33206 Federal R egister / V o l 49, H o . 164 / W e d n e sd a y , A u g u st 22, 1984 / R ules and R egu lation s

Packers and Stockyards

Administration

9 CFR Parts 201 and 203

Review and Consolidation;

Regulations and Policy Statements;

Registrations, Rates, Brand Inspection

and Stockyard Posting

Correction

Through an editorial error, FR Doc. 

84-21943, beginning on page 33001 in fee 

issue o f Monday, August 20,1984, 

contained an incorrect SUMMARY. The 

correct su m m a r y , together wife fee 

AGENCY, ACTION, EFFECTIV E D A TE, and

FOR FURTHER INFORMATION CONTACT

captions, reads as follows:

AGENCY: Packers and Stockyards 

Administration, U SD A 

ACTION: Final rule.

SUMMARY: This document revises and 

consolidates the regulations regarding 

registrations, rates, brand inspection 

and stockyard posting. The document 

also removes the policy statement 

regarding self-regulation by stockyard 

owners and issues a new policy 

statement with respect to packers which 

engage in the business o f operating a 

custom feedlot. These actions reduce 

reporting requirements for industry 

participants and clarify existing 

regulations.

EFFECTIV E D A TE: September 19,1984.

FOR FURTHER INFORMATION CONTACT:

Harold W . Davis, Director, Livestock 

Marketing Division, phone (2021447- 

6951,-or Kenneth Stricklin, Director, 

Packer and Poultry Division, phone (2021 

447-7363.

BILLING CODE 1505-01-*!

FEDERAL ELECTION COMMISSION

11 CFR Part 6

(Notice 1984-15]

Enforcement of Nonctfecriminatioii on

the Basis of Handicap in Federal

Election Commission Programs

AGENCY: Federal Election Commission. 

ACTION: Final rule; transmittal to 

Congress.

s u m m a r y : The Commission is 

publishing today regulations to 

implement and enforce section 504 o f 

the Rehabilitation Act of 1973, as 

amended, to prohibit discrimination on 

the basis of handicap in Commission 

programs and activities.

EFFECTIV E D ATES: Further action, 

including the announcement of an

effective date, will be taken by the 

Commission after fee regulations have 

been before Congress 30 calendar days 

in accordance wife 29 IL S.C . 794.

FOR FURTHER INFORMATION CONTACT:

M s. Susan E. Propper, Assistant General

Counsel, 1325 K Street, N W ., 

Washington, D .C . 20463 (202} 523-4143 

or (800) 424-9530. TDD (202) 523-5955. 

SUPPLEM ENTARY INFORM ATION:.

Preamble

A s amended by fee Rehabilitation, 

Comprehensive Services, and 

Developmental Disabilities 

Amendments of 1978 (Sea 119, Pub. L. 

95-602,92 Stat. 2962), section 504 of fee 

Rehabilitation Act of 1973 provides in 

pertinent part feat:

No otherwise qualified handicapped 

individual in the United States * * *

shall, solely by reason o f his handicap, 

be excluded from fee participation in, be 

denied the benefits of, or be subjected to 

discrimination under * * * any program

or activity conducted b y any Executive

agency or by the United States Postal

Service. The head o f each such agency

shall promulgate sack regulations as

m aybe necessary to carry oat the

amendments to this section made by the

Rehabilitation, Comprehensive

Services, ami Developmental

Disabilities Act o f1978.29 U .S.C . 794.

On June 27,1984, fee Commission 

published a Notice of Proposed 

Rulemaking seeking comments on 

proposed regulations to implement and 

enforce section 504 to prohibit 

discrimination on the basis of handicap 

in Commission programs and activities. 

See 49 FR 26244 (June 27,1984). These 

proposed rules were adapted from 

prototypes prepared by fee Department 

of Justice and were also based on fee 

Justice Department’s own notice o f 

proposed rulemaking, 48 FR 5996 (Dec.

16,1983), and comments filed in 

response to that notice. The comment 

period on the Commission's notice 

ended on July 27,1984. Seven comments 

were received in response to fee notice. 

The Commission is now publishing the 

text of its final rules implementing 

section 504.

W hile the comments received were, 

for the most part, favorable, some 

general objections to fee proposed Tules 

were raised. For example, two 

organizations, Paralyzed Veterans of 

America and the State of Washington 

Governor’s Committee on Employment 

of the Handicapped, objected to the fact 

that the regulations would not apply to 

the activities of candidates and 

conventions that received federal 

financing under Title 26, United States 

Code. The Commission’s proposed rules

were based on the district court'* 

determination in Paralyzed Veterans of

Am erica v. Civiletti, No. CV79-1979- 

W PG (C.D . C a., Sept. 12,1980), feat fee 

obligations of section 504 do not apply 

to presidential candidates who receive 

public funding under Title 28. Although, 

as fee commentors correctly point out, 

the Paralyzed Veterans case is still 

pending in the district court, fee 

Commission has been dismissed as a 

party to the lawsuit pursuant to fee 

aforementioned order. Therefore, the 

Commission has not expanded fee final 

rules to cover fee activities of 

candidates and conventions receiving 

federal financing. Should fee district 

court’s order be reversed, the 

Commission w ill reevaluate its section 

504 regulations.

Some of the comments also contended 

feat fee Commission's rules should be 

fee same as those governing federally 

assisted programs and activities under 

28 CFR Part 41. However, fee 

Commission notes that fee obligations of 

federal agencies and recipients of 

federal funds are not identical under 

section 504 due to differences In fee 

nature o f their respective interests and 

operations. These differences require 

variations in fee rules governing each 

area. The substantive nondiscrimination 

obligations imposed on the agency 

under fee Commission’s rules, however, 

are essentially fee same as those 

established by federal regulations for 

programs and activities receiving 

federal financial assistance. Moreover, 

in response to comments on fee Justice 

Department’s notice, fee Commission’s 

regulations conform more closely to the 

federally assisted regulations than those 

proposed by other federal agencies. See

section 6.130.

29 U .S.C . 794 requires feat copies of 

any proposed regulations under this 

section be submitted to the appropriate 

authorizing committees of Congress and 

may not take effect until thirty calendar 

days after they have been submitted to 

these committees. These regulations 

were transmitted to Congress on August 

17,1984.

Certification of No Effect Pursuant to 5 

U .S .C . 605(b) Regulatory Flexibility Art

These rules will not have a significant 

economic impact on a substantial 

number of small entities because the 

proposed regulations would impact only 

on the Commission’s own programs and 

activities, not those of regulated entities. 

Therefore, no Regulatory Flexibility 

Analysis is required.
Federal R egister / V o l. 49, N o . 164 / W e d n e sd a y , A u g u st 22, 1984 / R ules and R egulations 33207

Statement of Basis and Purpose

The final rules contain only one 

textual change from the proposed 

language published in the June notice.

The term “Commission” has been 

substituted for the term “agency”; 

throughout the text of the regulations.

This revision was made so that the 

terminology used in these rules would 

be the same as that used in other 

Commission regulations. A section-bysection analysis of the rules follows.

Section 6.101 Purpose.

Section 6.101 states the purpose of the 

rules, which is to effectuate section 119 

of the Rehabilitation, Comprehensive 

Services, and Developmental 

Disabilities Amendments of 1978, which 

amended section 504 of the 

Rehabilitation Act of 1973 to prohibit 

discrimination on the basis of handicap 

in programs or activities conducted by 

Executive agencies or the United States 

Postal Service.

Section 6.102 Application.

The regulations apply to all programs 

or activities conducted by the Federal 

Election Commission.

Section 6.103 Definitions.

(a) "Auxiliary aids.” “Auxiliary aids” 

means services, including attendant 

services, or devices that enable 

handicapped persons, including those 

with impaired sensory, manual, or 

speaking skills to have an equal 

opportunity to participate in and enjoy 

the benefits of the agency’s programs or 

activities. The definition provides 

examples of commonly used auxiliary 

aids. Although auxiliary aids are 

required explicitly only by § 0.160(a)(1), 

they may also be necessary to meet 

other requirements of the regulations.

(b) “Commission.” For purposes of 

these regulations, “Commission” means 

the Federal Election Commission, 1325 K 

Street, NW „ Washington, D .C. 20463.

(c) “Complete complaint.” The

definition of "complete complaint”

enables the agency to determine the

beginning of its obligation to investigate

a complaint (see § 6.170(b)).

(d) “Facility.” The definition of 

“facility” is similar to that in the section 

504 coordination regulation for federally 

assisted programs, 28 CFR 41.3(f), except 

that the term "rolling stock or other 

conveyances” has been added and the 

phrase ‘‘or interest in such property” has 

been deleted to clarify its coverage. The 

phrase, “or interest in such property,” 

has been deleted because the term 

“facility”, as used in this regulation 

refers to structures and not to intangible 

property rights. However, the

regulations make it clear that the term 

“facility” applies to all programs and 

activities conducted by the agency 

regardless of whether the facility is 

owned, leased, or used on some other 

basis, such as rental of conference 

facilities. The term "facility” is used in 

§ 6.150 and § 6.170(e).

(e) “Handicapped person.” The 

definition of “handicapped person” is 

identical to the definition appearing in 

the section 504 coordination regulation 

for federally assisted programs (28 CFR 

41.31).

(f) “Qualified handicapped person.” 

The definition of “qualified handicapped 

person" is a revised version of the 

definition appearing in the section 504 

coordination regulation for federally 

assisted programs (28 CFR 41.32).

Paragraph (1) deviates from existing 

regulations for federally assisted 

programs. It defines “qualified 

handicapped person” with regard to any 

program under which a person is 

réquired to perform services or to 

achieve a level of accomplishment. In 

such programs, a qualified handicapped 

person is one who, with reasonable 

accommodation, can achieve the 

purpose of the program. This definition 

deviates from that contained in the 

Department of Justice’s notice of 

proposed rulemaking and the 

prototypes. The definitions proposed in 

those documents incorporated language 

from the Supreme Court’s decision in 

Southeastern Community College v. 

D avis, 442 U .S. 397 (1979). Under the 

Justice Department’s proposed rules, a 

"qualified handicapped person” would 

be defined as one “who can achieve the 

purpose of the program without

m odifications in the program that would

result in a fundamental alteration in its

nature. " Numerous comments objecting 

to the underscored language in the 

proposed definition were received in 

response to the notice. These comments 

pointed out that the proposed rules 

combined what should be a two-step 

inquiry into a one-step process that 

could work to the detriment of 

handicapped individuals. The 

Commission believes that the issue of 

whether a handicapped person is 

“qualified” should be separate from an 

inquiry into what type of 

accommodation or modification, if any, 

is needed for the person to participate in 

a particular program. Therefore, the 

Commission has not included \hè D avis

language in its proposed definition of 

“qualified handicapped person” .

For programs or activities that do not 

fall under the first paragraph, paragraph 

(2) adopts the existing definition of 

"qualified handicapped person” with 

respect to services in the coordination

regulation for programs receiving 

Federal financial assistance (28 CFR 

41.32(b)). Under this definition, a 

qualified handicapped person is a 

handicapped person who meets the 

essential eligibility requirements for 

participation in thé program or activity.

(g) “Section 504.” This definition 

makes clear that, as used in these 

regulations, "section 504” applies only to 

programs or activities conducted by the %

agency and not to programs or activities 

to which it provides Federal financial 

assistance.

Section 6.110 Evaluation.

The agency will conduct an 

evaluation of its compliance with 

section 504 within One year of the 

effective date of these regulations. The 

process will include consultation with 

interested persons, including 

consultation with handicapped persons 

or organizations representing 

handicapped persons. The evaluation 

requirement is present in the existing 

section 504 coordination regulation for 

programs or activities receiving Federal 

financial assistance. (28 CFR 41.5(b)(2)). 

Experience has demonstrated the 

evaluation process to be a valuable 

means of establishing a working 

relationship with handicapped persons 

that promotes both effective and 

efficient implementation of section 504. 

The Commission has not completed its 

study of whether the Federal Advisory 

Committee A ct, 5 U .S.C . App. I, applies 

to this consultation requirement. The 

Commission will make its decision on 

this issue public at a later date.

The rules contain specific criteria for 

conducting the agency evaluation. 

Section 6.110(a) provides that the 

evaluation will include a determination 

of whether the agency’s policies and 

practices meet the requirements of 

section 504 and whether modification of 

any such policies and practices is 

required. If modification of any policy or 

practice is found to be required as a 

result of this evaluation, the agency is 

required to proceed to make the 

necessary modifications. Following the 

completion of the evaluation, under 

section 6.110(b), the agency is required 

to keep on file and make available for 

public inspection, for at least three 

years, the following information: (1) A 

list of interested persons consulted; (2) a 

description of areas examined and any 

problems identified; and (3) a 

description of any modifications made.

Section 6.111 Notice.

Section 6.111 requires the agency to 

disseminate sufficient information to 

employees, applicants, participants,
33208 Federal R egister / V o L 49, H o . 164 / W e d n e sd a y , A u g u st 22, 1984 / R ules an d R egu lation s

beneficiaries, and other interested 

persons to apprise them of the rights and 

protections afforded by section 504 and 

the proposed regulations. Methods of 

providing this information include, for 

example, die publication o f information 

in handbooks, manuals and pamphlets 

that describe the agency's programs and 

activities; the display of informative 

posters in service centers and other 

public places; or die broadcast o f 

information by television or radio.

Section 6. ISO General prohibitions

against discrimination.

Section 8.130 is an adaptation .of the 

corresponding section of the section 504 

coordination regulation for programs or 

activities receiving Federal financial 

assistance f 28 CFR 41.51).

Paragraph (a) restates the

nondiscrhninafion mandate of section

504. The remaining paragraphs in f 6.130 

establish the general principles for

analyzing whether any particular action

of the agency violates this mandate.

These principles serve as the analytical

foundation for the remaining sections o f

the regulation. Whenever the agency has

violated a provision in any of the

subsequent sections, it has also violated

one of die general prohibitions found in

S 6.130. When there is no applicable

Subsequent provision, the general

prohibitions stated in this section apply.

Paragraph (b) prohibits overt denials 

of equal trea tment of handicapped 

persons. The agency may not refuse to 

provide a handicapped person with an 

equal opportunity to participate in or 

benefit from its program simply because 

the person is handicapped. Such 

blatantly exclusionary practices often 

result from the use of irrebuttable 

presumptions that absolutely exclude 

certain classes o f disabled persons {e.g.,

epileptics, hearing-impaired persona, 

persons with heart ailments) from 

participation in programs or activities 

without regard to an individual's actual 

ability to participate. Use o f an 

irrebuttable presumption is permissible 

only when in all cases a physical 

condition by its very nature would 

prevent an individual from meeting the 

essential eligibility requirements for 

participation in the activity in question.

Section 504, however, prohibits more 

than just obvious denials o f equal 

treatment It is not enough to admit 

persons in wheelchairs to a program if 

the facilities in which the program Is 

conducted are inaccessible. Paragraph 

(b)(l)(tii), therefore, requires that the 

opportunity to participate or benefit 

accorded to a handicapped person be as 

effective as that afford«! to others. The 

later sections on program accessibility 

(§5 6.150-6.151) and communications

(8 6,160) are specific applications of this 

principle.

Despite the mandate o f paragraph (d) 

that the agency administer its programs 

and activities in the most integrated 

setting appropriate to the needs of 

qualified handicapped persons, 

paragraph (b)(l)(iv), in conjunction with 

paragraph (d), permits the agency to 

develop separate or different aids, 

benefits, or services when necessary to 

provide handicapped persons with an 

equal opportunity to participate in or 

benefit from the agency’s programs or 

activities. Paragraph {bM lIiv) requires 

that different or separate aids, benefits, 

or services be provided only when 

necessary to ensure that the aids, 

benefits, or services are as effective as 

those provided to others. Even when 

separate or different aids, benefits, or 

services would be more effective, 

paragraph (b)(2) provides that a 

qualified handicapped person still has 

the right to choose to participate in foe 

program that is not designed to 

accommodate handicapped persons.

Paragraph (b){l)(v) was added in 

response to comments on the 

Department of Justice’s notice of 

proposed rulemaking. It incorporates a 

provision from the regulations for 

federally-assisted programs (28 CFR 

41.51(b)(l)(v) to prohibit the agency from 

aiding or perpetuating discrimination 

against a qualified handicapped person 

by providing significant assistance to an 

agency, organization or person, except 

candidates or conventions receiving 

public financing under Title 28, United 

States Code, that discriminates on the 

basis o f handicap in providing any aid, 

benefit or service to beneficiaries o f the 

recipient's program.

Paragraph {b)(l)(vi) prohibits the 

agency from denying a qualified 

handicapped person the opportunity to 

participate as a member of a planning or 

advisory board.

Paragraph fb jiljfvi) prohibits the 

agency from limiting a qualified 

handicapped person in the enjoyment o f 

any right, privilege, advantage, or 

opportunity enjoyed by others receiving 

any aid, benefit, or service.

Paragraph (b)(3) prohibits tire agency 

from utilizing criteria or methods of 

administration that deny handicapped 

persons access to the agency’s programs 

or activities. The phrase “criteria or 

methods o f administration” refers to 

official written agency policies and the 

actual practices o f the agency. This 

paragraph prohibits both blatantly 

exclusionary policies or practices and 

nonessential policies and practices that 

are neutral on their face, but deny 

handicapped persons an effective 

opportunity to participate. Paragraph

(b)(3)(iii) was taken from the regulations 

governing federally-assisted programs 

(28 CFR 41.51(b)[3)(iii)) in response to 

comments on the Justice Department’s 

notice. It prohibits the agency from 

utilizing criteria or methods of 

administration that would have the 

purpose or effect of perpetuating the 

discrimination of another agency.

Paragraph (b)(4) specifically applies 

the prohibition enunciated in 

§ 6.180(b)(3) to the process of selecting 

sites for construction of new facilities or 

existing facilities to be used by the 

agency, Paragraph (b)(4) does not apply 

to construction of additional buildings at 

&n existing site.

Paragraph (b)(5) prohibits the agency 

from using criteria for the selection of 

procurement contractors that subject 

qualified handicapped persons to 

discrimination on the basis o f handicap.

Paragraph (b)(6) prohibits the agency 

from discriminating against qualified 

handicapped persons on the basis of 

handicap in the granting of a 

certification. A person is a “qualified 

handicapped person” with respect to 

certification, if he or she can meet the 

essential eligibility requirements for 

receiving the certification (see 8 6.103).

In addition, the agency may not

establish requirements for the programs

or activities o f certified entities that

subject qualified handicapped persons

to discrimination on the basis of

handicap. The agency must ensure that

standards that it promulgates do not

discriminate against the employment of

qualified handicapped persons in an

impermissible manner.

This section applies to the 

Commission’s certification of 

presidential candidates eligible to 

receive public funding under the 

Presidential Election Campaign Fund 

A ct, 26 U .S.C . 9001-9013, and the 

Presidential Primary Matching Payment 

Account A c t 26 U .S.C . 9031-9042. The 

rules were included even though there is 

little opportunity for discriminatory 

treatment since public financing is 

granted according to automatic formulas 

on either a matching basis or a cent-pervote basis. See S . Rep. No. 689, 93rd 

Cong., 2d Sess. 9-10 (1974).

Paragraph (b)(6) does n o t however,

extend section 504 directly to the

programs or activities of certified

entities themselves (Le* the presidential

candidates). The program or activities of

Federal certified entities are not

themselves federally conducted

programs or activities nor are they

programs or activities receiving Federal

financial assistance merely by virtue of

the Federal certificate. This is consistent

with the district court's determination in
Fed eral R egister / V o l. 49, N o , 164 / W e d n e sd a y , A u g u st 22, 1984 / R ules and R egu lation s 33209

Paralyzed Veterans o f Am erica v. 

Civiletti, No. CY79-1979-WPG (C.D. C a.. 

Sept. 12,1980), that the obligations of 

section 504 do not apply to presidential 

candidates who receive public funding 

under the A ct. However, as noted 

above, section 504 may affect the 

content of the rules established by the 

agency for the operation of the program 

or activity of the certified entity, and 

thereby indirectly affect limited aspects 

of their operations.

Paragraphic) provides that programs 

conducted pursuant to Federal statute or 

Executive order that are designed to 

benefit only handicapped persons or a 

given class of handicapped persons may 

be limited to those handicapped 

persons.

Section 6.140 Employment.

Section 8.140 prohibits discrimination 

on the basis of handicap in employment 

by Executive agencies. This regulation is 

in accord with a recent decision o f the 

Fifth Circuit that holds that despite the 

resulting overlap of coverage with 

section 501 of the Rehabilitation A ct of 

1973, as amended (29 U .S .C . 791), 

Congress intended section 504 to cover 

the employment practices of Executive 

agencies. The Court also held that in 

order to give effect to both section 504 

and section 501, the administrative 

procedures of section 501 must be 

followed in processing section 504 

complaints. Prewitt v. United States

Postal Service, 862 F.2d 292 (Sth Cir. 

1981).

Consistent with that decision, this 

section provides that the standards, 

requirements, and procedures of section 

501 of tiie Rehabilitation A ct, as 

established in the regulations of the 

Equal Employment Opportunity 

Commission (EEOC) at 29 CFR Part 

1813, will be those applicable to 

employment in federally conducted 

programs or activities. In addition to this 

section, J 6.170(b) specifies that the 

agency will use the existing EEOC 

procedures to resolve allegations of 

employment discrimination. 

Responsibility for coordinating 

enforcement of Federal laws prohibiting 

discrimination in employment is 

assigned to the EEOC by Executive 

Order 12067 (3 CFR, 1979 Comp., p. 206). 

Under this authority, the EEOC 

establishes government-wide standards 

on nondiscrimination in employment on 

the basis of handicap.

Section 6.149 Program accessibility:

Discrimination prohibited.

Section 6.149 states the general 

nondiscrimination principles underlying 

the program accessibility requirements 

°f §§6.150 and 6.151.

Section 6.150 Program accessibility; 

Existing facilities.

This section adopts the program 

accessibility concept found in the 

existing section 504 coordination 

regulation for programs or activities 

receiving Federal financial assistance 

programs (28 CFR 41.56-41.58) with 

certain modifications. Thus, § 6.150 

requires that the agency’s program or 

activity, when viewed in its entirety, be 

readily accessible to and usable by 

handicapped persons. The regulations 

also make clear that the agency is not 

required to make each o f its existing 

facilities accessible (.§ 6.159(a)(1)). 

However, § 6.150, unlike 28 CFR 41.56- 

41.57, places explicit lim its on the 

agency’s obligation to ensure program 

accessibility (§ 6.150(a)(2)).

Paragraph (a)(2) provides that in 

meeting the program accessibility 

requirement the agency is not required 

to take any action that would result hi a 

fundamental alteration in the nature of 

its program or activity or in undue 

financial and administrative burdens. A

similar limitation is provided in 

§ 6.160(e). Several comments on the 

Commission’s notice objected to the 

inclusion o f these provisions. The 

Commission has decided to retain 

§ 6.150(a)(2) and § 6.160(e) in its final 

rules, however, because it is a fair 

codification of the Supreme Court’s 

holding in Southeastern Community

College v. Davis, 442 U .S. 397 (1979). In 

Davis, the Court found that section 504 

does not require program modifications 

that result in a fundamental alteration In 

the na ture of a program, and that section 

504 does not require modifications that 

would result in “undue financial and 

administrative burdens.” 442 U .S. at 412. 

Since Davis, circuit courts have applied 

this limitation on a showing that only 

one of the two “undue burdens” would 

be created as a result of the 

modification sought to be imposed under 

section 504. See, e.g., Dopico v. 

Coldschmidt, 687 F.2d 644 (2d C ir. 1962): 

American Public Transit Association v. 

Lewis {APTA), 655 F.2d 1272 (D .C. O r. 

1981). Thus, in APT A the United States 

Court of Appeals for the District of 

Columbia Circuit applied the Davis

language and invalidated the section 504 

regulations of the Department of 

Transportation. The court in APT A

noted “that at some point a transit 

system’s refusal to take m odest 

affirmative steps to accommodate 

handicapped persons might well violate 

section 504. But D O T s rules do not 

mandate only modest expenditures. The 

regulations require extensive 

modifications of existing systems and 

impose extremely heavy financial

burdens on local transit authorities.” 855 

F.2d at 1278.

The inclusion of paragraph (a)(2) is an 

effort to conform the agency’s 

regulations implementing section 504 to 

the Supreme Court’s interpretation of 

the statute ha D avis, as well as to the 

decisions o f lower courts following the 

D avis opinion. This paragraph 

acknowledges, in light of recent case 

law, that in some situations, certain 

accommodations for a handicapped 

person may so alter an agency’s 

program or activity, or entail such 

extensive costs or administrative 

burdens, that the refusal to undertake 

the accommodations is not 

discriminatory. Thus, paragraph (a)(2) 

clarifies the factors the Commission wifi 

consider in determining what constitutes 

a “reasonable accommodation" under 

these regulations.

Moreover, the Commission notes that

this paragraph does not establish an

absolute defense; it does not relieve the

agency o f all obligations to handicapped

persons. Although the agency is not

required to take actions that would

result in a fundamental alteration in the

nature o f a program or activity or in

undue financial and administrative

burdens, it nevertheless must take any

otter steps necessary to ensure that

handicapped persons receive the

benefits and services o f the federally

conducted program or activity. Inclusion

of this paragraph would also not prevent

the Commission from making necessary

mortifications in stages when to do so all

at once would result in extensi ve

financial or administrative burdens.

The Commission expects that 

compliance with § 6.150(a) would in 

most cases not result in undue financial 

and administrative burdens on the 

agency. In determining whether 

financial and administrative burdens are 

undue, all agency resources available 

for use in the funding and operation of 

the conducted program or activity will 

be considered. Under the rules, the 

burden of proving that compliance with 

§ 6.150(a) would fundamentally alter the 

nature o f a program or activity or would 

result in undue financial and 

administrative burdens rests with the 

agency. The decision that compliance 

would result in such alteration or 

burdens must be made by majority vote 

of the Commission accompanied by a 

written statement of the reasons for 

reaching that conclusion. Any person 

who believes that he or she or any 

specific class of persons has been 

injured by die agency's decision or 

failure to make a decision may file a 

complaint under the compliance 

procedures established in § 6.170.
33210 Federal R egister / V o l. 49, N o . 164 / W e d n e sd a y , A u g u st 22, 1984 / R ules and R egu lation s

Paragraph (b) sets forth a number of 

means by which program accessibility 

may be achieved, including redesign of 

equipment, reassignment of services to 

accessible buildings, and provision of 

aides. In choosing among methods, the 

agency will give priority consideration 

to those that will be consistent with 

provision of services in the most 

integrated setting appropriate to the 

needs of handicapped persons. 

Structural changes in exising facilities 

are required only when there is no other 

feasible way to make the agency’s 

program accessible. The agency may 

comply with the program accessibility 

requirement by delivering services at 

alternate accessible sites or making 

home visits as appropriate.

Paragraphs (c) and (d) establish time 

periods for complying with the program 

accessibility requirement. A s currently 

required for federally assisted programs 

by 28 CFR 41.57(b), the agency must 

make any necessary structural changes 

in facilities as soon as practicable, but 

in no event later than three years after 

the effective date of these regulations. 

Where structural modifications are 

required, a transition plan w ill be 

developed within six months of the 

effective date of the regulations. Aside 

from structural changes, all other 

necessary steps to achieve compliance 

shall be taken within sixty days.

Section 6.150(d) requires that the 

agency consult with interested persons, 

including handicapped persons and 

organizations representing handicapped 

persons, in developing a transition plan 

for structural changes. The Commission 

has not completed its study of whether 

the Federal Advisory Committee Act 

applies to this consultation requirement. 

If it is necessary to formulate a 

transition plan, the Commission will 

make a determination regarding its 

applicability at that time.

Section 6.151 Program accessibility:

New construction and alterations.

Overlapping coverage exists with 

respect to new construction under 

section 504, section 502 of the 

Rehabilitation Act of 1973, as amended 

(29 U .S.C . 792), and the Architectural 

Barriers Act of 1968, as amended (42 

U .S.C . 4151-4157). Section 6.151 provides 

that those buildings that are constructed 

or altered by, on behalf of, or for the use 

of the agency shall be designed 

constructed, or altered to be readily 

accessible to and usable by 

handicapped persons in accordance 

with 41 CFR 101-19.600 to 101-19.607. 

This standard was promulgated 

pursuant to the Architectural Barriers 

Act of 1968, as amended (42 U .S.C . 4151- 

4157). Because new and altered

buildings subject to this regulation are 

also subject to the Architectural Barriers 

A ct, the proposed rules would adopt the 

existing Architectural Barriers Act 

standard for section 504 compliance. 

Adoption of this standard will avoid 

duplicative and possibly inconsistent 

standards.

Existing buildings leased by the 

agency after the effective date of the 

regulations are not required to meet the 

new construction standard. They are 

subject, however, to the requirements of 

§6.150.

Section 6.160 Communications.

Section 6.160 requires the agency to 

take appropriate steps to ensure, 

effective communication with personnel 

of other Federal entities, applicants, 

participants, and members of the public. 

These steps will include procedures for 

determining when auxiliary aids are 

necessary under § 6.160(a)(1) to afford a 

handicapped person an equal 

opportunity to participate in, and enjoy 

the benefits of, the agency’s program or 

activity. They will also include an 

opportunity for handicapped persons to 

request the auxiliary aids of their 

choice. This expressed choice will be 

given primary consideration by the 

agency (§ 6.160). The agency will honor 

the choice unless it can demonstrate 

that another effective means of 

communication exists or that use of the 

means chosen would not be required 

under § 6.160(e). That paragraph limits 

the obligation of the agency to ensure 

effective communication in accordance 

with Davis and the circuit court 

opinions interpreting it (see supra

preamble § 6.150(a)(2)). Unless not 

required by § 6.160(e), the agency will 

provide auxiliary aids at no cost to the 

handicapped person.

A s under § 6.150, the Commission 

need not take any action that it can 

demonstrate would result in a 

fundamental alteration in the nature of a 

program or activity or in undue financial 

and administrative burdens. The 

Commission expects that compliance 

with § 6.160 would in most cases not 

result in undue financial and 

administrative burdens' on the agency.

In determining whether financial and 

administrative burdens are undue, all 

agency resources available for use in the 

funding and operation of the conducted 

program or activity will be considered. 

Under the rules, the burden of proving 

that compliance with § 6.160 would 

fundamentally alter the nature of a 

program or activity or would result in 

undue financial and administrative 

burdens rests with the agency. The 

decision that compliance would result in 

such alteration or burdens must be

made by majority vote of the 

Commission accompanied by a written 

statement of the reasons for reaching 

that conclusion. Any person who 

believes that he or she or any specific 

class of persons has been injured by the 

agency’s decision or failure to make a 

decision may file a complaint under the 

compliance procedures established in 

§6.170.

In some circumstances, a notepad and 

written materials may be sufficient to 

permit effective communication with a 

hearing-impaired person. In many 

circumstances, however, they may not 

be, particularly where the hearingimpaired applicant or participant is not 

skilled in spoken or written language. 

Then, a sign language interpreter may be 

appropriate. For vision-impaired 

persons, effective communication might 

be achieved by several means, including 

readers and audio recordings. In 

general, the agency will make clear to 

the public: (1) The communications 

services it offers to afford handicapped 

persons an equal opportunity to 

participate in or benefit from its 

programs or activities, (2) the 

opportunity to request a particular mode 

of communication, and (3) the agency’s 

preferences regarding auxiliary aids if it 

can demonstrate that several different 

modes are effective.

The agency will ensure effective 

communication with vision-impaired 

and hearing-impaired persons involved 

in hearings conducted by the agency. 

Auxiliary aids must be afforded where 

necessary to ensure effective 

communication at the proceedings. If 

sign language interpreters are necessary, 

the agency may require that it be given 

reasonable notice prior to the 

proceeding of the need for an 

interpreter. Moreover, the agency need 

not provide individually prescribed 

devices, readers for personal use or 

study, or other devices of a personal 

nature. § 6.160(a)(l)(ii). For example, the 

agency need not provide wheelchairs, 

eye glasses, or hearing aids to 

applicants or participants in its 

programs.

Paragraph (b) requires the agency to 

provide information to handicapped 

persons concerning accessible services, 

activities, and facilities. Paragraph (c) 

requires the agency to provide signage 

at inaccessible facilities that directs 

users to locations with information 

about accessible facilities.

Paragraph (d) requires the agency to 

take appropriate steps to provide 

handicapped persons with information 

that is disseminated under § 6.111 

regarding section 504 rights and 

protections.
Federal R egister / V o L 49, N o . 164 / W e d n e sd a y , A u g u st 22, 1984 / R ules an d R egu lation s 33211

Section 6.170 Compliance procedures.

Paragraph (a) specifies that 

paragraphs (c) through (!) of this section 

establish the procedures for processing 

complaints other than employment 

complaints.

Paragraph (b) provides that die 

agency will process employment 

complaints according to existing 

regulations of the EEOC (29 CFR Part 

1613) pursuant to section 301 of die 

Rehabilitation A ct of 1973, as amended 

(29 U .S.C . 791).

The agency will designate an o fficial 

the Rehabilitation A ct Officer, who will 

be responsible, for coordinating 

implementation of this section 

(§ 6.170(c)).

Under § 6.170(d), any person who 

believes that he or she or a specific 

class of persons of which he or she is a 

member has been discriminated against 

may file a complaint within 180 days 

from the date of the alleged 

discrimination. The regulations also 

provide that any person who believes 

that a denial o f his or her services will 

result or has resulted in discrimination 

prohibited by section 504 may file a 

complaint under this part. This provision 

was included based on comments on the 

Department of Justice's notice, as well 

as the facts in United Slates v. Baylor

Medical Center, 564 F.Supp. 1495 (N.D. 

Tex. 1983). In that case, an interpreter 

was permitted to file a section 504 

complaint on his own behalf when he 

was denied admission to a hospital to 

provide assistance to a hearing-impaired 

person undergoing surgery, The agency 

may extend the time limit when the 

complainant shows good cause. Good 

cause could be found if, for example, (1) 

the complainant could not reasonably 

be expected to know of the act or event 

said to be discriminatory; or (2) die 

complainant mistakenly filed with die 

wrong agency and was not informed of 

the mistake within the 180 days.

Paragraph (e) requires the agency to 

notify the Architectural and 

Transportation Barriers Compliance 

Board upon receipt of a complaint 

alleging that a building or facility 

subject to the Architectural Barriers Act 

or section 502 was designed, 

constructed, or altered in a manner that 

does not provide ready access and use 

to handicapped persons.

The agency is required to accept and 

investigate all complete complaints 

(§ 6.170(f)(1)). if it determines that it 

does not have jurisdiction over a 

complaint, it shall promptly notify the 

complainant and make reasonable 

efforts to refer the complaint to the 

appropriate entity of the Federal 

government (§ 6.170(f)(3)). if a complaint

is not complete when it is filed, die 

agency will notify die complainant 

within 30 days that additional 

information is needed. The complainant 

must furnish toe necessary information 

within 30 days o f receipt of toe notice, or 

the complaint will be dismissed without 

prejudice.

Paragraph (g) requires the agency to 

provide to the complainant, In writing, 

findings of fa d and conclusions of law , 

the relief granted in noncompliance is 

found, and notice of the right to appeal. 

One appeal within the agency will be 

provided (§ 6.170(h)), The appeal will 

not be heard by toe same person who 

made toe initial determination of 

compliance or noncompliance, A

provision in toe prototype that would 

have authorized toe Assistant Attorney 

General for Civil Rights to grant toe 

agency an extension o f time in which to 

respond to a complaint or appeal under 

section 504 was not included in the 

rules. This proposed oversight role is not 

statutorily required.

Paragraph (1) permits toe agency to

delegate its authority for investigating

complaints to other Federal agencies.

However, the statutory obligation of toe

agency to make a final determination of

compliance or noncompliance may not

be delegated.

List o f Subjects in 11 C F R Part 6

Blind, Civil righto, Deaf, Disabled,

Discrimination against handicapped,

Equal employment opportunity, Federal

buildings and facilities, Handicapped

Nondiscrimination, Physically

handicapped.

For the reasons set forth in the

preamble, Chapter I, title 11 o f toe C o d s

of Federal Regulations is proposed to be

amended b y adding new Part 8 as

follows;

PART 6—ENFORCEMENT OF

NONDISCRIMINATION ON THE BASIS

OF HANDICAP IN PROGRAMS OR

ACTIVITIES CONDUCTED BY THE

FEDERAL ELECTION COMMISSION

Sec.

6.101 Purpose.

6.102 Application.

6.103 Definitions.

6.104-6.109 (Reserved).

6.110 Evaluation.

6.111 Notice.

6.112-6.129 (Reserved),

6.130 General prohibitions against

discrimination.

6.131-6.139 [Reserved].

6.140 Employment.

6.141-6.148 (Reserved).

6.149 Program accessibility: Discrimination

prohibited.

6.150 Program accessibility: Existing

facilities.

Sec.

6.151 Program accessibility: New

construction and alterations.

6.152-6.159 (Reserved).

6.160 Communications.

6.161-6.169 (Reserved).

6.170 Compliance procedures.

6.171-6.999 [Reserved].

Authority: 291/-S.C. 794.

§6.101 Purpose.

The purpose of this pari is to 

effectuate section 119 of toe 

Rehabilitation, Comprehensive Services, 

and Developmental Disabilities 

Amendments o f1978, which amended 

section 504 o f the Rehabilitation A ct of 

1973 to prohibit discrimination on toe 

basis of handicap in programs or 

activities conducted by Executive 

agencies or the United States Postal 

Service,

§ 6.102 Application.

H us pari applies to all programs or 

activities conducted by toe Commission.

§ 6.103 Definitions.

For purposes o f this part, the term—

(a) “Auxiliary aids” means services, 

including attendant services, or devices 

that enable handicapped persons, 

including those with impaired sensory, 

manual, or speaking skills to have an 

equal opportunity to participate in, and 

enjoy toe benefits of, programs or * 

activities conducted by toe Commission. 

For example, auxiliary aids useful for 

persons with impaired vision include 

readers, Brailled materials, audio 

recordings, and other similar services 

and devices. Auxiliary aids useful for 

persons with impaired hearing include 

telephone handset amplifiers, 

telephones compatible with hearing 

aids, telecommunication devices for 

deaf persons (TDD's), interpreters, 

notetakers, written materials, and other 

similar services and devices. Although 

auxiliary aids are explicitly required 

only by 11 CFR 6.160(a)(1), they may 

also be used to meet other requirements 

of this part.

(b) “Commission" means toe Federal 

Election Commission, 1325 K Street, 

NW „ Washington, D .C. 20463.

fc) “ Complete complaint” means a 

written statement that contains toe 

complainant's name and address and 

describes the Commission’s actions in 

sufficient detail to inform toe 

Commission of toe nature and date of 

the alleged violation of section 504. 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.
33212 Federal Register / V o l. 49, N o . 164 / W e d n e sd a y , A u g u st 22, 1984 / R ules a n d ;R e gu la tio n s

(d) “Facility” means all or any portion 

of buildings, structures, equipment, 

roads, walks, parking lots, rolling stock 

or other conveyances, or other real or 

personal property whether owned, 

leased or used on some other basis by 

the Commission.

(e) “Handicapped person” means any 

person who has a physical or mental 

impairment that substantially limits one 

or more major life activities, has a 

record of such an impairment, or is 

regarded as having such an impairment. 

As used in this definition, the phrasé:

(1) “Physical or mental impairment” 

includes—

(1) Any physiological disorder or 

condition, cosmetic disfigurement, or 

anatomical loss affecting one or more of 

the following body systems: 

Neurological; musculoskeletal; special 

sense organs; respiratory, including 

speech organs; cardiovascular; 

reproductive; digestive; genitourinary; 

hemic and lymphatic; skin; and 

endocrine; or

(ii) Any mental or psychological 

disorder, such as mental retardation, 

organic brain syndrome, emotional or 

mental illness, and specific learning 

disabilities. The term “physical or 

mental impairment” includes, but is not 

limited to, such diseases and conditions 

as orthopedic, visual, speech, and 

hearing impairments, cerebral palsy, 

epilepsy, muscular dystrophy, multiple 

sclerosis, cancer, heart disease, 

diabetes, mental retardation, emotional 

illness, drug addiction, and alcoholism.

(2) “Major life activities” includes 

functions such as caring for one’s self, 

performing manual tasks, walking, 

seeing, hearing, speaking, breathing, 

learning, and working.

(3) “Has a record of such an 

impairment” means has a history of, or 

has been misclassified as having, a 

mental or physical impairment that 

substantially limits one or more major 

life activities.

(4) “Is regarded as having an 

impairment” means—

(i) Has a physical or mental 

impairment that does not substantially 

limit major life activities but is treated 

by the Commission as constituting such 

a limitation;

(ii) Has a physical or mental 

impairment that substantially limits 

major life activities only as a result of 

the attitudes of others toward such 

impairment; or

(iii) Has none of the impairments 

defined in 11 CFR 6.103(e)(1) but is 

treated by the agency as having such an 

impairment.

(f) “ Qualified handicapped person”

means—

(1) With respect to any Commission 

program or activity under which a 

person is required to perform services or 

to achieve a level of accomplishment, a 

handicapped person who, with 

reasonable accommodation, meets the 

essential eligibility requirements and 

who can achieve the purpose of the 

program or activity; and

(2) With respect to any other program 

or activity, a handicapped person who 

meets the essential eligibility 

requirements for participation in, or 

receipt of benefits from, that program or 

activity.

(g) “Section 504” means section 504 of 

the Rehabilitation Act of 1973 (Pub. L. 

93-112, 87 Stat. 394 (29 U .S.C . 794)), as 

amended by the Rehabilitation Act 

Amendments of 1974 (Pub. L. 93-516, 88 

Stat. 1617), and the Rehabilitation, 

Comprehensive Services, and 

Developmental Disabilities Act of 1978 

(Pub. L. 95-602, 92 Stat. 2955). As used in 

this part, section 504 applies only to 

programs or activities conducted by the 

Commission and not to any federally 

assisted programs or activities that it 

administers.

§§6.104-6.109 [Reserved]

§6.110 Evaluation.

(a) Within one year of the effective 

date of this part, die Commission will 

conduct, with the assistance of 

interested persons, including 

handicapped persons and organizations 

representing handicapped persons, and 

evaluation of its compliance with 

section 504. This evaluation will include 

a determination of whether the 

Commission’s policies and practices, 

and the effects thereof, meet the 

requirements of this part and whether 

modification of any such policies or 

practices is required to comply with 

section 504. If modification of any policy 

or practice is found to be required as a 

result of this evaluation, the 

Commission will proceed to make the 

necessary modifications.

(b) For at least three years followings 

completion of the evaluation required 

under paragraph (a), the Commission 

will maintain on file and make available 

for public inspection:

(1) A list of the interested persons 

consulted;

(2) A description of areas examined 

and any problems identified; and

(3) A description of any modifications 

made.

§6.111 Notice.

The Commission will make available 

to employees, applicants, participants, 

beneficiaries, and other interested 

persons information regarding the

provisions of this part and its 

applicability to the programs or 

activities conducted by the Commission. 

The Commission will make such 

information available to them in a 

manner it finds necessary to effectively 

apprise such persons of the protections 

against discrimination assured them by 

section 504 and the provisions of this 

part.

§§ 6*112-6.129 [Reserved]

§ 6.130 General prohibitions against

discrimination.

(a) No qualified handicapped person 

shall, on the basis of handicap, be 

excluded from participation in, be 

denied the benefits of, or otherwise be 

subjected to discrimination under any 

program or activity conducted by the 

Commission.

(b) (1) The Commission, in providing 

any aid, benefit, or service, may not, 

directly or through contractual, 

licensing, or other arrangements, on the 

basis of handicap—

(i) Deny a qualified handicapped 

person the opportunity to participate in 

or benefit from the aid, benefit, or 

service;

(ii) Afford a qualified handicapped 

person an opportunity to participate in 

or benefit from the aid, benefit, or 

service that is not equal to that afforded 

others;

(iii) Provide a qualified handicapped 

person with an aid, benefit, or service 

that is not as effective in affording equal 

opportunity to obtain the same result, to 

gain the same benefit, or to reach the 

same level of achievement as that 

provided to others;

(iv) Provide different or separate aids, 

benefits, or services to handicapped 

persons or to any class of handicapped 

persons than is provided to others 

unless such action is necessary to 

provide qualified handicapped persons 

with aids, benefits, or services that are 

as effective as those provided to others;

(v) Aid or perpetuate discrimination 

against a qualified handicapped person 

by providing significant assistance to an 

agency, organization, or person that 

discriminates on the basis of handicap 

in providing any aid, benefit, or service 

to beneficiaries of the recipient’s 

program, except that this paragraph 

does not apply to candidates or 

conventions receiving public financing 

under Title 26, United States Code;

(vi) Deny a qualified handicapped 

person the opportunity to participate as 

a member of planning or advisory 

boards; or

(vii) Otherwise limit a qualified 

handicapped person in the enjoyment of
Federal R egister / V o l. 49, N o . 164 / W e d n e sd a y , A u g u st 22, 1984 / R ules and R egulations 33213

any right, privilege, advantage, or 

opportunity enjoyed by others receiving 

the aid, benefit, or service.

(2) The Commission may not deny a 

qualified handicapped person the 

opportunity to participate in programs or 

activities that are not separate or 

different, despite the existence of 

permissibly separate or different 

programs or activities.

(3) The Commission may not, directly 

or through contractual or other 

arrangements, utilize criteria or methods 

of administration the purpose or effect 

of which would—

(i) Subject qualified handicapped 

persons to discrimination on the basis of 

handicap;

(ii) Defeat or substantially impair 

accomplishment of the objectives of a 

program or activity with respect to 

handicapped persons; or

(iii) Perpetuate the discrimination of 

another agency.

(4) The Commission may not, in 

determining the site or location of a 

facility, make selections the purpose or 

effect of which would—

(i) Exclude handicapped persons from, 

deny them the benefits of, or otherwise 

subject them to discrimination under 

any program or activity conducted by 

the Commission; or

(ii) Defeat or substantially impair the 

accomplishment of the objectives of a 

program or activity with respect to 

handicapped persons.

(5) The Commission, in the selection 

of procurement contractors, may not use 

criteria that subject qualified 

handicapped persons to discrimination 

on the basis of handicap.

(6) The Commission may not 

administer a certification program in a 

manner that subjects qualified 

handicapped persons to discrimination 

on the basis of handicap, nor may the 

Commission establish requirements for 

the programs or activities of certified 

entities that subject qualified 

handicapped persons to discrimination 

on the basis of handicap. However, the 

programs or activities of entities that are 

certified by the Commission are not, 

themselves, covered by this part.

(c) The exclusion of nonhandicapped 

persons from the benefits of a program 

limited by Federal statute or Executive 

order to handicapped persona or the 

exclusion of a specific class of 

handicapped persons from a program 

limited by Federal statute or Executive 

Order to a different class of 

handicapped persons is not prohibited 

by this part.

(d) The Commission will administer

Programs and activities in the most

integrated setting appropriate to the

needs of qualified handicapped persons.

§§ 6.131-6.139 [R eserved]

§6.140 Em ploym ent.

No qualified handicapped person 

shall, on the basis of handicap, 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 in 29 CFR Part 1613, 

shall apply to employment in federally 

conducted programs or activities.

§§6.141-6.148 [R eserved ]

§ 6.149 Program accessib ility:

Discrim ination prohibited.

Except as otherwise provided in 11 

CFR 6.150 and 11 CFR 6.151, no qualified 

handicapped person shall be denied the 

benefits of, be excluded from 

participation in, or otherwise be 

subjected to discrimination under any 

program or activity conducted by the 

Commission because its facilities are 

inaccessible to or unusable by 

handicapped persons.

§ 6.150 Program accessib ility; Existing

facilities.

(a) General. The Commission will 

operate each program or activity so that 

the program or activity, when viewed in 

its entirety, is readily accessible to and 

usable by handicapped persons. This 

paragraph does not—

(1) Necessarily require the 

Commission to make each of its existing 

facilities accessible to and usable by 

handicapped persons;

(2) Require the Commission to take 

any action that it can demonstrate 

would result in a fundamental alteration 

in the nature of a program or activity or 

in undue financial and administrative 

burdens. The Commission has the 

burden of proving that compliance with 

11 CFR 6.150(a) would result in such 

alterations or burdens. The decision that 

compliance would result in such 

alteration or burdens must be made by 

the Commission after considering all 

agency resources available for use in the 

funding and operation of the conducted 

program or activity, and must be 

accompanied by a written statement of 

the reasons for reaching that conclusion. 

If an action would result in such an 

alteration or such burdens, the 

Commission will take any other action 

that would not result in such an 

alteration or such a burden but would 

nevertheless ensure that handicapped 

persons receive the benefits and 

services of the program or activity.

(b) Methods. The Commission may 

comply with the requirements of this 

section through such means as redesign

of equipment, reassignment of services 

to accessible buildings, assignment of 

aides to beneficiaries, home visits, 

delivery of services at alternate 

accessible sites, alteration of existing 

facilities and construction of new 

facilities, use of accessible rolling stock, 

or any other methods that result in 

making ita programs or activities readily 

accessible to and usable by 

handicapped persons. The Commission 

is not required to make structural 

changes in existing facilities where 

other methods are effective in achieving 

compliance with this section. The 

Commission, in making alterations to 

existing buildings, will meet 

accessibility requirements to the extent 

compelled by the Architectural Barriers 

Act of 1968, as amended (42 U .S.C . 4151- 

4157) and any regulations implementing 

it. In choosing among available methods 

for meeting the requirements of this 

section, the Commission will give 

priority to those methods that offer 

programs and activities to qualified 

handicapped persons in the most 

integrated setting appropriate.

(c) Time period for compliance. The 

Commission will comply with the 

obligations established under this 

section within sixty days of the effective 

date of this part except that where 

structural changes in facilities are 

undertaken, such changes will be made 

within three years of the effective date 

of this part, but in any event as 

expeditiously as possible.

(d) Transition plan. In the event that 

structural changes to facilities will be 

undertaken to achieve program 

accessibility, the Commission will 

develop, within six months of the 

effective date of this part, a transition 

plan setting forth the steps necessary to 

complete such changes. The plan will be 

developed with the assistance of 

interested persons, including 

handicapped persons and organizations 

representing handicapped persons. A 

copy of the transition plan will be made 

available for public inspection. The plan 

w ill, at a minimum—

(1) Identify physical obstacles in the 

Commission’s facilities that limit the 

accessibility of its programs or activities 

to handicapped persons;

(2) Describe in detail the methods that 

will be used to make the facilities 

accessible;

(3) Specify the schedule for taking the 

steps necessary to achieve compliance 

with this section and, if the time period 

of the transition plan is longer than one 

year, identify steps that will be taken 

during each year of the transition 

period;
Federal R egister / V o l. 49, N o . 164 / W e d n e sd a y , A u g u st 22, 1984 / R ules and Regulations

(4) Indicate the official responsible for

implementation of the plan; and

(5) Identify the persons or groups with

whose assistance the plan was

prepared.

§ 6.151 Program accessibility: New

construction and alterations.

Each building or part of a building

that is constucted or altered by, on

behalf of, or for the use’of the

Commission shall be designed,

constructed, or altered so as to be

readily accessible to and usable by

handicapped persons. The definitions,

requirements, and standards of the

Architectural Barriers A ct, 42 U .S.C . 

4151-4157, as established in 41 C F R 101- 

19.600 to 101-19.607, apply to buildings

covered by this section.

§§6.152-6.159 [Reserved]

§ 6.160 Communications.

(a) The Commission will take

appropriate steps to ensure effective

communication with applicants,

participants, personnel of other Federal

entities, and members of the public.

(1) The Commission will furnish

appropriate auxiliary aids where

necessary to afford a handicapped

person an equal opportunity to

participate in, and enjoy the benefits of,

a program or activity conducted by the

Commission.

(1) In determination what type of

auxiliary aid is necessary, the

Commission will give primary

consideration to the requests of the

handicapped person.

(ii) The Commission need not provide

individually prescribed devices, readers

for personal use or study, or other

devices of a personal nature.

(2) Where the Commission

communicates with applicants and

beneficiaries by telephone,

telecommunications devices for deaf

persons (TDD's), or equally effective

telecommunication systems will be

used.

(b) The Commission will ensure that

interested persons, including persons

with impaired vision or hearing, can

obtain information as to the existence

and location of accessible services,

activities, and facilities.

(c) The Commission will provide

signage at a primary entrance to each of

its inaccessible facilities, directing users

to a location at which they can obtain

information about accessible facilities.

The international symbol for

accessibility shall be used at each

primary entrance of an accessible

facility.

(d) The Commission will take

appropriate steps to provide

handicapped persons with information 

regarding their section 504 rights under 

the Commission’s programs of activities.

(e) This section does not require the 

Commission to take any action that it 

can demonstrate would result in a 

fundamental alteration in the nature of a 

program or activity or in undue financial 

and administrative burdens. The 

Commission has the burden of proving 

that compliance with this section would 

result in such alterations or burdens.

The decision that compliance would 

result in such alteration or burdens must 

be made by the Commission after 

considering all agency resources 

available for use in the funding and 

operation of the conducted program or 

activity, and must be accompanied by a 

written statement of the reasons for 

reaching that conclusion. If an action 

required to comply with this section 

would result in such an alteration or 

such burdens, the Commission will take 

any other action that would not result in 

such an alteration or such a burden but 

would nevertheless ensure that, to the 

maximum extent possible, handicapped 

persons receive the benefits and 

services of the program or activity.

§§ 6.161-6.169 [Reserved]

§6.170 Compliance procedures.

(a) Except as provided in paragraph 

(b) of this section, this section applies to 

all allegations of discrimination on the 

basis of handicap in programs or 

activities conducted by the Commission.

(b) The Commission will process 

complaints alleging violations of section 

504 with respect to employment 

according to the procedures established 

in 29 CFR Part 1613 pursuant to section 

501 of the Rehabilitation A ct of 1973 (29 

U .S.C . 791).

(c) Responsibility for implementation 

and operation of this section shall be 

vested in the Rehabilitation A ct Officer.

(d) (l)(i) Any person who believes that 

he or she or any specific class of 

persons of which he or she is a member 

has been subjected to discrimination 

prohibited by this part may file a 

complaint with the Rehabilitation A ct 

Officer.

(ii) Any person who believes that a 

denial of his or her services will result 

or has resulted in discrimination 

prohibited by this part may file a 

complaint with the Rehabilitatin Act 

Officer.

(2) A ll complete complaints must be 

filed within 180 days of the alleged act 

of discrimination. The Commission may 

extend this time period for good cause.

(3) Complaints filed under this part 

shall be addressed to the Rehabilitation

Act Officer, 1325 K Street, NW ., 

Washington, D .C. 20463.

(e) The Commission will notify the 

Architectural and Transportation 

Barriers Compliance Board upon receipt 

of any complaint alleging that a building 

or facility that is subject to the 

Architectural Barriers A ct of 1968, as 

amended (42 U .S.C . 4151-4157), or 

section 502 of the Rehabilitation Act of 

1973, as amended (29 U .S.C . 792), are not 

readily accessible and usable to 

handicapped persons.

(f) (1) The Commission will accept and

investigate a complete complaint that is

filed in accordance with paragraph (d)

of this section and over which it has

jurisdiction. The Rehabilitation A ct

Officer will notify the complainant and

the respondent of receipt and

acceptance of the complaint.

(2) If the Rehabilitation Act Officer 

receives a complaint that is not 

complete (See 11 CFR 6.101(c)), he or she 

will notify the complainant within 30 

days of receipt of the incomplete 

complaint, that additional information is 

needed. If the complainant fails to 

complete the complaint within 30 days 

of receipt of this notice, the 

Rehabilitation Act Officer will dismiss 

the complaint without prejudice.

(3) If the Rehabilitation A ct Officer

receives a complaint over which the

Commission does not have jurisdiction,

the Commission will promptly notify the

complainant and will make reasonable

efforts to refer the complaint to the

appropriate governmental entity.

(g) Within 180 days of receipt of a 

complete complaint for which it has 

jurisdiction, the Commission will notify 

the complainant of the results of the 

investigation in a letter containing—

(1) Findings of fact and conclusions of

law;

(2) A description or a remedy for each 

violation found; and

(3) A notice of the right to appeal.

(h) Appeals of the findings of fact and

conclusions of law or remedies must be

filed by the complainant within 90 days

of receipt from the Commission of the

letter required by § 6.170(g). The

Commission may extend this time for

good cause.

(i) Timely appeals to the Commission 

shall be addressed to the Rehabilitation 

A ct Officer, Federal Election 

Commission, 1325 K Street, NW ., 

Washington, D .C 20463.

(j) The Commission will notify the 

complainant of the results of the appeal 

within 60 days of the receipt of the 

request. If the Commission determines 

that it needs additional information from 

the complainant, it shall have 60 days 

from the date it receives the additional
Federal R egister / V o l. 49, N o . 164 / W e d n e sd a y , A u g u st 22, 1984 / R ules and R egulations 33215

information to make its determination 

on the appeal.

(k) The Commission may extend the 

time limits in paragraphs (g) and (j) of 

this section for good cause.

(l) The Commission may delegate its 

authority for conducting complaint 

investigations to other Federal agencies, 

except that the authority for making the 

final determination may not be 

delegated.

§§ 6.171-6.999 [R eserved]

Dated: August 16,1984.

Lee Ann Elliott,

Chairman, Federal Election Commission.

[FR Doc. 84-22073 Filed 8-21-84; 8:45 am]

BILLING CODE 6715-01-M

DEPARTMENT OF THE TREASURY

Comptroller of the Currency

12CFR Part 29

[Docket No. 84-26]

Adjustable-Rate Mortgages

AGENCY: Office of the Comptroller of the 

Currency, Treasury.

ACTION: Final rule.

SUMMARY: The Office of the Comptroller 

of the Currency is amending its 

adjustable-rate mortgage regulation (12 

CFR Part 29) to permit national banks to 

alter the bank disclosure statement 

required for short-term or demand 

mortgage loans under § 29.7(d). Where a 

bank uses a loan application form or 

loan note that is written in the first 

person, it may also insert first-person 

terminology, as appropriate, for secondperson terminology if the disclosure 

statement. It has become apparant that 

the language in § 29.7(d) statement may 

confuse borrowers when used in 

conjunction with certain loan 

applications and note forms in use 

among banks. The sole purpose of this 

amendment is to bring about 

consistency in the language of the 

required disclosure statement in order to 

avoid borrower confusion as to their 

obligations.

EFFECTIVE d a t e : August 22,1984. 

fo r f u r t h e r in fo r m a t io n c o n t a c t :

Jonathan L. Levin, Senior Attorney,

Legal Advisory Services Division, Office 

of the Comptroller of the Currency, 

Washington, D .C. 20219, (202) 447-1880. 

SUPPLEMENTARY INFORMATION: The 

Comptroller’s adjustable-rate mortgage 

regulation, 12 CFR Part 29, provides in 

§ 29.7(d) that the disclosure statement 

prescribed for short-term and demand 

mortgage loans be displayed

prominently and in capital letters in or 

affixed to the relevant mortgage loan 

application and loan note forms in order 

to exempt such loans from coverage.

This amendment clarifies the manner in

which borrowers are identified in the

disclosure statement, to ensure that they

recognize all obligations to which they

will be held.

Recently, it has become apparent to 

the Office that the language in the 

§ 29.7(d) statement may confuse 

borrowers when used in conjunction 

with certain loan application and note 

forms in widespread use among banks. 

An increasing number of such forms are 

written in the first person, i.e., “I” or 

“we,” whereas the statement refers to 

the borrower strictly in the second 

person, i.e., “you.” Consequently, a 

borrower executing the loan application 

or note may fail to recognize the direct 

applicability of the terms in the § 29.7(d) 

disclosure statement.

To resolve the inconsistency and 

potential confusion arising from the use 

of a loan application or loan note forms 

written in the first person, the 

amendment allows the bank to replace 

each occurrence of “you” in the 

disclosure statement with “I (me)” or 

“we (us)." In all other respects, the 

language of the statement remains 

unchanged.

This amendment is wholly nonsubstantive. In no way does it affect a 

bank’s obligation to comply with the 

disclosure requirements of § 29.7(d) for 

short-term or demand mortgage loans.

Its sole purpose is to bring about 

consistency in the language of the 

required disclosure statement in order to 

avoid borrower confusion as to their 

obligations. For that reason, the Office 

finds in accordance with 5 U .S.C . 

553(b)(B) that notice and public 

comment are unnecessary.

Regulatory Flexibility A ct

Since this amendment is not subject to 

notice and comment procedures under 5 

U .S.C . 553, preparation of a regulatory 

flexibility analysis is not required. The 

Office believes, however, that the 

language clarifications will ensure better 

communication between banks and 

borrowers, and will not have a 

significant economic impact on a 

substantial number of small entities.

Executive Order 12291

The Office has determined that this

final rule is not a “ major rule” and

therefore does not require a regulatory

impact analysis.

List of Subjects in 12 CFR Part 29

National banks, Adjustable-rate

mortgages, Disclosure.

PART 29—[AMENDED]

Accordingly, for the reasons set forth 

above, 12 CFR Part 29 is amended to 

read as follows:

1. The authority citation for Part 29 

reads as follows:

Authority: 12 U.S.C. 1 et seq.; 12 U.S.C. 93a;

12 U .S.C. 371.

2. Paragraph (d) of § 29.7 is amended 

by adding a sentence after the fourth [4] 

sentence in the paragraph which ends 

with “the word ‘bank’ ” and before the 

sentence beginning with “The bank may 

also,” The new sentence reads as 

follows:

§ 29.7 D isclosure.

*****

(d) * * *

If the loan application form or loan 

note refers to the borrower(s) in the first 

person, the bank may also replace each 

occurrence of the word “you” in the 

statement with the word “I (me)” or “we 

(us)” as appropriate. 

*****

Dated: August 13,1984.

H. Joe Selby,

Acting Com ptroller o f the Currency.

[FR Doc. 84-22167 Filed 8-21-84; 8:45 am]

BILUNG CODE 4810-33-M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[A irspace Docket No. 83-AW A-22]

Alteration of the Dallas-Fort Worth

Terminal Control Area

AGENCY: Federal Aviation

Administration (FAA), D O T.

ACTION: Correction to final rule.

s u m m a r y : An error was noted in the 

description of the Dallas-Fort Worth, 

T X, Terminal Control Area (TCA) 

published in the Federal Register on 

June 21,1984 (49 FR 25424) that 

describes a modification to Area B 

located southeast of the airport. This 

action corrects that error.

EFFECTIV E DATE: 0901 Gmt, August 30, 

1984.

FOR FURTHER INFORMATION CONTACT:

Brent A . Fernald, Airspace and Air 

Traffic Rules Branch (AAT-230), 

Airspace-Rules and Aeronautical 

Information Division, Air Traffic 

Service, Federal Aviation 

Administration, 800 Independence 

Avenue, SW ., Washington, D .C. 20591; 

telephone: (202) 426-8783.