[Federal Register Volume 65, Number 63 (Friday, March 31, 2000)]
[Proposed Rules]
[Pages 17346-17367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7719]
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Part II
Architectural and Transportation Barriers Compliance Board
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36 CFR Part 1194
Electronic and Information Technology Accessibility Standards; Proposed
Rule
Federal Register / Vol. 65, No. 63 / Friday, March 31, 2000 /
Proposed Rules
[[Page 17346]]
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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Part 1194
[Docket No. 2000-01]
RIN 3014-AA25
Electronic and Information Technology Accessibility Standards
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board) proposes accessibility standards for electronic and
information technology covered by section 508 of the Rehabilitation Act
Amendments of 1998. Section 508 requires the Access Board to publish
standards setting forth a definition of electronic and information
technology and the technical and functional performance criteria
necessary for accessibility for such technology. Section 508 requires
that when Federal agencies develop, procure, maintain, or use
electronic and information technology, they shall ensure that the
electronic and information technology allows Federal employees with
disabilities to have access to and use of information and data that is
comparable to the access to and use of information and data by Federal
employees who are not individuals with disabilities, unless an undue
burden would be imposed on the agency. Section 508 also requires that
individuals with disabilities, who are members of the public seeking
information or services from a Federal agency, have access to and use
of information and data that is comparable to that provided to the
public who are not individuals with disabilities, unless an undue
burden would be imposed on the agency.
DATES: Comments should be received by May 30, 2000; however, late
comments will be considered to the extent practicable.
ADDRESSES: Comments should be sent to the Office of Technical and
Information Services, Architectural and Transportation Barriers
Compliance Board, 1331 F Street NW., suite 1000, Washington, DC 20004-
1111. Comments sent by e-mail will be considered only if they include
the full name and address of the sender in the text. E-mail comments
should be sent to board.gov">section508nprm@access-board.gov. Comments will be
available for inspection at the above address from 9:00 a.m. to 5:00
p.m. on regular business days.
FOR FURTHER INFORMATION CONTACT: Doug Wakefield, Office of Technical
and Information Services, Architectural and Transportation Barriers
Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-
1111. Telephone number (202) 272-5434 extension 139 (voice); (202) 272-
5449 (TTY). Electronic mail address: board.gov">wakefield@access-board.gov.
SUPPLEMENTARY INFORMATION:
Availability of Copies and Electronic Access
Single copies of this publication may be obtained at no cost by
calling the Access Board's automated publications order line (202) 272-
5434, by pressing 2 on the telephone keypad, then 1, and requesting
publication S-38 (Electronic and Information Technology Accessibility
Standards Notice of Proposed Rulemaking). Persons using a TTY should
call (202) 272-5449. Please record a name, address, telephone number
and request publication S-38. This document is available in alternate
formats upon request. Persons who want a copy in an alternate format
should specify the type of format (cassette tape, Braille, large print,
or ASCII disk). This document is also available on the Board's Internet
site (http://www.access-board.gov/rules/508nprm.htm).
This proposed rule is based on recommendations of the Board's
Electronic and Information Technology Access Advisory Committee. The
report is available on the Board's Internet site (http://www.access-board.gov/pubs/eitaacrpt.htm).
Background
On August 7, 1998, the President signed into law the Workforce
Investment Act of 1998, which includes the Rehabilitation Act
Amendments of 1998. Section 508 of the Rehabilitation Act Amendments
requires that when Federal agencies develop, procure, maintain, or use
electronic and information technology, they shall ensure that the
electronic and information technology allows Federal employees with
disabilities to have access to and use of information and data that is
comparable to the access to and use of information and data by Federal
employees who are not individuals with disabilities, unless an undue
burden would be imposed on the agency.\1\ Section 508 also requires
that individuals with disabilities, who are members of the public
seeking information or services from a Federal agency, have access to
and use of information and data that is comparable to that provided to
the public who are not individuals with disabilities.
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\1\ Section 508 does not apply to national security systems, as
that term is defined in section 5142 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1452).
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Section 508 was originally added to the Rehabilitation Act in 1986.
It required the Secretary of Education and the Administrator of the
General Services Administration to develop and establish guidelines for
Federal agencies for electronic and information technology
accessibility and required that such guidelines be revised, as
necessary, to reflect technological advances or changes.\2\ Section 508
also required each Federal agency to comply with the guidelines.
However, there was no enforcement mechanism to provide for compliance.
The changes to section 508 contained in the Rehabilitation Act
Amendments of 1998 were designed to strengthen the previous law.
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\2\ In October 1987, the Department of Education and the General
Services Administration (GSA) issued section 508 guidelines which
addressed management responsibilities and functional performance
specifications for input, output, and documentation access to
electronic equipment. On January 1, 1991, after receiving further
comment from agencies, vendors, and individuals with disabilities,
the GSA issued Bulletin C-8 containing these guidelines as amended,
in the Federal Information Resources Management Regulations (FIRMR).
In 1996 the FIRMR was eliminated.
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Access Board Responsibilities
Section 508(a)(2)(A) of the Rehabilitation Act Amendments of 1998
requires the Architectural and Transportation Barriers Compliance Board
(Access Board) \3\ to publish standards setting forth a definition of
electronic and information technology and the technical and functional
performance criteria necessary for accessibility for such technology.
If an agency determines that meeting these standards, when procuring
electronic and information technology, imposes an undue burden, it must
explain why meeting these standards creates an undue burden.
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\3\ The Access Board is an independent Federal agency
established by section 502 of the Rehabilitation Act (29 U.S.C. 792)
whose primary mission is to promote accessibility for individuals
with disabilities. The Access Board consists of 25 members. Thirteen
are appointed by the President from among the public, a majority of
who are required to be individuals with disabilities. The other
twelve are heads of the following Federal agencies or their
designees whose positions are Executive Level IV or above: The
departments of Health and Human Services, Education, Transportation,
Housing and Urban Development, Labor, Interior, Defense, Justice,
Veterans Affairs, and Commerce; the General Services Administration;
and the United States Postal Service.
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The definition of electronic and information technology is required
to be
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consistent with the definition of information technology in section
5002(3) of the Clinger-Cohen Act of 1996.\4\ (40 U.S.C. 1401(3)).
Information technology under that law 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'' by a Federal agency.
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\4\ The Clinger-Cohen Act was designed to ensure consistency
across Federal agencies in the acquisition, use, and disposal of
information technology. It requires each Executive agency to
establish a process to select, manage, and evaluate the results of
their information technology investments; report annually to
Congress on progress made toward agency goals; and link information
technology performance measures to agency programs.
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In developing its standards, the Access Board is required to
consult with various Federal agencies,\5\ the electronic and
information technology industry, and appropriate public or nonprofit
agencies or organizations, including organizations representing
individuals with disabilities. The Access Board is also required to
periodically review and, as appropriate, amend the standards to reflect
technological advances or changes in electronic and information
technology. The General Services Administration and the Access Board
are required to provide technical assistance to individuals and Federal
agencies concerning the requirements of section 508.
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\5\ The Access Board is required to consult with the Secretary
of Education, the Administrator of General Services, the Secretary
of Commerce, the Chairman of the Federal Communications Commission,
the Secretary of Defense, and the head of any other Federal agency
that the Access Board determines to be appropriate.
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Other Section 508 Requirements
The Access Board was required to publish standards by February 7,
2000. For several reasons, the Board has not met that statutory
deadline. Because the Board was required to consult with various
affected interests, it created a Federal advisory committee. The
advisory committee met from October 1998 through May 1999. Since then,
the Board has met through an ad hoc group consisting of several Board
members and Federal agency representatives to review the committee's
recommendations and develop the proposed rule. Additionally, the Board
contracted to prepare the regulatory assessment for the proposed rule.
After the Board submitted the proposed rule to the Office of Management
and Budget (OMB) for review under Executive Order 12866, OMB
distributed the proposed rule twice to the Chief Information Officers
for review and comment. The Board has also been coordinating its
efforts with the Federal Acquisition Regulatory Council. Section
508(a)(3) provides that within six months after the Board publishes its
standards, the Federal Acquisition Regulatory Council is required to
revise the Federal Acquisition Regulation, and each Federal agency is
required to revise the Federal procurement policies and directives
under its control to incorporate the Board's standards.\6\ The Board
expects that the final standards and the revised Federal Acquisition
Regulation will be issued at the same time.
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\6\ Whenever the Access Board revises its standards, the Council
is required to revise the Federal Acquisition Regulation, and each
appropriate Federal agency is required to revise its procurement
policies and directives within six months to incorporate the
revisions.
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Because of the delay in publishing the standards, the Board is
considering making the standards effective six months after publication
in the Federal Register. The Board believes that this action will
provide Federal agencies with an opportunity to more fully understand
these new requirements and will allow manufacturers of electronic and
information technology time to ensure that their products comply with
the standards. The Board also believes that this action is consistent
with the Congressional intent underlying section 508. As discussed
above, Congress provided a six month period between the publication of
the Board's standards and the incorporation of the standards in the
Federal Acquisition Regulation. This six month period would have
allowed Federal agencies to understand the standards and manufacturers
time to ensure that their products would be accessible.
Question 1: The Board seeks comment on the advisability of making
the standards effective six months after publication in the Federal
Register. This action would not affect the right of individuals with
disabilities to file complaints for electronic and information
technology procured after August 7, 2000 since that right is
established by the statute.
Section 508(a)(4) provides that if a Federal agency determines that
compliance with the standards imposes an undue burden, any
documentation by the agency supporting a procurement shall explain why
compliance creates an undue burden. Additionally, when it is determined
that compliance with the standards imposes an undue burden, the Federal
agency shall provide individuals with disabilities with the information
and data involved by an alternative means of access that allows the
individual to use the information and data.\7\
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\7\ Section 508(a)(1)(B).
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Section 508(a)(6)(A) states that when the Federal government
provides access to the public to information or data through electronic
and information technology, a Federal agency is not required to make
equipment available or to purchase equipment at a location other than
that where the electronic and information technology is provided to the
public. Also, specific accessibility-related software or the attachment
of specific accessibility-related peripheral devices are not required
to be installed at workstations of Federal employees without
disabilities.\8\
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\8\ Section 508(a)(6)(B).
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Section 508(c) provides that by February 7, 1999, each Federal
agency shall evaluate the extent to which the electronic and
information technology of the agency is accessible to and usable by
individuals with disabilities and submit a report containing the
evaluation to the Attorney General.
Section 508(d) provides that by February 7, 2000, the Attorney
General shall prepare and submit to the President a report containing
information on and recommendations regarding the extent to which the
electronic and information technology of the Federal government is
accessible to and usable by individuals with disabilities.\9\ By August
7, 2001, and every two years thereafter, the Attorney General shall
submit to the President and Congress a report containing information on
and recommendations regarding the state of Federal agency compliance
with the requirements of section 508, including actions regarding
individual complaints.
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\9\ On April 2, 1999, the Department of Justice (DOJ) released
its self-evaluation materials for section 508. The self-evaluations
were required to be submitted to the DOJ by June 15, 1999. The final
report was not available prior to the publication of this proposed
rule. It will be available through the Department of Justice Section
508 Home Page (http://www.usdoj.gov/crt/508/508home.html).
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Section 508(f) provides that beginning August 7, 2000, any
individual with a disability may file a complaint alleging that a
Federal agency fails to comply with section 508 in providing accessible
electronic and information technology.\10\ Complaints shall be filed
with the Federal agency alleged to be in noncompliance. The Federal
agency receiving the complaint shall apply the complaint procedures
established to implement section 504 of the Rehabilitation Act for
resolving
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allegations of discrimination in a federally conducted program or
activity. Under section 504, individuals may also sue an agency in
Federal court to correct an alleged violation.
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\10\ This provision applies only to electronic and information
technology that is procured by a Federal agency on or after August
7, 2000.
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Electronic and Information Technology Access Advisory Committee
This proposed rule is based on recommendations of the Electronic
and Information Technology Access Advisory Committee (Committee or
EITAAC). The Committee was convened by the Access Board in September
1998 to assist the Board in fulfilling its mandate under section 508.
On September 29, 1998, the Access Board published a notice
appointing members to the Committee. 63 FR 51891 (September 29, 1998).
Between October 1998 and May 1999, the Committee held 6 meetings, each
of two working days in length, during which members worked to develop
recommendations for implementing requirements under section 508. In
selecting members of the Committee, the Access Board sought to ensure
representation from all parties interested in the promulgation of
electronic and information technology accessibility standards. The
Committee was composed of representatives of the electronic and
information technology industry; organizations representing the access
needs of individuals with disabilities; and other persons affected by
accessibility standards for electronic and information technology.
Representatives of Federal agencies, including the departments of
Commerce, Defense, Education, Justice, Veterans Affairs, the Federal
Communications Commission, and the General Services Administration,
served as ex-officio members or observers of the Committee. The
following organizations served on the Committee:
American Council of the Blind
American Foundation for the Blind
Arkenstone, Inc.
Association of Access Engineering Specialists
Association of Tech Act Projects
Compaq
Easter Seals
Electronic Industries Alliance
FutureForms
Georgia Institute of Technology
IBM Special Needs Center
Information Technology Industries Council
Meeting the Challenge, Inc.
Microsoft Corporation
NCR Corporation
National Association of the Deaf
National Federation of the Blind
National Industries for the Blind
National Science Foundation
Pitney Bowes
Self Help for Hard of Hearing People, Inc.
Sun Microsystems
Trace Research and Development Center
United Cerebral Palsy Associations
WGBH National Center for Accessible Media
WebABLE! Solutions
World Wide Web Consortium, Web Accessibility Initiative
Each organization selected a principal member and an alternate. The
Committee formed several subcommittees and task groups in which
alternates and nonmembers were invited to participate. As a result, the
actual group which developed the recommendations was broader than the
formal membership. The result of the Committee's work was a report
containing recommendations to the Access Board for implementing section
508 of the Rehabilitation Act Amendments of 1998. The Committee
presented its report to the Board on May 12, 1999. This proposed rule
is based primarily on the recommendations of chapters three
``Definitions'', four ``Section 508 Implementation'', and five
``Proposed Standards'' of the Committee report.
Section-by-Section Analysis
This section of the preamble contains a concise summary of the rule
which the Access Board is proposing. The text of the proposed rule
follows this section.
Subpart A--General
Section 1194.1 Purpose
This section describes the purpose of the standards which is to
implement section 508 of the Rehabilitation Act Amendments of 1998. The
goal of section 508 is to introduce accessibility features into
mainstream electronic and information technology products purchased by
the Federal government to reduce the need for individual, customized
accommodations and to make those accommodations which are still needed
more efficient and easier to implement.
Section 1194.2 Application
This section specifies what electronic and information technology
is covered by the standards. Paragraph (a) states the general statutory
requirement for electronic and information technology that must comply
with the standards unless doing so would result in an undue burden. The
term ``undue burden'' is defined at 1194.4, Definitions, and is
discussed in the preamble under that section.
By statute, the enforcement provisions of section 508 apply only to
products procured on or after August 7, 2000. (See section
508(f)(1)(B)). As a result, Section 508 does not authorize complaints
or lawsuits to retrofit electronic and information technology products
procured prior to August 7, 2000 to meet these standards. See a further
discussion of the application of these standards to web sites
maintained, developed, used or procured by the Federal government under
1194.23(c).
Paragraph (a)(1) states the statutory obligation of a Federal
agency to make the information and data available by an alternative
means when complying with the standards would result in an undue
burden. For example, a Federal agency wishes to purchase a computer
program that generates maps denoting regional demographics. If the
agency determines that it would constitute an undue burden to purchase
an accessible version of such a program, the agency would be required
to make the information provided by the program available in an
alternative means to users with disabilities. In addition, the
requirements to make reasonable accommodations for the needs of an
employee with a disability and to provide overall program accessibility
under section 504 of the Rehabilitation Act also apply.
Paragraph (a)(2) sets forth the statutory requirement for an agency
to document any claim of undue burden in a procurement. Such
documentation must explain in detail which provision or provisions of
this rule imposes an undue burden and the extent of such a burden. The
agency should discuss each of the factors elaborated below which are to
be considered an undue burden. By statute, the requirement to document
an undue burden applies only to procurements.
Paragraph (b) applies this rule to electronic and information
technology developed, procured, maintained, or used by an agency
directly or used by a contractor pursuant to a contract with an agency.
Consistent with section 5002(3)(C) of the Clinger-Cohen Act of 1996 (40
U.S.C. 1452) and as further discussed in 1194.3(b) below, products used
by a contractor which are incidental to a contract are not covered by
this rule. For example, a Federal agency enters into a contract to have
a web site developed for the agency. The contractor uses its own office
system to develop the web site. The web site is required to comply with
this rule, however, the contractor's office system does not have to
comply with these standards.
Paragraph (c) clarifies that procurement of products complying with
this part is subject to commercial
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availability. That is, an agency is not expected to procure products
that have not been developed. Documentation of an undue burden is not
required in this case. This section also applies the provisions of this
part to products that will be available in time to meet delivery
requirements, or are developed by or on behalf of the government. This
is based on existing provisions in the Federal Acquisition Regulations
(see 48 CFR 2.101, Definitions of Words and Terms: Commercial item,
paragraph (b)). For example, an agency may be planning a major software
upgrade to be installed in the next year. If advances in technology or
performance will be available to render the software compliant in time
to meet the installation requirement, the product will be considered
commercially available, despite the fact that a compliant version was
not available at the time of the original solicitation. Of course,
products developed in response to a Government solicitation are
expected to be fully compliant.
The determination of commercial availability is to be applied on a
provision by provision basis. That is, each provision is judged
independently. Agencies cannot claim a product as a whole is not
commercially available because it fails to meet some of the applicable
provisions of these standards. It must still meet those provisions that
are commercially available.
For example, some pagers may be available with a vibrating alert,
but no model has voice output. A Federal agency would still be required
to purchase the model with the vibrator even though a model with all
the features necessary for accessibility may not exist. Similarly, if a
software program that meets all of the provisions of 1194.23(b) is not
available, but one that meets most of the provisions is (e.g., it does
not provide 8 foreground and 8 background colors), the agency must
purchase that product that meets most of the applicable software
provisions. The software program as a whole is not excused from the
standards because a program meeting all of the provisions is not
commercially available.
Paragraph (d) explains how each section of this rule is to be
applied. In general, the requirements in 1194.21, 1194.23 and 1194.25
are assumed to satisfy the functional performance criteria in 1194.27.
Therefore, when evaluating the compliance of any product, first look to
compliance with 1194.21, 1194.23 and 1194.25, then apply the
performance criteria in 1194.27 to elements or technologies not covered
in those sections and to the overall product functions. Where there is
overlap, the specific provisions in 1194.21, 1194.23 and 1194.25
prevail over the general provisions in 1194.27.
In developing these standards, the Board considered the issue of
when accessibility features must be built-in and when the product need
only be compatible, that is, have the ability to add on assistive
technology or accessible features in the future as needed. Because the
goal of section 508 is to introduce accessibility features into
mainstream electronic and information technology, the proposed
standards require that the accessibility features be built-in where
reasonable and appropriate given the nature of the product and its
intended use. For example, the standards require that the accessibility
features be built-in for information kiosks because the public cannot
be expected to attach an assistive technology device each time the
kiosk is used. Because copy machines seldom allow for the loading of
special software or the attachment of accessibility related
peripherals, the standards require that the accessible features be
built-in.
In general, where accessibility features are not built-in, the
standards require that the system be compatible to make those
accommodations which are still needed more efficient and easier to
implement. For example, workstations are subject to the statutory
exception that assistive technology devices are not required at
workstations of persons without a disability. The standards require
that these systems be compatible with the addition of assistive
technology on an as needed basis.
The following paragraphs delineate those provisions where
accessibility features are required to be built-in and those which
permit compatibility in lieu of built-in features.
Section 1194.21 contains general requirements to be applied to all
products, regardless of the specific technology involved. For example,
the prohibition on using color coding exclusively is applicable to
kiosks, web pages, copiers, software applications, or any other product
that controls a visual display. The requirements in section 1194.21
pertain to built-in features.
Section 1194.23 provides requirements for specific components, such
as keypads, software, web applications, and telecommunications. All but
the simplest products will likely have more than one component and the
requirements in section 1194.23 are to be applied to each component.
For example, the keypad of a single line telephone can generally be
made accessible to a person with a visual impairment by having a
standard key layout and placing a nib on the five key. The keypad of a
multi-line telephone can be made accessible in a similar fashion but
the telephone may have visual indicators for availability of different
lines and hold status. Each component for which there is a specific
provision must be evaluated for compliance with this section.
The requirements in 1194.23(a), (d)(6)-(9), (e) and (f) are written
to ensure built-in accessibility of keyboard, keypads and other
mechanically operated controls, telecommunications equipment and
information kiosks. The requirements in 1194.23(b), (c) and (d)(1)-(5)
will ensure that software applications, web pages and certain
telecommunications features are compatible with assistive technology.
Section 1194.25 provides requirements for compatibility of products
with assistive technology commonly used by individuals with
disabilities. Since any specific product cannot necessarily be made
accessible to all disabilities, it must be able to accommodate
assistive technology. For example, all computers are not expected to be
equipped with a refreshable Braille display, but they are expected to
be compatible with such equipment. Assistive technology may be part of
a reasonable accommodation required by section 501 or section 504 of
the Rehabilitation Act in response to a request made by a person with a
disability.
Section 1194.27 provides functional performance criteria for
overall product evaluation and for technologies or components for which
there is no specific requirement under other sections. As in the
example of the multi-line telephone discussed above, the keypad has
specific requirements under section 1194.23, but the other functions,
such as line availability or status, must be evaluated by applying the
performance criteria. These criteria are also intended to ensure that
the individual accessible components work together to create an
accessible product. Section 1194.27(a), (b), (c) and (e) allow for the
support of assistive technology to satisfy the criteria, whereas
section 1194.27 (d) and (f) are functions that must be built into a
product.
Finally, section 1194.31 provides requirements for information,
documentation, and support. Products may meet all of the technical
requirements of this part, but will not be usable to a person with a
disability if information about the accessible features or how to use
them is not available in a format the individual can use. Obviously,
the format is critical to
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usability, since providing Braille to a person who does not read
Braille is worthless, as is providing enhanced audio to a person who is
deaf and does not rely on any residual hearing.
Section 1194.3 General Exceptions
This section provides general exceptions from the standards.
Paragraph (a) provides an exception for telecommunications or
information systems operated by agencies, the function, operation, or
use of which involves intelligence activities, cryptologic activities
related to national security, command and control of military forces,
equipment that is an integral part of a weapon or weapons system, or
systems which are critical to the direct fulfillment of military or
intelligence missions. This exception is statutory under section 508
and is consistent with a similar exception in section 5142 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1452). This exception does not
apply to a system that is to be used for routine administrative and
business applications (including payroll, finance, logistics, and
personnel management applications). For example, software used for
payroll, word processing software used for production of routine
documents, ordinary telephones, copiers, fax machines, and web
applications must still comply with the standards even if they are
developed, procured, maintained, or used by an agency engaged in
intelligence or military activities. On the other hand, a computer
designed to provide early missile launch detection would not be subject
to these standards.
Paragraph (b) provides an exception for electronic and information
technology that is acquired by a contractor incidental to a Federal
contract. That is, the products a contractor develops, procures,
maintains, or uses which are not specified as part of a contract with a
Federal agency are not required to comply with this part. For example,
a consulting firm that enters into a contract with a Federal agency to
produce a report is not required to procure accessible computers and
word processing software to produce the report regardless of whether
those products were used exclusively for the government contract or
used on both government and non-government related activities. On the
other hand, if such products were specified as contract deliverables
(i.e., they would become government property at the end of the
contract) or if a Federal agency purchased the products to be used by
the contractor as part of the project, those products would have to
meet the standards. Similarly, if a firm is contracted to develop a web
site for a Federal agency, the web site created must be fully compliant
with this part, but the firm's own web site would not be covered. This
exception is consistent with a similar exception in section 5002(3)(C)
of the Clinger-Cohen Act of 1996 (40 U.S.C. 1452).
Paragraph (c) clarifies that, except as required to comply with
these standards, this part does not require the installation of
specific accessibility-related software or the attachment of an
assistive technology device at a workstation of a Federal employee who
is not an individual with a disability. Specific accessibility related
software means software which has the sole function of increasing
accessibility for persons with disabilities to other software programs
(e.g., screen magnification software). The purpose of section 508 and
these standards is to build as much accessibility as is reasonably
possible into general products developed, procured, maintained, or used
by agencies. However, it is not expected that every computer will be
equipped with a refreshable Braille display, or that every software
program will have a built-in screen reader. Such assistive technology
may be required as part of a reasonable accommodation for an employee
with a disability or to provide program accessibility. To the extent
that such technology is necessary, products covered by this part must
not interfere with the operation of the assistive technology.
Paragraph (d) specifies that when agencies provide access to
information or data to the public through electronic and information
technology, agencies are not required to make equipment owned by the
agency available for access and use by individuals with disabilities at
a location other than that where the electronic and information
technology is provided to the public, or to purchase equipment for
access and use by individuals with disabilities at a location other
than that where the electronic and information technology is provided
to the public. For example, if an agency provides an information kiosk
in a Post Office, a means to access the kiosk information for a person
with a disability need not be provided in any location other than at
the kiosk itself.
Paragraph (e) states that compliance with this part does not
require a fundamental alteration in the nature of a product or its
components. Fundamental alteration means a change in the fundamental
characteristic of the product, not merely a cosmetic or aesthetic
change. For example, an agency intends to procure pocket-sized pagers
for their field agents. Adding a large display to a small pager may
fundamentally alter the device by significantly changing its size to
such an extent that it no longer meets the purpose for which it was
intended, that is to fit in a shirt or jacket pocket.
Section 1194.4 Definitions
Accessible: The term accessible is defined in terms of compliance
with the standards in this part, as is common with other accessibility
standards. That is, if a product complies with the standards in this
part, it is accessible; if it does not comply, it is not accessible.
Agency: Section 508 applies to any Federal department or agency,
including the United States Postal Service (section 508(a)(1)(A)). The
term ``agency'' as used in this rule includes all of these
entities.\11\
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\11\ A government depository library is not considered a Federal
agency.
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Alternate Formats and Alternate Modes: These terms are given the
same meaning here as in the Board's Telecommunications Act
Accessibility Guidelines (36 CFR part 1193). Certain product
information is required to be made available in alternate formats to be
usable by individuals with various disabilities. Common forms of
alternate formats are Braille, large print, ASCII text, and audio
cassettes. Alternate modes are different means of providing information
to users of products including product documentation and information
about the status or operation of controls. For example, if product
instructions are provided on a video cassette, captioning would be
required.
Assistive Technology: Assistive technology means any item, piece of
equipment, or system, whether acquired commercially, modified, or
customized, that is commonly used to increase, maintain, or improve
functional capabilities of individuals with disabilities. The
definition is derived from a definition of assistive technology in the
Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.).
Examples of assistive technology include, but are not limited to,
(1) Screen readers which allow persons who cannot see a visual display
to either hear screen content or read the content in Braille; (2) a
specialized one-handed keyboard which allows an individual to operate a
computer with only one hand; and (3) specialized audio amplifiers that
allow persons with limited hearing to receive an enhanced audio signal.
[[Page 17351]]
Electronic and Information Technology: This is the statutory term
for the products intended to be covered by the standards in this part.
The statute explicitly required the Board to define this term, and
required that the definition be consistent with the definition of
``information technology'' in the Clinger-Cohen Act of 1996 (40 U.S.C.
1401(3)). Therefore, this definition includes information technology as
defined by that Act, as well as any equipment or interconnected system
or subsystem of equipment, that is used in the creation, conversion, or
duplication of data or information.
Electronic and information technology includes, but is not limited
to, telecommunications products (such as telephones), information
kiosks and transaction machines, web sites, multimedia, and office
equipment such as copiers and fax machines. Consistent with the Federal
Acquisition Regulations,\12\ electronic and information technology does
not include any equipment that contains imbedded 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. For example, HVAC
(heating, ventilation, and air conditioning) equipment such as
thermostats or temperature control devices, and medical equipment where
information technology is integral to its operation, are not
information technology.
---------------------------------------------------------------------------
\12\ 48 CFR Chapter 1, part 2, section 2.101 Definitions
Information Technology (c).
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Information Technology: The definition of information technology is
the same as the definition of information technology in section 5002(3)
of the Clinger-Cohen Act. Information technology includes computers,
ancillary equipment, software, firmware and similar procedures,
services (including support services), and related resources.
Operable Controls: Operable controls are those components of a
product that require manipulation or contact for operation of the
device. Controls include on/off switches, buttons, dials and knobs,
mice, keypads and other input devices, copier paper trays (both for
inserting paper to be copied and retrieving finished copies), coin and
card slots, card readers, and similar components. Operable controls do
not include voice-operated controls.
Product: Product is used as a shorthand for electronic and
information technology throughout this part.
TTY: The term TTY is defined to be consistent with the Board's ADA
Accessibility Guidelines (36 CFR part 1191) and Telecommunications Act
Accessibility Guidelines.
Telecommunications: This term is defined consistent with the
Board's Telecommunications Act Accessibility Guidelines and the
definition of telecommunications in the Telecommunications Act (47
U.S.C. 153).
Undue Burden: The term ``undue burden'' is based on caselaw
interpreting section 504 of the Rehabilitation Act (Southeastern
Community College v. Davis, 442 U.S. 397 (1979)), and has been included
in agency regulations issued under section 504 since the Davis case.
See, e.g., 28 CFR 39.150. The term ``undue burden'' is also used in
Title III of the Americans with Disabilities Act. (ADA), 42 U.S.C.
12182(b)(2)(A)(iii). The legislative history of the ADA states that the
term ``undue burden'' is derived from section 504 and the regulations
thereunder, and is analogous to the term ``undue hardship'' in Title I
of the ADA, which Congress defined as ``an action requiring significant
difficulty or expense.'' 42 U.S.C. 12111(10)(A). See, H. Rept. 101-485,
pt. 2, at 106. The Board has adopted this definition for ``undue
burden.''
Title I of the ADA lists factors to be considered in determining
whether a particular action would result in an undue hardship. 42
U.S.C. 12111(10)(B)(i)-(iv). Since Title I of the ADA addresses
employment, not all of the factors are directly applicable to section
508 except for the financial resources of the covered facility or
entity. In determining whether a particular action is an undue burden
under section 508, the rule provides that the resources available to an
agency or component for which the product is being developed, procured,
maintained, or used is a factor to be considered. An agency's entire
budget may not be available for purposes of complying with section 508.
Many parts of agency budgets are authorized for specific purposes, and/
or are provided as grants to non-Federal entities, and are thus not
available for other purposes. Because available financial resources
vary greatly from one agency to another, what constitutes an undue
burden for a smaller agency may not be an undue burden for another,
larger agency having more resources to commit to a particular
procurement. Each procurement would necessarily be determined on a
case-by-case basis.
The Board is considering including two additional factors in the
final rule to determine whether an action is an undue burden.
Factor (2): An agency may consider the extent to which a product
meeting the standards is compatible with the agency's or component's
technology infrastructure, including security, and the difficulty of
integrating the accessible product. For example, an agency wishes to
contract with a digital cellular provider in order to provide cellular
phone service to its employees. The agency's digital cellular network
is not compatible with TTYs. Since these two products are incompatible
with each other, it will result in an undue burden. The agency would
not be prohibited from contracting with the digital provider. However,
accommodations for TTY users could be made through an analog cellular
phone, if needed. Should compatibility become feasible over time, this
no longer would be viewed as an undue burden.
Factor (3): An agency may also consider the functionality needed
from the product and the technical difficulty involved in making such a
product accessible. For example, an agency needs to purchase a computer
assisted design (CAD) software program. The function of the CAD program
is to produce visual drawings. Technology is available to produce basic
tactile images usable by an employee with a visual impairment, but to
apply this technology to a CAD program would be extraordinarily
difficult and have limited functionality, making it an undue burden.
Question 2: The Board seeks comment on whether factors (2) and (3)
discussed above are appropriate factors for consideration in
determining whether an action would be an undue burden under these
standards.
Section 1194.5 Equivalent Facilitation
This section allows the use of designs or technologies as
alternatives to those prescribed in this part provided that they result
in substantially equivalent or greater access to and use of a product
for people with disabilities. This provision is not a ``waiver'' or
``variance'' from the requirement to provide accessibility, but a
recognition that future technologies may be developed, or existing
technologies could be used in a particular way, that could provide the
same functional access in ways not envisioned by these standards. In
evaluating whether a technology results in ``substantially equivalent
or greater access,'' it is the functional outcome,
[[Page 17352]]
not the form, which is important. For example, an information kiosk
which is not accessible to a person who is blind might be made
accessible by having a telephone handset that connects to a computer
that responds to touch-tone commands and delivers the same information
audibly.
Subpart B--Accessibility Standards
This proposed rule is based primarily on the recommendations of
chapter five of the EITAAC report. The proposed rule rearranges and
renames sections from the EITAAC report. Although the Board has
reorganized the committee's recommendations, the Board believes that
the concepts and most of the committee's recommended requirements have
been preserved. The generic standards (EITAAC 5.2) are now labeled as
functional performance criteria (1194.27). The Board made this change
because it believes this group of specifications are yardsticks to use
to measure performance as opposed to objective standards. Section
1194.27 contains the functional performance criteria against which all
products will be judged. Sections 1194.23 and 1194.25 are the component
specific and compatibility standards for accessibility. Where the Board
has not included a recommendation from the committee's report it is
noted.
Section 1194.21--General Requirements
The requirements under this section are general, because they do
not apply to any specific product. For example, the requirements
relating to displays apply to any display whether on a computer, a
copier, or information kiosk and transaction machine.
Question 3: The Board seeks comment on the current organization of
sections 1194.21 and 1194.23. Other ways of organizing functions may be
more appropriate. The Board seeks comment on other approaches to
organizing functions and requirements that might be easier to
understand and implement.
Paragraph (a) provides that color coding shall not be used as the
only means of identifying a visual element. This requirement applies to
all products, whether web based or free standing office equipment.
Relying on color as a singular method for identifying screen elements
or controls poses serious problems, not only for people with limited or
no vision, but also for those who are color blind. This requirement
does not prohibit the use of color to help with component
identification. It does however, require that some other method of
identification, such as text labels, be combined with the use of color.
While this provision is consistent with the recommendations of the
advisory committee, the committee also recommended including a similar
functional performance requirement. The functional performance
criterion was not included in the proposed standards as it was
duplicative of this requirement.
Paragraph (b) provides provisions for the physical characteristics
of large office equipment including reach ranges and the general
physical accessibility of controls and features. A large, free standing
copier would be an example of a product addressed by this provision.
This requirement is consistent with the recommendations of the advisory
committee and is based on the Americans with Disabilities Act
Accessibility Guidelines (ADAAG 4.2 Space Allowance and Reach Ranges).
Two figures are provided to help explain the application of the
provision.
Paragraph (c) provides that flashing visual displays and indicators
shall not exceed a frequency of two Hertz. In 1988, the Board sponsored
two research projects on visual fire alarms that found that individuals
with photosensitive epilepsy can have a seizure triggered by displays
which flicker or flash, particularly if the flash has a high intensity
and is within certain frequency ranges. This provision limits the
frequency of flashing visual displays and indicators to avoid
triggering a seizure in an individual with photosensitive epilepsy.
This requirement is consistent with the Telecommunications Act
Accessibility Guidelines and the recommendations of the advisory
committee.
Paragraph (d) provides that where a timed response is required, at
least one mode which does not require users to respond within a timed
interval shall be provided; or at least one mode which allows users to
adjust the response times to at least 5 times the default setting shall
be provided. Requiring a user to respond within a certain length of
time is a method commonly used by interactive menu driven systems. If a
person is calling through a telephone relay service, or has a dexterity
related disability, entering information such as a social security
number within a specified time may be difficult or impossible. This
provision is consistent with the recommendations of the advisory
committee.
Question 4: The Board seeks information on whether a system is
commercially available that would allow an individual user to adjust
the response time interval, and if so, whether 5 times the default
setting is the correct standard. If available, what is the cost of such
a system? The Board is also interested in comments addressing any
security concerns raised by this requirement. For example, would the
security of an information kiosk which allowed individuals to access
personal information be compromised by allowing for the adjustment of
the time-out feature?
Paragraph (e) provides that where biometric forms of user
identification or activation are used, an alternative form of
identification or activation, which does not require the user to
possess particular biological characteristics, shall also be provided.
Identification by biometric forms such as retina scan, fingerprint or
palm print are growing in popularity. They are used for building access
as well as electronic system access. However, such identification
measures create access problems for some persons with disabilities. For
example, if a system relies on fingerprint identification for access, a
person with prosthetic hands would not be able to use the system. As a
result, the Board is proposing to require that an alternative form of
identification be provided which does not rely on particular biological
characteristics. Under section 504 of the Rehabilitation Act, an
employee who is unable to access a system due to the constraints of a
biological characteristic may be entitled to a reasonable accommodation
which would enable him or her to access the system through an
alternative measure. This provision would require that an alternative
measure be in place when the system is procured. This requirement is
consistent with the recommendations of the advisory committee.
Question 5: The Board may consider requiring multiple forms of
biological identification as an alternative to requiring non-biological
identification in the final rule. Would this be a better solution? What
would be the cost impact of requiring multiple forms of biological
identification? Does requiring an alternative mode of identification
which is not based on biological characteristics lessen security? The
proposed standards require that an alternative form of identification
be built-in whenever biometric identification is used. The Board is
seeking comment on whether the final rule should permit the alternative
method of identification to be added on at a later date rather than
built-in at the time of procurement. If so, should compatibility be
limited to workstations or to all systems that use biometric
identification?
Paragraph (f) requires touchscreen and touch-operated controls to
be
[[Page 17353]]
operable without requiring body contact or close body proximity. This
requirement addresses the difficulty that individuals who have
artificial hands or use headsticks or mouthsticks to operate products
have with capacitive or heat-operated controls which require contact
with a person's body. Touch-operated is not the same as a control which
is operated by pushing a button or sliding a switch. Touch-operated
controls are activated by merely touching them or placing a body part,
usually a finger, in very close proximity. They often depend on the
body acting as an electrical conductor which changes the capacitance of
the switch. In addition, some touch operated controls are designed to
detect the heat from a finger. In both of these instances, the control
cannot be activated by a prosthetic limb, a mouthstick, or even a
gloved hand.
Alternative access modes which do not require body contact or close
body proximity may include keypad input and voice input and different
types of touchscreens or touch-operated controls which do not require
bodily contact or proximity to operate. This provision is consistent
with the recommendations of the advisory committee.
Section 1194.23 Component Specific Requirements
The requirements in the following paragraphs address specific
components of products. Paragraph (a) applies to mechanically operated
controls, keyboards or keypads. These provisions address controls which
require a user to physically manipulate or press a switch, button, or
knob, to operate a product.
Paragraph (a)(1) provides that controls and keys shall be tactilely
discernible without activating the controls or keys. Tactilely
discernible means that individual keys can be located and distinguished
from adjacent keys. To comply with this requirement, controls that must
be touched to activate, must be distinguishable from each other. This
can be accomplished by using various shapes, spacing, or tactile
markings. Because touch is necessary to discern tactile features, this
provision provides that the control should not be activated by mere
touching. For example, the standard desktop computer keyboard would
meet this requirement because the tactile mark on the ``j'' and ``f''
keys permits a user to locate all other keys tactilely. The geographic
spacing of the function, ``numpad'' and cursor keys make them easy to
locate by touch. In addition, most keyboards require some pressure
before they transmit a keystroke. Conversely, ``capacitance'' keyboards
that react as soon as they are touched and have no raised marks or
actual keys would not meet this requirement. A ``membrane'' keypad with
keys that must be pressed can be made tactilely discernible by
separating keys with raised ridges so that individual keys can be
distinguished by touch. This provision is consistent with the
recommendations of the advisory committee.
Paragraph (a)(2) provides that the status of toggle controls such
as the ``caps lock'' or ``scroll lock'' keys be determined by both
visual means and by touch or sound. For example, adding audio patterns
such as ascending and descending pitch tones that indicate when a
control is turned on or off would alleviate the problem of a person who
is blind inadvertently pressing the locking or toggle controls. Also,
buttons which remain depressed when activated or switches with distinct
positions would meet this provision. This provision is consistent with
the recommendations of the advisory committee.
Paragraph (a)(3) provides that controls shall be accessible to
persons with limited dexterity. Individuals with tremor, cerebral
palsy, paralysis, arthritis, or artificial hands may have difficulty
operating systems which require fine motor control, assume a steady
hand, or require two hands or fingers to be used simultaneously for
operation. Individuals with high spinal cord injuries, arthritis, and
other conditions may have difficulty operating controls which require
significant strength. The provision limits the force required to five
pounds and is based on section 4.27.4 of the ADA Accessibility
Guidelines and is consistent with the Telecommunications Act
Accessibility Guidelines and the recommendations of the advisory
committee.
Paragraph (a)(4) provides that access to all program functions
shall be available through keyboard or keypad commands. Keyboard or
keypad commands provide a viable alternative for those who cannot use a
pointing device or touchscreen. This provision does not require that
every product have a keyboard. It requires that where a keyboard or
keypad is provided, the program functions shall be available through
keyboard or keypad commands. This provision is consistent with the
recommendations of the advisory committee.
Paragraph (a)(5) establishes requirements for key repeat rate where
an adjustable keyboard repeat rate is supported. It requires that the
keyboard delay before repeat shall be adjustable to at least two
seconds per character. This provision is consistent with the
recommendations of the advisory committee.
The advisory committee also recommended three provisions that the
Board has not included in this proposed rule. The committee recommended
that assigned keyboard access (e.g., Ctrl+P for Print, Escape for
cancel) be provided for commonly used functions or commands and that
the keyboard map not change except under user control, so that a user
memorizing key locations shall be able to rely on those locations. The
Board has not included these provisions since they are user convenience
issues not accessibility issues. The committee also recommended that
all keyboard access functionality be documented with a product or
follow documented operating system conventions. This provision is not
included since documentation is already addressed by section 1194.31.
Paragraph (b) applies to non-embedded software applications and
operating systems. All electronic and information technology products
operate by following programming instructions referred to as software.
Software can be divided into two broad categories: software that is
embedded in a chip mounted in a product and software that is loaded
onto a storage device such as a hard disk and can be erased, replaced
or updated. The provisions in this section address requirements for
accessible ``installable, non-embedded'' software.
Paragraph (b)(1) requires the use of keystrokes for navigation
among interface elements. For persons with vision impairments who
cannot use a pointing device such as a mouse, having access to program
controls through keyboard navigation is essential. An example of this
feature would be the ability to tab through the choices in a dialog box
rather than requiring that a user move a pointer to a particular
selection and click on it. This provision is consistent with the
recommendations of the advisory committee.
Paragraph (b)(2) prohibits applications from disabling access
features of applications or the operating system. There are
commercially available software applications and operating systems that
have accessibility features built-in that can be turned on or off by a
user. These include features that can reverse the color scheme, show an
image when an error tone is generated, or provide for ``sticky keys''
that allow a user to hit key combinations (such as control-C)
sequentially rather than simultaneously. This provision prohibits other
software programs from disabling these features when selected. This
requirement is
[[Page 17354]]
consistent with the recommendations of the advisory committee.
Paragraph (b)(3) requires that a well-defined on-screen indication
of the current focus be provided that moves among interactive interface
elements as the input focus changes. The focus is the point on a screen
where an action will occur when a keystroke or mouse click is
activated. For example, when an individual displays a file directory on
the screen, the focus point shows what file will be activated when the
enter key is pressed. The focus must be programmatically exposed so
that assistive technology can track the focus and focus changes and be
easily seen by the user. The focus point must be identified in the
program language. Making the identification of the focus point in the
software programmatically available allows programmers of assistive
technology software such as screen readers, to let the user know where
the current focus is placed. This provision is consistent with the
recommendations of the advisory committee.
Paragraph (b)(4) requires that programs provide sufficient
information about a user interface element, including the identity,
operation and state of the element, to assistive technology software.
User interface elements can include, but are not limited to, buttons,
checkboxes, menu bars, or tool bars. For assistive technology to
operate efficiently, it must have access to the information about a
user interface from the program to be able to inform the user of the
existence, location, and status of all interface elements. This
provision is consistent with the recommendations of the advisory
committee.
Paragraph (b)(5) provides requirements for accessing images that
represent an action. For example, a push button, checkbox or other
action point is often represented by a graphic. Assistive technology
however, cannot describe pictures or graphics. This provision requires
that programs provide text such as a ``tooltip'' for the assistive
technology to interpret the pictures so that a user of assistive
technology can identify what action will occur when an element is
activated by a keystroke or mouse click. This provision is consistent
with the recommendations of the advisory committee.
Paragraph (b)(6) provides that the use of an image will be
consistent throughout an application. Most screen reading programs
allow users to assign text names to bitmap images. If the bitmap image
should change meaning during the running of an application, the
assigned identifier is no longer valid. This provision prohibits the
changing of the meaning of a bitmap image during an application and is
consistent with the recommendations of the advisory committee.
Paragraph (b)(7) provides that software must follow standard
programming techniques applicable for the specific operating system
when software programs supply text to assistive technology programs. If
programs are written using nonstandard code, other programs such as
software for assistive technology may not be able to receive
information from the application. At a minimum, the types of text
information that must be available include text content, text input
caret location, and text attributes. This provision is consistent with
the recommendations of the advisory committee.
Paragraph (b)(8) requires that a minimum of eight foreground and
eight background color selections capable of producing a variety of
contrast levels be provided. This provision requires more than just
providing color choices. The available choices must also allow for
different levels of contrast. Many people experience a high degree of
sensitivity to bright displays. Someone with this condition cannot
focus on a bright screen for long because they will soon be unable to
distinguish individual letters. An overly bright background causes a
visual ``white-out''. To alleviate this problem, the user must be able
to select a softer background and appropriate foreground colors.
In addition to requiring different levels of colors and contrasts,
the advisory committee recommended providing a ``wide variety'' of font
size and style settings. The proposed provision does not require
variations of font sizes and styles because those who would benefit
from increased font size will also need an increase in the size of all
screen elements. This can best be accomplished by adding screen
enlargement software to the system.
Question 6: The Board seeks comment on whether eight foreground and
eight background colors is sufficient to give the user ample
selections. If a larger number of choices were required, is software
commercially available from more than one manufacturer?
Paragraph (b)(9) prohibits applications from overriding user
selected contrast and color selections. This provision addresses the
problem of applications refusing to respect system-wide settings and is
consistent with the recommendations of the advisory committee. Often
persons with disabilities prefer to select color, contrast, keyboard
repeat rate, and keyboard sensitivity settings in an operating system.
When an application disables these settings, accessibility is reduced.
This provision allows the user to select personalized settings which
cannot be disabled by software programs.
Paragraph (b)(10) requires that people with disabilities have
access to electronic forms. Electronic forms are a popular method used
by many agencies to gather information or permit a person to apply for
services, benefits, or employment. The 1998 Government Paperwork
Elimination Act requires that Federal agencies make electronic versions
of their forms available online and allows individuals and business to
use electronic signatures to file these forms electronically. This
provision requires that when an agency uses a form that cannot be read
and manipulated by assistive technology, an alternative form must also
be provided that is accessible. An example of a form which is not
accessible is one which is graphical in nature and cannot be translated
into meaningful text by assistive technology. This provision is
consistent with the recommendations of the advisory committee.
Paragraph (b)(11) establishes requirements for handling animated
text. The use of animation on a screen can pose serious access problems
for users of screen readers or other assistive technology. When
important elements such as push buttons or relevant text are animated,
the user of assistive technology cannot access the application. This
provision requires that in addition to the animation, an application
provide the elements in a static form. This provision is consistent
with the recommendations of the advisory committee.
The advisory committee also recommended that system startup and
restart be accessible, however, the Board has not included that
provision in the proposed rule since no measurable standards were
recommended.
Paragraph (c) applies to web-based information and applications.
These standards do not apply to external web sites, including search
engines, which are not developed or procured by a Federal agency. For
example, an employee of an agency may use a search engine which is
based on a commercial web site. That search engine does not have to
comply with these standards.
By statute, when a Federal agency develops, procures, maintains or
uses electronic and information technology, including web-based
information and applications, they must comply with these standards
unless to do so would
[[Page 17355]]
be an undue burden (section 508(a)(1)(A)). The enforcement provisions
of section 508, however, are limited to those web-based information and
applications that are procured on or after August 7, 2000. (See section
508(f)(1)(B)). The enforcement provisions are silent with respect to
products which are not procured, but are developed, used or maintained
by a Federal agency (e.g., an agency develops a web page in house).
However, even though the enforcement mechanisms provided in section 508
do not authorize complaints or lawsuits for inaccessible products which
are developed, used or maintained by an agency, the Board expects that
these products, including web pages, will be accessible. (See section
508(a)(1)(A) which addresses the development, procurement, maintenance,
or use of electronic and information technology by the Federal
government.) The Board notes that section 504 of the Rehabilitation Act
imposes a duty on the Federal government to make programs conducted by
the Federal government (e.g., an agency web site) accessible and that
both sections 501 and 504 of that Act requires that Federal agencies
address the needs of employees with disabilities. (29 U.S.C. 794
(section 504); 29 U.S.C. 791 (section 501)). It is possible that in
determining compliance with these statutory obligations, the standards
issued by the Board under section 508 of the Rehabilitation Act will be
used as a yardstick to measure whether a program is accessible.
Furthermore, under section 508 of the Rehabilitation Act, the
Department of Justice has an obligation to prepare biennial reports
assessing compliance by Federal agencies with these standards (section
508(d)(2)). That report would address products developed, procured,
maintained or used by the Federal government, as well as actions
regarding individual complaints.
Example 1: On January 1, 2001, a Federal agency enters into a
procurement contract with an outside entity for the development of an
agency web site. That web site would have to meet these standards,
unless to do so would be an undue burden. Because it is a procurement
on or after August 7, 2000, the agency would be subject to a complaint
or civil action if the web site was not accessible. Suppose however,
the agency develops its own web site. That web site would have to be
accessible under section 508(a)(1)(A), unless it was an undue burden,
but because it was not a procurement, the enforcement provisions under
section 508(f) of the Rehabilitation Act would not apply. While there
may not be a remedy under section 508, there would be recourse under
section 504 of the Rehabilitation Act in that the agency was conducting
a program that was not accessible.
Example 2: An agency has an existing web site and enters into a
procurement contract with an outside entity to develop new pages to be
added to its web site to address a new program. The content of the new
pages would have to meet these standards unless to do so would be an
undue burden. If the procurement was on or after August 7, 2000, the
accessibility of the new pages could be the subject of a complaint or
civil action. With respect to the preexisting web site, it would be
subject to the agency's obligations under section 504 of the
Rehabilitation Act which may require that the agency develop a plan to
update the web site and make it accessible over a period of time.
The advisory committee recommended that the Board's standards
reference the World Wide Web Consortium's (W3C) Web Accessibility
Initiative's (WAI) \13\ Web Content Accessibility Guidelines, User
Agent Accessibility Guidelines, and Authoring Tool Accessibility
Guidelines, including requirements from priority levels one and two for
each document.
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\13\ The Web Accessibility Initiative (WAI), in coordination
with organizations around the world, is pursuing accessibility of
the web through five primary areas of work: technology, guidelines,
tools, education and outreach, and research and development.
Additional resources are available at http://www.w3.org/WAI,
including the Web Content Accessibility Guidelines 1.0, available at
http://www.w3.org/TR/WCAG10.
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Rather than referencing the WAI guidelines, the proposed standards
include provisions which are based generally on priority level one
checkpoints of the Web Content Accessibility Guidelines 1.0, as well as
other agency documents on web accessibility and additional
recommendations of the advisory committee. The Board's rephrasing of
language from the Web Content Accessibility Guidelines 1.0 in paragraph
(c) of the proposed rule has not been reviewed by the W3C, since
proposed rules are not made public until published in the Federal
Register.
The advisory committee also included specific recommendations for
browsers and web authoring tools. Because web browsers and web
authoring tools, (as well as web pages) are software in nature, they
must also comply with the requirements of section 1194.23(b).
Paragraph (c)(1) requires that a text equivalent be provided for
every non-text element. For example, a link or graphic on a web page
that indicates an action or a URL cannot be interpreted by assistive
technology. This provision would require that an alternative text label
be assigned to that link or graphic. This provision is consistent with
the recommendations of the advisory committee.
Paragraph (c)(2) requires alternatives for color based prompting.
The creative use of color can enhance the look of web pages. However, a
person who has either low vision or is color blind would have
difficulty activating color based prompts. Web pages therefore, are
required to indicate with text that which is evident by using color.
For example, a statement such as ``press the green button to begin,''
should read ``press the green button labeled start to begin,'' and the
word ``start'' should be associated with the green button. This
provision is consistent with the recommendations of the advisory
committee.
Paragraph (c)(3) provides that the user be alerted to a change in
the natural language of a web page. For example, this requirement can
be met by adding a line of text to a web page which changes from
English to French by adding text which reads ``the following paragraph
is presented in French.'' Most screen readers used by blind and
visually impaired persons only have rules for pronouncing one language.
If the web site did not alert the user to a language change, the user
would be at a loss as to why the page had become unintelligible. This
provision is consistent with the recommendations of the advisory
committee.
Paragraph (c)(4) provides that documents must be organized so they
are readable without requiring style sheets. Style sheets are a
relatively new technology that allows web site designers to easily
control formatting (such as font size and color and text alignment)
throughout their web pages. This provision does not prohibit the use of
style sheets (which can often be used to enhance accessibility)
provided that web pages using style sheets can be viewed by browsers
not supporting style sheets and by browsers that have disabled support
for style sheets. In addition, certain newer browsers allow users to
define their own style sheets to improve the accessibility of web
pages. This provision prohibits the use of style sheets that interfere
with user defined style sheets. This provision is consistent with the
recommendations of the advisory committee.
Paragraph (c)(5) requires that when alternative access to web page
content, such as captioning of audio programs or multimedia, is
provided, that alternative
[[Page 17356]]
must be updated on the screen every time the content changes. This
provision is consistent with the recommendations of the advisory
committee.
Paragraph (c)(6) provides that redundant text links must be
provided for each active region of a server-side image map. When a web
page uses server-side maps as navigation aids, the individual browser
cannot communicate the URL that will be followed when a region of the
map is activated. Therefore, the redundant text link will be necessary
to provide access to the page for anyone not able to see or load the
map. This provision is consistent with the recommendations of the
advisory committee.
Paragraph (c)(7) provides that client-side image maps must be used
whenever possible in place of server-side image maps. When a web page
downloads a client-side image map to a browser, it also sends all the
information about what action will happen when a region of the map is
pressed. For this reason, client-side image maps, even though graphical
in nature, will show the links related to the map in a text format.
This provision is consistent with the recommendations of the advisory
committee.
Paragraphs (c)(8) and (9) permit the use of tables, but require
that the tables be coded according to proper HTML rules. Many assistive
technology applications can interpret the HTML coding of tables. When
tables are coded inaccurately or table codes are used for non tabular
material, the assistive technology cannot accurately read the content.
Paragraph (c)(10) establishes requirements for the use of frames.
Frames can be an asset to users of screen readers if the labels on the
frames are explicit. Such labels as top, bottom, or left, provide few
clues as to what is contained in the frame. Labels such as ``navigation
bar'' or ``main content'' are more meaningful and facilitate frame
identification and navigation. This provision is consistent with the
recommendations of the advisory committee.
Paragraph (c)(11) provides that scripts, applets, or other plug-ins
must not be essential to reading or navigating a web page. When the
content or navigation of a web page relies on scripts or requires that
a user have a specific plug-in installed, the result can be an
inaccessible page. If the page cannot be created with text attributes
for navigation and content that do not require a plug-in, then an
alternate text page may be the only solution. The Board recommends that
access features be incorporated into all web pages without resorting to
alternative text pages. This provision is consistent with the
recommendations of the advisory committee.
Paragraph (c)(12) provides that when features such as captioning
for audio output or descriptive audio for graphics is provided, the
captioning or description must be presented in a synchronous manner.
This provision is consistent with the recommendations of the advisory
committee.
Paragraph (c)(13) provides that an appropriate method must be used
to facilitate the easy tracking of page content that provides users of
assistive technology the option to skip repetitive navigation links. It
is common for web authors to place navigation links at the top, bottom,
or side of every new page. This technique can render use of a web site
very difficult for persons using a screen reader as screen readers move
through pages reading from top to bottom. The use of repetitive
navigation links forces persons with visual impairments to re-read
these links when moving to every new page. This provision allows the
user to more efficiently read the contents of a page. This provision is
consistent with the recommendations of the advisory committee.
The advisory committee also recommended that if extensive ASCII art
is used, a link should be provided to allow a user to jump to the end
of the ASCII art. The Board has not included this provision since it is
a user convenience issue not an accessibility issue.
Paragraph (d) applies to telecommunications functions. These
provisions address products which involve the transmission of
information without changing the form or content of the information as
sent and received. ``Telecommunications'' is further defined in section
1194.4, Definitions.
Paragraph (d)(1) requires that products shall provide a standard
non-acoustic connection point for TTYs when they have a function that
allows voice communication and do not provide a TTY functionality. It
shall also be possible for the user to easily turn any microphone on
the product on and off to enable the user who can talk to intermix
speech with TTY use. Individuals who use TTYs to communicate must have
a non-acoustic way to connect TTYs to telephones in order to obtain
clear TTY connections, such as through a direct RJ-11 connector, a 2.5
mm audio jack, or automatic switching. When a TTY is connected directly
into the network, it must be possible to turn off the acoustic pickup
(microphone) to avoid having background noise in a noisy environment
mixed with the TTY signal. Since some TTY users make use of speech for
outgoing communications, the microphone on/off switch must be easy to
flip back and forth or a push-to-talk mode should be available. This
provision is consistent with the Board's Telecommunications Act
Accessibility Guidelines and the recommendations of the advisory
committee.
Paragraph (d)(2) requires products providing voice communication
functionality to be able to support use of all cross-manufacturer non-
proprietary standard signals used by TTYs. Some products compress the
audio signal in such a manner that standard signals used by TTYs are
distorted or attenuated, preventing successful TTY communication. Use
of such technology is not prohibited as long as the compression can be
turned off to allow undistorted TTY communication. This provision is
consistent with the Telecommunications Act Accessibility Guidelines and
the recommendations of the advisory committee.
Paragraph (d)(3) provides that voice mail, auto-attendant, and
interactive voice response telecommunications systems shall be usable
by TTY users with their TTYs. Voice mail systems are available which
allow TTY users to retrieve and leave TTY messages. This provision does
not require that phone systems have voice to text conversion
capabilities so that a person who is deaf can retrieve a voice mail
message directly with their TTY without relying on a relay service or
an interpreter, but it does require that TTY users can retrieve and
leave TTY messages. This provision is consistent with the
recommendations of the advisory committee.
Paragraph (d)(4) prohibits telecommunications services, such as
interactive systems, from imposing time limits for responses. For
example, a person accessing a Federal agency's automated menu from a
TTY may need additional time to read the options and respond. This
provision is consistent with the Telecommunications Act Accessibility
Guidelines and the recommendations of the advisory committee.
Paragraph (d)(5) provides that functions such as caller
identification must be accessible for users of TTYs, telecommunications
relay services, and for users who cannot see displays. This provision
is consistent with the recommendations of the advisory committee.
[[Page 17357]]
Paragraph (d)(6) requires products to be equipped with volume
control that provides an adjustable amplification up to a minimum of 20
dB of gain. If a volume adjustment is provided that allows a user to
set the level anywhere from 0 to the upper requirement of 20 dB, there
is no need to specify a lower limit. If a stepped volume control is
provided, one of the intermediate levels must provide 12 dB of gain.
The gain applies to the voice output not Baudot, ASCII, or other
machine codes. The proposed level of amplification is different from
that required under the Hearing Aid Compatibility Act and the Federal
Communications Commission's (FCC) regulations (47 CFR 68.317 (a)). The
FCC requires volume control that provides, through the receiver in the
handset or headset of the telephone, 12 dB of gain minimum and up to 18
dB of gain maximum, when measured in terms of Receive Objective
Loudness Rating.
In accordance with the National Technology Transfer and Advancement
Act, this provision is consistent with the 1998 ANSI A117.1 document,
``Accessible and Usable Buildings and Facilities.'' ANSI is the
voluntary standard-setting body which issues accessibility standards
used by the nation's model building codes. The Board has issued a
separate NPRM to harmonize the existing ADAAG provision with the ANSI
standard. This provision is consistent with the Telecommunications Act
Accessibility Guidelines. Tests conducted by two independent
laboratories found high gain phones without special circuitry currently
on the market which had 90 dB and 105 dB at maximum volume setting.
This is a 20 dB gain over the standard 85 dB ambient noise level. (See
Harry Teder Ph.D., Consulting in Hearing Technology; Harry Levitt,
Ph.D., Director, Rehabilitation Engineering and Research Center on
Hearing Enhancement and Assistive Devices, Lexington Center).
Paragraph (d)(7) requires that an automatic reset be installed on
any telephone that allows the user to adjust the volume higher then the
normal level. This is a safety feature to protect people from suffering
damage to their hearing if they accidentally answer a telephone with
the volume turned too high. This provision is consistent with the
recommendations of the advisory committee.
Paragraph (d)(8) requires products that provide auditory output by
an audio transducer normally held up to the ear, to provide a means for
effective wireless coupling to hearing aids. Generally, this means the
earpiece generates sufficient magnetic field strength to induce an
appropriate field in a hearing aid T-coil. The output in this case is
the direct voice output of the transmission source, not the ``machine
language'' such as tonal codes transmitted by TTYs. For example, a
telephone must generate a magnetic output so that the hearing aid
equipped with a T-coil can accurately receive the message. This
provision is consistent with the Telecommunications Act Accessibility
Guidelines and the recommendations of the advisory committee.
Paragraph (d)(9) requires that interference to hearing technologies
shall be reduced to the lowest possible level that allows a user of
hearing technologies to utilize a telecommunications product.
Individuals who are hard of hearing use hearing aids and other
assistive listening devices, but they cannot be used if products
introduce noise into the listening aids because of electromagnetic
interference. The American National Standards Institutes (ANSI) has
established a task group under its subcommittee on medical devices to
work toward the development of methods of measurement and defining the
limits for hearing aid compatibility and accessibility to wireless
telecommunications. The ANSI C63.19 task group is continuing to develop
its standard, C63.19-199X, American National Standard for Methods of
Measurement for Hearing Aid Compatibility with Wireless Communications
Devices. When the standard is completed, the Board may reference it.
This provision is consistent with the Telecommunications Act
Accessibility Guidelines and the recommendations of the advisory
committee.
Question 7: The Board seeks comment on how to better quantify the
``lowest possible level'' of interference.
Paragraph (e) applies to video or multimedia products. Multimedia
products involve more than one media and include, but are not limited
to, video programs, narrated slide production, and computer generated
presentations.
Paragraph (e)(1) requires any system with a screen larger than 13
inches to be equipped with caption decoder circuitry which
appropriately receives, decodes, and displays closed captions from
broadcast, cable, videotape, and DVD signals. The FCC has standards for
televisions 13 inches or larger, but video capabilities are now
becoming popular in computers as well. This provision addresses these
new video technologies. This provision is consistent with the
recommendations of the advisory committee.
Paragraph (e)(2) requires that television tuners, including tuner
cards for use in computers, be equipped with the circuitry needed to
carry the secondary audio channel. The secondary audio channel is
commonly used for audio description. This provision is consistent with
the recommendations of the advisory committee.
Paragraphs (e)(3) and (4) require that when an agency develops or
procures multimedia productions that are intended to be shown
repeatedly to audiences that may include persons who would need the
captioning or audio description features, those productions must
contain captioning or audio description. Audio description involves the
insertion into a multimedia program, such as a video tape, of narrated
descriptions of settings and actions that are not otherwise reflected
in the dialogue, such as the movement of a person in the scene. Audio
description is typically provided through the use of the Secondary
Audio Programming (SAP) channel so that it is audible only when that
channel is activated through a TV set, computers with a tuner card, or
a VCR with SAP capability.
Under these provisions, the requirements to have a videotape or
multimedia production captioned or audio described would depend on its
intended use. For example, an agency produces, or contracts to have
produced, a videotape on government ethics. This videotape is made
available for many agencies to purchase and use in training sessions.
Since the tape is intended to be shown multiple times and to varied
audiences, the composition of which may include people with hearing or
vision impairments, it must be captioned and audio described, unless it
is an undue burden to do so. On the other hand, a small agency or
single office purchases a videotape on some aspect of acoustics which
it intends to show to its staff to help understand a technical issue.
Since the videotape is not intended to be shown on a repeated basis,
and the agency knows that none of its staff have a hearing or vision
impairment, the videotape would not need to be captioned or audio
described. If however, the video was to be shown to an employee who is
deaf, the agency would be required to accommodate that individual by
providing an interpreter even though the videotape would not be
required to be captioned. Such accommodations would be required
[[Page 17358]]
under section 501 or 504 of the Rehabilitation Act, not section 508.
Question 8: The Board seeks information on the technical
feasibility of making various computer generated presentations that
comply with these provisions. Based on the proposed rule, computer
based narrated slide presentations must be both captioned and audio
described if they are shown multiple times and to varied audiences, the
composition of which may include people with hearing or vision
impairments.
Paragraph (e)(5) provides that viewers must be able to turn
captioning or video description features on or off. A person who can
hear the audio may find the captioning of conversation intrusive, and
people who can see the screen and can hear may find the audio
description distracting. For this reason, it is important that an
individual have the ability to select or deselect a particular feature.
The advisory committee also recommended that digital television
receivers meet the EIA-708-A standard for the transmission of
captioning on a digital television signal. The Board has not included
this provision since in July 1999, the Federal Communications
Commission proposed to amend its rules to include requirements for the
display of closed captioned text on digital television receivers. The
FCC took this action to ensure that closed captioning services are
available in the transition from analog to digital broadcasting. The
Board may address this issue in future changes to the standards.
Paragraph (f) applies to information kiosks and information
transaction machines. This category of products includes, but is not
limited to, automatic teller machines and information kiosks. On
November 16, 1999, the Board published a Notice of Proposed Rulemaking
to revise and update its accessibility guidelines for buildings and
facilities covered by the Americans with Disabilities Act of 1990 (ADA)
and the Architectural Barriers Act of 1968 (ABA). 64 FR 62248 (November
16, 1999). Included in that proposed rule are extensive revisions to
the requirements for access to automatic teller machines (ATMs) and
fare machines. (See sections 707.1;-707.8.3). The proposed revisions to
the ADA and ABA guidelines provide more specific guidance on access to
such equipment for people with vision impairments. In that proposed
rule, the Board requested comment on whether the final rule should
cover all types of interactive transaction machines, such as point-of-
sale machines and information kiosks, among others, rather than be
limited to automatic teller machines and fare vending machines. If the
Board decides to broaden the requirements to other types of information
transaction machines in the final rule for the ADA and ABA guidelines,
the final rule for access to electronic and information technology may
not include requirements for information transaction machines since the
ADA and ABA rulemaking would apply to the Federal government as well as
the private sector.
Paragraph (f)(1) provides that access features must be built into
the system rather than requiring users to attach an assistive device to
the product. Personal headsets are not considered an assistive device
and may be required to use the product. This provision is consistent
with the recommendations of the advisory committee.
Paragraph (f)(2) provides that information kiosks and information
transaction machines that deliver audio output, including speech, shall
provide a mechanism for private listening and user interruptability. A
mechanism for private listening means providing either a telephone type
handset or a standard jack for headphones. These mechanisms allow users
to hear information in private. Allowing the user to interrupt long
spoken phrases increases the product's usability and saves time for the
user and others who may be waiting to access the product. This
provision is consistent with the recommendations of the advisory
committee.
Paragraph (f)(3) provides that information kiosks and information
transaction machines that deliver voice output, shall provide
incremental volume control with output amplification up to a level of
at least 65 dB. Where the ambient noise level of the environment is
above 45 dB, a volume gain of at least 20 dB above the ambient level
shall be user selectable. According to the Occupational Safety and
Health Administration, and the American Speech, Language, and Hearing
Association, 65 dB is the volume level for normal speech. This
provision requires that audio output from a kiosk type product shall
have a minimum level of 65 dB. For people with reduced hearing, voice
levels must be 20 dB above the surround sound level to be
understandable. This means that as long as the noise level in the
surrounding environment is below 45 dB, the 65 dB output level would be
sufficient. If the product is in an environment with a high noise
level, the user must be able to raise the volume to a setting of 20 dB
higher than the ambient level. This provision is consistent with the
recommendations of the advisory committee.
The advisory committee also recommended standards for remote
wireless access to these products. The Board has not included those
recommendations since compliant technology is still in development.
Other Issues
The advisory committee recommended other provisions that the Board
did not include in this rule. For example, the committee considered
methods for making a personal digital assistant (PDA), such as a
``palmtop,'' accessible for a segment of people with disabilities. The
Board has not included such a provision because the technology to make
PDAs accessible does not exist at this time.
The committee also recommended that the connection of cables,
mounting, and attaching external elements of products (e.g., connecting
an external monitor or accessory), require less than 5 pounds of force
and that cables be differentiable by touch or keyed for corresponding
connections. These provisions are not included since members of the
public seeking information from an agency would not be expected to
attach or disconnect cables and employees are also covered by sections
501 and 504 of the Rehabilitation Act which require reasonable
accommodation to the needs of an employee. Also, connecting and
disconnecting cables is not generally an employee task. In the few
instances where it is, such as attaching a refreshable Braille display
to a laptop, the connections are usually made with standard parallel
and serial connectors which are polarized or shaped to prevent
incorrect connections. Section 1194.25(b) restricts the use of
proprietary connectors.
Section 1194.25 Requirements for Compatibility With Assistive
Technology
Compliant products must be accessible either inherently or by being
compatible with add-on assistive technology. The provisions in this
section address the requirements for compatibility.
Paragraph (a) provides that all products that act as a transport or
conduit for information or communication shall pass all codes,
translation protocols, formats, or any other information necessary to
provide information or communication in an accessible format. In
particular, signal compression technologies shall not remove
information needed for access or shall restore it upon decompression.
[[Page 17359]]
Some transmissions include codes or tags embedded in ``unused''
portions of the signal to provide accessibility. For example, closed
captioning information is usually included in portions of a video
signal not seen by users without decoders. This section prohibits
products from stripping out such information or requires the
information to be restored at the end point. This provision is
consistent with the Telecommunications Act Accessibility Guidelines and
the recommendations of the advisory committee.
Paragraph (b) requires that, where provided, one of each type of
expansion slot, port and connector must comply with publicly available
industry standards. This provision applies to hardware products that
may require the attachment of assistive technology devices to make them
accessible. Examples of publicly available industry standards may
include RS-232, Centronics, SCSI interfaces, PCMCIA, or USB.
Paragraph (c) prohibits operating system software from interfering
with assistive technology. If an operating system preempts the use of
keyboard assignments or the use of specific ports, it can be difficult
or impossible to operate the system with assistive technology. This
provision requires operating systems to permit the background operation
of assistive technology products. This provision is consistent with the
recommendations of the advisory committee.
Paragraph (d) requires products with auditory output to provide the
auditory signal through an industry standard connector at a standard
signal level. Individuals using personal headphones, amplifiers, audio
couplers, and other audio processing devices need a place to tap into
the audio generated by the product in a standard fashion. This
provision is consistent with the Telecommunications Act Accessibility
Guidelines and the recommendations of the advisory committee.
Section 1194.27 Functional Performance Criteria
This section requires that a product's operation and information
retrieval functions be operable through at least one mode which meets
each of the following paragraphs.
Paragraph (a) provides that at least one mode of operation and
information retrieval that does not require user vision shall be
provided, or support for assistive technology used by people who are
blind or visually impaired shall be provided. It is not expected that
every software program will be self-voicing or have its own built-in
screen reader. Providing keyboard access as specified in 1194.23(a) and
software that complies with section 1194.23(b) would satisfy this
requirement. This provision is consistent with the Telecommunications
Act Accessibility Guidelines and the recommendations of the advisory
committee.
Paragraph (b) provides that at least one mode of operation and
information retrieval that does not require visual acuity greater than
20/70 (when corrected with glasses) must be provided in audio and
enlarged print output that works together or independently. In the
alternative, support for assistive technology used by people who are
visually impaired must be provided. Although visual acuity of 20/200 is
considered ``legally blind,'' there are actually millions of Americans
with vision below the 20/200 threshold who can still see enough to
operate and get output from technology, often with just a little
additional boost in contrast or font size. This paragraph requires
either the provision of screen enlargement and voice output or, that
the product support assistive technology. This provision is consistent
with the Telecommunications Act Accessibility Guidelines and the
recommendations of the advisory committee.
Paragraph (c) provides that at least one mode of operation and
information retrieval that does not require user hearing must be
provided or, in the alternative, support for assistive technology used
by people who are deaf or hard of hearing shall be provided. This
requirement is met when a product provides visual redundancy for any
audible cues or audio output. If this redundancy cannot be built into a
product then the product shall support the use of assistive technology
that complies with section 1194.25, Requirements for Compatibility with
Assistive Technology. This provision is consistent with the
Telecommunications Act Accessibility Guidelines and the recommendations
of the advisory committee.
Paragraph (d) requires that audio information important for the use
of a product, must be provided in an enhanced auditory fashion by
allowing for an increase in volume and/or altering the tonal quality or
increasing the signal to noise ratio. For example, increasing the
output would assist persons with limited hearing to receive
information. Audio information that is important for the use of a
product includes, but is not limited to, error tones, confirmation
beeps and tones, and verbal instructions. This provision is consistent
with the Telecommunications Act Accessibility Guidelines and the
recommendations of the advisory committee.
Paragraph (e) provides that at least one mode of operation and
information retrieval which does not require user speech must be
provided, or support for assistive technology shall be provided. Most
products do not require speech input, however, if speech input is
required to operate a product, this paragraph requires that at least
one alternative input mode also be provided. For example, an
interactive telephone menu that requires the user to say or press
``one'' would meet this requirement. This provision is consistent with
the Telecommunications Act Accessibility Guidelines and the
recommendations of the advisory committee.
Paragraph (f) provides that at least one mode of operation and
information retrieval that does not require fine motor control or
simultaneous actions and which is operable with limited reach and
strength must be provided. Products that meet the requirements in
sections 1194.21(b) and 1194.23(a)(3) would comply with this
requirement. This provision is consistent with the Telecommunications
Act Accessibility Guidelines and the recommendations of the advisory
committee.
The advisory committee also recommended provisions that address
limited cognitive or memory abilities and limited language and learning
disabilities. Although it is important to be cognizant of issues for
all people with disabilities, we believe that it is difficult for a
manufacturer or procurement official to know if the criteria the
committee recommended were met. Also, many of the features required to
accommodate other disabilities, can be very useful to people with
learning and language related disabilities. For example, features such
as voice output and highlighting a focus tracking helps those with
reading difficulties.
Subpart C--Information, Documentation, and Support
Section 1194.31 Information, Documentation, and Support
In order for a product or system to be fully accessible, the
information about the product and product support services must also be
accessible. These issues are addressed in this section.
Paragraph (a) provides that when an agency provides end-user
documentation to users of technology, the agency must ensure that the
documentation is available upon request in alternate formats. Alternate
formats
[[Page 17360]]
are defined in section 1194.4, Definitions. Except as provided in
paragraph (b) below, this provision does not require alternate formats
of documentation that is not provided by the agency to other users of
technology. This provision is consistent with the recommendations of
the advisory committee.
Paragraph (b) requires that agencies supply end-users with
information about accessibility or compatibility features that are
built into a product, upon request. This provision is consistent with
the Telecommunications Act Accessibility Guidelines and the
recommendations of the advisory committee.
Paragraph (c) provides that help desks and other support services
serving an agency must be capable of accommodating the communications
needs of persons with disabilities. For example, an agency help desk
may need to communicate through a TTY. The help desk or support service
must also be familiar with such features as keyboard access and other
options important to people with disabilities. This provision is
consistent with the Telecommunications Act Accessibility Guidelines and
the recommendations of the advisory committee.
The advisory committee also recommended that any training provided
by manufacturers, providers or other parties, accommodate the
functional capabilities of all participants. The Board has not included
this provision since Federal employees already have a right to
accessible training under section 504 and other provisions of the
Rehabilitation Act.
Regulatory Process Matters
Executive Order 12866: Regulatory Planning and Review and Congressional
Review Act
This proposed rule is an economically significant regulatory action
under Executive Order 12866 and has been reviewed by the Office of
Management and Budget (OMB). The proposed rule is also a major rule
under the Congressional Review Act. The Board has prepared a regulatory
assessment for the proposed rule which has been placed in the docket
and is available for public inspection. The regulatory assessment is
also available on the Board's Internet site (http://www.access-board.gov/rules/508nprm.htm).
Section 508 covers the development, procurement, maintenance or use
of electronic and information technology by Federal agencies.
Exemptions are provided by statute for national security systems and
for instances where compliance would impose an undue burden on an
agency. The proposed rule improves the accessibility of electronic and
information technology used by the Federal government and will affect
Federal employees with disabilities, as well as members of the public
with disabilities who seek to use Federal electronic and information
technologies to access information. The proposed rule is based largely
on the recommendations of the Electronic and Information Technology
Access Advisory Committee.
The standards in the proposed rule will be incorporated into the
Federal Acquisition Regulation (FAR). Failure of a Federal agency to
comply with the standards may result in a complaint under the agency's
existing complaint procedures under section 504 of the Rehabilitation
Act or a civil action seeking to enforce compliance with the standards.
Estimated Baseline of Federal Spending for Electronic and Information
Technology
According to OMB projections, Federal government expenditures for
information technology products will be $38 billion in fiscal year
2000. The defense agencies appear to have the highest information
technology budgets, while civilian agency budgets are expected to
increase rapidly. It was not possible however, to disaggregate this
data such that it was useful for purposes of a regulatory assessment.
Instead, the regulatory assessment uses annual sales data collected
from the General Services Administration (GSA) as a proxy for the
actual number of products in each applicable technology category. Using
the GSA data, the regulatory assessment estimates that the Federal
government spends approximately $12.4 billion annually on electronic
and information technology products covered by the proposed rule. This
estimate likely understates the actual spending by the Federal
government because it is limited to the GSA data. Agencies are not
required to make purchases through the GSA supply service, thus many
items are purchased directly from suppliers. As a result, the
government costs for software and compatible hardware products may
actually be higher than estimates would indicate.
The regulatory assessment also examines historical budgetary
obligations for information technology tracked by OMB until 1998. Two
scenarios were examined to develop an upper and lower bound to
represent the proportion expected to be potentially affected by the
proposed rule. During a five year period from fiscal year 1994 through
fiscal year 1998, the average proportion of the total information
technology obligations potentially covered by the proposed rule ranged
between 25 percent and 50 percent. The $12.4 billion GSA estimate falls
within this range, representing 33 percent of the total fiscal year
1999 information technology obligations of $38 billion. One limitation
of these ranges is that they are based on gross classifications of
information technology obligations and do not provide the level of
disaggregation necessary to parallel the GSA data assessment. As a
result, the two scenarios likely include expenditures on products and
services that would not be effected by the proposed rule to a higher
degree than the data obtained from GSA.
The degree to which the potential understatement of baseline
spending leads to an understatement of the cost of the proposed rule is
unclear. Some of the components of the estimated cost of the proposed
rule rely heavily on the level of Federal spending while others are
independent of this number.
Question 9: The Board seeks information, other than that collected
from GSA, which would provide additional product specific data to
further assess the cost impact of this rule. The data should cover
either the entire, or at least a representative majority, of Federal
government acquisitions of electronic and information technology; or
capture non-GSA procurements.
Estimated Cost of Proposed Rule
The regulatory assessment includes both direct and opportunity
costs associated with the proposed rule. Major sources of cost include:
Costs of modifying electronic and information technology
to meet the substantive requirements of the standards;
Training of staff, both Federal and manufacturers, to
market, support, and use technologies modified in response to the
standards; and
Translation of documentation and instructions into
alternate formats.
The direct costs that were quantified are shown in Table 1. The
total quantified costs to society range from $177 million to $1,068
million annually. The Federal proportion of these costs is estimated to
range between $85 million and $691 million. The ability of
manufacturers, especially software manufacturers, to distribute these
costs over the general consumer population will determine the actual
proportion shared by the Federal government.
[[Page 17361]]
Assuming that the addition of accessibility features add value to the
products outside the Federal government, it is expected that the costs
will be distributed across society thereby setting a lower bound cost
to the Federal government of $85 million. If manufacturers do not
distribute the costs across society, the upper bound of the Federal
cost will increase to an estimated $1,068 million. These costs must be
placed in appropriate context by comparing them with the total Federal
expenditures for information technology. By comparison, the lower and
upper bound of the incremental costs represent a range of 0.23 percent
to 2.8 percent of the $38 billion spent by the Federal government on
information technology in fiscal year 1999. Although the regulatory
assessment does not analyze the timing of expenditures or reductions in
costs over time, it is expected that the costs will decrease over time
as a proportion of total electronic and information technology
spending.
Table 1
------------------------------------------------------------------------
Lower bound Upper bound
cost cost
Electronic and information technology estimates estimates
(millions) (millions)
------------------------------------------------------------------------
General Office Software..................... $110 $456
Mission Specific Software................... 10 52
Compatible Hardware Products................ ............ 337
Document Management Products................ 56 222
Microphotographic Products.................. 0.1 0.4
Other Miscellaneous Products................ 0.2 1
---------------------------
Total Social Cost..................... 177 1,068
Estimated Federal Proportion................ 85 \1\691
------------------------------------------------------------------------
\1\ As noted above, if manufacturers do not distribute the costs across
society, the upper bound of the Federal cost will increase to an
estimated $1,068 million.
Accessible alternatives are available to satisfy the requirements
of the proposed rule for many types of electronic and information
technologies, particularly computers and software products. Some
electronic and information technology products will require
modifications to meet the requirements of the proposed standards.
For many types of electronic and information technology, the
proposed rule focuses on compatibility with existing and future
assistive devices, such as screen readers. The proposed rule does not
require that assistive technologies be provided universally. Provision
of assistive technologies is still governed by the reasonable
accommodation requirements contained in sections 501 and 504 of the
Rehabilitation Act. Section 508 does not require that assistive devices
be purchased, but it does require that covered electronic and
information technology be capable of having such devices added at some
later time as necessary.
Software products represent the largest part of the estimated
costs. The regulatory assessment assumes that Federal software
expenditures can be divided into two major subcategories: general
office applications and mission-specific applications. Internet
applications are assumed to be represented within each of these
subcategories. General office applications include operating systems,
wordprocessors, and spreadsheets, and are assumed to represent 80
percent of the total software category. The remaining 20 percent covers
mission-specific or proprietary applications that have limited
distribution outside the Federal government. Within each subcategory,
the estimated costs of the proposed rule are distributed according to
the level or degree of accessibility already being achieved in the
private sector.
The general office application subcategory is broken into three
groups based on discussions with several industry experts. The first 30
percent is expected to require very little modification to satisfy the
proposed standards and therefore no incremental cost is associated with
this group. The middle 40 percent is expected to require minor to
medium alterations to satisfy the proposed rule. The cost of modifying
a particular general office application in this category is estimated
to be in the range of 0.4 percent to 1 percent based on discussions
with several manufacturers. This assumption is based on the ratio of
employees dedicated to accessibility issues. The methodology uses
employee classification as a proxy for cost or expense of accessibility
research and development, labor, and design that are all factored into
the final product cost. The remaining 30 percent is expected to require
significant modifications to meet the requirements of the proposed
rule, which is estimated to cost in the range of 1 percent to 5 percent
based on discussion with industry experts.
The regulatory assessment assumes that the remaining 20 percent of
the software products purchased by the Federal government represent
proprietary or mission-specific software with limited distribution
outside the government. These products will require significant
modification to satisfy the proposed rule. Based on discussions with
industry experts, the cost increase associated with achieving the level
of accessibility required by the proposed rule is estimated to range
from 1 percent to 5 percent.
Question 10: The Board requests comments on the assumptions applied
to determine the cost associated with software products. The Board also
seeks comment on alternative methods or data sources for evaluating the
Federal government's expenditure on software products.
Estimated Benefits of Proposed Rule
The benefits associated with the proposed rule results from
increased access to electronic and information technology for Federal
employees with disabilities and members of the public seeking Federal
information provided using electronic and information technology. This
increased access reduces barriers to employment in the Federal
government for persons with disabilities, reduces the probability that
Federal employees with disabilities will be underemployed, and
increases the productivity of Federal work teams. The proposed
standards may also have benefits for people outside the Federal
workforce, both with and without disabilities, as a result of spillover
of technology from the Federal government to the rest of society.
Two methods are presented in the regulatory assessment for
evaluating the quantifiable benefits of the proposed rule. The first is
a wage gap analysis that attempts to measure the difference in wages
between the general Federal workforce and Federal workers with
disabilities (i.e., targeted and reportable). While this analysis is
limited to white collar Federal workers due to data constraints, the
potential change in productivity is measured by the difference between
the weighted average salary for all white collar Federal employees and
the average within the two disability classes. This assumes that an
increase in accessibility will help diminish this wage gap by
increasing worker productivity.
The alternative is a team based approach for measuring the
productivity of Federal workers. This approach is
[[Page 17362]]
based on the assumption that a Federal workers wage rate reflects their
productivity and the scarcity of their skills in the labor market.
However this may not apply to Federal wage rates, thus the average
productivity of a Federal team is assumed to be equivalent to the
average Federal wage rate. Based on this average rate, it is assumed
that the proposed rule will produce an increase in productivity ranging
between 5 percent and 10 percent.
Since no data have been identified to support the increase in
productivity in the team based approach, the wage gap analysis is used
to represent the benefits generated by the proposed rule shown in Table
2. Keeping in mind certain data limitations with this analysis, the
benefits derived from the wage gap method do not account for benefits
that may be accrued by the general public or other Federal workers due
to spillover effects of increased accessibility resulting from the
proposed standards.
Table 2
------------------------------------------------------------------------
Aggregate
Productivity increase benefits range
(millions)
------------------------------------------------------------------------
Lower Bound.......................................... .................
Upper Bound.......................................... $466
------------------------------------------------------------------------
Not all government policies are based on maximizing economic
efficiency. Some policies are based on furthering the rights of certain
classes of individuals to achieve more equitable results, regardless of
the effect on economic efficiency. Accessibility to electronic
information and technology is an essential component of civil rights
for persons with disabilities. The proposed rule will ensure that
Federal employees with disabilities will have access to electronic and
information technology used by the Federal government that is
comparable to that of Federal employees without disabilities; and that
members of the public with disabilities will have comparable access to
information and services provided to members of the public without
disabilities through the use of Federal electronic and information
technology.
Based on Bureau of Census statistics from 1994,\14\ 20.6 percent or
54 million persons in the United States have some level of disability.
By increasing the accessibility of electronic and information
technology used by the Federal government, the proposed rule may also
improve future employment opportunities in the Federal government for
persons with disabilities currently employed by the Federal government,
and for persons that are working in the private sector or are
classified as not being active in the labor force. Increasing the
accessibility of electronic and information technology increases the
productivity and mobility of the disabled sector of the labor pool
that, under existing conditions, may face barriers to their employment
and advancement within the Federal workforce and in the private sector.
---------------------------------------------------------------------------
\14\ U.S. Department of Commerce, Economics and Statistics
Administration, ``Americans with Disabilities: 1994-95'' (P70-61),
August 1997.
---------------------------------------------------------------------------
Question 11: The Board requests comment on the sufficiency of the
benefits assessment and seeks recommendations for alternative methods
of evaluating the benefits generated by the proposed rule for persons
with disabilities, including the public as a whole.
Executive Order 13132: Federalism
By its terms, this proposed rule focuses on the development,
procurement, maintenance or use by Federal agencies of electronic and
information technology. As such, the Board believes that it does not
have federalism implications within the meaning of Executive Order
13132. The Board is aware, however, that the Department of Education
interprets the Assistive Technology Act (the ``AT Act''), 29 U.S.C.
3001, to require that States receiving assistance under the AT State
Grants program to comply with section 508, including these standards.
The Department of Education, the agency responsible for administering
the AT Act, has advised the Board that it plans to issue guidance to
explain specifically how these proposed standards would apply to the
States for purposes of the AT Act. In this regard, the Department of
Education plans to consult with State and local governments in a manner
consistent with the requirements of Executive Order 13132, and to urge
them to comment to the Access Board on the content of the proposed rule
during the public comment period. The Board recommends that any other
Federal agency considering whether (or how) to apply these standards to
non-Federal entities, or any agency required to apply these standards
to non-Federal entities by provision of law, should similarly conduct
an appropriate consultation process with all affected stakeholders. The
Board welcomes comment on any federalism implications associated with
this proposed rule.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act does not apply to proposed or
final rules that enforce constitutional rights of individuals or
enforce any statutory rights that prohibit discrimination on the basis
of race, color, sex, national origin, age, handicap, or disability.
Since the proposed rule is issued under the authority of section 508,
part of title V of the Rehabilitation Act of 1973 which establishes
civil rights protections for individuals with disabilities, an
assessment of the rule's effects on State, local, and tribal
governments, and the private sector is not required by the Unfunded
Mandates Reform Act.
List of Subjects in 36 CFR Part 1194
Civil rights, Communications equipment, Computer technology,
Electronic products, Government employees, Government procurement,
Individuals with disabilities, Reporting and recordkeeping
requirements, Telecommunications.
Thurman M. Davis, Sr.,
Chair, Architectural and Transportation Barriers Compliance Board.
For the reasons set forth in the preamble, the Board proposes to
add part 1194 to Chapter XI of title 36 of the Code of Federal
Regulations to read as follows:
PART 1194--ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY
STANDARDS
Subpart A--General
Sec.
1194.1 Purpose.
1194.2 Application.
1194.3 General exceptions.
1194.4 Definitions.
1194.5 Equivalent facilitation.
Subpart B--Accessibility Standards
1194.21 General requirements.
1194.23 Component specific requirements.
1194.25 Requirements for compatibility with assistive technology.
1194.27 Functional performance criteria.
Subpart C--Information, Documentation, and Support
1194.31 Information, documentation, and support.
Figures to Part 1194
Authority: 29 U.S.C. 794d.
Subpart A--General
Sec. 1194.1 Purpose.
The purpose of this part is to implement section 508 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794d). Section 508
requires that when Federal agencies develop, procure, maintain, or use
electronic and information technology, Federal
[[Page 17363]]
employees with disabilities have access to and use of information and
data that is comparable to the access and use by Federal employees who
are not individuals with disabilities, unless an undue burden would be
imposed on the agency. Section 508 also requires that individuals with
disabilities, who are members of the public seeking information or
services from a Federal agency, have access to and use of information
and data that is comparable to that provided to the public who are not
individuals with disabilities, unless an undue burden would be imposed
on the agency.
Sec. 1194.2 Application.
(a) When developing, procuring, maintaining, or using electronic
and information technology, each agency shall comply with the
requirements of this part, unless an undue burden would be imposed on
the agency.
(1) When compliance with the requirements of this part imposes an
undue burden, agencies shall provide individuals with disabilities with
the information and data involved by an alternative means of access
that allows the individual to use the information and data.
(2) When procuring a product, if an agency determines that
compliance with any requirement of this part imposes an undue burden,
the documentation by the agency supporting the procurement shall
explain why, and to what extent, compliance with each such requirement
creates an undue burden.
(b) Except as provided by Sec. 1194.3(b), this part applies to
electronic and information technology developed, procured, maintained,
or used by agencies directly or used by a contractor under a contract
with an agency which requires the use of such product, or requires the
use, to a significant extent, of such product in the performance of a
service or the furnishing of a product.
(c) This part applies to products procured by agencies when such
products are:
(1) Available in the commercial marketplace;
(2) Not yet available in the commercial marketplace, but through
advances in technology or performance will be available in time to
satisfy the delivery requirements under a Government solicitation; or
(3) Developed in response to a Government solicitation.
(d) Products required to be accessible shall comply with all
applicable provisions of this part. Section 1194.21 provides
requirements that apply generally to all products. Section 1194.23
provides requirements for specific components of products and shall be
applied to each component. Products may have more than one component.
Section 1194.25 provides requirements for compatibility of products
with assistive technology commonly used by individuals with
disabilities. Section 1194.27 provides functional performance criteria
for overall product evaluation and for technologies or components for
which there is no specific requirement under other sections. Section
1194.31 provides requirements for information, documentation, and
support.
Sec. 1194.3 General exceptions.
(a) This part does not apply to any telecommunications or
information system operated by agencies, the function, operation, or
use of which involves intelligence activities, cryptologic activities
related to national security, command and control of military forces,
equipment that is an integral part of a weapon or weapons system, or
systems which are critical to the direct fulfillment of military or
intelligence missions. Systems which are critical to the direct
fulfillment of military or intelligence missions do not include a
system that is to be used for routine administrative and business
applications (including payroll, finance, logistics, and personnel
management applications).
(b) This part does not apply to electronic and information
technology that is acquired by a contractor incidental to a contract.
(c) Except as required to comply with the standards in this part,
this part does not require the installation of specific accessibility-
related software or the attachment of an assistive technology device at
a workstation of a Federal employee who is not an individual with a
disability.
(d) When agencies provide access to the public to information or
data through electronic and information technology, agencies are not
required to make equipment owned by the agency available for access and
use by individuals with disabilities at a location other than that
where the electronic and information technology is provided to the
public, or to purchase equipment for access and use by individuals with
disabilities at a location other than that where the electronic and
information technology is provided to the public.
(e) This part shall not be construed to require a fundamental
alteration in the nature of a product or its components.
Sec. 1194.4 Definitions.
The following definitions apply to this part:
Accessible. Electronic and information technology which complies
with the requirements of this part.
Agency. Any Federal department or agency, including the United
States Postal Service.
Alternate formats. Alternate formats usable by people with
disabilities may include, but are not limited to, Braille, ASCII text,
large print, recorded audio, and accessible internet programming or
coding languages.
Alternate modes. Different means of providing information,
including product documentation, to people with disabilities. Alternate
modes may include, but are not limited to, voice, fax, relay service,
TTY, Internet posting, captioning, text-to-speech synthesis, and audio
description.
Assistive technology. Any item, piece of equipment, or system,
whether acquired commercially, modified, or customized, that is
commonly used to increase, maintain, or improve functional capabilities
of individuals with disabilities.
Electronic and information technology. 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 electronic and information technology
includes, but is not limited to, telecommunications products (such as
telephones), information kiosks and transaction machines, World Wide
Web sites, multimedia, and office equipment such as copiers and fax
machines. The term does not include any equipment that contains
imbedded 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. For example, HVAC (heating, ventilation, and air
conditioning) equipment such as thermostats or temperature control
devices, and medical equipment where information technology is integral
to its operation, are not information technology.
Information technology. 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. The term information technology includes computers,
[[Page 17364]]
ancillary equipment, software, firmware and similar procedures,
services (including support services), and related resources.
Operable controls. A component of a product that requires physical
contact for normal operation. Operable controls include, but are not
limited to, mechanically operated controls, paper trays, card slots,
keyboards, or keypads.
Product. Electronic and information technology.
Telecommunications. The transmission, between or among points
specified by the user, of information of the user's choosing, without
change in the form or content of the information as sent and received.
TTY. An abbreviation for teletypewriter. Machinery or equipment
that employs interactive text based communications through the
transmission of coded signals across the telephone network. TTYs may
include, for example, devices known as TDDs (telecommunication display
devices or telecommunication devices for deaf persons) or computers
with special modems. TTYs are also called text telephones.
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 agency or
components for which the product is being developed, procured,
maintained, or used.
Sec. 1194.5 Equivalent facilitation.
Nothing in this part is intended to prevent the use of designs or
technologies as alternatives to those prescribed in this part provided
they result in substantially equivalent or greater access to and use of
a product for people with disabilities.
Subpart B--Accessibility Standards
Sec. 1194.21 General requirements.
(a) Color coding shall not be used as the only means of conveying
information, indicating an action, prompting a response, or
distinguishing a visual element.
(b) Products which are freestanding, non-portable, and intended to
be used in one location and which have operable controls shall comply
with the following:
(1) The position of any operable control shall be determined with
respect to a vertical plane, which is 48 inches in length, centered on
the operable control, and at the maximum protrusion of the product
within the 48 inch length (see Fig. 1 of this part).
(2) Where any operable control is 10 inches or less behind the
reference plane, the height shall be 54 inches maximum and 15 inches
minimum above the floor.
(3) Where any operable control is more than 10 inches and not more
than 24 inches behind the reference plane, the height shall be 46
inches maximum and 15 inches minimum above the floor.
(4) Operable controls shall not be more than 24 inches behind the
reference plane (see Fig. 2 of this part).
(c) When flashing or blinking text, objects, or other elements are
displayed, the flash rate shall not exceed two Hertz.
(d) If a timed response is required, at least one mode which does
not require users to respond within a timed interval or allows users to
adjust the timing and repetition of those intervals to at least 5 times
the default setting, shall be provided.
(e) Where biometric forms of user identification or activation are
used, an alternative form of identification or activation, which does
not require the user to possess particular biological characteristics,
shall also be provided.
(f) Where touchscreens or touch-operated controls are used, such
controls shall be operable without requiring body contact or close
human body proximity, or all of the operations and functions that are
available through such controls shall be made available through an
alternate mode that does not require body contact or close human body
proximity.
Sec. 1194.23 Component specific requirements.
(a) Mechanically operated controls, keyboards or keypads. (1)
Controls and keys shall be tactilely discernible without activating the
controls or keys.
(2) The status of all locking or toggle controls or keys shall be
visually discernible, and discernible either through touch or sound.
(3) Controls shall be operable with one hand and shall not require
tight grasping, pinching, or twisting of the wrist. The force required
to activate controls shall be 5 lbs. (22.2 N) maximum.
(4) All actions available or required by the product shall be
available from the keyboard or keypad.
(5) If keyboard repeat is supported, the keyboard delay before
repeat shall be adjustable to at least 2 seconds. Key repeat rate shall
be adjustable to 2 seconds per character.
(b) Non-embedded software applications and operating systems.
(1) Logical navigation among interface elements shall be provided
by use of keystrokes.
(2) Software shall not interfere with existing features of other
products or operating systems that affect the usability for people with
disabilities.
(3) A well-defined on-screen indication of the current focus shall
be provided that moves among interactive interface elements as the
input focus changes. The focus shall be programmatically exposed so
that assistive technology can track focus and focus changes.
(4) Sufficient information about a user interface element including
the identity, operation and state of the element shall be available to
assistive technology.
(5) Where an image represents an interface element or the state of
an interface element, there must be a way for assistive technology to
associate meaningful text with the image.
(6) The use of images shall be consistent throughout an
application.
(7) Text shall be provided through an application programming
interface supporting interaction with assistive technology or use
system text writing tools. The minimum information that shall be
available to assistive technology is text content, text input caret
location, and text attributes.
(8) A minimum of 8 foreground and 8 background color selections
capable of producing a variety of contrast levels shall be provided.
(9) An option shall be provided to ignore individual application
display attributes so system-wide settings will be maintained.
(10) Electronic forms shall allow people using assistive technology
to access the information, field elements, and functionality required
for completion and submission of the form including all directions and
cues. Inaccessible electronic forms may be used, if an alternative
accessible electronic form with equivalent information, field elements,
and functionality is also provided.
(11) If animated or moving text is provided it shall also be
displayable in at least one static presentation mode at the option of
the user.
(c) Web-based information or applications.
(1) A text equivalent for every non-text element shall be provided
via ``alt'' (alternative text attribute), ``longdesc'' (long
description tag), or in element content.
(2) Web pages shall be designed so that all information required
for navigation or meaning is not dependent on the ability to identify
specific colors.
(3) Changes in the natural language (e.g., English to French) of a
document's text and any text equivalents shall be clearly identified.
[[Page 17365]]
(4) Documents shall be organized so they are readable without
requiring an associated style sheet.
(5) Web pages shall update equivalents for dynamic content whenever
the dynamic content changes.
(6) Redundant text links shall be provided for each active region
of a server-side image map.
(7) Client-side image maps shall be used whenever possible in place
of server-side image maps.
(8) Data tables shall provide identification of row and column
headers.
(9) Markup shall be used to associate data cells and header cells
for data tables that have two or more logical levels of row or column
headers.
(10) Frames shall be titled with text that facilitates frame
identification and navigation.
(11) Pages shall be usable when scripts, applets, or other
programmatic objects are turned off or are not supported, or shall
provide equivalent information on an alternative accessible page.
(12) Equivalent alternatives for any multimedia presentation shall
be synchronized with the presentation.
(13) An appropriate method shall be used to facilitate the easy
tracking of page content that provides users of assistive technology
the option to skip repetitive navigation links.
(d) Telecommunications functions. (1) Telecommunications products
which provide a function allowing voice communication and which do not
themselves provide a TTY functionality shall provide a standard non-
acoustic connection point for TTYs. It shall also be possible for the
user to easily turn any microphone on and off to allow the user to
intermix speech with TTY use.
(2) Telecommunications products which include voice communication
functionality shall support use of all cross-manufacturer non-
proprietary standard signals used by TTYs.
(3) Voice mail, auto-attendant, and interactive voice response
telecommunications systems shall be usable by TTY users with their
TTYs.
(4) Voice mail, messaging, auto-attendant, and interactive voice
response telecommunications systems shall provide at least one mode
which does not require users to respond within a timed interval or
allows users to adjust the timing and repetition of those intervals to
a minimum of 5 times the default.
(5) Where provided, caller identification and similar
telecommunications functions shall also be available for users of TTYs,
telecommunications relay services, and for users who cannot see
displays.
(6) For transmitted voice signals, telecommunications products
shall provide a gain adjustable up to a minimum of 20 dB. For
incremental volume control, at least one intermediate step of 12 dB of
gain shall be provided.
(7) If the telecommunications product allows a user to adjust the
receive volume, a function shall be provided to automatically reset the
volume to the default level after every use but not before.
(8) Where a telecommunications product delivers output by an audio
transducer, which is normally held up to the ear, a means for effective
magnetic wireless coupling to hearing technologies shall be provided.
(9) Interference to hearing technologies (including hearing aids,
cochlear implants, and assistive listening devices) shall be reduced to
the lowest possible level that allows a user of hearing technologies to
utilize the telecommunications product.
(e) Video or multimedia products. (1) All television displays 13
inches and larger, and computer equipment that includes television
receiver circuitry, shall be equipped with caption decoder circuitry
which appropriately receives, decodes, and displays closed captions
from broadcast, cable, videotape, and DVD signals.
(2) Television tuners, including tuner cards for use in computers,
shall be equipped with secondary audio program playback circuitry.
(3) All video and multimedia productions, regardless of format,
that contain speech or other audio necessary for the comprehension of
the content, shall be open or closed captioned if the production is
procured or developed for repeated showings to audiences that may
include people with hearing impairments.
(4) All video and multimedia productions, regardless of format,
that contain visual information necessary for the comprehension of the
content, shall be audio described if the production is procured or
developed for repeated showings to audiences that may include people
with visual impairments.
(5) Display or presentation of alternate text presentation or audio
descriptions shall be user-selectable unless permanent.
(f) Information kiosks and transaction machines. (1) Information
kiosks and transaction machines shall be usable by people with
disabilities without requiring an end-user to attach assistive
technology to the information kiosk or transaction machine.
(2) Where information kiosks and transaction machines deliver audio
output, including speech, a mechanism shall be provided for private
listening and user interruptability.
(3) Where information kiosks and transaction machines deliver voice
output, incremental volume control shall be provided with output
amplification up to a level of at least 65 dB. Where the ambient noise
level of the environment is above 45 dB, a volume gain of at least 20
dB above the ambient level shall be user selectable.
Sec. 1194.25 Requirements for compatibility with assistive technology.
(a) All products that act as a transport or conduit for information
or communication shall pass through cross-manufacturer, non-
proprietary, industry-standard codes, translation protocols, formats or
other information necessary to provide the information or communication
in a usable format. Technologies which use encoding, signal
compression, format transformation, or similar techniques shall not
remove information needed for access or shall restore it upon delivery.
(b) Where provided, at least one of each type of expansion slots,
ports and connectors shall comply with publicly available industry
standards.
(c) Operating system software shall not interfere with assistive
technology.
(d) Products providing auditory output shall provide the auditory
signal at a standard signal level through an industry standard
connector.
Sec. 1194.27 Functional performance criteria.
(a) At least one mode of operation and information retrieval that
does not require user vision shall be provided, or support for
assistive technology used by people who are blind or visually impaired
shall be provided.
(b) At least one mode of operation and information retrieval that
does not require visual acuity greater than 20/70 shall be provided in
audio and enlarged print output working together or independently, or
support for assistive technology used by people who are visually
impaired shall be provided.
(c) At least one mode of operation and information retrieval that
does not require user hearing shall be provided, or support for
assistive technology used by people who are deaf or hard of hearing
shall be provided.
(d) Where audio information is important for the use of a product,
at least one mode of operation and information retrieval shall be
provided in an enhanced auditory fashion.
(e) At least one mode of operation and information retrieval that
does not
[[Page 17366]]
require user speech shall be provided, or support for assistive
technology shall be provided.
(f) At least one mode of operation and information retrieval that
does not require fine motor control or simultaneous actions and that is
operable with limited reach and strength shall be provided.
Subpart C--Information, Documentation, and Support
Sec. 1194.31 Information, documentation, and support.
(a) Agencies shall ensure that any product support documentation
provided by the agency to end-users, is available in alternate formats
upon request, at no additional charge.
(b) Agencies shall ensure that end-users have access to a
description of the accessibility and compatibility features of products
provided by the agency in alternate formats or alternate modes upon
request, at no additional charge.
(c) Agencies shall ensure that support services for products
provided by the agency, will accommodate the communication needs of
end-users with disabilities.
BILLING CODE 8150-01-P
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Figures to Part 1194
[GRAPHIC] [TIFF OMITTED] TP31MR00.000
[FR Doc. 00-7719 Filed 3-30-00; 8:45 am]
BILLING CODE 8150-01-C