The following information is provided for Web site managers as resource material to assist in meeting the DOC Web Site Policy on Accessibility for Persons with Disabilities.

An undue burden may apply when making a Web site accessible would impose a significant expense or difficulty on the Operating Unit or program area.  Even in those cases where an undue burden can be documented, an alternative means of access must be provided.  The Department of Commerce Chief Information Officer (CIO) is responsible for approving undue burden requests.  The CIO may delegate this authority under certain circumstances to the Commerce Operating Unit CIOs.

Web site developers cannot unilaterally declare the existence of an undue burden; all undue burden requests must follow the Departmental process to obtain an undue burden determination.

The following definition is included in 36 CFR 1194.4:

Undue Burden: Undue burden means significant difficulty or expense. In determining whether an action would result in an undue burden, an agency shall consider all agency resources available to the program or component for which the product is being developed, procured, maintained, or used.