23674 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Proposed Rules 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. Send 

information to ATTN: Todd Thompson, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1175; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) Airworthiness 

Directive 2008–0036, dated February 22, 

2008; and BAE Systems (Operations) Limited 

Service Bulletin J41–32–086, dated June 27, 

2007; for related information. 

Issued in Renton, Washington, on May 7, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–11710 Filed 5–19–09; 8:45 am] 

BILLING CODE 4910–13–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Parts 1601, 1602, 1603, 1607, 

1610, 1611, 1614, 1625, and 1690 

RIN 3046–AA88 

Amendment of Procedural and 

Administrative Regulations To Include 

the Genetic Information 

Nondiscrimination Act of 2008 (GINA) 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Equal Employment 

Opportunity Commission (‘‘EEOC’’ or 

‘‘Commission’’) proposes to amend 

some of its existing regulations to 

include references to title II of the 

Genetic Information Nondiscrimination 

Act of 2008 (‘‘GINA’’), which prohibits 

employment discrimination based on 

genetic information. 

DATES: Comments must be received on 

or before July 20, 2009. 

ADDRESSES: Send written comments by 

mail to Stephen Llewellyn, Executive 

Officer, Executive Secretariat, Equal 

Employment Opportunity Commission, 

131 M Street, NE., Suite 6NE03F, 

Washington, DC 20507. Written 

comments of six or fewer pages may be 

faxed to the Executive Secretariat at 

(202) 663–4114. (There is no toll free 

FAX number.) Receipt of facsimile 

transmittals will not be acknowledged, 

except that the sender may request 

confirmation of receipt by calling the 

Executive Secretariat staff at (202) 663– 

4070 (voice) or (202) 663–4074 (TTY). 

(These are not toll free numbers.) 

Instead of sending written comments to 

EEOC, comments may be submitted to 

EEOC electronically on the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. After accessing 

this Web site, follow its instructions for 

submitting comments. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information you provide. 

Copies of the received comments also 

will be available for inspection in the 

EEOC Library by advance appointment 

only, from 9 a.m. to 5 p.m., Monday 

through Friday except legal holidays, 

from July 20, 2009 until the Commission 

publishes the rule in final form. Persons 

who schedule an appointment in the 

EEOC Library and need assistance to 

view the comments will be provided 

with appropriate aids upon request, 

such as readers or print magnifiers. To 

schedule an appointment to inspect the 

comments at the EEOC Library, contact 

the EEOC Library by calling (202) 663– 

4630 (voice) or (202) 663–4641 (TTY). 

(These are not toll free numbers.) 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Schlageter, Assistant Legal 

Counsel, (202) 663–4668, or Erin N. 

Norris, Senior Attorney, (202) 663–4876, 

Office of Legal Counsel, 131 M Street, 

NE., Washington, DC 20507. Copies of 

this rule are available in the following 

alternate formats: large print, braille, 

electronic computer disk, and audiotape. Requests for this notice in an 

alternative format should be made to the 

Publications Center at 1–800–699–3362 

(voice), 1–800–800–3302 (TTY), or 703– 

821–2098 (FAX—this is not a toll free 

number). 

SUPPLEMENTARY INFORMATION: On May 

21, 2008, President George W. Bush 

signed the Genetic Information 

Nondiscrimination Act of 2008 

(‘‘GINA’’) into law. Title II of GINA 

protects job applicants, current and 

former employees, labor union 

members, and apprentices and trainees 

from discrimination based on their 

genetic information. Title II of GINA’s 

coverage corresponds with that of Title 

VII of the Civil Rights Act of 1964, as 

amended, covering employers with 15 

or more employees, employment 

agencies, labor unions, and joint labormanagement training programs, as well 

as federal sector employers. Title II will 

become effective on November 21, 2009. 

In a separate notice of proposed 

rulemaking, found at 74 FR 9056, EEOC 

issued proposed interpretive regulations 

under GINA. In the current rulemaking, 

EEOC is proposing to amend its 

procedural and administrative 

regulations to add references to GINA. 

In addition, EEOC is taking the 

opportunity to replace the outdated 

terms ‘‘handicap’’ and ‘‘handicaps’’ 

with the terms ‘‘disability’’ and 

‘‘disabilities’’ throughout its regulations 

in Chapter XIV of Title 29 of the Code 

of Federal Regulations. 

Regulatory Procedures 

Executive Order 12866 

The Commission has complied with 

the principles in section 1(b) of 

Executive Order 12866, Regulatory 

Planning and Review. This rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of the Order 12866, and does 

not require an assessment of potential 

costs and benefits under section 6(a)(3) 

of the Order. 

Paperwork Reduction Act 

This regulation contains no new 

information collection requirements 

subject to review by the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

Regulatory Flexibility Act 

The Commission certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities 

because it only adds references and does 

not impose a burden on any business 

entities. For this reason, a regulatory 

flexibility analysis is not required. 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Proposed Rules 23675 

Congressional Review Act 

This action does not substantially 

affect the rights or obligations of nonagency parties and, accordingly, is not 

a ‘‘rule’’ as that term is used by the 

Congressional Review Act (Subtitle E of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA)). Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply. 

List of Subjects in 29 CFR Parts 1601, 

1602, 1603, 1607, 1610, 1611, 1614, 

1625, and 1690 

Administrative practice and 

procedure, Equal employment 

opportunity. 

For the Commission. 

Dated: May 12, 2009. 

Stuart J. Ishimaru, 

Acting Chairman. 

Accordingly, it is proposed to amend 

29 CFR parts 1601, 1602, 1603, 1607, 

1610, 1611, 1614, 1625, and 1690 as 

follows: 

PART 1601—PROCEDURAL 

REGULATIONS 

1. The authority citation for part 1601 

is revised to read as follows: 

Authority: 42 U.S.C. 2000e to 2000e–17; 42 

U.S.C. 12111 to 12117; 42 U.S.C. 2000ff to 

2000ff–11. 

2. Section 1601.1 is revised to read as 

follows: 

§ 1601.1 Purpose. 

The regulations set forth in this part 

contain the procedures established by 

the Equal Employment Opportunity 

Commission for carrying out its 

responsibilities in the administration 

and enforcement of title VII of the Civil 

Rights Act of 1964, the Americans with 

Disabilities Act of 1990, and the Genetic 

Information Nondiscrimination Act of 

2008. Section 107 of the Americans with 

Disabilities Act and section 207 of the 

Genetic Information Nondiscrimination 

Act incorporate the powers, remedies 

and procedures set forth in sections 705, 

706, 707, 709 and 710 of the Civil Rights 

Act of 1964. Based on its experience in 

the enforcement of title VII, the 

Americans with Disabilities Act, and the 

Genetic Information Nondiscrimination 

Act, and upon its evaluation of 

suggestions and petitions for 

amendments submitted by interested 

persons, the Commission may from time 

to time amend and revise these 

procedures. 

3. Section 1601.2 is revised to read as 

follows: 

§ 1601.2 Terms Defined in Title VII of the 

Civil Rights Act, the Americans With 

Disabilities Act, and the Genetic Information 

Nondiscrimination Act. 

The terms person, employer, 

employment agency, labor organization, 

employee, commerce, industry affecting 

commerce, State and religion as used in 

this part shall have the meanings set 

forth in section 701 of title VII of the 

Civil Rights Act of 1964. The term 

disability shall have the meaning set 

forth in section 3 of the Americans with 

Disabilities Act of 1990. The term 

genetic information shall have the 

meaning set forth in section 201 of the 

Genetic Information Nondiscrimination 

Act of 2008. 

4. Section 1601.3 is amended by 

revising paragraph (a) to read as follows: 

§ 1601.3 Other definitions. 

(a) For the purposes of this part, the 

term title VII shall mean title VII of the 

Civil Rights Act of 1964; the term ADA 

shall mean the Americans with 

Disabilities Act of 1990; the term GINA 

shall mean the Genetic Information 

Nondiscrimination Act of 2008; the term 

Commission shall mean the Equal 

Employment Opportunity Commission 

or any of its designated representatives; 

Washington Field Office shall mean the 

Commission’s primary nonHeadquarters office serving the District 

of Columbia and surrounding Maryland 

and Virginia suburban counties and 

jurisdictions; the term FEP agency shall 

mean a State or local agency which the 

Commission has determined satisfies 

the criteria stated in section 706(c) of 

title VII; and the term verified shall 

mean sworn to or affirmed before a 

notary public, designated representative 

of the Commission, or other person duly 

authorized by law to administer oaths 

and take acknowledgements, or 

supported by an unsworn declaration in 

writing under penalty of perjury. 

* * * * * 

5. Section 1601.28 is amended as 

follows: 

a. In paragraphs (a)(3) and (b)(1), 

remove the words ‘‘title VII or the ADA’’ 

and add in their place the words ‘‘title 

VII, the ADA, or GINA’’ wherever they 

appear; 

b. Revise paragraph (e)(1) to read as 

follows: 

§ 1601.28 Notice of right to sue: Procedure 

and authority. 

* * * * * 

(e) * * * 

(1) Authorization to the aggrieved 

person to bring a civil action under title 

VII, the ADA, or GINA pursuant to 

section 706(f)(1) of title VII, section 107 

of the ADA, or section 207 of GINA 

within 90 days from receipt of such 

authorization; 

* * * * * 

§§ 1601.6, 1601.7, 1601.10, 1601.11, 1601.13, 

1601.18, 1601.21, 1601.22, 1601.24, 1601.25, 

1601.26, 1601.30, 1601.70, and 1601.79 

[Amended] 

6. Remove the words ‘‘title VII or the 

ADA’’ and add in their place the words 

‘‘title VII, the ADA, or GINA’’ wherever 

they appear in the following places: 

a. § 1601.6(a); 

b. § 1601.7(a); 

c. § 1601.10; 

d. § 1601.11(b); 

e. § 1601.13(a)(3)(i), (a)(4)(i); 

f. § 1601.18(a); 

g. § 1601.21(a), (e)(2)(iii); 

h. § 1601.22, third sentence; 

i. § 1601.24(c); 

j. § 1601.25; 

k. § 1601.26(a); 

l. § 1601.30(a); 

m. § 1601.70(d); 

n. § 1601.79. 

§§ 1601.16, 1601.17, 1601.30, and 1601.34 

[Amended] 

7. Remove the words ‘‘title VII and the 

ADA’’ and add in their place the words 

‘‘title VII, the ADA, and GINA’’ 

wherever they appear in the following 

places: 

a. § 1601.16(a); 

b. § 1601.17(a); 

c. § 1601.30(a); 

d. § 1601.34. 

8. In the first sentence of § 1601.22 

remove the words ‘‘the ADA or title VII’’ 

and add in their place the words ‘‘title 

VII, the ADA, or GINA’’ wherever they 

appear. 

PART 1602—RECORDKEEPING AND 

REPORTING REQUIREMENTS UNDER 

TITLE VII, THE ADA, AND GINA 

9. The authority citation for part 1602 

is revised to read as follows: 

Authority: 42 U.S.C. 2000e–8, 2000e–12; 

44 U.S.C. 3501 et seq.; 42 U.S.C. 12117; 42 

U.S.C. 2000ff–6. 

10. The heading for part 1602 is 

revised to read as set forth above. 

11. Section 1602.1 is revised to read 

as follows: 

§ 1602.1 Purpose and scope. 

Section 709 of title VII (42 U.S.C. 

2000e), section 107 of the Americans 

with Disabilities Act (ADA) (42 U.S.C. 

12117), and section 207(a) of the 

Genetic Information Nondiscrimination 

Act (GINA) (42 U.S.C. 2000ff–6) require 

the Commission to establish regulations 

pursuant to which employers, labor 

organizations, joint labor-management 

committees, and employment agencies 

subject to those Acts shall make and 

23676 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Proposed Rules 

preserve certain records and shall 

furnish specified information to aid in 

the administration and enforcement of 

the Acts. 

§§ 1602.11, 1602.12, 1602.19, 1602.26, 

1602.37, 1602.45, and 1602.54 [Amended] 

12. Remove the words ‘‘title VII or the 

ADA’’ and add in their place the words 

‘‘title VII, the ADA, or GINA’’; and 

remove the words ‘‘section 709(c) of 

title VII or section 107 of the ADA’’ and 

add in their place the words ‘‘section 

709(c) of title VII, section 107 of the 

ADA, or section 207(a) of GINA’’ 

wherever they appear in the following 

places: 

a. § 1602.11; 

b. § 1602.12; 

c. § 1602.19; 

d. § 1602.26; 

e. § 1602.37; 

f. § 1602.45; 

g. § 1602.54. 

PART 1603—PROCEDURES FOR 

PREVIOUSLY EXEMPT STATE AND 

LOCAL GOVERNMENT EMPLOYEE 

COMPLAINTS OF EMPLOYMENT 

DISCRIMINATION UNDER SECTION 

321 OF THE GOVERNMENT 

EMPLOYEE RIGHTS ACT OF 1991 

13. The authority citation for part 

1603 is revised to read as follows: 

Authority: 42 U.S.C. 2000e–16c; 42 U.S.C. 

2000ff–6(b). 

14. Section 1603.102(a) is revised to 

read as follows: 

§ 1603.102 Filing a complaint. 

(a) Who may make a complaint. 

Individuals referred to in § 1603.101 

who believe they have been 

discriminated against on the basis of 

race, color, religion, sex, national origin, 

age, disability, or genetic information, or 

retaliated against for opposing any 

practice made unlawful by Federal laws 

protecting equal employment 

opportunity or for participating in any 

stage of administrative or judicial 

proceedings under Federal laws 

protecting equal employment 

opportunity may file a complaint not 

later than 180 days after the occurrence 

of the alleged discrimination. 

* * * * * 

PART 1607—UNIFORM GUIDELINES 

ON EMPLOYEE SELECTION 

PROCEDURES (1978) 

15. The authority citation for part 

1607 continues to read as follows: 

Authority: Secs. 709 and 713, Civil Rights 

Act of 1964 (78 Stat. 265) as amended by the 

Equal Employment Opportunity Act of 1972 

(Pub. L. 92–261); 42 U.S.C. 2000e–8, 2000e– 

12. 

16. In § 1607.2(D), remove the word 

‘‘handicap’’ and add in its place the 

word ‘‘disability.’’ 

PART 1610—AVAILABILITY OF 

RECORDS 

17. The authority citation for part 

1610 continues to read as follows: 

Authority: 42 U.S.C. 2000e–12(a), 5 U.S.C. 

552 as amended by Public Law 93–502, 

Public Law 99–570, and Public Law 105–231; 

for § 1610.15, non-search or copy portions are 

issued under 31 U.S.C. 9701. 

18. Section 1610.7(a)(4) is revised to 

read as follows: 

§ 1610.7 Where to make request; form. 

(a) * * * 

(4) Materials in office investigative 

files related to charges under: Title VII 

of the Civil Rights Act of 1964 (42 

U.S.C. 2000e et seq.); the Equal Pay Act 

(29 U.S.C. 206(d)); the Age 

Discrimination in Employment Act of 

1967 (29 U.S.C. 621 et seq.); the 

Americans with Disabilities Act of 1990 

(42 U.S.C. 12101 et seq.); or the Genetic 

Information Nondiscrimination Act of 

2008 (42 U.S.C. 2000ff et seq.). 

* * * * * 

19. Section 1610.17(f) is revised to 

read as follows: 

§ 1610.17 Exemptions. 

* * * * * 

(f) Section 107 of the Americans with 

Disabilities Act of 1990 (42 U.S.C. 

12117) and Section 207(a) of the Genetic 

Information Nondiscrimination Act of 

2008 (42 U.S.C. 2000ff–6) explicitly 

adopt the powers, remedies, and 

procedures set forth in sections 706 and 

709 of title VII. Accordingly, the 

prohibitions on disclosure contained in 

sections 706 and 709 of title VII as 

outlined in paragraphs (b), (c), (d), and 

(e) of this section, apply with equal 

force to requests for information related 

to charges and executed statistical 

reporting forms filed with the 

Commission under the Americans with 

Disabilities Act or the Genetic 

Information Nondiscrimination Act. 

* * * * * 

PART 1611—PRIVACY ACT 

REGULATIONS 

20. The authority citation for part 

1611 continues to read as follows: 

Authority: 5 U.S.C. 552a. 

21. Section 1611.13 is amended by 

revising the introductory text, the first 

sentence of paragraph (a), and the first 

sentence of paragraph (c) to read as 

follows: 

§ 1611.13 Specific Exemptions—Charge 

and complaint files. 

Pursuant to subsection (k)(2) of the 

Act, 5 U.S.C. 552a(k)(2), systems EEOC– 

1 (Age and Equal Pay Act 

Discrimination Case Files), EEOC–3 

(Title VII, Americans with Disabilities 

Act, and GINA Discrimination Case 

Files), EEOC–15 (Internal Harassment 

Inquiries) and EEOC/GOVT–1 (Equal 

Employment Opportunity Complaint 

Records and Appeal Records) are 

exempt from subsections (c)(3), (d), 

(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f) 

of the Privacy Act. The Commission has 

determined to exempt these systems 

from the above named provisions of the 

Privacy Act for the following reasons: 

(a) The files in these systems contain 

information obtained by the 

Commission and other Federal agencies 

in the course of harassment inquiries, 

and investigations of charges and 

complaints that violations of Title VII of 

the Civil Rights Act, the Age 

Discrimination in Employment Act, the 

Equal Pay Act, the Americans with 

Disabilities Act, the Rehabilitation Act, 

and the Genetic Information 

Nondiscrimination Act have occurred. 

* * * 

* * * * * 

(c) Subject individuals of the files in 

EEOC–1 (Age and Equal Pay Act 

Discrimination Case Files), EEOC–3 

(Title VII, Americans with Disabilities 

Act, and GINA Discrimination Case 

Files), and EEOC/GOVT–1 (Equal 

Employment Opportunity Complaint 

Records and Appeal Records) have been 

provided a means of access to their 

records by the Freedom of Information 

Act. * * * 

* * * * * 

PART 1614—FEDERAL SECTOR 

EQUAL EMPLOYMENT OPPORTUNITY 

22. The authority citation for part 

1614 is revised to read as follows: 

Authority: 29 U.S.C. 206(d), 633a, 791 and 

794a; 42 U.S.C. 2000e–16 and 2000ff–6(e); 

E.O. 10577, 3 CFR, 1954–1958 Comp., p. 218; 

E.O. 11222, 3 CFR, 1964–1965 Comp., p. 306; 

E.O. 11478, 3 CFR, 1969 Comp., p. 133; E.O. 

12106, 3 CFR, 1978 Comp., p. 263; Reorg. 

Plan No. 1 of 1978, 3 CFR, 1978 Comp., p. 

321. 

23. Section 1614.101 is revised to read 

as follows: 

§ 1614.101 General policy. 

(a) It is the policy of the Government 

of the United States to provide equal 

opportunity in employment for all 

persons, to prohibit discrimination in 

employment because of race, color, 

religion, sex, national origin, age, 

disability, or genetic information and to 

Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Proposed Rules 23677 

promote the full realization of equal 

employment opportunity through a 

continuing affirmative program in each 

agency. 

(b) No person shall be subject to 

retaliation for opposing any practice 

made unlawful by title VII of the Civil 

Rights Act (title VII) (42 U.S.C. 2000e et 

seq.), the Age Discrimination in 

Employment Act (ADEA) (29 U.S.C. 621 

et seq.), the Equal Pay Act (29 U.S.C. 

206(d)), the Rehabilitation Act (29 

U.S.C. 791 et seq.), or the Genetic 

Information Nondiscrimination Act 

(GINA) (42 U.S.C. 2000ff et seq.) or for 

participating in any stage of 

administrative or judicial proceedings 

under those statutes. 

24. Section 1614.102(a)(4) is revised 

to read as follows: 

§ 1614.102 Agency program. 

(a) * * * 

(4) Communicate the agency’s equal 

employment opportunity policy and 

program and its employment needs to 

all sources of job candidates without 

regard to race, color, religion, sex, 

national origin, age, disability, or 

genetic information, and solicit their 

recruitment assistance on a continuing 

basis; 

* * * * * 

25. Section 1614.103(a) is revised to 

read as follows: 

§ 1614.103 Complaints of discrimination 

covered by this part. 

(a) Individual and class complaints of 

employment discrimination and 

retaliation prohibited by title VII 

(discrimination on the basis of race, 

color, religion, sex and national origin), 

the ADEA (discrimination on the basis 

of age when the aggrieved individual is 

at least 40 years of age), the 

Rehabilitation Act (discrimination on 

the basis of disability), the Equal Pay 

Act (sex-based wage discrimination), or 

GINA (discrimination on the basis of 

genetic information) shall be processed 

in accordance with this part. 

Complaints alleging retaliation 

prohibited by these statutes are 

considered to be complaints of 

discrimination for purposes of this part. 

* * * * * 

26. Section 1614.105(a) is revised to 

read as follows: 

§ 1614.105 Pre-complaint processing. 

(a) Aggrieved persons who believe 

they have been discriminated against on 

the basis of race, color, religion, sex, 

national origin, age, disability, or 

genetic information must consult a 

Counselor prior to filing a complaint in 

order to try to informally resolve the 

matter. 

* * * * * 

27. Section 1614.204(a)(1) is revised 

to read as follows: 

§ 1614.204 Class complaints. 

(a) * * * 

(1) A class is a group of employees, 

former employees or applicants for 

employment who, it is alleged, have 

been or are being adversely affected by 

an agency personnel management policy 

or practice that discriminates against the 

group on the basis of their race, color, 

religion, sex, national origin, age, 

disability, or genetic information. 

* * * * * 

28. Section 1614.302(a) is revised to 

read as follows: 

§ 1614.302 Mixed case complaints. 

(a) Definitions—(1) Mixed case 

complaint. A mixed case complaint is a 

complaint of employment 

discrimination filed with a federal 

agency based on race, color, religion, 

sex, national origin, age, disability, or 

genetic information related to or 

stemming from an action that can be 

appealed to the Merit Systems 

Protection Board (MSPB). The 

complaint may contain only an 

allegation of employment 

discrimination or it may contain 

additional allegations that the MSPB has 

jurisdiction to address. 

(2) Mixed case appeals. A mixed case 

appeal is an appeal filed with the MSPB 

that alleges that an appealable agency 

action was effected, in whole or in part, 

because of discrimination on the basis 

of race, color, religion, sex, national 

origin, disability, age, or genetic 

information. 

* * * * * 

29. Section 1614.304(b)(3) is revised 

to read as follows: 

§ 1614.304 Contents of petition. 

* * * * * 

(b) * * * 

(3) A statement of the reasons why the 

decision of the MSPB is alleged to be 

incorrect, in whole or in part, only with 

regard to issues of discrimination based 

on race, color, religion, sex, national 

origin, age, disability , or genetic 

information; 

* * * * * 

30. Section 1614.601 is amended as 

follows: 

a. Remove the word ‘‘handicap’’ and 

add in its place the word ‘‘disability’’ 

wherever it appears in paragraphs (f) 

and (g); 

b. Remove the word ‘‘handicaps’’ and 

add in its place the word ‘‘disabilities’’ 

wherever it appears in paragraph (f); 

c. Remove the word ‘‘handicap(s)’’ 

and add in its place the word 

‘‘disability’’ in paragraph (a). 

31. Section 1614.702(j) is revised to 

read as follows: 

§ 1614.702 Definitions. 

* * * * * 

(j) The term basis of alleged 

discrimination refers to the individual’s 

protected status (i.e., race, color, 

religion, reprisal, sex, national origin, 

Equal Pay Act, age, disability, or genetic 

information). Only those bases protected 

by Title VII of the Civil Rights Act of 

1964, as amended, 42 U.S.C. 2000e et 

seq., the Equal Pay Act of 1963, 29 

U.S.C. 206(d), the Age Discrimination in 

Employment Act of 1967, as amended, 

29 U.S.C. 621 et seq., the Rehabilitation 

Act of 1973, as amended, 29 U.S.C. 791 

et seq., and the Genetic Information 

Nondiscrimination Act, 42 U.S.C. 2000ff 

et seq., are covered by the Federal EEO 

process. 

* * * * * 

PART 1625—AGE DISCRIMINATION IN 

EMPLOYMENT ACT 

32. The authority citation for part 

1625 continues to read as follows: 

Authority: 81 Stat. 602; 29 U.S.C. 621, 5 

U.S.C. 301, Secretary’s Order No. 10–68; 

Secretary’s Order No. 11–68; sec. 12, 29 

U.S.C. 631, Pub. L. 99–592, 100 Stat. 3342; 

sec. 2, Reorg. Plan No. 1 of 1978, 43 FR 

19807. 

33. In § 1625.31(a), remove the word 

‘‘handicapped’’ and add in its place the 

phrase ‘‘individuals with disabilities.’’ 

PART 1690—PROCEDURES ON 

INTERAGENCY COORDINATION OF 

EQUAL EMPLOYMENT OPPORTUNITY 

ISSUANCES 

34. The authority citation for part 

1690 continues to read as follows: 

Authority: Sec. 715 of title VII of the Civil 

Rights Act of 1964, as amended, (42 U.S.C. 

2000e–14); Reorganization Plan No. 1 of 

1978, 43 FR 19807; E.O. 12067, 43 FR 28967. 

35. In § 1690.102, remove the word 

‘‘handicap’’ and add in its place the 

word ‘‘disability.’’ 

[FR Doc. E9–11560 Filed 5–19–09; 8:45 am] 

BILLING CODE 6570–01–P