[Code of Federal Regulations]

[Title 12, Volume 6]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 12CFR606.650]



[Page 29-30]

 

                       TITLE 12--BANKS AND BANKING

 

                 CHAPTER VI--FARM CREDIT ADMINISTRATION

 

PART 606_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN 

PROGRAMS OR ACTIVITIES CONDUCTED BY THE FARM CREDIT ADMINISTRATION

--Table of Contents

 

Sec. 606.650  Program accessibility: Existing facilities.



    (a) General. The agency shall operate each program or activity so 

that the program or activity, when viewed in its entirety, is readily 

accessible to and usable by individuals with handicaps. This paragraph 

does not:

    (1) Necessarily require the agency to make each of its existing 

facilities accessible to and usable by individuals with handicaps;

    (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 burdens. In those 

circumstances where agency personnel believe that the proposed action 

would fundamentally alter the program or activity or would result in 

undue financial and administrative burdens, the agency has the burden of 

proving that compliance with paragraph (a) of this section would result 

in such alteration or burdens. The decision that compliance would result 

in such alteration or burdens must be made by the agency head or his or 

her designee after considering all agency resources available for use in 

the funding and operation of the conducted program or activity, and must 

be accompanied by a written statement of the reasons for reaching that 

conclusion. In preparing the report, the agency shall make reasonable 

efforts to ensure that the person(s) to be accommodated has an 

opportunity to provide relevant information. If an action would result 

in such an alteration or such burdens, the agency shall take any other 

action



[[Page 30]]



that would not result in such an alteration or such burdens but would 

nevertheless ensure that individuals with handicaps receive the benefits 

and services of the program or activity.

    (b) Methods. The agency 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, or 

any other methods that result in making its programs or activities 

readily accessible to and usable by individuals with handicaps. The 

agency is not required to make structural changes in existing facilities 

where other methods are effective in achieving compliance with this 

section. The agency, 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 through 

4157), and any regulations implementing it. In choosing among available 

methods for meeting the requirements of this section, the agency shall 

give priority to those methods that offer programs and activities to 

qualified individuals with handicaps in the most integrated setting 

appropriate.

    (c) Time period for compliance. The agency shall comply with the 

obligations established under this section within sixty days of the 

effective date of this part except that where structural changes in 

facilities are undertaken, such changes shall be made within three years 

of the effective date of this part, but in any event as expeditiously as 

possible.

    (d) Transition plan. In the event that structural changes to 

facilities will be undertaken to achieve accessibility, the agency shall 

develop, within six months of the effective date of this part, a 

transition plan setting forth the steps necessary to complete such 

changes. The agency shall provide an opportunity to interested persons, 

including individuals with handicaps or organizations representing 

individuals with handicaps, to participate in the development of the 

transition plan by submitting comments (both oral and written). A copy 

of the transition plan shall be made available for public inspection. 

The plan shall, at a minimum:

    (1) Identify physical obstacles in the agency's facilities that 

limit the accessibility of its programs or activities to individuals 

with handicaps;

    (2) Describe in detail the methods that will be used to make the 

facilities accessible;

    (3) Specify the schedule for taking the steps necessary to achieve 

compliance with this section, and if the time period of the transition 

plan is longer than one year, identify steps that will be taken during 

each year of the transition period;

    (4) Indicate the official responsible for implementation of the 

plan; and

    (5) Identify the persons or groups who commented on the plan.