[Federal Register Volume 63, Number 8 (Tuesday, January 13, 1998)]
[Rules and Regulations]
[Pages 1924-1926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-767]
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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Parts 1151, 1153, and 1155
Bylaws
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Final rule.
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SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board) has adopted amendments to its General Statement of
Policy, Statement of Organization and Procedures and Authorities and
Delegations. The amendments were adopted to update and improve the
Board's operations and to streamline the Board's regulations. The
amendments are being published so that all affected persons will be
fully informed about procedures governing the Access Board.
DATES: Effective date: January 13, 1998.
FOR FURTHER INFORMATION CONTACT: Elizabeth Stewart, Access Board, 1331
F Street, NW, Suite 1000, Washington, D.C. 20004-1111. Telephone number
(202) 272-5434 ext 52 (voice); (202) 272-5449 (TTY). Electronic mail
address: [email protected].
SUPPLEMENTARY INFORMATION: Pursuant to section 502 of the
Rehabilitation Act of 1973, 29 U.S.C. 792, as amended, the Access Board
originally adopted 36 CFR Part 1151 General Statement of Policy on
September 12, 1978, the Statement of Organization and Procedures
codified at 36 CFR Part 1155 on September 16, 1975; and 36 CFR Part
1153 Authorities and Delegations on July 12, 1983. Together, the three
parts provide guidance on the overall policies of the Board; the duties
and responsibilities of the Board, its officers and committees;
procedures for election of Board officers and for Board and committee
meetings; and supervisory obligations. The most recent amendments
adopted by the Board at its May 1997 meeting combine the three
documents into a single part entitled Bylaws which is codified at 36
CFR 1151. Parts 1153 and 1155 have been removed. Language which was
superseded, outdated or unnecessary has been removed. The number of
Board meetings has been changed from six Board meetings to five Board
meetings and one scheduled Board event. It is the intention of the
Board that this event be held out of the Washington D.C. area in order
to encourage input and comment from the general public. Membership in
the subject matter committees has been expanded and membership in the
Executive Committee was changed to provide for the additional
membership of new subject matter committee chairs and at-large members.
Other miscellaneous, procedural amendments include the setting of the
agenda for Board meetings, participation in Board and committee
meetings by conference telephone and the establishment of committee
charters. The amendments were adopted by the Board to update and
improve the Board's organization and operating procedures. The deletion
of language and the combining of the Board's bylaws into one part have
greatly streamlined the Board's existing regulations.
List of Subjects
36 CFR Part 1151
Authority delegations (Government agencies), Organizations and
functions (Government agencies).
36 CFR Part 1153
Authority delegations (Government agencies), Organizations and
functions (Government agencies).
36 CFR Part 1155
Organizations and functions (Government agencies).
Authorized by vote of the Access Board on May 14, 1997.
Patrick D. Cannon,
Chairperson, Architectural and Transportation Barriers Compliance
Board.
Editorial Note: This document was received at the Office of the
Federal Register on January 8, 1998.
Pursuant to 29 U.S.C. 792, as amended, and for the reasons set
forth in the preamble, chapter XI of title 36 of the Code of Federal
Regulations is amended as follows:
1. Part 1151 is revised to read as follows:
PART 1151--BYLAWS
Sec.
1151.1 Establishment.
1151.2 Authority.
1151.3 Officers.
1151.4 Delegations.
1151.5 Board meetings.
1151.6 Committees.
1151.7 Amendments to the bylaws.
Authority: 29 U.S.C. 792.
Sec. 1151.1 Establishment.
The Architectural and Transportation Barriers Compliance Board was
established pursuant to section 502 of the Rehabilitation Act of 1973,
as amended. The agency is also known and often referred to as the
``Access Board'' or simply the ``Board.''
Sec. 1151.2 Authority.
The Board shall have the authority and responsibilities as set
forth in section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792);
section 504 of the Americans with Disabilities Act of 1990 (42 U.S.C.
12204); and section 225(e) of the Telecommunications Act of 1996 (47
U.S.C. 255(e)).
Sec. 1151.3 Officers.
(a) Board. The Board is the governing body of the agency.
(b) Chair, Vice-Chair. The head of the agency is the Chair of the
Board and, in his or her absence or disqualification, the Vice-Chair of
the Board. As head of the agency, the Chair represents the Board
whenever an applicable Federal statute or regulation imposes a duty or
grants a right or authority to the head of the agency and has the
authority to act in all matters relating to the operation of the Board.
The Chair may delegate any such duties and responsibilities by written
delegation of authority. The Chair supervises the Executive Director
and evaluates his or her performance and approves performance
evaluations of employees who report directly to the Executive Director.
The authority to supervise, evaluate and approve performance
evaluations of the
[[Page 1925]]
Executive Director and those employees who report directly to the
Executive Director may only be delegated to the Vice-Chair of the
Board.
(c) Election, term. The Chair and the Vice-Chair of the Board shall
be elected by a majority of the membership of the Board (as fixed by
statute) and serve for terms of one year. Elections shall be held as
soon as possible upon completion of the one year term of the Chair and
Vice-Chair. If no new Chair or Vice-Chair has been elected at the end
of the one-year term, the incumbents shall continue to serve in that
capacity until a successor Chair or Vice-Chair has been elected. When
the Chair is a public member, the Vice-Chair shall be a Federal member;
and when the Chair is a Federal member, the Vice-Chair shall be a
public member. Upon the expiration of the term as Chair of a Federal
member, the subsequent Chair shall be a public member; and vice versa.
(d) Executive Director. The Executive Director is nominated by the
Chair and confirmed by the Board. The Executive Director provides
administrative leadership, and supervision and management of staff
activities in carrying out the policies and decisions of the Board
under the direction and supervision of the Chair. The Executive
Director has the authority to execute contracts, agreements and other
documents necessary for the operation of the Board; hire, fire and
promote staff (including temporary or intermittent experts and
consultants); procure space, equipment and supplies; and obtain
interagency and commercial support services. The Executive Director
directs compliance and enforcement activities in accordance with the
procedures set forth in 36 CFR part 1150, including issuing citations
and determinations not to proceed, conducting negotiations for
compliance, entering into agreements for voluntary compliance and
performing all other actions authorized by law pertaining to compliance
and enforcement not otherwise reserved to the Board.
(e) General Counsel. The General Counsel is nominated by the Chair
and confirmed by the Board. The General Counsel is responsible to the
Board under the supervision of the Executive Director.
Sec. 1151.4 Delegations.
(a) Executive Committee. The Board may delegate to the Executive
Committee authority to implement its decisions by a majority vote of
the members present at a meeting and any proxies. To the extent
permitted by law, the Board may delegate to the Executive Committee any
other of its authorities by two-thirds vote of the members present at a
meeting and any proxies. A separate delegation is necessary for each
action the Board desires the Executive Committee to implement.
(b) Other. To the extent permitted by law, the Board may delegate
other duties to its officers or committees by a vote of two-thirds of
the members present at a meeting and any proxies.
(c) Redelegation. Unless expressly prohibited in the original
delegation, an officer or committee may redelegate authority.
Sec. 1151.5 Board meetings.
(a) Number. The Chair shall schedule five regular meetings of the
Board each year. In addition, the Board shall schedule one Board
sponsored public event.
(b) Timing. Regular meetings of the Board and at least one Board
sponsored event shall ordinarily be held on the Wednesday following the
second Tuesday of every other month. The Chair may reschedule a regular
meeting of the Board to another date, no more than one month earlier or
later than the regularly scheduled date.
(c) Agenda. The Chair establishes the agenda for the meetings.
Members or committees shall forward submissions for agenda items to the
Chair. Except for items concerning the adoption, amendment or recision
of the bylaws in this part, an item may be placed before the Board for
consideration without the approval of the Chair upon a two-thirds vote
of the members present at a Board meeting and any proxies to suspend
the rules of order. Items concerning the adoption, amendment or
recision of the bylaws in this part may be placed on a future Board
agenda without the approval of the Chair upon a vote of two-thirds of
the membership of the Board (as fixed by statute).
(d) Notice. The Chair shall provide a written notice of scheduled
Board meetings, including the agenda and supporting materials for the
meeting, to each Board member at least ten (10) work days prior to the
meeting. The ten (10) days notice requirement may be waived upon a two-
thirds vote by the members present at the Board meeting and any proxies
to suspend the rules of order.
(e) Cancellation. The Chair may cancel a regular meeting of the
Board by giving written notice of the cancellation at least ten (10)
work days prior to the meeting where practical.
(f) Special meetings. The Chair may call special meetings of the
Board to deal with important matters arising between regular meetings
which require action by the Board prior to the next regular meeting.
Voting and discussion shall be limited to the subject matter which
necessitated the call of the special meeting. All Board members shall
receive reasonable advance notice of the time, place, and purpose of
the special meeting.
(g) Record. The Executive Director shall maintain a permanent
record of the minutes of the meeting and attendance. The Board shall
approve the final minutes after all corrections and additions have been
incorporated.
(h) Rules for Board meetings. Meetings of the Board shall be held
in accordance with Robert's Rules of Order, except as otherwise
prescribed in the bylaws in this part.
(i) Quorum. (1) A quorum shall be the majority of the membership of
the Board (as fixed by statute). At least half of the members required
for a quorum shall be public members.
(2) Proxies shall not be counted for purposes of establishing a
quorum.
(3) If a quorum is not present, a meeting shall be held only for
the purpose of discussion and no vote may be taken.
(j) Voting. (1) Only Board members may vote.
(2) Except as otherwise prescribed in the bylaws in this part, a
majority vote of the members present and any proxies is necessary for
action by the Board.
(3) The presiding officer shall have the same right to vote as any
other member.
(4) Any member may give his or her directed or undirected proxy to
any other Board member, present at the meeting. Proxies shall be given
in writing and submitted to the Chair prior to or at the meeting. A
directed proxy shall be voided as to a specific issue if the question
on which the vote is eventually taken differs from the question to
which the proxy is directed.
(5) The Board may act on items of business between meetings by
notational voting. At the request of the Chair, the Executive Director
shall send a written ballot to each Board member describing each item
submitted for notational voting. If any Board member requests
discussion on an item, the ballots shall not be counted and the Chair
shall place the item on the next Board meeting agenda for discussion
and voting.
(k) Telecommunications. A member of the Board shall be considered
present at a meeting when he or she participates in person or by
conference telephone or similar communication equipment which enables
all persons participating in the meeting to communicate with each
other.
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Sec. 1151.6 Committees.
(a) Executive Committee--(1) Establishment. The Board shall have an
Executive Committee to serve as a leadership and coordinating
committee. The Executive Committee acts on behalf of the Board in
between regularly scheduled Board meetings as necessary and as
authorized by delegation of the Board. In addition, the Executive
Committee has the following duties and responsibilities:
(i) To review and consider recommendations and proposals from the
various subject matter committees;
(ii) To review and make recommendations to the Board to amend or
approve the Board's bylaws; and
(iii) To request and review all committee charters.
(2) Chair. The Vice-Chair of the Board shall serve as Chair of the
Executive Committee.
(3) Membership. The Executive Committee shall be composed of a
minimum of six members, three Federal and three public members, which
shall include the Chair and the Vice-Chair of the Board, the chairs of
each of the subject matter committees, and two at large members. The
two at large members shall balance the number of Federal and public
members and shall be elected by the Board after the election of the
Chair and Vice-Chair of the Board and the chairs of the subject matter
committees. In the event that the Board should establish three or more
subject matter committees, additional at-large members shall be elected
as necessary to balance the Federal and public membership of the
committee.
(4) Quorum. A quorum in the Executive Committee shall be a majority
of the membership, present at the meeting. In the absence of their
Federal member, the liaison may count toward a quorum. If a quorum is
not present, a meeting can be held only for the purpose of discussion
and no vote may be taken.
(5) Voting. (i) The presiding officer shall have the same right to
vote as any other member.
(ii) On matters subject to Board review, liaisons are permitted to
vote in the absence of their Federal member. A majority vote of the
members (or liaisons) present at the meeting and any directed or
undirected proxies is necessary for action by the committee.
(iii) On matters of final action, not subject to Board review, a
majority vote of the membership of the committee, present at the
meeting or by directed proxy, is necessary for action by the committee.
In the absence of their Federal member, liaisons are permitted to cast
a directed proxy only.
(b) Subject matter committees--(1) Establishment. The Board may
establish or dissolve subject matter committees by a two-thirds vote of
the members present and any proxies.
(2) Chair. The Chair of a subject matter committee shall be elected
by the Board after the election of the Chair and Vice-Chair of the
Board and shall serve as a member of the Board's Executive Committee.
(3) Membership. Each subject matter committee shall be comprised of
a minimum of seven, and a maximum of nine, members. Except for the
Chair of the committee who is elected by the Board, the members of the
committee shall be appointed by the Chair of the Board. Members shall
serve a term of one year corresponding to that of the Chair of the
Board, and continue their duties until their successors have been
appointed.
(4) Quorum. A quorum shall be a majority of the actual membership
of the committee. A liaison may represent the Federal member for
purposes of a quorum. If a quorum is not present, a meeting shall be
held only for the purpose of discussion and no vote may be taken.
(5) Voting. Directed or undirected proxies are permitted. In the
absence of their Federal member, liaisons are permitted to vote on all
matters which are subject to review by the full Board. The presiding
officer shall have the same right to vote as any other member. A
majority vote of the members (or liaisons) present at the meeting and
any directed or undirected proxies is necessary for action by the
committee.
(c) Special committees. The Chair, the Board, the Executive
Committee or a subject matter committee may appoint a special committee
to carry out a specific task. A special committee shall dissolve upon
completion of its task or when dissolved by its creator. A special
committee shall be governed by the same rules and procedures applicable
to subject matter committees unless other rules or procedures are
approved by the creator of the committee.
(d) Telecommunications. A member of a committee shall be considered
present at a meeting when he or she participates in person or by
conference telephone or similar communication equipment which enables
all persons participating in the meeting to communicate with each
other.
(e) Charter. With the exception of a Committee of the Whole, each
committee shall establish a charter and may establish any additional
procedures provided that they do not conflict with the provisions of
the bylaws in this part.
(f) Procedure. Committee meetings shall be held in accordance with
Robert's Rules of Order, except as otherwise prescribed in the bylaws
in this part or committee charters.
(g) Records. Committees shall maintain written records of the
meetings.
Sec. 1151.7 Amendments to the bylaws.
In order to amend the bylaws in this part, a vote of two-thirds of
the membership of the Board (as fixed by statute) at the time the vote
is taken shall be required. The Board shall not suspend the rules in
taking any action concerning adoption, amendment or recision of the
bylaws in this part except that by vote of two-thirds of the membership
of the Board (as fixed by statute), an item concerning the adoption,
amendment or recision of the bylaws in this part may be placed on an
agenda for Board consideration at a future meeting.
PARTS 1153 AND 1155--[REMOVED]
2. Parts 1153 and 1155 are removed.
[FR Doc. 98-767 Filed 1-12-98; 8:45 am]
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