
at (202) 663-4638 (voice), (202) 663-7026 (TTY) (This is not a toll-
free telephone number.) This document is also available in the 
following formats: Large print, Braille, audio tape, and electronic 
file on computer disk. Requests for this document in an alternative 
format should be made to the Office of Communications and Legislative 
Affairs at (202) 663-4191 (voice) or (202) 663-4494 (TTY) or to the 
Publications Information Center at 1-800-669-3362.

SUPPLEMENTARY INFORMATION: Section 508 of the Rehabilitation Act 
provides that each federal agency must ensure that the electronic and 
information technology it develops, procures, maintains, or uses is 
accessible to individuals with disabilities who are Federal employees 
or applicants, or members of the public seeking information or services 
from the agency. Section 508 authorizes individuals to file 
administrative complaints and civil actions limited to the alleged 
failure to procure accessible technology. In a Notice of Proposed 
Rulemaking (NPRM), the EEOC proposed amendments to its regulations at 
29 CFR part 1615 to address the requirements of section 508 and to 
update terminology and eliminate certain sections that are no longer 
relevant. See 73 Fed. Reg. 9065 (Feb. 19, 2008). The Commission 
received no public comments in response to the NPRM and therefore has 
made no changes to the final rule.

Regulatory Procedures

Executive Order 12866

    In promulgating this rulemaking, the Commission has adhered to the 
regulatory philosophy and applicable principles of regulation set forth 
in section 1 of Executive Order 12866, Regulatory Planning and Review. 
As indicated in the Semi-Annual Regulatory Agenda for Fall 2007, this 
regulation is not a significant regulation within the meaning of the 
Executive Order.

Regulatory Flexibility Act

    The Commission certifies under 5 U.S.C. Sec. 605(b), enacted by the 
Regulatory Flexibility Act (Pub. L. 96-354), that this rule will not 
have a significant economic impact on a substantial number of small 
entities, because it applies exclusively to a federal agency and 
individuals accessing the services of a Federal agency. For this 
reason, a regulatory flexibility analysis is not required.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the Unfunded Mandates Reform Act of 1995.

Paperwork Reduction Act

    This regulation contains no information collection requirements 
subject to review by the Office of Management and Budget under the 
Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 29 CFR Part 1615

    Administrative practice and procedure, Civil rights, Equal 
employment opportunity, Federal buildings and facilities, Individuals 
with disabilities.

0
For the reasons set forth in the preamble, the EEOC amends 29 CFR part 
1615 as follows:

PART 1615--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF 
DISABILITY IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE EQUAL 
EMPLOYMENT OPPORTUNITY COMMISSION AND IN ACCESSIBILITY OF 
COMMISSION ELECTRONIC AND INFORMATION TECHNOLOGY

0
1. Revise the authority citation for 29 CFR part 1615 to read as 
follows:

    Authority: 29 U.S.C. 794 and 29 U.S.C. 794d(f)(2).


0
2. Part 1615 is amended as follows:
0
A. By revising the heading to read as set forth above.
0
B. By removing the term ``handicap'' wherever it appears and adding, in 
its place, the term ``disability''.
0
C. By removing the term ``handicaps'' wherever it appears and adding, 
in its place, the term ``disabilities''.
0
D. By removing the term ``nonhandicapped persons'' wherever it appears 
and adding, in its place, the term ``individuals without 
disabilities''.
0
E. By removing the term ``Chairman'' wherever it appears and adding, in 
its place, the term ``Chair''.
0
F. By removing the term ``EEO Director'' wherever it appears and 
adding, in its place, the term ``Director of OEO''.

0
3. Section 1615.101 is amended by redesignating the current paragraph 
as paragraph (a) and adding a new paragraph (b) to read as follows:

[[Page 39867]]

Sec.  1615.101  Purpose.

* * * * *
    (b) The purpose of this part is also to effectuate section 508 of 
the Rehabilitation Act, which requires that when Federal departments 
and agencies develop, procure, maintain, or use electronic and 
information technology, they shall ensure accessibility by individuals 
with disabilities who are Federal employees or applicants, or members 
of the public.

0
4. Section 1615.102 is revised to read as follows:


Sec.  1615.102  Application.

    This part applies to all programs or activities conducted by the 
Commission and to its development, procurement, maintenance, and use of 
electronic and information technology.

0
5. Section 1615.103 is amended as follows:
0
A. The definition of ``Complete complaint'' is revised.
0
B. A definition of ``Electronic and information technology'' is added.
0
C. The definition heading ``Individual with handicaps'' is removed and 
``Individual with a disability'' is added in its place.
0
D. The definition ``Qualified individual with a handicap'' is removed.
0
E. A definition of ``Qualified individual with a disability'' is added.
0
F. A definition of ``Section 508'' is added.
    The revisions and additions read as follows:


Sec.  1615.103  Definitions.

* * * * *
    Complete complaint means a written statement that contains the 
complainant's name and address and describes the Commission's actions 
in sufficient detail to inform the Commission of the nature and date of 
the alleged violation of section 504 or section 508. It shall be signed 
by the complainant or by someone authorized to do so on his or her 
behalf. Complaints filed on behalf of classes or third parties shall 
describe or identify (by name, if possible) the alleged victims of 
discrimination.
    Electronic and Information technology. Includes information 
technology and any equipment or interconnected system or subsystem of 
equipment that is used in the creation, conversion, or duplication of 
data or information. The term electronic and information technology 
includes, but is not limited to, telecommunications products (such as 
telephones), information kiosks and transaction machines, World Wide 
Web sites, multimedia, and office equipment such as copiers and fax 
machines. The term does not include any equipment that contains 
embedded information technology that is used as an integral part of the 
product, but the principal function of which is not the acquisition, 
storage, manipulation, management, movement, control, display, 
switching, interchange, transmission, or reception of data or 
information. For example, HVAC (heating, ventilation, and air 
conditioning) equipment such as thermostats or temperature control 
devices, and medical equipment where information technology is integral 
to its operation, are not information technology.
* * * * *
    Qualified individual with a disability means:
    (1) With respect to any Commission program or activity (except 
employment), an individual with a disability who, with or without 
modifications or aids required by this part, meets the essential 
eligibility requirements for participation in, or receipt of benefits 
from, that program or activity.
    (2) With respect to employment, a qualified individual with a 
disability as defined in 29 CFR 1630.2(m), which is made applicable to 
this part by Sec.  1615.140.
* * * * *
    Section 508 means section 508 of the Rehabilitation Act of 1973, 
Pub. L. 93-112, Title V, Sec.  508, as added Pub. L. 99-506, Title VI, 
Sec.  603(a), Oct. 21, 1986, 100 Stat. 1830, and amended Pub. L. 100-
630, Title II, Sec.  206(f), Nov. 7, 1988, 102 Stat. 3312; Pub. L. 102-
569, Title V, Sec.  509(a), Oct. 29, 1992, 106 Stat. 4430; Pub. L. 105-
220, Title IV, Sec.  408(b), Aug. 7, 1998, 112 Stat. 1203.


Sec.  1615.110  [Removed]

0
6. Section 1615.110 is removed and reserved.
0
7. Section 1615.135 is added to read as follows:


Sec.  1615.135  Electronic and information technology requirements.

    (a) Development, procurement, maintenance, or use of electronic and 
information technology.--When developing, procuring, maintaining, or 
using electronic and information technology, the Commission shall 
ensure, unless an undue burden would be imposed on it, that the 
electronic and information technology allows, regardless of the type of 
medium of the technology--
    (1) Individuals with disabilities who are Commission employees to 
have access to and use of information and data that is comparable to 
the access to and use of the information and data by Commission 
employees who are not individuals with disabilities; and
    (2) Individuals with disabilities who are members of the public 
seeking information or services from the Commission to have access to 
and use of information and data that is comparable to the access to and 
use of the information and data by such members of the public who are 
not individuals with disabilities.
    (b) Alternative means of access when undue burden is imposed.--When 
development, procurement, maintenance, or use of electronic and 
information technology that meets the standards published by the 
Architectural and Transportation Barriers Compliance Board at 36 CFR 
part 1194 would impose an undue burden, the Commission shall provide 
individuals with disabilities covered by this section with the 
information and data involved by an alternative means of access that 
allows the individual to use the information and data.

0
8. Section 1615.140 is revised to read as follows:


Sec.  1615.140  Employment.

    No qualified individual with a disability shall, on the basis of 
disability, be subjected to discrimination in employment under any 
program or activity conducted by the Commission. The definitions, 
requirements, and procedures of section 501 of the Rehabilitation Act 
of 1973 (29 U.S.C. 791), as established by this Commission in 29 CFR 
part 1614, shall apply to employment in federally conducted programs or 
activities. As noted in 29 CFR 1614.203(b), the standards used to 
determine whether section 501 of the Rehabilitation Act has been 
violated in a complaint alleging non-affirmative action employment 
discrimination under part 1614 shall be the standards applied under 
Title I and Title V (sections 501 through 504 and 510) of the Americans 
with Disabilities Act of 1990, as amended (42 U.S.C. 12101, 12111, 
12201) as such sections relate to employment. These standards are set 
forth in the Commission's ADA regulations at 29 CFR part 1630. If a 
section 501 complaint is filed against the Commission in the part 1614 
process and it is found to include a separate section 508 claim, the 
part 1614 process will be used to process the section 501 claim. The 
section 508 claim will be processed separately in accordance with the 
procedures set forth at Sec.  1615.170.

[[Page 39868]]

Sec.  1615.150  [Amended]

0
9. Section 1615.150(c) and (d) are removed.

0
10. Section 1615.170 is amended as follows:
0
A. Revise paragraphs (a), (b), and (c).
0
B. Revise the first sentences of paragraphs (d)(1) and (d)(2).
0
C. Revise the third and fourth sentences of paragraph (i).
0
D. Revise paragraph (j).
0
E. Revise the first sentence of paragraph (k).
0
F. Add a new paragraph (n).
    The revisions and additions read as follows:


Sec.  1615.170  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
disability in programs or activities conducted by the Commission in 
violation of section 504. This section also applies to all complaints 
alleging a violation of the agency's responsibility to procure 
electronic and information technology under section 508 whether filed 
by members of the public or EEOC employees or applicants.
    (b) The Commission shall process complaints alleging violations of 
section 504 with respect to employment according to the procedures 
established by EEOC in 29 CFR part 1614 pursuant to section 501 of the 
Rehabilitation Act of 1973 (29 U.S.C. 791). With regard to employee 
claims concerning agency procurements made in violation of section 508, 
the procedures set out in paragraphs (d) through (m) of this section 
shall be used.
    (c) Responsibility for implementation and operation of this section 
shall be vested in the Director, Office of Equal Opportunity (Director 
of OEO).
    (d) * * *
    (1) * * * Any person who believes that he or she has been subjected 
to discrimination prohibited by this part or that the agency's 
procurement of electronic and information technology has violated 
section 508, or authorized representative of such person, may file a 
complaint with the Director of OEO. * * *
    (2) * * * Complaints shall be filed with the Director of OEO within 
one hundred and eighty calendar days of the alleged acts of 
discrimination. * * *
* * * * *
    (i) * * * An appeal shall be deemed filed on the date it is 
postmarked, or, in the absence of a postmark, on the date it is 
received by the Chair at EEOC headquarters. It should be clearly marked 
``Appeal of Section 504 decision'' or ``Appeal of Section 508 
decision'' and should contain specific objections explaining why the 
person believes the initial decision was factually or legally wrong. * 
* *
    (j) Timely appeals shall be decided by the Chair of the Commission 
unless the Commission determines that an appeal raises a policy issue 
which should be addressed by the full Commission.
    (1) The Chair will draft a decision within 30 days of receipt of an 
appeal and circulate it to the Commission.
    (2) If a Commissioner believes an appeal raises a policy issue that 
should be addressed by the full Commission, he or she shall so inform 
the Chair by notice in writing within ten calendar days of the 
circulation of the draft decision on appeal.
    (3) If the Chair does not receive such written notice, the decision 
on appeal shall be issued.
    (4) If the Chair receives written notice as described in 
subparagraph (2), the Commission shall resolve the appeal through a 
vote.
    (k) The Commission shall notify the complainant of the results of 
the appeal within ninety calendar days of the receipt of the appeal 
from the complainant. * * *
* * * * *
    (n) Civil actions. The remedies, procedures, and rights set forth 
in sections 505(a)(2) and 505(b) of the Rehabilitation Act, 29 U.S.C. 
794a(a)(2) and 794a(b) shall be the remedies, procedures, and rights 
available to any individual with a disability filing a complaint under 
this section.

    Dated: July 2, 2008.
Naomi C. Earp,
Chair.
 [FR Doc. E8-15764 Filed 7-10-08; 8:45 am]
BILLING CODE 6570-01-P
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