[Federal Register Volume 67, Number 37 (Monday, February 25, 2002)]
[Proposed Rules]
[Pages 8489-8493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4212]


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POSTAL SERVICE

39 CFR Part 255


Access of Persons with Disabilities to Postal Service Programs, 
Activities, Facilities, and Electronic and Information Technology

AGENCY: Postal Service.

ACTION: Proposed rule with request for comments.

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SUMMARY: The Postal Service is proposing to amend its regulations in 
order to implement section 508 of the Rehabilitation Act of 1973, as 
amended. Section 508 requires Federal agencies to ensure that the 
electronic and information technology (EIT) they procure allows 
individuals with disabilities access to EIT comparable to the access of 
those who are not disabled, unless the agency would incur an undue 
hardship. The statute was amended by the Workforce Investment Act of 
1998 to add enforcement provisions and to require agencies to add a 
complaint process for section 508. The complaint process for members of 
the public who are disabled is outlined here in part 255. The complaint 
process for employees and applicants who are disabled is set forth in 
the Postal Service's Handbook EL-603, Equal Employment Opportunity 
Complaint Processing.

DATES: Written comments must be received on or before March 27, 2002.

ADDRESSES: Written comments should be mailed to Office of the Consumer 
Advocate, United States Postal Service, 475 L'Enfant Plaza, SW., Room 
5801, Washington, DC 20260-2200. Copies of all written comments will be 
available for inspection and photocopying between 9 a.m. and 4 p.m., 
Monday through Friday, at the Corporate Library, United States Postal 
Service, 475 L'Enfant Plaza, SW., Room 11800, Washington, DC 20260, 
(202) 268-2900.

FOR FURTHER INFORMATION CONTACT: Joan C. Goodrich, (202) 268-3047 or 
Christine M. Taylor, (202) 268-3017.

SUPPLEMENTARY INFORMATION: The Workforce Investment Act of 1998, Pub. 
L. 105-220, 112 Stat. 936 (1998), amending section 508 of the 
Rehabilitation Act of 1973, 29 U.S.C. 794d, was signed into law on 
August 7, 1998. In addition to the provisions outlined above, the act 
required the Architectural and Transportation Barriers Compliance Board 
(Access Board) to publish standards defining EIT and setting forth the 
technical and functional performance criteria necessary to 
accessibility for such technology. The act, which was effective August 
7, 2000, also required the Access Board to publish its final standards 
by February 7, 2000.
    On July 13, 2000, the Military Construction Appropriations Act for 
Fiscal Year 2001, Pub. L. 106-246, which contained an amendment to 
section 508, was signed into law. Public Law No. 106-246 delayed the 
effective date for enforcement of section 508 to 6 months from the 
publication of the Access Board's final standards. The Access Board's 
final standards were published on December 21, 2000, in 65 FR 80500-
80528. The effective date for enforcement of section 508 became June 
21, 2001. In accordance with the statutory requirements outlined above, 
the Postal Service is initiating this notice of proposed rulemaking 
adding a complaint process for section 508 to its regulations.

Section-by-Section Analysis

Section 255.1  Purpose

    This new section is added to describe the purposes of part 255. 
These purposes are to implement sections 504 and 508 of the 
Rehabilitation Act of 1973, as amended, 29 U.S.C. Secs. 794, 794d. 
Another purpose is to state that the EIT standards set forth in part 
255 are intended to be consistent with the standards of the Access 
Board announced in the Federal Register on December 21, 2000.
    Former Section 255.1  Discrimination against handicapped persons 
has been renamed and renumbered as Section 255.3  Nondiscrimination 
under any program or activity conducted by the Postal Service.

Section 255.2  Definitions

    This new section has been added to provide definitions of the terms 
used in part 255. A number of definitions have been added to clarify 
words and concepts already in part 255. New definitions were added for 
the new terms associated with section 508. There is a change in terms 
from ``handicapped person'' to ``individual with a disability,'' but 
the definition of who is ``disabled'' remains the same. This change was 
made to reflect the change in terminology in the Rehabilitation Act. 
Prior Section 255.2  Special Arrangements for postal services is now 
Section 255.7  Special arrangements for postal services.

Section 255.3  Nondiscrimination Under any Program or Activity 
Conducted by the Postal Service

    This section states the prohibition against discrimination based 
upon disability in federally conducted

[[Page 8490]]

programs or activities that is contained in section 504 of the 
Rehabilitation Act. It originally appeared in former section 255.1(a). 
The words ``handicapped'' and ``handicap'' have been removed and 
replaced with ``disability.''

Section 255.4  Accessibility to Electronic and Information Technology

    This section is new. It states the standards set forth in section 
508 of the Rehabilitation Act which apply to making EIT accessible to 
individuals with disabilities. It also specifics the obligations of the 
Postal Service where providing access to EIT would pose an undue 
burden.

Section 255.5  Employment

    This section states the prohibition against discrimination in 
employment based upon disability that is contained in section 501 of 
the Rehabilitation Act, as amended, 29 U.S.C. Sec. 791. It was 
previously found at section 255.1(d). The word ``handicapped'' has been 
removed and replaced with ``disability.''

Section 255.6  Complaint Procedures

    This section adds section 508 to the existing complaint process for 
section 504. It revises and clarifies the complaint process.

(a) Applicability

    This paragraph explains that the procedures of part 255 apply to 
alleged violations of section 504 and section 508 brought by members of 
the public.

(b) Employment Complaints

    Subparagraph (1) explains that complaints brought by applicants and 
employees alleging violations of section 504 with respect to employment 
will be processed by the Postal Service in accordance with the 
procedures established by the Equal Employment Opportunity Commission 
(EEOC) in 29 CFR part 1614 under the authority of section 501 of the 
Rehabilitation Act. The Postal Service's own procedures following part 
1614 are found in Handbook EL-603, Equal Employment Opportunity 
Complaint Processing.
    Previously, the section on employment complaints was found at 
section 255.1(d). The reference to the Employee and Labor Relations 
Manual was deleted and replaced with the reference to Handbook EL-603 
because the complaint processing procedures were removed from the 
manual and placed into the handbook. The reference to part 1614 was 
added to clarify where the EEOC regulations are found. The term 
``handicapped'' was removed and replaced with ``disability.''
    Subparagraph (2) is new and explains that complaints brought by 
applicants and employees alleging violations of section 508 and 
involving employment will be processed in accordance with the new 
section 508 procedures added to Handbook EL-603.

(c) Complaints by Members of the Public

    Section 508 has been added to the former complaint process for 
section 504. The former process, previously found at section 255.1(c), 
has been modified to include an informal stage and a formal stage. A 
requirement that a complainant shall first exhaust informal 
administrative procedures before filing a formal complaint has been 
added.
    Subparagraphs (1) (i) through (iii) outline the informal procedures 
for sections 504 and 508. The procedures retain the 60-day requirement 
for resolution of a complaint at the informal stage. The informal 
process focuses on resolution of the complaint at the local level and 
provides an automatic review by higher level managers. A written 
decision on the informal complaint must be issued on or before the 60th 
day by the area/functional vice president. Addition of the area/
functional vice president as the final level of review was added to 
ensure accountability at the highest level.
    Subparagraphs (2)(i) through (iv) outline the formal procedures for 
sections 504 and 508. If the complainant wishes to pursue the complaint 
beyond the informal stage, s/he may file a formal complaint with the 
Vice President and Consumer Advocate. If the complainant files a formal 
complaint, s/he must exhaust the formal procedures before filing suit 
in any other forum. The general exhaustion requirement of the former 
section 255.1(c)(5) was clarified in order to prevent confusing and 
duplicative processing of one complaint. The reference to the Postal 
Operations Manual was removed because the complaint procedures relating 
to the Vice President and Consumer Advocate are now contained here.

Section 255.7  Special Arrangements for Postal Services

    This section sets forth the types of arrangements that can be made 
for those individuals eligible under postal regulations for obtaining 
postal services under special conditions. Members of the public who are 
not disabled within the meaning of the Rehabilitation Act may qualify 
for special arrangements pursuant to the postal regulations listed 
here. In accordance with section 504 or this part, individuals who are 
disabled may be provided with special arrangements as a reasonable 
accommodation.
    The section, previously found at section 255.2, is essentially 
unchanged with the exception of editing for clarity and the addition of 
language on reasonable accommodation under section 504. Specific 
section numbers contained in the cited manuals were removed because 
manual revisions have changed where the topics are now found.

Section 255.8  Access to Postal Facilities

    This section is essentially unchanged except for editing for 
clarity and the addition of legal citations to make the cited 
authorities easier to identify and locate. It was previously found at 
section 255.3.

Section 255.9  Other Postal Regulations; Authority of Postal Managers 
and Employees

    This section is the same as the original previously found at 
section 255.4 except that ``official'' was changed to ``manager'' and 
the last sentence referring to misdirected informal complaints was 
deleted. A similar requirement that postal managers or employees 
promptly refer informal complaints they receive that they lack the 
authority to resolve to the appropriate manager was added in section 
255.6(c)(1)(i) where it logically belongs.
    Although 39 U.S.C. 410, exempts the Postal Service from the 
rulemaking notice and comment requirements of the Administrative 
Procedures Act, 5 U.S.C. 553, the Postal Service, nevertheless, invites 
public comment on the following proposed revisions to 39 CFR part 255.

List of Subjects in 39 CFR Part 255

    Electronic and information technology, Federal buildings and 
facilities, Individuals with disabilities.
    Accordingly, the Postal Service proposes to revise 39 CFR part 255 
to read as follows:

PART 255--ACCESS OF PERSONS WITH DISABILITIES TO POSTAL SERVICE 
PROGRAMS, ACTIVITIES, FACILITIES, AND ELECTRONIC AND INFORMATION 
TECHNOLOGY

Sec.  
255.1   Purpose.
255.2   Definitions.
255.3   Nondiscrimination under any program or activity conducted by 
the Postal Service.
255.4   Accessibility to electronic and information technology.

[[Page 8491]]

255.5   Employment.
255.6   Complaint procedures.
255.7   Special arrangements for postal services.
255.8   Access to postal facilities.
255.9   Other postal regulations; authority of postal managers and 
employees.

    Authority: 39 U.S.C. 101, 401, 403, 1001, 1003, 3403, 3404; 29 
U.S.C. 791, 794, 794d


Sec. 255.1  Purpose.

    (a) This part implements section 504 of the Rehabilitation Act of 
1973, as amended. Section 504 prohibits discrimination on the basis of 
disability in programs or activities conducted by executive agencies or 
by the Postal Service. This part also implements section 508 of the 
Rehabilitation Act of 1973, as amended. Section 508 requires that 
executive agencies and the Postal Service ensure, absent an undue 
burden, that individuals with disabilities have access to electronic 
and information technology that is comparable to the access of 
individuals who are not disabled.
    (b) The standards relating to electronic and information technology 
expressed here are intended to be consistent with the standards 
announced by the Architectural and Transportation Barriers Compliance 
Board. Those standards are codified at 36 CFR part 1194.


Sec. 255.2  Definitions.

    (a) Agency as used in this part means the Postal Service.
    (b) Area/functional vice president also includes his or her 
designee.
    (c) Electronic and information technology (EIT) includes 
``information technology'' and any equipment or interconnected system 
or subsystem of equipment that is used in the creation, conversion, or 
duplication of data or information. The term 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.
    (d) Formal complaint means a written statement that contains the 
complainant's name, address, and telephone number; sets forth the 
nature of the complainant's disability; and describes the agency's 
alleged discriminatory action in sufficient detail to inform the agency 
of the nature of the alleged violation of section 504 or of section 
508. It shall be signed by the complainant or by someone authorized to 
do so on the complainant's behalf.
    (e) Individual with a disability. For purposes of this part, 
``individual with a disability'' means any person who
    (1) Has a physical or mental impairment that substantially limits 
one or more of such person's major life activities;
    (2) Has a record of such an impairment; or
    (3) Is regarded as having such an impairment.
    (f) Information technology means any equipment, or interconnected 
system or subsystem of equipment, that is used in the automatic 
acquisition, storage, manipulation, management, movement, control, 
display, switching, interchange, transmission, or reception of data or 
information.
    (g) Postal manager. As used in this part, ``postal manager'' means 
the manager or official responsible for a service, facility, program, 
or activity.
    (h) Qualified individual with a disability. For purposes of this 
part, ``qualified individual with a disability'' means
    (1) With respect to any Postal Service program or activity under 
which a person is required to perform services or to achieve a level of 
accomplishment, an individual with a disability who meets the essential 
eligibility requirements and who can achieve the purpose of the program 
or activity without modifications in the program or activity that the 
agency can demonstrate would result in a fundamental alteration in its 
nature; or
    (2) With respect to any other program or activity, an individual 
with a disability who meets the essential eligibility requirements for 
participation in, or receipt of benefits from, that program or 
activity.
    (i) Section 501 means section 501 of the Rehabilitation Act of 
1973, as amended. Section 501 is codified at 29 U.S.C. 791.
    (j) Section 504 means section 504 of the Rehabilitation Act of 
1973, as amended. Section 504 is codified at 29 U.S.C. 794.
    (k) Section 508 means section 508 of the Rehabilitation Act of 
1973, as amended. Section 508 is codified at 29 U.S.C. 794d.
    (l) Undue burden means significant difficulty or expense.
    (m) Vice President and Consumer Advocate also includes his or her 
designee.


Sec. 255.3  Nondiscrimination under any program or activity conducted 
by the Postal Service.

    In accordance with section 504 of the Rehabilitation Act, no 
qualified individual with a disability shall, solely by reason of his 
or her disability, be excluded from participation in, be denied the 
benefits of, or be subjected to discrimination under, any program or 
activity conducted by the Postal Service.


Sec. 255.4  Accessibility to electronic and information technology.

    (a) In accordance with section 508 of the Rehabilitation Act, the 
Postal Service shall ensure, absent an undue burden, that the 
electronic and information technology the agency procures allows:
    (1) Individuals with disabilities who are Postal Service employees 
or applicants to have access to and use of information and data that is 
comparable to the access to and use of information and data by Postal 
Service employees or applicants who are not individuals with 
disabilities; and
    (2) Individuals with disabilities who are members of the public 
seeking information or services from the Postal Service to have access 
to and use of information and data that is comparable to the access to 
and use of information and data by members of the public who are not 
individuals with disabilities.
    (b) When procurement of electronic and information technology that 
meets the standards published by the Architectural and Transportation 
Barriers Compliance Board would pose an undue burden, the Postal 
Service shall provide individuals with disabilities covered by 
paragraph (a) of this section with the information and data by an 
alternative means of access that allows the individuals to use the 
information and data.


Sec. 255.5  Employment.

    No qualified individual with a disability shall, on the basis of 
disability, be subjected to discrimination in employment with the 
Postal Service. The definitions, requirements, and procedures of 
section 501 of the Rehabilitation Act of 1973, as established by the 
Equal Employment Opportunity Commission in 29 CFR part 1614 shall apply 
to employment within the Postal Service.


Sec. 255.6  Complaint procedures.

    (a) Applicability. Except as provided in paragraph (b)(1) of this 
section, this section applies to all section 504 allegations of 
discrimination based upon disability in the programs or activities 
conducted by the Postal Service. Except as provided in paragraph (b)(2) 
of this section, this section applies to all allegations of section 508 
violations.
    (b) Employment complaints. (1) The Postal Service shall process 
complaints

[[Page 8492]]

of employees and applicants 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, as amended, 29 U.S.C. 
791. In accordance with 29 CFR part 1614, the Postal Service has 
established procedures for processing complaints of alleged employment 
discrimination, based upon disability, in the agency's Handbook EL-603, 
Equal Employment Opportunity Complaint Processing.
    (2) The agency shall process complaints of employees and applicants 
alleging violations of section 508 and involving employment in 
accordance with the section 508 procedures which have been added to 
Handbook EL-603. Section 508 complaints shall be processed to provide 
the remedies required by section 508 of the Rehabilitation Act.
    (c) Complaints by members of the public. Any individual with a 
disability who believes that he or she has been subjected to 
discrimination prohibited by this part or by the alleged failure of the 
agency to provide access to electronic and information technology may 
file a complaint by following the procedures described herein. A 
complainant shall first exhaust informal administrative procedures 
before filing a formal complaint.
    (1) Informal complaints relating to Postal Service programs or 
activities and to EIT. (i) A complainant initiates the informal process 
by informing the responsible postal manager of the alleged 
discrimination or inaccessibility of Postal Service programs, 
activities, or EIT. Postal managers or employees who receive informal 
complaints that they lack the authority to resolve must promptly refer 
any such informal complaint to the appropriate postal manager, and at 
the same time must notify the complainant of the name, address, and 
telephone number of the person handling the complaint.
    (ii) Resolution of the informal complaint and time limits. Within 
15 days of receipt of the informal complaint, the responsible postal 
manager must send the complainant a written acknowledgement of the 
informal complaint. If the matter cannot be resolved within 30 days of 
its receipt, the complainant must be sent a written interim report 
which explains the status of the informal complaint and the proposed 
resolution of the matter. On or before the 60th day from receipt of the 
informal complaint, the agency shall issue a written decision detailing 
the final disposition of the informal complaint and the reasons for 
that disposition.
    (iii) Automatic review. The responsible postal manager's proposed 
disposition of the informal complaint shall be submitted to the 
appropriate district/program manager for review. The district/program 
manager shall forward the proposed disposition to the area/functional 
vice president for review and issuance of the written decision. This 
automatic review process shall be completed such that the written 
decision of the area/functional vice president shall be issued no later 
than the 60th day.
    (2) Formal complaints. If an informal complaint filed under 
paragraph (c)(1) of this section is not resolved within 60 days of its 
receipt, the complainant may seek relief in any other appropriate 
forum, including the right to file a formal complaint with the Vice 
President and Consumer Advocate in accordance with the following 
procedures. If the complainant files a formal complaint with the Vice 
President and Consumer Advocate, the complainant shall exhaust the 
formal complaint procedures before filing suit in any other forum.
    (i) Where to file. Formal complaints relating to programs or 
activities conducted by the Postal Service or to access of Postal 
Service EIT may be filed with the Vice President and Consumer Advocate, 
United States Postal Service, 475 L'Enfant Plaza, SW., Washington, DC 
20260.
    (ii) When to file. A formal complaint shall be filed within 30 days 
of the date the complainant receives the decision of the area/
functional vice president to deny relief. For purposes of determining 
when a formal complaint is timely filed under this paragraph 
(c)(2)(ii), a formal complaint mailed to the agency shall be deemed 
filed on the date it is postmarked. Any other formal complaint shall be 
deemed filed on the date it is received by the Vice President and 
Consumer Advocate.
    (iii) Acceptance of the formal complaint. The Vice President and 
Consumer Advocate shall accept a timely filed formal complaint that 
meets the requirements of Sec. 255.2(d), is filed after fulfilling the 
informal exhaustion procedures of Sec. 255.6(c)(1), and over which the 
agency has jurisdiction. The Vice President and Consumer Advocate shall 
notify the complainant of receipt and acceptance of the formal 
complaint within 15 days of the date the Vice President and Consumer 
Advocate received the formal complaint.
    (iv) Resolution of the formal complaint. Within 180 days of receipt 
and acceptance of a formal complaint over which the agency has 
jurisdiction, the Vice President and Consumer Advocate shall notify the 
complainant of the results of the investigation of the formal 
complaint. The notice shall be a written decision stating whether or 
not relief is being granted and the reasons for granting or denying 
relief. The notice shall state that it is the final decision of the 
Postal Service on the formal complaint.


Sec. 255.7  Special arrangements for postal services.

    Members of the public who are unable to use or who have difficulty 
using certain postal services may be eligible under postal regulations 
for special arrangements. Some of the special arrangements that the 
Postal Service has authorized are listed below. No one is required to 
use any special arrangement offered by the Postal Service, but an 
individual's refusal to make use of a particular special arrangement 
does not require the Postal Service to offer other special arrangements 
to that individual.
    (a) The Postal Operations Manual offers information on special 
arrangements for the following postal services.
    (1) Carrier delivery services and programs.
    (2) Postal retail services and programs.
    (3) Retail service from rural carriers.
    (4) Self-service postal centers. Self-service postal centers 
contain deposit boxes for parcels and letter mail, and vending 
equipment for the sale of stamps and stamp items. Many centers are 
accessible to individuals in wheelchairs. Information regarding the 
location of the nearest center may be obtained from a local Post 
Office.
    (b) The Domestic Mail Manual, the Administrative Support Manual, 
and the International Mail Manual contain information regarding 
postage-free mailing for mailings that qualify.
    (c) Inquiries and requests. Members of the public wishing further 
information about special arrangements for particular postal services 
may contact their local postal manager.
    (d) Response to a request or complaint regarding a special 
arrangement for postal services. A local postal manager receiving a 
request or complaint about a special arrangement for postal services 
must provide any arrangement as required by postal regulations. If no 
special arrangements are required by postal regulations, the local 
postal manager, in consultation with the district manager or area 
manager, as needed, may provide a special arrangement or take any 
action that will accommodate an individual with a

[[Page 8493]]

disability as required by section 504 or by this part.


Sec. 255.8  Access to postal facilities.

    (a) Legal requirements and policy (1) ABA Standards. Where the 
design standards of the Architectural Barriers Act (ABA) of 1968, 42 
U.S.C. 4151 et seq., do not apply, the Postal Service may perform a 
discretionary retrofit to a facility in accordance with this part to 
accommodate individuals with disabilities.
    (2) Discretionary modifications. The Postal Service may modify 
facilities not legally required to conform to ABA standards when it 
determines that doing so would be consistent with efficient postal 
operations. In determining whether modifications not legally required 
should be made, due regard is to be given to:
    (i) The cost of the discretionary modification;
    (ii) The number of individuals to be benefited by the modification;
    (iii) The inconvenience, if any, to the general public;
    (iv) The anticipated useful life of the modification to the Postal 
Service;
    (v) Any requirement to restore a leased premises to its original 
condition at the expiration of the lease, and the cost of such 
restoration;
    (vi) The historic or architectural significance of the property in 
accordance with the National Historic Preservation Act of 1966, 16 
U.S.C. Sec. 470 et seq.;
    (vii) The availability of other options to foster service 
accessibility; and
    (viii) Any other factor that is relevant and appropriate to the 
decision.
    (b) Inquiries and requests. (1) Inquiries concerning access to 
postal facilities, and requests for discretionary alterations of postal 
facilities not covered by the design standards of the ABA, may be made 
to the local postal manager of the facility involved.
    (2) The local postal manager's response to a request or complaint 
regarding an alteration to a facility will be made after consultation 
with the district manager or the area manager. If the determination is 
made that modification to meet ABA design standards is not required, a 
discretionary alteration may be made on a case-by-case basis in 
accordance with the criteria listed in paragraph (a)(2) of this 
section. If a discretionary alteration is not made, the local postal 
manager should determine if a special arrangement for postal services 
under Sec. 255.7 can be provided.


Sec. 255.9  Other postal regulations; authority of postal managers and 
employees.

    This part supplements all other postal regulations. Nothing in this 
part is intended either to repeal, modify, or amend any other postal 
regulation, to authorize any postal manager or employee to violate or 
exceed any regulatory limit, or to confer any budgetary authority on 
any postal official or employee outside normal budgetary procedures.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 02-4212 Filed 2-22-02; 8:45 am]
BILLING CODE 7710-12-P