46606 Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Rules and Regulations 

property for use as the employee’s 

primary residence, or the primary 

residence of the employee’s immediate 

family member. 

(2) Approval shall be granted unless 

the conduct is inconsistent with 5 CFR 

part 2635 or this part. 

(d) Liaison representative. An 

employee designated to serve in an 

official capacity as the Department’s 

liaison representative to an outside 

organization is not engaged in an 

outside activity to which this section 

applies. Notwithstanding, an employee 

may be designated to serve as the 

Department’s liaison representative only 

as authorized by law, and as approved 

by the Department under applicable 

procedures. 

§ 7501.106 Bureau instructions and 

designation of separate agency component. 

(a) Bureau instructions. With the 

concurrence of the Designated Agency 

Ethics Official, the Bureau Ethics 

Counselor is authorized, consistent with 

5 CFR 2635.105(c), to designate Deputy 

Bureau Ethics Counselors, to make a 

determination, issue explanatory 

guidance, and establish procedures 

necessary to implement this part, 

subpart I of 5 CFR part 2634, and 5 CFR 

part 2635 for the Bureau. 

(b) Designation of separate agency 

component. Pursuant to 5 CFR 

2635.203(a), the Office of the Inspector 

General is designated as a separate 

agency for purposes of the regulations 

contained in subpart B of 5 CFR part 

2635, governing gifts from outside 

sources; and 5 CFR 2635.807, governing 

teaching, speaking, or writing. 

Dated: July 18, 2012. 

Shaun Donovan, 

Secretary. 

Don W. Fox, 

Acting Director, Office of Government Ethics. 

[FR Doc. 2012–19150 Filed 8–3–12; 8:45 am] 

BILLING CODE 4210–67–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Part 1072 

[Docket No. CFPB–2012–0025] 

Enforcement of Nondiscrimination on 

the Basis of Disability in Programs and 

Activities Conducted by the Bureau of 

Consumer Financial Protection 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Interim final rule with request 

for public comment. 

SUMMARY: This interim final rule 

provides for the enforcement of section 

504 of the Rehabilitation Act of 1973, as 

amended, which prohibits 

discrimination on the basis of disability 

in programs or activities conducted by 

the Bureau of Consumer Financial 

Protection. It sets forth standards for 

what constitutes discrimination on the 

basis of mental or physical disability, 

provides a definition for ‘‘individual 

with a disability’’ and ‘‘qualified 

individual with a disability,’’ and 

establishes a complaint mechanism for 

resolving allegations of discrimination. 

The rule further clarifies that the 

complaint mechanism is also available 

for processing complaints that the 

agency has failed to meet accessibility 

standards for electronic and information 

technology, in violation of section 508 

of the Rehabilitation Act of 1973. 

DATES: This interim final rule is 

effective August 6, 2012. Written 

comments must be submitted by 

October 5, 2012. 

ADDRESSES: You may submit comments, 

identified by Docket No. CFPB–2012– 

0025, by any of the following methods: 

• Electronic: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail or Hand Delivery/Courier: 

Monica Jackson, Office of the Executive 

Secretary, Consumer Financial 

Protection Bureau, 1700 G Street NW., 

Washington, DC 200552. 

Instructions: All submissions must 

include the agency name and docket 

number for this rulemaking. In general, 

all comments received will be posted 

without change to http:// 

www.regulations.gov. In addition, 

comments will be available for public 

inspection and copying at 1700 G Street, 

NW., Washington, DC 20552, on official 

business days between the hours of 10 

a.m. and 5 p.m. Eastern Time. You can 

make an appointment to inspect the 

documents by telephoning (202) 435– 

7275. 

All comments, including attachments 

and other supporting materials, will 

become part of the public record and 

subject to public disclosure. Sensitive 

personal information, such as account 

numbers or social security numbers, 

should not be included. Comments will 

not be edited to remove any identifying 

or contact information. 

FOR FURTHER INFORMATION CONTACT: 

Monica Jackson, Office of the Executive 

Secretary, Consumer Financial 

Protection Bureau, 1700 G Street NW., 

Washington, DC 20552 at 202–435– 

7275. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 21, 2010, the President signed 

into law the Dodd-Frank Wall Street 

Reform and Consumer Protection Act 

(Pub. L. 111–203). Title X of that law is 

the Consumer Financial Protection Act 

of 2010 (the ‘‘Act’’), which created the 

Bureau of Consumer Financial 

Protection (the ‘‘Bureau’’). Pursuant to 

the provisions of the Act, the Bureau 

began to exercise its authorities to 

regulate the offering and provision of 

consumer financial products and 

services under the federal consumer 

financial laws on July 21, 2011. 

II. Summary of Interim Final Rule 

This interim final rule establishes 

procedures for the Bureau that are 

necessary to implement section 504 of 

the Rehabilitation Act of 1973, 29 U.S.C. 

794, as amended by the Rehabilitation, 

Comprehensive Services, and 

Developmental Disabilities 

Amendments of 1978, § 119 (Pub. L. 95– 

602, 92 Stat. 2982), the Rehabilitation 

Act Amendments of 1986 (Pub. L. 99– 

506, 100 Stat. 1810), the Workforce 

Investment Act of 1998 (Pub. L. 105– 

220, 112 Stat. 936), and the Americans 

with Disabilities Act Amendments of 

2008 (Pub. L. 110–325, 122 Stat. 3553). 

It is an adaptation of the model rule 

prepared by the Department of Justice in 

1980 under Executive Order 12250, 45 

FR 72995, 3 CFR, 1980 Comp., p. 298. 

The Bureau invites public comment 

on all aspects of this interim final rule 

and will take those comments into 

account before publishing a final rule. 

Section-by-Section Analysis 

Section 1072.101 Purpose 

Section 1072.101 states that the 

purpose of the rule 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 disability in programs or 

activities conducted by Executive 

agencies or the United States Postal 

Service. 

Section 1072.102 Application 

The regulation applies to all programs 

or activities conducted by the Bureau. 

Section 1072.103 Definitions 

Section 1072.103 defines terms that 

are utilized elsewhere in the rule. 

Several of these terms warrant brief 

discussion. The Bureau has modified 

the language of the Department of 

Justice model to replace the terms 

‘‘handicap,’’ ‘‘individual with a 


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handicap,’’ and ‘‘individuals with 

handicaps’’ with the terms ‘‘disability,’’ 

‘‘individual with a disability,’’ and 

‘‘individuals with disabilities,’’ 

respectively, in keeping with the most 

current statutory terms used in the 

Americans with Disabilities Act. 42 

U.S.C. 12101, et seq. The Bureau has 

modified the characterization of ‘‘major 

life activities’’ in the definition of 

‘‘individual with a disability’’ to reflect 

the guidance provided by EEOC in its 

2011 regulations interpreting the 

Americans with Disabilities Act 

Amendments Act of 2008. We intend 

our definition of the term ‘‘major life 

activities’’ to be interpreted consistent 

with that guidance. Similarly, the 

evaluation of whether an identified 

disability ‘‘substantially limits’’ an 

individual’s major life activities is not 

intended to be restrictive in nature and, 

with the exception of vision-correcting 

tools (eyeglasses and contact lenses), is 

to be made without regard to whether an 

individual has taken ameliorative 

measures. For example, an individual 

with bipolar disorder is within the 

definition of ‘‘individual with a 

disability’’ even if medication balances 

the individual’s mood. Conditions that 

may be episodic, such as major 

depression, or subject to remission, such 

as cancer, will be evaluated as if they 

were active. 

The Bureau has also modified the 

language of the Department of Justice 

model to replace the outdated term 

‘‘mental retardation’’ with ‘‘intellectual 

disability.’’ The definition of ‘‘auxiliary 

aids’’ has been modified to reflect 

technological developments that have 

rendered obsolete some forms of 

communication common in 1984 

through the use of new technologies 

available to the public. 

Section 1072.104 Self-Evaluation 

This section commits the Bureau to 

conduct a self-evaluation of its 

compliance with section 504 within two 

years of the effective date of this 

regulation. This provision comports 

with the Department of Justice 

guidance. The Bureau recognizes the 

value of a self-evaluation process to 

obtain meaningful feedback from the 

community affected by this regulation 

and to promote effective and efficient 

implementation of section 504. 

Section 1072.105 Notice 

This section commits the Bureau to 

make available to employees, 

applicants, participants, beneficiaries, 

and other interested persons sufficient 

information about Bureau programs and 

activities, and to apprise them of rights 

and protections afforded by section 504 

and this regulation. The language of the 

section follows that of the Department 

of Justice model. 

Section 1072.106 General Prohibitions 

Against Discrimination 

This section is an adaptation of the 

corresponding section of the 

Department of Justice model. 

Paragraph (a) restates the 

nondiscrimination mandate of section 

504. The remaining paragraphs in the 

section 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 of the regulation. 

Paragraph (b) prohibits overt denials 

of equal treatment of individuals with 

disabilities. The Bureau may not refuse 

to provide an individual with a 

disability an opportunity to participate 

in or benefit from its programs on the 

basis of that disability. The 

determination, rather, must always be 

whether the individual, with or without 

a reasonable accommodation, has the 

actual ability to participate or benefit. 

Paragraph (b)(1)(iii) requires that the 

opportunity to participate or benefit 

afforded to an individual with a 

disability be as effective as the 

opportunity afforded to others—that is, 

that facilities be accessible to those with 

physical disabilities, and that assistive 

accommodations be available to those 

who may require such accommodations 

to access communications from the 

Bureau. 

Paragraph (b)(1)(iv) prohibits the 

Bureau from denying a qualified 

individual with a disability the 

opportunity to participate as a member 

of a planning or advisory board. 

Paragraphs (b)(2) through (b)(6) 

generally comport with the Department 

of Justice model language, except to the 

extent that they refer to ‘‘individuals 

with disabilities’’ rather than 

‘‘individuals with handicaps.’’ These 

paragraphs collectively prohibit any 

Bureau policy or practice that would 

have the effect of unlawfully 

discriminating against individuals with 

disabilities, whether any such policy or 

practice is overtly exclusionary or, 

although neutral on its face, results in 

denying an effective opportunity for 

participation in a Bureau program or 

benefit to individuals with disabilities. 

Pursuant to these paragraphs, the 

Bureau must evaluate whether criteria 

or methods of administration may result 

in denial of opportunity to individuals 

with disabilities (paragraph (b)(4)), 

selection of facilities for use by the 

Bureau ensures accessibility for 

individuals with disabilities (paragraph 

(b)(5)), criteria for selection of 

procurement contractors may result in 

denial of opportunity to individuals 

with disabilities (paragraph (b)(6)), and 

licensing and certification procedures 

are neutrally applied to individuals 

with disabilities (paragraph (b)(7)). 

Paragraph (b)(8) clarifies that section 

504 does not extend to the programs or 

activities of licensees or certified 

entities, which are not themselves 

federally conducted programs or 

activities. 

Paragraph (c) permits the Bureau to 

limit participation in programs designed 

to benefit individuals with disabilities 

or a given class of individuals with 

disabilities to those individuals or 

classes of individuals. 

Paragraph (d) provides the Bureau 

will administer programs and activities 

in the most integrated setting 

appropriate to the needs of qualified 

individuals with disabilities—that is, in 

a setting in which individuals with 

disabilities will be interacting with 

individuals who have not self-identified 

as having disabilities. 

Section 1072.107 Employment 

This section prohibits unlawful 

discrimination on the basis of disability 

in employment by the Bureau. The 

section clarifies that the definitions, 

requirements, and procedures of section 

501 of the Rehabilitation Act of 1973 

apply to employment in federally 

conducted programs or activities. 

Section 1072.108 Program 

Accessibility: Discrimination Prohibited 

Section 1072.108 states the general 

nondiscrimination principle underlying 

the program accessibility requirements 

of the following two sections. 

Section 1072.109 Program 

Accessibility: Existing Facilities 

This section requires that each Bureau 

program or activity, when viewed in its 

entirety, be accessible to and usable by 

individuals with disabilities. The 

section does not require, however, that 

the Bureau make each existing facility 

in which it operates programs or 

activities accessible to and usable by 

individuals with disabilities, as long as 

program accessibility can be achieved 

through other means. Paragraph (a)(2) 

provides that in meeting the program 

accessibility requirement the Bureau is 

not required to take any action that 

would result in a fundamental alteration 

in the nature of its program or activity 

or that would result in undue financial 

and administrative burden. The 

paragraph states the burden of proving 

that compliance with accessibility 

requirements would fundamentally alter 


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46608 Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Rules and Regulations 

the nature of a program or activity or 

would result in undue financial and 

administrative burdens rests with the 

Bureau. A decision that compliance 

would result in such alteration or 

burdens must be made by the Bureau 

head or his or her designee and must be 

accompanied by a written statement of 

the reasons for reaching that conclusion. 

Any person who believes that he or she 

has been injured by the Bureau head’s 

decision or failure to make a decision 

may file a complaint under the 

compliance procedures established in 

§ 1072.112. 

Paragraph (b) sets forth methods by 

which program accessibility may be 

achieved, which include delivering 

services at alternate accessible sites or 

making home visits. The paragraph 

reiterates the Bureau’s commitment to 

give priority to those methods that offer 

programs and activities to qualified 

individuals with disabilities in the most 

integrated setting appropriate. 

Paragraph (c) establishes the time 

period for complying with the program 

accessibility requirement. As a new 

federal entity occupying leased space, 

the Bureau is obligated to evaluate any 

prospective leased property to ensure 

that structural accessibility standards 

are satisfied. Aside from structural 

changes, all other necessary steps to 

achieve compliance shall be taken 

within ninety days of the effective date 

of this regulation. 

Section 1072.110 Program 

Accessibility: New Construction and 

Alterations 

This section clarifies that the 

definitions, requirements, and standards 

of the Architectural Barriers Act, 42 

U.S.C. 4151–4157, apply to all buildings 

or parts of buildings constructed or 

altered by or on behalf of the Bureau. 

Any such facilities must be readily 

accessible to and usable by individuals 

with disabilities. 

Section 1072.111 Communications 

This section obligates the Bureau to 

provide appropriate assistive 

accommodations to ensure that the 

Bureau can communicate effectively 

with all applicants, participants, 

personnel of other federal entities, and 

members of the public, including 

individuals with disabilities. Paragraph 

(a)(1)(i) states that the Bureau will 

consider providing auxiliary aids in 

accordance with the expressed 

preference of the individual requesting 

accommodation. Paragraph (a)(1)(ii) 

notes that the Bureau is not obligated to 

provide personally prescribed devices to 

individuals with disabilities. 

Paragraph (b) states the Bureau will 

ensure that interested persons can 

obtain information about the existence 

and location of accessible services, 

activities, and facilities. Paragraph (c) 

commits the Bureau to provide signage 

utilizing the international symbol for 

accessibility informing individuals with 

disabilities of the location of accessible 

entrances to and routes within the 

Bureau’s facilities. 

Paragraph (d) clarifies that this 

section does not require the Bureau 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, and sets forth the procedures 

whereby the Bureau may establish that 

such conditions exist. 

Section 1072.112 Compliance 

Procedures 

Paragraph (a) of this section specifies 

that paragraphs (c) through (l) establish 

the procedures for processing 

complaints other than employment 

complaints. Paragraph (b) provides that 

the Bureau will process employment 

complaints according to procedures 

established in existing regulations of the 

Equal Employment Opportunity 

Commission, 29 CFR part 1614, 

pursuant to section 501 of the 

Rehabilitation Act of 1973, 29 U.S.C. 

791. 

Paragraph (c) vests responsibility for 

the implementation and operation of 

this section in the Office of the Chief 

Human Capital Officer. 

Paragraph (d)(1) is adapted from the 

compliance procedures of the 

Department of Justice’s model 

regulation. This paragraph prevents 

third parties from filing generalized 

complaints where there has been no 

harm to a particular individual or 

individuals. The Bureau is required to 

accept and investigate all complete 

complaints, as defined in § 1072.103. 

Paragraph (e) states if the Bureau 

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 an appropriate entity of the 

federal government. Paragraph (f) 

specifically requires the Bureau 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 

was designed, constructed, or altered in 

a manner that does not provide ready 

access to and use by individuals with 

disabilities. 

Paragraph (g) requires the Bureau to 

prepare written findings of fact and 

conclusions of law, the relief granted if 

noncompliance is found, and notice to 

the complainant of the right to appeal. 

Paragraph (i) provides for an internal 

appeal process within the Office of the 

Chief Human Capital Officer. 

Paragraph (l) permits the Bureau 

either to delegate its investigative 

responsibilities under this section to 

another federal agency or to contract 

with a nongovernmental investigator. 

The Bureau may not delegate its 

responsibility to make a determination 

of compliance or noncompliance. 

III. Procedural Requirements 

The Bureau concludes this interim 

final rule constitutes a Bureau rule of 

organization, procedure, or practice that 

is exempt from notice and public 

comment pursuant to 5 U.S.C. 553(b). 

In any event, the Bureau has also 

determined that good cause exists, 

pursuant to 5 U.S.C. 553(b), to publish 

these regulations as an interim final 

rule. It is important for the Bureau to 

establish additional procedures 

promptly to facilitate the Bureau’s 

interactions with the public. The Bureau 

began exercising certain parts of its 

regulatory authority on July 21, 2011, as 

well as launching several consumer 

outreach initiatives. The Bureau’s 

public Web site has been developed to 

meet accessibility standards and to 

comport with § 508. Failure to establish 

such procedures promptly risks 

impairing the ability of individuals with 

disabilities to access Bureau facilities, 

communications, programs, and 

activities, and to participate in the 

public outreach that the Bureau 

encourages. Furthermore, the Bureau 

has adapted Department of Justice 

guidance that has been broadly 

implemented across the federal 

government. For all of these reasons, the 

Bureau concludes that notice and public 

comment are unnecessary for these 

regulations and that delay will be 

contrary to the public interest. For the 

same reasons, the Bureau has 

determined that this interim rule should 

be issued without a delayed effective 

date pursuant to 5 U.S.C. 553(d)(3). 

Notwithstanding these conclusions, 

the Bureau invites public comment on 

this interim final rule. 

Because no notice of proposed 

rulemaking is required, these 

regulations are not a ‘‘rule’’ as defined 

by the Regulatory Flexibility Act do not 

apply, 5 U.S.C. 601(2). The regulations 

in this part do not contain any 

information collection requirement that 

requires the approval of OMB under the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 


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List of Subjects in 12 CFR Part 1072 

Blind, Buildings, Civil rights, 

Employment, Equal employment 

opportunity, Federal buildings and 

facilities, Government employees, 

Individuals with disabilities. 

Authority and Issuance 

For the reasons set forth above, the 

Bureau amends Chapter X in Title 12 of 

the Code of Federal Regulations by 

adding a new part 1072 to read as 

follows: 

CHAPTER X—BUREAU OF CONSUMER 

FINANCIAL PROTECTION 

PART 1072—ENFORCEMENT OF 

NONDISCRIMINATION ON THE BASIS 

OF DISABILITY IN PROGRAMS AND 

ACTIVITIES CONDUCTED BY THE 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

Sec. 

1072.101 Purpose. 

1072.102 Application. 

1072.103 Definitions. 

1072.104 Review of compliance. 

1072.105 Notice. 

1072.106 General prohibitions against 

discrimination. 

1072.107 Employment. 

1072.108 Program accessibility: 

Discrimination prohibited. 

1072.109 Program accessibility: Existing 

facilites. 

1072.110 Program accessibility: New 

construction and alterations. 

1072.111 Communications. 

1072.112 Compliance procedures. 

Authority: 29 U.S.C. 794; 29 U.S.C. 794d. 

§ 1072.101 Purpose. 

(a) This part implements section 504 

of the Rehabilitation Act of 1973, as 

amended by the Rehabilitation, 

Comprehensive Services, and 

Developmental Disabilities 

Amendments of 1978, Sec. 119 (Pub. L. 

95–602, 92 Stat. 2982), the 

Rehabilitation Act Amendments of 1986 

(Pub. L. 99–506, 100 Stat. 1810), the 

Workforce Investment Act of 1998 (Pub. 

L. 105–220, 112 Stat. 936), and the 

Americans with Disabilities Act 

Amendments of 2008 (Pub. L. 110–325, 

122 Stat. 3553), to prohibit 

discrimination on the basis of disability 

in programs or activities conducted by 

Executive agencies or the United States 

Postal Service. 

(b) This part is also intended to 

implement section 508 of the 

Rehabilitation Act of 1973 as amended 

to ensure that employees and members 

of the public with disabilities have 

access to, and are able to use, electronic 

and information technology (EIT) to the 

same extent as individuals without 

disabilities, unless an undue burden 

would be imposed on the department or 

the Bureau. Specifically, this part 

clarifies that individuals with 

disabilities may utilize the complaint 

procedures established in section 504 to 

enforce rights guaranteed under section 

508. 

§ 1072.102 Application. 

This part applies to all programs, 

activities, and electronic and 

information technology developed, 

procured, maintained, used, or 

conducted by the Bureau. 

§ 1072.103 Definitions. 

For purposes of this part Auxiliary 

aids means services or devices that 

enable persons with impaired sensory, 

manual, or speaking skills to have an 

opportunity to participate in, and enjoy 

the benefits of, programs or activities 

conducted by the Bureau. 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, 

telecommunications devices for deaf 

persons (TDD’s), interpreters, Computeraided real-time transcription (CART), 

captioning, note takers, written 

materials, and other similar services and 

devices. 

Bureau means the Bureau of 

Consumer Financial Protection. 

Complete complaint means a written 

statement or a complaint in audio, 

Braille, electronic, and/or video format, 

that contains the complainant’s name 

and address, and describes the Bureau’s 

alleged discriminatory action in 

sufficient detail to inform the Bureau 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 in audio, 

Braille, electronic, and/or video formats 

shall contain an affirmative identity 

statement of the individual, which for 

this purpose shall be considered to be 

functionally equivalent to a complaint’s 

signature. Complaints filed on behalf of 

classes of individuals with disabilities 

shall also identify (where possible) the 

alleged victims of discrimination. 

Electronic and information 

technology means 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 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 electronic and 

information technology. 

Facility means all or any portion of a 

building, structure, equipment, road, 

walk, parking lot, rolling stock or other 

conveyance, or other real or personal 

property. 

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 of the individual’s 

major life activities. 

Is regarded as having an impairment 

means— 

(1) Has a physical or mental 

impairment that does not substantially 

limit major life activities but is treated 

by the Bureau as constituting such a 

limitation; 

(2) 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 

(3) Has none of the impairments 

defined in paragraph (1) of this 

definition but is treated by the Bureau 

as having such an impairment. 

Individual with a disability means any 

person who has a physical or mental 

impairment that substantially limits one 

or more of the individual’s major life 

activities, has a record of such an 

impairment, or is regarded as having 

such an impairment. As used in this 

definition, the phrase: 

Major life activities includes without 

limitation— 

(1) Caring for oneself, performing 

manual tasks, seeing, hearing, eating, 

sleeping, walking, standing, sitting, 

reaching, lifting, bending, speaking, 

breathing, learning, reading, 

concentrating, thinking, 

communicating, interacting with others, 

and working. 

(2) The operation of major bodily 

functions of the immune system, special 

sense organs and skin, normal cell 

growth, and digestive genitourinary, 


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bowel, bladder, neurological, brain, 

respiratory, circulatory, cardiovascular, 

endocrine, hemic, lymphatic, 

musculoskeletal, and reproductive 

functions. The operation of a major 

bodily function includes the operation 

of an individual organ within a body 

system. 

(3) In determining other examples of 

major life activities, the Bureau will 

follow the guidance provided by EEOC 

in its 2011 regulations interpreting the 

Americans with Disabilities Act 

Amendments Act of 2008. 

Physical or mental impairment 

includes without limitation: 

(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. 

(2) Any mental or psychological 

disorder such as an intellectual 

disability, organic brain syndrome, 

emotional or mental illness, and specific 

learning disabilities. 

(3) Diseases and conditions such as 

orthopedic, visual, speech and hearing 

impairments, cerebral palsy, epilepsy, 

muscular dystrophy, multiple sclerosis, 

cancer, heart disease, diabetes, 

intellectual disability, emotional illness, 

drug addiction and alcoholism. 

Program or Activity means any 

activity of the Bureau permitted or 

required by its enabling statutes, 

including but not limited to any 

proceeding, investigation, hearing, or 

meeting. 

Qualified individual with a disability 

means: 

(1) In reference to individuals other 

than employees of the Bureau— 

(i) With respect to any Bureau 

program or activity under which an 

individual is required to perform 

services or to achieve a level of 

accomplishment, an individual with a 

disability who, with or without 

reasonable accommodations, meets the 

essential eligibility requirements for 

participation in the program or activity, 

and who can achieve the purpose of the 

program or activity without 

modifications in the program or activity 

that would result in a fundamental 

alteration in its nature; or 

(ii) With respect to any other program 

or activity, an individual with a 

disability who, with or without 

reasonable modification to rules, 

policies, or practices that do not change 

the fundamental nature of the activity, 

or the provision of auxiliary aids, meets 

the essential eligibility requirements for 

participation in, or receipt of benefits 

from, that program or activity; or 

(2) In reference to individuals 

employed by the Bureau, the definition 

of that term for purposes of employment 

contained in 29 CFR 1630.2(m), which 

is made applicable to this part by 

§ 1072.101. 

Section 504 means section 504 of the 

Rehabilitation Act of 1973 as amended. 

As used in this part, § 504 applies only 

to programs or activities conducted by 

Executive agencies and not to federally 

assisted programs. 

Section 508 means section 508 of the 

Rehabilitation Act of 1973 as amended. 

§ 1072.104 Review of compliance. 

(a) The Bureau shall, within two years 

of the promulgation of this regulation, 

review its current policies and practices 

in view of advances in relevant 

technology and achievability. Based on 

this review, the Bureau shall modify its 

practices and procedures to ensure that 

the Bureau’s programs and activities are 

fully accessible. 

(b) The Bureau shall provide an 

opportunity to interested persons, 

including individuals with disabilities 

or organizations representing 

individuals with disabilities, to 

participate in the review process. 

(c) The Bureau shall maintain on file 

and make available for public 

inspection until three years following 

the completion of the compliance 

review— 

(1) A description of areas examined 

and any problems identified; and 

(2) A description of any modifications 

made. 

§ 1072.105 Notice. 

The Bureau shall make available to all 

Bureau 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 Bureau in a 

manner that apprises them of the 

protections against discrimination 

provided by § 504 and this regulation. 

§ 1072.106 General prohibitions against 

discrimination. 

(a) No qualified individual with a 

disability in the United States, shall, on 

the basis of disability, be excluded from 

the participation in, be denied the 

benefits of, or otherwise be subjected to 

discrimination under any program or 

activity conducted by the Bureau. 

(b) Discriminatory actions prohibited. 

(1) The Bureau, in providing any aid, 

benefit, or service, may not directly or 

through contractual, licensing, or other 

arrangements, on the basis of 

disability— 

(i) Deny a qualified individual with a 

disability the opportunity to participate 

in or benefit from the aid, benefit, or 

service; 

(ii) Afford a qualified individual with 

a disability an opportunity to participate 

in or benefit from the aid, benefit, or 

service that is not substantially 

equivalent to that afforded others; 

(iii) Provide different or separate aid, 

benefits or services to individuals with 

disabilities or to any class of individuals 

with disabilities than is provided to 

others unless such action is necessary to 

provide qualified individuals with 

disabilities with aid, benefits or services 

that are as effective as those provided to 

others; 

(iv) Deny a qualified individual with 

a disability the opportunity to 

participate as a member of planning or 

advisory boards. 

(2) For purposes of this part, aids, 

benefits, and services, to be equally 

effective, are not required to produce 

the identical result or level of 

achievement for individuals with 

disabilities and for persons who are not 

so identified, but must afford 

individuals with disabilities a 

reasonable opportunity to obtain the 

same result, to gain the same benefit, or 

to reach the same level of achievement 

in the most integrated setting 

appropriate to the individual’s needs. 

(3) Even if the Bureau is permitted, 

under paragraph (b)(1)(iv) of this 

section, to operate a separate or different 

program for individuals with disabilities 

or for any class of individuals with 

disabilities, to the extent reasonably 

feasible, the Bureau must permit any 

qualified individual with a disability 

who wishes to participate in the 

program that is not separate or different 

to do so. 

(4) The Bureau 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 individuals with 

disabilities to unlawful discrimination 

on the basis of disability; or 

(ii) Defeat or substantially impair 

accomplishment of the objectives of a 

program or activity with respect to 

individuals with disabilities. 

(5) The Bureau may not, in 

determining the site or location of a 

facility, make selections the purpose or 

effect of which would— 

(i) Exclude individuals with 

disabilities from, deny them the benefits 

of, or otherwise subject them to 

unlawful discrimination under any 


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Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Rules and Regulations 46611 

program or activity conducted by the 

Bureau; or 

(ii) Defeat or substantially impair the 

accomplishment of the objectives of a 

program or activity with respect to 

individuals with disabilities. 

(6) The Bureau, in the selection of 

procurement contractors, may not use 

criteria that subject qualified 

individuals with disabilities to unlawful 

discrimination on the basis of disability. 

(7) The Bureau may not administer a 

licensing or certification program in a 

manner that subjects qualified 

individuals with disabilities to unlawful 

discrimination on the basis of disability, 

nor may the Bureau establish 

requirements for the programs or 

activities of licensees or certified 

entities that subject qualified 

individuals with disabilities to unlawful 

discrimination on the basis of disability. 

However, the programs or activities of 

entities that are licensed or certified by 

the Bureau are not, themselves, covered 

by this part. 

(8) The Bureau shall make reasonable 

modifications in policies, practices, or 

procedures when the modifications are 

necessary to avoid discrimination on the 

basis of disability, unless the Bureau 

can demonstrate that making the 

modifications would fundamentally 

alter the nature of the program, service, 

or activity. 

(c) The exclusion of persons who have 

not self-identified as having disabilities 

from the benefits of a program limited 

by federal statute or Executive order to 

individuals with disabilities or the 

exclusion of a specific class of 

individuals with disabilities from a 

program limited by federal statute or 

Executive order to a different class of 

individuals with disabilities is not 

prohibited by this part. 

(d) The Bureau shall administer 

programs and activities in the most 

integrated setting appropriate to the 

needs of qualified individuals with 

disabilities. 

§ 1072.107 Employment. 

No qualified individual with 

disability shall, on the basis of 

disability, be subjected to unlawful 

discrimination in employment under 

any program or activity conducted by 

the Bureau. The definitions, 

requirements and procedures of § 501 of 

the Rehabilitation Act of 1973, 29 U.S.C. 

791, as established by the Equal 

Employment Opportunity Commission 

in 29 CFR parts 1614 and 1630, shall 

apply to employment in federally 

conducted programs or activities. 

§ 1072.108 Program accessibility: 

Discrimination prohibited. 

Except as otherwise provided in 

§ 1072.109 no qualified individual with 

a disability shall, because the Bureau’s 

facilities are inaccessible to or unusable 

by individuals with disabilities, be 

denied the benefits of, be excluded from 

participation in, or otherwise be 

subjected to discrimination under any 

program or activity conducted by the 

Bureau . 

§ 1072.109 Program accessibility: Existing 

facilities. 

(a) General. The Bureau shall operate 

each program or activity so that the 

program or activity, when viewed in its 

entirety, is accessible to and usable by 

individuals with disabilities. This 

paragraph does not require the Bureau 

(1) To make structural alterations in 

each of its existing facilities in order to 

make them accessible to and usable by 

individuals with disabilities where 

other methods are effective in achieving 

compliance with this section; or 

(2) To take any action that would 

result in a fundamental alteration in the 

nature of a program or activity or in 

undue financial and administrative 

burdens. If an action would result in 

such an alteration or such burdens, the 

Bureau shall take any other action that 

would not result in such an alteration or 

such burdens but would nevertheless to 

the extent reasonably feasible ensure 

that individuals with disabilities receive 

the benefits and services of the program 

or activity. 

(b) Methods. The Bureau 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 its programs or activities readily 

accessible to and usable by individuals 

with disabilities. The Bureau, in making 

alterations to existing buildings, shall 

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 Bureau 

shall give priority to those methods that 

offer programs and activities to qualified 

individuals with disabilities in the most 

integrated setting appropriate. 

(c) Time period for compliance. The 

Bureau shall comply with the 

obligations established under this 

section within ninety (90) days of the 

effective date of this part except that 

where structural changes in facilities are 

undertaken, such changes in facilities 

are undertaken, such changes shall be 

made within three years of the effective 

date of this part, but in any event as 

expeditiously as possible. 

§ 1072.110 Program accessibility: New 

construction and alterations. 

Each building or part of a building 

that is constructed or altered by, on 

behalf of, or for the use of the Bureau 

shall be designed, constructed, or 

altered so as to be readily accessible to 

and usable by individuals with 

disabilities. The definitions, 

requirements, and standards of the 

Architectural Barriers Act (42 U.S.C. 

4151–4157), as implemented in 41 CFR 

101–19.600 through 101–19.607, apply 

to buildings covered by this section. 

§ 1072.111 Communications. 

(a) The Bureau shall take appropriate 

steps to effectively communicate with 

applicants, participants, personnel of 

other federal entities, and members of 

the public. 

(1) The Bureau shall furnish 

appropriate auxiliary aids where 

necessary to afford an individual with a 

disability an equal opportunity to 

participate in, and enjoy the benefits of, 

a program or activity conducted by the 

Bureau. 

(i) In determining what type of 

auxiliary aid is necessary, the Bureau 

shall give consideration to any 

reasonable request of the individual 

with a disability. 

(ii) The Bureau need not provide 

individually prescribed devices, readers 

for personal use or study, or other 

devices of a personal nature to 

applicants or participants in programs. 

(2) Where the Bureau communicates 

with applicants and beneficiaries by 

telephone, the Bureau shall use a 

telecommunication device for deaf 

persons (TDD’s) or equally effective 

telecommunication systems to 

communicate with persons with 

impaired hearing. 

(b) The Bureau shall make available to 

interested persons, including persons 

with impaired vision or hearing, 

information as to the existence and 

location of accessible services, 

activities, and facilities. 

(c) The Bureau shall post notices at a 

primary entrance to each of its 

inaccessible facilities, directing users to 

an accessible facility, or 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. 


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46612 Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Rules and Regulations 

(d) This section does not require the 

Bureau to take any action that would 

result in a fundamental alteration in the 

nature of a program or activity or in 

undue financial and administrative 

burdens. 

§ 1072.112. 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 and 

activities conducted by the Bureau and 

denial of access to electronic and 

information technology. 

(b) The Bureau shall process 

complaints alleging violations of section 

504 with respect to employment 

according to the procedures established 

by the Equal Employment Opportunity 

Commission in 29 CFR part 1614 

pursuant to section 501 of the 

Rehabilitation Act of 1973 (29 U.S.C. 

791). 

(c) All other complaints alleging 

violations of section 504 or section 508 

may be sent to Labor and Employee 

Relations, Office of the Chief Human 

Capital Officer Consumer Financial 

Protection Bureau, 1700 G Street NW., 

Washington, DC 20052. The Office of 

the Chief Human Capital Officer shall be 

responsible for coordinating 

implementation of this section. 

(d) Complaint-filing procedures. (1) 

Any person who believes that he or she 

has been subjected to discrimination 

prohibited by this part may by himself 

or herself or by his or her authorized 

representative file a complaint. Any 

person who believes that any specific 

class of persons has been subjected to 

discrimination prohibited by this part 

and who is a member of that class or the 

authorized representative of a member 

of that class may file a class complaint. 

(2) The Bureau shall accept and 

investigate each timely filed, complete 

complaint over which it has 

jurisdiction. 

(3) A complete complaint must be 

filed within 180 days of the alleged act 

of discrimination. A complaint 

submitted to the Bureau via first-class 

mail will be deemed to have been filed 

when postmarked. A complaint 

submitted to the Bureau via any other 

means of delivery will be deemed to 

have been filed when received by the 

Bureau. The Bureau may extend this 

time period for good cause. 

(e) If the Bureau receives a complaint 

over which it does not have jurisdiction, 

it shall promptly notify the complainant 

and shall make reasonable efforts to 

refer the complaint to the appropriate 

government entity. 

(f) The Bureau shall 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 Act of 1968, as 

amended (42 U.S.C. 4151–4157), is not 

readily accessible to and usable by 

individuals with disabilities. 

(g)(1) Within 180 days of the receipt 

of a timely filed, complete complaint 

over which it has jurisdiction, the 

Bureau shall notify the complainant of 

the results of the investigation in a letter 

containing: 

(i) Findings of fact and conclusions of 

law; 

(ii) A description of a remedy for each 

violation found; and 

(iii) A notice of the right to appeal. 

(2) Bureau employees are required to 

cooperate in the investigation and 

attempted resolution of complaints. 

Employees who are required to 

participate in any investigation under 

this section shall do so as part of their 

official duties and during the course of 

regular duty hours. 

(3) If a complaint is resolved 

informally, the terms of the agreement 

shall be reduced to writing and made 

part of the complaint file, with a copy 

of the agreement provided to the 

complainant. The written agreement 

shall describe the subject matter of the 

complaint and any corrective action to 

which the parties have agreed. 

(h) Appeals of the findings of fact and 

conclusions of law or remedies must be 

filed by the complainant within 30 days 

of receipt from the Bureau of the letter 

required by § 1072.112(g). The Bureau 

may extend this time for good cause. 

(i) Timely appeals shall be accepted 

and processed by the Chief Human 

Capital Officer, who will issue the final 

agency decision which may include 

appropriate corrective action to be taken 

by the Bureau. 

(j) The Bureau shall notify the 

complainant of the results of the appeal 

within 60 days of the receipt of the 

timely appeal. If the Bureau determines 

that it needs additional information 

from the complainant, it shall have 60 

days from the date it received the 

additional information to make its 

determination on the appeal. 

(k) The time limits cited in paragraphs 

(g) and (j) of this section may be 

extended for an individual case when 

the Chief Human Capital Officer 

determines there is good cause, based 

on the particular circumstances of that 

case, for the extension. 

(l) The Bureau may delegate its 

authority for conducting complaint 

investigations to other federal agencies 

or may contract with a nongovernment 

investigator to perform the 

investigation, but the authority for 

making the final determination may not 

be delegated to another entity. 

Dated: June 18, 2012. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2012–18827 Filed 8–3–12; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 510, 522, and 524 

[Docket No. FDA–2012–N–0002] 

New Animal Drugs; Change of 

Sponsor; Change of Sponsor Address; 

Azaperone; Miconazole, Polymyxin B, 

and Prednisolone Suspension 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect a 

change of sponsor for two new animal 

drug applications (NADAs) from Janssen 

Pharmaceutica NV, to Elanco Animal 

Health, a Division of Eli Lilly & Co. FDA 

is also amending the animal drug 

regulations to reflect a change of 

sponsor’s address for Veterinary 

Service, Inc. 

DATES: This rule is effective August 6, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Steven D. Vaughn, Center for Veterinary 

Medicine (HFV–100), Food and Drug 

Administration, 7520 Standish Pl., 

Rockville, MD 20855, 240–276–8300, 

email: steven.vaughn@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Janssen 

Pharmaceutica NV, Turnhoutseweg 30, 

B–2340 Beerse, Belgium, has informed 

FDA that it has transferred ownership 

of, and all rights and interest in, NADA 

115–732 for STRESNIL (azaperone) 

Injection and NADA 141–298 for 

SUROLAN (miconazole nitrate, 

polymyxin B sulfate, prednisolone 

acetate) Otic Suspension to Elanco 

Animal Health, a Division of Eli Lilly & 

Co., Lilly Corporate Center, 

Indianapolis, IN 46285. Following these 

changes of sponsorship, Janssen 

Pharmaceutica NV will no longer be the 

sponsor of an approved application. 

Accordingly, the Agency is amending 

the regulations in 21 CFR 510.600, 

522.150, and 524.1445 to reflect the 

transfer of ownership. 

In addition, Veterinary Service, Inc., 

416 North Jefferson St., P.O. Box 2467, 


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