DOT 49 CFR PART 807-2010 ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE NATIONAL TRANSPORTATION SAFETY BOARD.pdf

1、567 National Transportation Safety Board 807.103 (d) Declassification event means an event which would eliminate the need for continued classification. 806.4 Mandatory review for declas-sification. (a) Requests for mandatory review for declassification under section 3501 of E.O. 12065 must be in wri

2、ting and should be addressed to: National Secu-rity Oversight Officer, National Trans-portation Safety Board, Washington, DC 20594. (b) The requester shall be informed of the date of receipt of the request at the Board. This date will be the basis for the time limits specified by section 3 501 of E.

3、O. 12065. If the request does not reasonably describe the information sought, the requester shall be notified that, unless additional information is provided or the request is made more specific, no further action will be taken. (c) When the Board receives a request for information in a document whi

4、ch is in its custody but which was classified by another agency, it shall refer the re-quest to the appropriate agency for re-view, together with a copy of the docu-ment containing the information re-quested, where practicable. The Board shall also notify the requester of the referral, unless the as

5、sociation of the reviewing agency with the information requires protection. The reviewing agency shall review the document in coordination with any other agency in-volved or which had a direct interest in the classification of the subject mat-ter. The reviewing agency shall re-spond directly to the

6、requester in ac-cordance with the pertinent procedures described above and, if requested, shall notify the Board of its determination. PART 807ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PRO-GRAMS OR ACTIVITIES CON-DUCTED BY THE NATIONAL TRANSPORTATION SAFETY BOARD Sec. 807.101 Purp

7、ose. 807.102 Application. 807.103 Definitions. 807.104807.109 Reserved 807.110 Self-evaluation. 807.111 Notice. 807.112807.129 Reserved 807.130 General prohibitions against dis-crimination. 807.131807.139 Reserved 807.140 Employment. 807.141807.148 Reserved 807.149 Program accessibility: Discrimina-

8、tion prohibited. 807.150 Program accessibility: Existing fa-cilities. 807.151 Program accessibility: New con-struction and alterations. 807.152807.159 Reserved 807.160 Communications. 807.161807.169 Reserved 807.170 Compliance procedures. AUTHORITY: 29 U.S.C. 794. SOURCE: 51 FR 4578, Feb. 5, 1986, u

9、nless oth-erwise noted. 807.101 Purpose. This part effectuates section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabil-ities Amendments of 1978, which amended section 504 of the Rehabilita-tion Act of 1973 to prohibit discrimina-tion on the basis of handicap in pro-grams

10、 or activities conducted by Exec-utive agencies or the United States Postal Service. 807.102 Application. This part applies to all programs or activities conducted by the agency. 807.103 Definitions. For purposes of this part, the term Assistant Attorney General means the Assistant Attorney General,

11、 Civil Rights Division, United States Depart-ment of Justice. Auxiliary aids means services or de-vices that enable persons with im-paired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the agency. Fo

12、r example, auxiliary aids useful for persons with impaired vision include readers, Brailled materials, audio recordings, telecommunications devices and other similar services and devices. Auxiliary aids useful for per-sons with impaired hearing include telephone handset amplifiers, tele-phones compa

13、tible with hearing aids, telecommunication devices for deaf persons (TDDs), interpreters, VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00577 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted

14、without license from IHS-,-,-568 49 CFR Ch. VIII (10110 Edition) 807.103 notetakers, written materials, and other similar services and devices. Complete complaint means a written statement that contains the complain-ants name and address and describes the agencys alleged discriminatory ac-tion in su

15、fficient detail to inform the agency of the nature and date of the al-leged 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)

16、 the alleged victims of discrimination. 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. Handicapped person means any person who has a physical or mental impair-ment that substan

17、tially 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 phrase: (1) Physical or mental impairment in-cludes (i) Any physiological disorder or con-dition, cosmetic disfigurement, or ana-tomical l

18、oss affecting one of more of the following body systems: Neuro-logical; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or (ii) Any mental or psychological dis-order, such a

19、s mental retardation, or-ganic 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 or-thopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, musc

20、ular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, and drug addiction and alcoholism. (2) Major life activities includes func-tions such as caring for ones self, per-forming manual tasks, walking, seeing, hearing, speaking, breathing, learning

21、, 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 activi-ties. (4) Is regarded as having an impairment means (i) Has a physical or mental impair-ment that

22、 does not substantially limit major life activities but is treated by the agency as constituting such a limi-tation; (ii) Has a physical or mental impair-ment that substantially limits major life activities only as a result of the at-titudes of others toward such impair-ment; or (iii) Has none of th

23、e impairments de-fined in subparagraph (1) of this defini-tion but is treated by the agency as having such an impairment. Qualified handicapped person means (1) With respect to any agency pro-gram or activity under which a person is required to perform services or to achieve a level of accomplishmen

24、t, a handicapped person who meets the es-sential eligibility requirements and who can achieve the purpose of the pro-gram or activity without modifications in the program or activity that the agency can demonstrate would result in a fundamental alteration in its na-ture; or (2) With respect to any o

25、ther pro-gram or activity, a handicapped person who meets the essential eligibility re-quirements for participation in, or re-ceipt of benefits from, that program or activity. (3) Qualified handicapped person is de-fined for purposes of employment in 29 CFR 1613.702(f), which is made applica-ble to

26、this part by 807.140. 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. 93516, 88 Stat. 1617), and the Rehabilitation, Comprehensive Services, and Develop-mental Disabilities

27、 Amendments of 1978 (Pub. L. 95602, 92 Stat. 2955). As used in this part, section 504 applies only to programs or activities con-ducted by Executive agencies and not to federally assisted programs. 51 FR 4579, Feb. 5, 1986; 51 FR 7543, Mar. 5, 1986 VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00

28、000 Frm 00578 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-569 National Transportation Safety Board 807.130 807.104807.109 Reserved 807.110 Self-evaluation. (a) The agency

29、 shall, by April 9, 1987, evaluate its current policies and prac-tices, and the effects thereof, that do not or may not meet the requirements of this part, and to the extent modi-fication of any such policies and prac-tices is required, the agency shall pro-ceed to make the necessary modifica-tions.

30、 (b) The agency shall provide an op-portunity to interested persons, includ-ing handicapped persons or organiza-tions representing handicapped per-sons, to participate in the self-evalua-tion process by submitting comments (both oral and written). (c) The agency shall, until three years following th

31、e completion of the self-evaluation, maintain on file and make available for public inspections: (1) A description of areas examined and any problems identified, and (2) A description of any modifications made. 807.111 Notice. The agency shall make available to employees, applicants, participants, b

32、eneficiaries, and other interested per-sons such information regarding the provisions of this part and its applica-bility to the programs or activities conducted by the agency, and make such information available to them in such manner as the head of the agency finds necessary to apprise such person

33、s of the protections against discrimina-tion assured them by section 504 and this regulation. 807.112807.129 Reserved 807.130 General prohibitions against discrimination. (a) No qualified handicapped person shall, on the basis of handicap, be ex-cluded from participation in, be denied the benefits o

34、f, or otherwise be sub-jected to discrimination under any pro-gram or activity conducted by the agency. (b)(1) The agency, in providing any aid, benefit, or service, may not, di-rectly or through contractual, licens-ing, or other arrangements, on the basis of handicap (i) Deny a qualified handicappe

35、d per-son 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 af-forded others; (iii) Provide a qualified handicapped person

36、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 aid, benefits, or services to handicapped persons or

37、to any class of handicapped persons than is provided to others un-less such action is necessary to provide qualified handicapped persons with aid, benefits, or services that are as effec-tive as those provided to others; (v) Deny a qualified handicapped per-son the opportunity to participate as a me

38、mber of planning or advisory boards; or (vi) Otherwise limit a qualified handicapped person in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiv-ing the aid, benefit, or service. (2) The agency may not deny a quali-fied handicapped person the oppor-tunity to p

39、articipate in programs or activities that are not separate or dif-ferent, despite the existence of permis-sibly separate or different programs or activities. (3) The agency may not, directly or through contractual or other arrange-ments, utilize criteria or methods of administration the purpose or e

40、ffect of which would (i) Subject qualified handicapped per-sons to discrimination on the basis of handicap; or (ii) Defeat or substantially impair ac-complishment of the objectives of a program or activity with respect to handicapped persons. (4) The agency may not, in deter-mining the site or locat

41、ion of a facil-ity, make selections the purpose or ef-fect of which would (i) Exclude handicapped persons from, deny them the benefits of, or oth-erwise subject them to discrimination VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00579 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 o

42、n DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-570 49 CFR Ch. VIII (10110 Edition) 807.131807.139 under any program or activity con-ducted by the agency; or (ii) Defeat or substantially impair the accomplishment of the objec

43、tives of a program or activity with respect to handicapped persons. (5) The agency, in the selection of procurement contractors, may not use criteria that subject qualified handi-capped persons to discrimination on the basis of handicap. (c) The exclusion of nonhandicapped persons from the benefits

44、of a program limited by Federal statute or Execu-tive order to handicapped persons or the exclusion of a specific class of handicapped persons from a program limited by Federal statute or Execu-tive order to a different class of handi-capped persons is not prohibited by this part. (d) The agency sha

45、ll administer pro-grams and activities in the most inte-grated setting appropriate to the needs of qualified handicapped persons. 807.131807.139 Reserved 807.140 Employment. No qualified handicapped person shall, on the basis of handicap, be sub-jected to discrimination in employ-ment under any prog

46、ram or activity conducted by the agency. The defini-tions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established by the Equal Employment Opportunity Commission in 29 CFR part 1613, shall apply to employment in federally con-ducted programs or a

47、ctivities. 807.141807.148 Reserved 807.149 Program accessibility: Dis-crimination prohibited. Except as otherwise provided in 807.150, no qualified handicapped per-son shall, because the agencys facili-ties are inaccessible to or unusable by handicapped persons, be denied the benefits of, be exclude

48、d from participa-tion in, or otherwise be subjected to discrimination under any program or activity conducted by the agency. 807.150 Program accessibility: Exist-ing facilities. (a) General. The agency shall operate each program or activity so that the program or activity, when viewed in its entiret

49、y, is readily accessible to and usable by handicapped persons. This paragraph does not (1) Necessarily require the agency to make each of its existing facilities ac-cessible to and usable by handicapped persons; or (2) Require the agency 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 burde