[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR255.2]

[Page 81-82]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 255_ACCESS OF PERSONS WITH DISABILITIES TO POSTAL SERVICE PROGRAMS,
 
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,

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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, except 
for employment, 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, except for 
employment, an individual with a disability who meets the essential 
eligibility requirements for participation in, or receipt of benefits 
from, that program or activity; or
    (3) With respect to employment, an individual with a disability who 
can perform the essential functions of the job in question with or 
without reasonable accommodation.
    (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.