Accessibility Requirements for Internet Browsers, 30226-30231 [2013-12202]

Download as PDF 30226 Federal Register / Vol. 78, No. 99 / Wednesday, May 22, 2013 / Rules and Regulations PART 152—PRE–EXISTING CONDITION INSURANCE PLAN PROGRAM FEDERAL COMMUNICATIONS COMMISSION 1. The authority citation for part 152 continues to read as follows: [CG Docket No. 10–213; WT Docket No. 96– 198; and CG Docket No. 10–145; FCC 13– 57] 47 CFR Part 14 ■ Authority: Sec. 1101 of the Patient Protection and Affordable Care Act (Pub. L. 111–148). 2. Section 152.21 is amended by adding paragraph (c) to read as follows. ■ § 152.21 Premiums and cost-sharing. * * * * * (c) Prohibition on balance billing in the PCIP administered by HHS. A facility or provider that accepts payment under § 152.35(c)(2) for a covered service furnished to an enrollee may not bill the enrollee for an amount greater than the cost-sharing amount for the covered service calculated by the PCIP. 3. Section 152.35 is amended by adding paragraph (c) to read as follows. ■ § 152.35. Insufficient funds. * * * * * (c) Payment rates for covered services furnished beginning June 15, 2013 to enrollees in the PCIP administered by HHS. (1) Covered services furnished under the prescription drug, organ/ tissue transplant, dialysis and durable medical equipment benefits will be paid at the payment rates that are in effect on June 15, 2013. (2) With respect to all other covered services, the payment rates will be— (i) 100 percent of Medicare payment rates; or (ii) Where Medicare payment rates cannot be implemented by the federallyadministered PCIP, 50 percent of billed charges or a rate using a relative value scale pricing methodology. Dated: May 15, 2013. Marilyn Tavenner, Acting Administrator, Centers for Medicare & Medicaid Services. Dated: May 16, 2013. Kathleen Sebelius, Secretary, Department of Health and Human Services. [FR Doc. 2013–12145 Filed 5–17–13; 4:15 pm] pmangrum on DSK3VPTVN1PROD with RULES BILLING CODE 4150–03–P VerDate Mar<15>2010 14:58 May 21, 2013 Jkt 229001 Accessibility Requirements for Internet Browsers Federal Communications Commission. ACTION: Final rule. AGENCY: SUMMARY: In this document, the Commission adopts rules to implement section 718 of the Communications Act of 1934 (the Act), as amended, which was added to the Act by the TwentyFirst Century Communications and Video Accessibility Act of 2010 (CVAA). Section 718 of the Act requires Internet browsers built into mobile phones to be accessible to individuals who are blind or visually impaired. In this document, the Commission also affirms that section 716 of the Act requires certain Internet browsers used for advanced communications services to be accessible to people with disabilities. DATES: Effective October 8, 2013. FOR FURTHER INFORMATION CONTACT: Eliot Greenwald, Consumer and Governmental Affairs Bureau, Disability Rights Office, at (202) 418–2235 or email Eliot.Greenwald@fcc.gov, or Rosaline Crawford, Consumer and Governmental Affairs Bureau, Disability Rights Office, at (202) 418–2075 or email Rosaline.Crawford@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Second Report Order, document FCC 13–57, adopted on April 26, 2013, and released on April 29, 2013, in CG Docket No. 10– 213, WT Docket No. 96–198, and CG Docket No. 10–145. The full text of document FCC 13–57 will be available for public inspection and copying via ECFS, and during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street SW., Room CY–A257, Washington, DC 20554. It also may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street SW., Room CY–B402, Washington, DC 20554, telephone: (800) 378–3160, fax: (202) 488–5563, or Internet: www.bcpiweb.com. Document FCC 13–57 can also be downloaded in Word or Portable Document Format (PDF) at https://www.fcc.gov/document/ section-718-accessibility-requirementsinternet-browsers-mobile. To request materials in accessible formats for people with disabilities (Braille, large PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice) or (202) 418–0432 (TTY). Final Paperwork Reduction Act of 1995 Analysis Document FCC 13–57 does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, 44 U.S.C. 3506(c)(4). Synopsis I. Introduction 1. In document FCC 13–57, the Commission implements section 718 of the Act, which was added by section 104 of the CVAA to ensure that people with disabilities have access to emerging and innovative advanced communications technologies. Section 718 of the Act requires mobile phone manufacturers and mobile service providers that include or arrange for the inclusion of an Internet browser on mobile phones to ensure that the functions of the included browser are accessible to and usable by individuals who are blind or have a visual impairment, unless doing so is not achievable. In addition, in document FCC 13–57, the Commission affirms its previous conclusions regarding the coverage of Internet browsers used for ACS under section 716 of the Act, and retains the recordkeeping requirements and deadlines for entities covered under section 718 of the Act. II. Background 2. On October 7, 2011, the Commission adopted rules, published at 76 FR 82353, December 30, 2011, implementing section 716 of the Act (also added by the CVAA), which requires advanced communications services (ACS) and equipment used for ACS to be accessible to and usable by individuals with disabilities, unless doing so is not achievable. 47 U.S.C. 617; 47 CFR 14.1—14.21 of the Commission’s rules. The Commission also adopted rules to implement section 717, which establishes recordkeeping and enforcement requirements for entities covered under sections 255, 716, and 718 of the Act. 47 U.S.C. 618; 47 CFR 14.30—14.52 of the Commission’s rules. In addition, the Commission adopted a Further Notice of E:\FR\FM\22MYR1.SGM 22MYR1 Federal Register / Vol. 78, No. 99 / Wednesday, May 22, 2013 / Rules and Regulations Proposed Rulemaking (ACS FNPRM), published at 76 FR 82240, December 30, 2011, that sought comment on rules to implement section 718. Among other things, the Commission raised the following issues in the ACS FNPRM: (1) Coverage of Internet browsers under section 716 and section 718; (2) the best ways to implement section 718 to achieve compliance by the time the provision goes into effect; (3) accessibility application programming interfaces (APIs); and (4) the recordkeeping requirements. pmangrum on DSK3VPTVN1PROD with RULES III. Coverage of Internet Browsers Under Section 716 and Section 718 A. General Coverage of Internet Browsers Under Section 716 of the Act 3. In document FCC 13–57, the Commission affirms its previous conclusion that equipment with manufacturer-installed or included Internet browsers used for ACS are encompassed within the term ‘‘equipment used for ACS’’ subject to section 716 of the Act. Likewise, the Commission affirms that an ACS provider is responsible for the accessibility of the underlying components of its service, including any software, such as an Internet browser, that it provides. Among other things, this means that the functions of an Internet browser—to enable users, for example, to input a uniform resource locator (URL) into the address bar; to identify and activate home, back, forward, refresh, reload, and stop buttons; to view status information; and to activate zooming or other features that are used for ACS—must be accessible to individuals with disabilities, unless doing so is not achievable. 4. In document FCC 13–57, the Commission concludes that Internet browsers do not ‘‘pass through’’ information to independent downstream devices, software, or applications, as that term is used in section 14.20(c) of the Commission’s rules. Nevertheless, the Commission notes that covered entities are not relieved of their obligations to ensure the accessibility of browsers included by manufacturers or service providers under section 716 of the Act. For example, if a covered entity installs or directs the installation of an Internet browser, and the browser supports a specific web standard, approved standards recommendations, or technology that includes the capabilities to support accessibility features and capabilities, it must ensure that the Internet browser can use such capabilities contained in those standards or technologies to support the VerDate Mar<15>2010 14:58 May 21, 2013 Jkt 229001 intended accessibility features and capabilities in the ACS web application retrieved and displayed by the browser, unless doing so is not achievable. To the extent that an included Internet browser does not support a particular technology that is needed to make web-based information available to the general public, the Commission declines to require covered entities to ensure that such browsers support the technology solely for the purpose of achieving accessibility. B. Overlapping Coverage of Internet Browsers Under Sections 716 and 718 of the Act 5. In document FCC 13–57, the Commission finds that, with respect to individuals with disabilities generally, section 716(a) of the Act covers manufacturers of all equipment (including mobile phones) that include an Internet browser used for ACS, and section 716(b) of the Act covers ACS providers (including mobile service providers that provide ACS) that provide or require the installation and use of an Internet browser as an underlying component of their ACS. The Commission further finds that, specifically with respect to individuals who are blind or visually impaired, section 718 of the Act covers manufacturers of mobile phones that include an Internet browser used for any purpose, as well as mobile service providers who arrange for the inclusion of an Internet browser used for any purpose. IV. Implementation of Section 718 6. Except as otherwise noted, in document FCC 13–57, the Commission adopts rules for section 718 of the Act that are analogous to the Commission’s Part 14 rules implementing section 716. Specifically, the rules adopted define the terms ‘‘accessible’’ and ‘‘usable’’ as the Commission previously defined these terms when implementing sections 716(a)(1) and (b)(1) and sections 255(b) and (c) of the Act. The Commission also adopts key requirements similar to those in its section 255 and section 716 rules regarding product design, development, and evaluation. Entities subject to section 718 of the Act must consider performance objectives at the design stage as early as possible and identify barriers to accessibility and usability as part of their evaluation when considering implementation of the accessibility performance objectives. 47 CFR 14.20(a) and (b) of the Commission’s rules. Entities subject to section 718 of the Act must also ensure that information and documentation PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 30227 that they provide to customers are accessible, if achievable. 47 CFR 14.20(d) of the Commission’s rules. 7. The Commission declines to apply the information pass-through requirement in section 14.20(c) of the Commission’s rules to entities covered under section 718 of the Act. Nevertheless, the Commission notes that covered entities are not relieved of their obligations under section 718 of the Act. A covered entity that installs or directs the installation of an Internet browser that supports a specific web standard, approved standards recommendations, or technology that includes the capabilities to support accessibility features and capabilities, must ensure that the Internet browser can use such capabilities contained in those standards or technologies to support the intended accessibility features and capabilities in the web application retrieved and displayed by the browser, unless doing so is not achievable. To the extent that an included Internet browser does not support a particular technology that is needed to make web-based information available to the general public, the Commission declines to require covered entities to ensure that such browsers support the technology solely for the purpose of achieving accessibility. 8. Section 716(g) of the Act defines the term ‘‘achievable’’ for the purposes of both section 716 and section 718 to mean ‘‘with reasonable effort or expense, as determined by the Commission’’ and requires consideration of four specific factors when making such determinations. In document FCC 13–57, the Commission defines and applies the term ‘‘achievable’’ to entities covered under section 718(a) of the Act in the same manner as this term is defined in section 716(g) of the Act and as it is applied to entities covered under sections 716(a)(1) and (b)(1) of the Act. 9. In document FCC 13–57, the Commission defines and applies the industry flexibility provisions contained in section 718(b) of the Act in the same manner as these provisions are defined and applied in sections 716(a)(2) and (b)(2) of the Act. These provisions allow industry the flexibility to satisfy their respective accessibility requirements with or without the use of third party applications, peripheral devices, software, hardware, or customer premises equipment that are available to consumers at nominal cost and that individuals with disabilities can access. 10. The Commission does not apply the compatibility provision contained in section 716(c) of the Act—requiring that, if compliance with the accessibility E:\FR\FM\22MYR1.SGM 22MYR1 30228 Federal Register / Vol. 78, No. 99 / Wednesday, May 22, 2013 / Rules and Regulations requirements for ACS and equipment used for ACS is not achievable, then such equipment or services must be compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, unless doing so is not achievable—to entities covered under section 718 of the Act, because there is no provision in section 718 parallel to section 716(c) of the Act that would demonstrate Congress’s intent for such a requirement. However, the Commission notes that mobile phones that include Internet browsers are generally also subject to the compatibility requirements of section 716(c) of the Act to the extent the mobile phones are used for ACS, such as electronic messaging, and of section 255(d) of the Act to the extent the mobile phones are used for telecommunications service. 11. The Commission also does not apply the provisions in section 716 of the Act governing exemptions from the accessibility requirements for customized equipment or services, and waivers for small entities and multipurpose services and equipment to section 718 of the Act, because section 718 contains no parallel exemption or waiver provisions. Nevertheless, the Commission notes that an entity covered by section 718 of the Act may petition for a waiver of the Commission’s rules implementing section 718 pursuant to the Commission’s general waiver provisions contained at 47 CFR 1.3 of the Commission’s rules. pmangrum on DSK3VPTVN1PROD with RULES V. Accessibility Application Programming Interfaces 12. An API is software that an application program uses to request and carry out lower-level services performed by the operating system of a computer or telephone. An accessibility API, in turn, is a specialized interface developed by a platform owner which can be used to communicate accessibility information about user interfaces to assistive technologies. Because there are various methods to achieve compliance with the section 718 of the Act requirements, and there is a need to afford covered entities flexibility on how to comply, the Commission, at this time, does not mandate that covered entities include accessibility APIs in mobile phones. Further, at this time, the Commission declines to establish the inclusion of an accessibility API in a mobile phone as a safe harbor for compliance with section 718 of the Act. VerDate Mar<15>2010 14:58 May 21, 2013 Jkt 229001 VI. Recordkeeping Requirements 13. Section 717(a)(5)(A) of the Act requires, beginning January 30, 2013, each manufacturer and service provider subject to sections 255, 716, and 718 of the Act to maintain records of its efforts to implement sections 255, 716, and 718, including the following: information about its efforts to consult with individuals with disabilities; descriptions of the accessibility features of its products and services; and information about the compatibility of its products and services with equipment commonly used by individuals with disabilities to achieve access. In October 2011, the Commission adopted recordkeeping requirements implementing this statutory requirement. In the ACS FNPRM, the Commission sought comment on whether these recordkeeping requirements should be retained or altered for entities covered under section 718 of the Act. In document FCC 13–57, the Commission retains the recordkeeping requirements as adopted and declines to delay implementation for entities covered under section 718 of the Act. Final Regulatory Flexibility Analysis 14. As required by the Regulatory Flexibility Act of 1980, as amended (RFA), 5 U.S.C. 603, an Initial Regulatory Flexibility Analysis (IRFA) was included in the ACS FNPRM in CG Docket No. 10–213, WT Docket No. 96– 198, and CG Docket No. 10–145. The Commission sought written public comment on the proposals in these dockets, including comment on the IRFA. This Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA. A. Need for, and Objectives of, the Second Report and Order 15. In document FCC 13–57, the Commission adopts rules to implement section 718 of the Act, which was added by the CVAA. Specifically, section 718(a) of the Act requires a mobile phone manufacturer that includes an Internet browser or a mobile phone service provider that arranges for an Internet browser to be included on a mobile phone to ensure that the browser functions are accessible to and usable by individuals who are blind or have a visual impairment, unless doing so is not achievable. Under section 718(b) of the Act, mobile phone manufacturers or service providers may achieve compliance with or without the use of third party applications, peripheral devices, software, hardware, or customer premises equipment. Congress provided that the effective date for these PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 requirements is three years after the enactment of the CVAA, which is October 8, 2013. 16. In document FCC 13–57, the Commission finds that sections 716 and 718 of the Act, which were both adopted by the CVAA, have overlapping requirements. Specifically, section 716 of the Act applies to all Internet browsers that are built into equipment and used for ACS or that may be required to be installed by ACS equipment manufacturers or providers. Section 718 of the Act applies only to the discrete category of Internet browsers built into mobile phones used for any purpose (not just to access ACS) by a discrete group of individuals with disabilities, that is, people who are blind or have a visual impairment. 17. In document FCC 13–57, the Commission adopts rules for section 718 of the Act that are consistent with the Commission’s rules implementing section 716 of the Act. 47 CFR 14.1– 14.21 of the Commission’s rules. For the purpose of applying section 718(a) of the Act, the terms ‘‘accessible’’ and ‘‘usable’’ are defined in the same manner as these terms are applied to entities covered under sections 716(a)(1) and (b)(1) of the Act. Because section 716(g) of the Act defines ‘‘achievable’’ for purposes of both sections 716 and 718, the Commission defines and applies the term ‘‘achievable’’ to entities covered under section 718 of the Act in the same manner as entities covered under section 716 of the Act. Because sections 716(a)(2) and (b)(2) of the Act are virtually identical to section 718(b) of the Act, the Commission defines and applies the industry flexibility provisions contained in section 718(b) of the Act in the same manner as these provisions are defined and applied in section 716 of the Act. 18. Section 716 of the Act includes specific exemptions for customized equipment or services, and gives the Commission authority to waive accessibility requirements for small entities and multipurpose services and equipment. Because section 718 of the Act contains no parallel exemption or waiver provisions, the Commission finds insufficient basis to establish similar exemptions and waiver provisions specific to the requirements of section 718 of the Act. Nevertheless, an entity covered by section 718 of the Act could petition for a waiver of the Commission’s rules implementing section 718 pursuant to the Commission’s general waiver provisions requiring petitioners to show good cause to waive the rules, and a showing that the particular facts of the petitioner’s circumstances make compliance E:\FR\FM\22MYR1.SGM 22MYR1 Federal Register / Vol. 78, No. 99 / Wednesday, May 22, 2013 / Rules and Regulations inconsistent with the public interest. 47 CFR 1.3 of the Commission’s rules. 19. In document FCC 13–57, the Commission also declines to require accessibility APIs because there are various methods to achieve compliance with the section 718 of the Act requirements, and there is a need to afford covered entities flexibility on how to comply. Lastly, in document FCC 13–57, the Commission retains the recordkeeping requirements previously adopted for manufacturers and service providers covered under section 718 of the Act. 47 CFR 14.31 of the Commission’s rules. B. Summary of the Significant Issues Raised by the Public Comments in Response to the IRFA 20. No party filing comments in this proceeding responded to the IRFA in regard to implementation of section 718 of the Act, and no party filing comments in this proceeding otherwise addressed whether the policies and rules proposed in this proceeding regarding implementation of section 718 of the Act would have a significant economic impact on a substantial number of small entities. pmangrum on DSK3VPTVN1PROD with RULES C. Description and Estimate of the Number of Small Entities to Which the Rules Will Apply 21. The RFA directs agencies to provide a description of, and where feasible, an estimate of the number of small entities that face possible significant economic impact by the adoption of proposed rules. The RFA generally defines the term ‘‘small entity’’ as having the same meaning as the terms ‘‘small business,’’ ‘‘small organization,’’ and ‘‘small governmental jurisdiction.’’ In addition, the term ‘‘small business’’ has the same meaning as the term ‘‘small business concern’’ under the Small Business Act. A ‘‘small business concern’’ is one that (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA. Nationwide, there are a total of approximately 27.9 million small businesses, according to the SBA. 22. The following entities have been identified as entities in which a majority of businesses in each category are estimated to be small. NAICS codes are provided where applicable. • Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing (334220) • Wireless Telecommunications Carriers (except satellite) (517210) VerDate Mar<15>2010 14:58 May 21, 2013 Jkt 229001 D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements 23. Recordkeeping. In document FCC 13–57, the Commission retains the recordkeeping requirements previously adopted, which requires, beginning January 30, 2013, that each service provider and each equipment manufacturer subject to sections 255, 716, and 718 of the Act maintain certain records. 47 CFR 14.31 of the Commission’s rules. These records document the efforts taken by a manufacturer or service provider to implement sections 255, 716, and 718 of the Act, and specifically include: (1) Information about the manufacturer’s or provider’s efforts to consult with individuals with disabilities; (2) descriptions of the accessibility features of its products and services; and (3) information about the compatibility of such products and services with peripheral devices or specialized customer premise equipment commonly used by individuals with disabilities to achieve access. 24. Annual Certification Obligations. The CVAA and the Commission’s rules require an officer of each service provider and equipment manufacturer subject to sections 255, 716, and 718 of the Act to submit to the Commission an annual certificate that records are kept in accordance with the above recordkeeping requirements. The certification must be filed with the Consumer and Governmental Affairs Bureau on or before April 1 each year for records pertaining to the previous calendar year. In document FCC 13–57, the Commission makes no changes to these requirements. 25. Achievability Analysis. Section 718(a) of the Act requires that the functions of Internet browsers included in mobile telephones ‘‘are accessible to and usable by individuals who are blind or have a visual impairment, unless doing so is not achievable. . . .’’ Section 716(g) of the Act, in turn, defines achievable as meaning ‘‘with reasonable effort or expense. . . .’’ The statute goes on to provide a four factor test to assess achievability. Two of the factors—(1) the nature and costs of the steps needed to meet the requirements with respect to the specific equipment or service in question and (2) the technical and economic impact on the operation of the manufacturer or provider and on the operation of the specific equipment or service in question, including on the development and deployment of new communications technologies— specifically take into account the cost of meeting the requirements and the PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 30229 financial resources available to the equipment manufacturer or service provider. As a result, the initial cost of compliance is to perform the achievability analysis itself, which we estimate to be a small incremental cost when compared to the cost of developing the Internet browser. After the achievability analysis is conducted, the additional cost of making the equipment or service accessible to and usable by individuals who are blind or have a visual impairment is fact specific—it is dependent upon the design of the Internet browser and the accessibility features that are needed. In this regard, because the Internet browser is required to be accessible only if achievable, and because the achievability analysis takes into consideration the cost of providing accessibility as well as the financial resources of the manufacturer or service provider, the requirement to undertake an achievability analysis prevents the accessibility requirements adopted in document FCC 13–57 from having a significant economic impact on small entities. E. Steps Taken To Minimize Significant Economic Impact on Small Entities and Significant Alternatives Considered 26. The RFA requires an agency to describe any significant alternatives it considered in developing its approach, which may include the following four alternatives, among others: ‘‘(1) The establishment of differing compliance or certification requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and certification requirements under the rule for such small entities; (3) the use of performance rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for such small entities.’’ 27. In document FCC 13–57, the Commission continues and preserves the steps taken previously to minimize adverse economic impact on small entities. Specifically, in document FCC 13–57, the Commission continues to promote flexibility for all entities in several ways. The rules require covered entities to ensure that Internet browsers included in mobile phones are accessible, unless not achievable. This is a statutory requirement; therefore no alternatives were considered. However, this requirement has built-in flexibility. All entities, including small entities, may build accessibility features into the product or may rely on third party applications, peripheral devices, software, hardware, or customer E:\FR\FM\22MYR1.SGM 22MYR1 pmangrum on DSK3VPTVN1PROD with RULES 30230 Federal Register / Vol. 78, No. 99 / Wednesday, May 22, 2013 / Rules and Regulations premises equipment to meet their obligations under section 718 of the Act, if achievable. Achievability is determined through a four factor analysis, described above. Through this analysis, an otherwise covered entity can demonstrate that accessibility is not achievable. Two of the four factors are particularly relevant to small entities: the nature and cost of the steps needed to meet the section 716 of the Act requirements and the technical and economic impact on the entity’s operations. If achievability is overly expensive or has some significant negative technical or economic impact on a covered entity, the entity can show that accessibility was not achievable as a defense to a complaint. This achievability analysis, therefore, provides a statutorily based means of minimizing the economic impact of the CVAA’s requirements on small entities. 28. The rules adopted in document FCC 13–57 require covered entities to consider performance objectives at the design stage as early and consistently as possible. This requirement is necessary to ensure that accessibility is considered at the point where it is logically best to incorporate accessibility. The CVAA and document FCC 13–57 are performance-driven and avoid mandating particular designs. Instead, they focus on an entity’s compliance with the accessibility requirements through whatever means the entity finds necessary to make its product or service accessible, unless not achievable. This provides flexibility by allowing each entity, including small entities, to individually meet its obligations through what works best for that given entity (given the accessibility needs of the consumers being served), instead of mandating a rigid requirement that applies to all covered entities. 29. In document FCC 13–57, the Commission also leaves unchanged the requirements adopted previously that allow covered entities to keep records in any format they wish, because this flexibility affords small entities the greatest flexibility to choose and maintain the recordkeeping system that best suits their resources and their needs. The Commission found that this approach takes into account the variances in covered entities (e.g., size, experience with the Commission), recordkeeping methods, and products and services covered by the CVAA. Moreover, the Commission found that it provided the greatest flexibility for small businesses and minimized the economic impact that the statutorily mandated requirements impose on small businesses. Correspondingly, the Commission considered and rejected the VerDate Mar<15>2010 14:58 May 21, 2013 Jkt 229001 alternative of imposing a specific format or one-size-fits-all system for recordkeeping that could potentially impose greater burdens on small businesses. In addition, in document FCC 13–57, the Commission leaves unchanged the certification requirement, which is also required by the statute. 30. Although section 718 of the Act contains no exemption or waiver provisions comparable to those in section 716 of the Act, in document FCC 13–57, the Commission notes that an entity covered by section 718 of the Act may petition for a waiver of the Commission’s rules implementing section 718 pursuant to the general waiver provisions in section 1.3 of the Commission’s rules, which requires a showing of good cause to waive the rules, as well as a showing that particular facts make compliance inconsistent with the public interest. Section 1.3 of the Commission’s rules therefore affords small entities additional compliance flexibility. F. Federal Rules that May Duplicate, Overlap, or Conflict With Proposed Rules 31. Section 255(e) of the Act, as amended, directs the Architectural and Transportation Barriers Compliance Board (Access Board) to develop equipment accessibility guidelines ‘‘in conjunction with’’ the Commission, and periodically to review and update those guidelines. The Commission views the Access Board’s current guidelines as well as its proposed guidelines as starting points for our interpretation and implementation of sections 716, 717, and 718 of the Act, as well as section 255 of the Act. As such, our rules do not overlap, duplicate, or conflict with either existing or proposed Access Board guidelines on section 255 of the Act. Congressional Review Act 32. The Commission will send a copy of document FCC 13–57 in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act. 5 U.S.C. 801(a)(1)(A). Ordering Clauses 33. Pursuant to sections 4(i), 303(r), 716, 717, and 718 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), 617, 618, and 619, document FCC 13–57 is hereby adopted. List of subjects in 47 CFR Part 14 Advanced communications services equipment, Individuals with PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 disabilities, Manufacturers of equipment used for advanced communications services, Providers of advanced communications services, Recordkeeping and enforcement requirements. Federal Communications Commission. Marlene H. Dortch, Secretary. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 14 as follows: PART 14—ACCESS TO ADVANCED COMMUNICATIONS SERVICES AND EQUIPMENT BY PEOPLE WITH DISABILITIES 1. The authority citation for part 14 is revised to read as follows: ■ Authority: 47 U.S.C. 151–154, 255, 303, 403, 503, 617, 618, 619 unless otherwise noted. ■ 2. Add subpart E to read as follows: Subpart E—Internet Browsers Built Into Telephones Used With Public Mobile Services. Sec. 14.60 Applicability. 14.61 Obligations with respect to internet browsers built into mobile phones. § 14.60 Applicability. (a) This subpart E shall apply to a manufacturer of a telephone used with public mobile services (as such term is defined in 47 U.S.C. 710(b)(4)(B)) that includes an Internet browser in such telephone that is offered for sale or otherwise distributed in interstate commerce, or a provider of mobile services that arranges for the inclusion of a browser in telephones to sell or otherwise distribute to customers in interstate commerce. (b) Only the following enumerated provisions contained in this part 14 shall apply to this subpart E. (1) The limitations contained in § 14.2 shall apply to this subpart E. (2) The definitions contained in § 14.10 shall apply to this subpart E. (3) The product design, development and evaluation provisions contained in § 14.20(b) shall apply to this subpart E. (4) The information, documentation, and training provisions contained in § 14.20(d) shall apply to this subpart E. (5) The performance objectives provisions contained in § 14.21(a), (b)(1)(i), (b)(1)(ii), (b)(1)(iii), (b)(2)(i), (b)(2)(ii), (b)(2)(iii), (b)(2)(vii), and (c) shall apply to this subpart E. (6) All of subpart D shall apply to this subpart E. E:\FR\FM\22MYR1.SGM 22MYR1 Federal Register / Vol. 78, No. 99 / Wednesday, May 22, 2013 / Rules and Regulations § 14.61 Obligations with respect to internet browsers built into mobile phones. DEPARTMENT OF DEFENSE (a) Accessibility. If on or after October 8, 2013 a manufacturer of a telephone used with public mobile services includes an Internet browser in such telephone, or if a provider of mobile service arranges for the inclusion of a browser in telephones to sell to customers, the manufacturer or provider shall ensure that the functions of the included browser (including the ability to launch the browser) are accessible to and usable by individuals who are blind or have a visual impairment, unless doing so is not achievable, except that this subpart shall not impose any requirement on such manufacturer or provider— (1) To make accessible or usable any Internet browser other than a browser that such manufacturer or provider includes or arranges to include in the telephone; or (2) To make Internet content, applications, or services accessible or usable (other than enabling individuals with disabilities to use an included browser to access such content, applications, or services). (b) Industry flexibility. A manufacturer or provider may satisfy the requirements of this subpart with respect to such telephone or services by— (1) Ensuring that the telephone or services that such manufacturer or provider offers is accessible to and usable by individuals with disabilities without the use of third-party applications, peripheral devices, software, hardware, or customer premises equipment; or (2) Using third-party applications, peripheral devices, software, hardware, or customer premises equipment that is available to the consumer at nominal cost and that individuals with disabilities can access. Defense Acquisition Regulations System [FR Doc. 2013–12202 Filed 5–21–13; 8:45 am] BILLING CODE 6712–01–P 48 CFR Part 204 RIN 0750–AH80 Defense Federal Acquisition Regulation Supplement: Clarification of ‘‘F’’ Orders in the Procurement Instrument Identification Number Structure (DFARS Case 2012–D040) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: SUMMARY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update instructions for assigning basic and supplementary procurement instrument identification numbers. DATES: Effective: May 22, 2013. FOR FURTHER INFORMATION CONTACT: Fernell Warren, telephone 571–372– 6089. SUPPLEMENTARY INFORMATION: I. Background DoD published a proposed rule in the Federal Register at 77 FR 51957 on August 28, 2012, to update instructions for assigning basic and supplementary procurement instrument identification numbers (PIIN) by limiting the use of ‘‘F’’ in the 9th position of the PIIN to those orders and calls issued by DoD under indefinite delivery type contracts and agreements issued by departments or agencies outside the DoD. Two respondents submitted public comments in response to the proposed rule. II. Discussion and Analysis of the Public Comments DoD reviewed the public comments in the development of the final rule. A discussion of the comments is provided. A. Summary of Changes from the Proposed Rule There were no changes made from the proposed rule as a result of the comments. pmangrum on DSK3VPTVN1PROD with RULES B. Analysis of public comments 1. Information technology Comment: One respondent was concerned that if AbilityOne and FPI vendors were no longer identified by an ‘‘F’’ in the 9th position of the PIIN, field activities would no longer be able to pull data relating to these awards. The VerDate Mar<15>2010 14:58 May 21, 2013 Jkt 229001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 30231 respondent asked what office would be responsible for retrieving such data, and whether a particular system, EProcurement/Records Management, allows for data retrieval via Data Universal Numbering System number and/or Commercial and Government Entity code. Response: The ‘‘F’’ in the 9th position has not been exclusively utilized for AbilityOne and FPI awards; therefore retrieving data by the ‘‘F’’ in 9th position does not provide a sufficiently discrete result. DoD uses other data elements, such as specific DUNS numbers and validations from the Ability One Program, as indicators for awards to Federal Prison Industries and Ability One vendors. 2. Implementation impact Comment: One respondent stated that standardizing identification systems would benefit DoD. However, the respondent was concerned that the rule could have an adverse impact on smaller, i.e. AbilityOne and FPI, vendors. The respondent inquired as to whether implementation of the rule would apply to existing awards, and if so, might cause an additional adverse impact. Response: The revision of the use of ‘‘F’’ in PIINs will have no impact on the smaller AbilityOne and FPI vendors; it is simply an award identifier. DoD uses other data elements, such as specific DUNS numbers and validations from the Ability One Program, as indicators for awards to Federal Prison Industries and Ability One vendors. The final rule is a prospective change to DFARS. Existing award and order numbers will not be changed. DoD anticipates no adverse impacts from implementation of this rule. III. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. E:\FR\FM\22MYR1.SGM 22MYR1

Agencies

FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 78, Number 99 (Wednesday, May 22, 2013)]
[Rules and Regulations]
[Pages 30226-30231]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12202]

=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 14

[CG Docket No. 10-213; WT Docket No. 96-198; and CG Docket No. 10-145;
FCC 13-57]

Accessibility Requirements for Internet Browsers

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission adopts rules to implement
section 718 of the Communications Act of 1934 (the Act), as amended,
which was added to the Act by the Twenty-First Century Communications
and Video Accessibility Act of 2010 (CVAA). Section 718 of the Act
requires Internet browsers built into mobile phones to be accessible to
individuals who are blind or visually impaired. In this document, the
Commission also affirms that section 716 of the Act requires certain
Internet browsers used for advanced communications services to be
accessible to people with disabilities.

DATES: Effective October 8, 2013.

FOR FURTHER INFORMATION CONTACT: Eliot Greenwald, Consumer and
Governmental Affairs Bureau, Disability Rights Office, at (202) 418-
2235 or email Eliot.Greenwald@fcc.gov, or Rosaline Crawford, Consumer
and Governmental Affairs Bureau, Disability Rights Office, at (202)
418-2075 or email Rosaline.Crawford@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report Order, document FCC 13-57, adopted on April 26, 2013, and
released on April 29, 2013, in CG Docket No. 10-213, WT Docket No. 96-
198, and CG Docket No. 10-145. The full text of document FCC 13-57 will
be available for public inspection and copying via ECFS, and during
regular business hours at the FCC Reference Information Center, Portals
II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. It also
may be purchased from the Commission's duplicating contractor, Best
Copy and Printing, Inc., Portals II, 445 12th Street SW., Room CY-B402,
Washington, DC 20554, telephone: (800) 378-3160, fax: (202) 488-5563,
or Internet: www.bcpiweb.com. Document FCC 13-57 can also be downloaded
in Word or Portable Document Format (PDF) at https://www.fcc.gov/document/section-718-accessibility-requirements-internet-browsers-mobile. To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to fcc504@fcc.gov or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY).

Final Paperwork Reduction Act of 1995 Analysis

Document FCC 13-57 does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. In addition, therefore, it does not contain
any new or modified information collection burden for small business
concerns with fewer than 25 employees, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, 44 U.S.C. 3506(c)(4).

Synopsis

I. Introduction

1. In document FCC 13-57, the Commission implements section 718 of
the Act, which was added by section 104 of the CVAA to ensure that
people with disabilities have access to emerging and innovative
advanced communications technologies. Section 718 of the Act requires
mobile phone manufacturers and mobile service providers that include or
arrange for the inclusion of an Internet browser on mobile phones to
ensure that the functions of the included browser are accessible to and
usable by individuals who are blind or have a visual impairment, unless
doing so is not achievable. In addition, in document FCC 13-57, the
Commission affirms its previous conclusions regarding the coverage of
Internet browsers used for ACS under section 716 of the Act, and
retains the recordkeeping requirements and deadlines for entities
covered under section 718 of the Act.

II. Background

2. On October 7, 2011, the Commission adopted rules, published at
76 FR 82353, December 30, 2011, implementing section 716 of the Act
(also added by the CVAA), which requires advanced communications
services (ACS) and equipment used for ACS to be accessible to and
usable by individuals with disabilities, unless doing so is not
achievable. 47 U.S.C. 617; 47 CFR 14.1--14.21 of the Commission's
rules. The Commission also adopted rules to implement section 717,
which establishes recordkeeping and enforcement requirements for
entities covered under sections 255, 716, and 718 of the Act. 47 U.S.C.
618; 47 CFR 14.30--14.52 of the Commission's rules. In addition, the
Commission adopted a Further Notice of

[[Page 30227]]

Proposed Rulemaking (ACS FNPRM), published at 76 FR 82240, December 30,
2011, that sought comment on rules to implement section 718. Among
other things, the Commission raised the following issues in the ACS
FNPRM: (1) Coverage of Internet browsers under section 716 and section
718; (2) the best ways to implement section 718 to achieve compliance
by the time the provision goes into effect; (3) accessibility
application programming interfaces (APIs); and (4) the recordkeeping
requirements.

III. Coverage of Internet Browsers Under Section 716 and Section 718

A. General Coverage of Internet Browsers Under Section 716 of the Act

3. In document FCC 13-57, the Commission affirms its previous
conclusion that equipment with manufacturer-installed or included
Internet browsers used for ACS are encompassed within the term
``equipment used for ACS'' subject to section 716 of the Act. Likewise,
the Commission affirms that an ACS provider is responsible for the
accessibility of the underlying components of its service, including
any software, such as an Internet browser, that it provides. Among
other things, this means that the functions of an Internet browser--to
enable users, for example, to input a uniform resource locator (URL)
into the address bar; to identify and activate home, back, forward,
refresh, reload, and stop buttons; to view status information; and to
activate zooming or other features that are used for ACS--must be
accessible to individuals with disabilities, unless doing so is not
achievable.
4. In document FCC 13-57, the Commission concludes that Internet
browsers do not ``pass through'' information to independent downstream
devices, software, or applications, as that term is used in section
14.20(c) of the Commission's rules. Nevertheless, the Commission notes
that covered entities are not relieved of their obligations to ensure
the accessibility of browsers included by manufacturers or service
providers under section 716 of the Act. For example, if a covered
entity installs or directs the installation of an Internet browser, and
the browser supports a specific web standard, approved standards
recommendations, or technology that includes the capabilities to
support accessibility features and capabilities, it must ensure that
the Internet browser can use such capabilities contained in those
standards or technologies to support the intended accessibility
features and capabilities in the ACS web application retrieved and
displayed by the browser, unless doing so is not achievable. To the
extent that an included Internet browser does not support a particular
technology that is needed to make web-based information available to
the general public, the Commission declines to require covered entities
to ensure that such browsers support the technology solely for the
purpose of achieving accessibility.

B. Overlapping Coverage of Internet Browsers Under Sections 716 and 718
of the Act

5. In document FCC 13-57, the Commission finds that, with respect
to individuals with disabilities generally, section 716(a) of the Act
covers manufacturers of all equipment (including mobile phones) that
include an Internet browser used for ACS, and section 716(b) of the Act
covers ACS providers (including mobile service providers that provide
ACS) that provide or require the installation and use of an Internet
browser as an underlying component of their ACS. The Commission further
finds that, specifically with respect to individuals who are blind or
visually impaired, section 718 of the Act covers manufacturers of
mobile phones that include an Internet browser used for any purpose, as
well as mobile service providers who arrange for the inclusion of an
Internet browser used for any purpose.

IV. Implementation of Section 718

6. Except as otherwise noted, in document FCC 13-57, the Commission
adopts rules for section 718 of the Act that are analogous to the
Commission's Part 14 rules implementing section 716. Specifically, the
rules adopted define the terms ``accessible'' and ``usable'' as the
Commission previously defined these terms when implementing sections
716(a)(1) and (b)(1) and sections 255(b) and (c) of the Act. The
Commission also adopts key requirements similar to those in its section
255 and section 716 rules regarding product design, development, and
evaluation. Entities subject to section 718 of the Act must consider
performance objectives at the design stage as early as possible and
identify barriers to accessibility and usability as part of their
evaluation when considering implementation of the accessibility
performance objectives. 47 CFR 14.20(a) and (b) of the Commission's
rules. Entities subject to section 718 of the Act must also ensure that
information and documentation that they provide to customers are
accessible, if achievable. 47 CFR 14.20(d) of the Commission's rules.
7. The Commission declines to apply the information pass-through
requirement in section 14.20(c) of the Commission's rules to entities
covered under section 718 of the Act. Nevertheless, the Commission
notes that covered entities are not relieved of their obligations under
section 718 of the Act. A covered entity that installs or directs the
installation of an Internet browser that supports a specific web
standard, approved standards recommendations, or technology that
includes the capabilities to support accessibility features and
capabilities, must ensure that the Internet browser can use such
capabilities contained in those standards or technologies to support
the intended accessibility features and capabilities in the web
application retrieved and displayed by the browser, unless doing so is
not achievable. To the extent that an included Internet browser does
not support a particular technology that is needed to make web-based
information available to the general public, the Commission declines to
require covered entities to ensure that such browsers support the
technology solely for the purpose of achieving accessibility.
8. Section 716(g) of the Act defines the term ``achievable'' for
the purposes of both section 716 and section 718 to mean ``with
reasonable effort or expense, as determined by the Commission'' and
requires consideration of four specific factors when making such
determinations. In document FCC 13-57, the Commission defines and
applies the term ``achievable'' to entities covered under section
718(a) of the Act in the same manner as this term is defined in section
716(g) of the Act and as it is applied to entities covered under
sections 716(a)(1) and (b)(1) of the Act.
9. In document FCC 13-57, the Commission defines and applies the
industry flexibility provisions contained in section 718(b) of the Act
in the same manner as these provisions are defined and applied in
sections 716(a)(2) and (b)(2) of the Act. These provisions allow
industry the flexibility to satisfy their respective accessibility
requirements with or without the use of third party applications,
peripheral devices, software, hardware, or customer premises equipment
that are available to consumers at nominal cost and that individuals
with disabilities can access.
10. The Commission does not apply the compatibility provision
contained in section 716(c) of the Act--requiring that, if compliance
with the accessibility

[[Page 30228]]

requirements for ACS and equipment used for ACS is not achievable, then
such equipment or services must be compatible with existing peripheral
devices or specialized customer premises equipment commonly used by
individuals with disabilities to achieve access, unless doing so is not
achievable--to entities covered under section 718 of the Act, because
there is no provision in section 718 parallel to section 716(c) of the
Act that would demonstrate Congress's intent for such a requirement.
However, the Commission notes that mobile phones that include Internet
browsers are generally also subject to the compatibility requirements
of section 716(c) of the Act to the extent the mobile phones are used
for ACS, such as electronic messaging, and of section 255(d) of the Act
to the extent the mobile phones are used for telecommunications
service.
11. The Commission also does not apply the provisions in section
716 of the Act governing exemptions from the accessibility requirements
for customized equipment or services, and waivers for small entities
and multipurpose services and equipment to section 718 of the Act,
because section 718 contains no parallel exemption or waiver
provisions. Nevertheless, the Commission notes that an entity covered
by section 718 of the Act may petition for a waiver of the Commission's
rules implementing section 718 pursuant to the Commission's general
waiver provisions contained at 47 CFR 1.3 of the Commission's rules.

V. Accessibility Application Programming Interfaces

12. An API is software that an application program uses to request
and carry out lower-level services performed by the operating system of
a computer or telephone. An accessibility API, in turn, is a
specialized interface developed by a platform owner which can be used
to communicate accessibility information about user interfaces to
assistive technologies. Because there are various methods to achieve
compliance with the section 718 of the Act requirements, and there is a
need to afford covered entities flexibility on how to comply, the
Commission, at this time, does not mandate that covered entities
include accessibility APIs in mobile phones. Further, at this time, the
Commission declines to establish the inclusion of an accessibility API
in a mobile phone as a safe harbor for compliance with section 718 of
the Act.

VI. Recordkeeping Requirements

13. Section 717(a)(5)(A) of the Act requires, beginning January 30,
2013, each manufacturer and service provider subject to sections 255,
716, and 718 of the Act to maintain records of its efforts to implement
sections 255, 716, and 718, including the following: information about
its efforts to consult with individuals with disabilities; descriptions
of the accessibility features of its products and services; and
information about the compatibility of its products and services with
equipment commonly used by individuals with disabilities to achieve
access. In October 2011, the Commission adopted recordkeeping
requirements implementing this statutory requirement. In the ACS FNPRM,
the Commission sought comment on whether these recordkeeping
requirements should be retained or altered for entities covered under
section 718 of the Act. In document FCC 13-57, the Commission retains
the recordkeeping requirements as adopted and declines to delay
implementation for entities covered under section 718 of the Act.

Final Regulatory Flexibility Analysis

14. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), 5 U.S.C. 603, an Initial Regulatory Flexibility Analysis
(IRFA) was included in the ACS FNPRM in CG Docket No. 10-213, WT Docket
No. 96-198, and CG Docket No. 10-145. The Commission sought written
public comment on the proposals in these dockets, including comment on
the IRFA. This Final Regulatory Flexibility Analysis (FRFA) conforms to
the RFA.

A. Need for, and Objectives of, the Second Report and Order

15. In document FCC 13-57, the Commission adopts rules to implement
section 718 of the Act, which was added by the CVAA. Specifically,
section 718(a) of the Act requires a mobile phone manufacturer that
includes an Internet browser or a mobile phone service provider that
arranges for an Internet browser to be included on a mobile phone to
ensure that the browser functions are accessible to and usable by
individuals who are blind or have a visual impairment, unless doing so
is not achievable. Under section 718(b) of the Act, mobile phone
manufacturers or service providers may achieve compliance with or
without the use of third party applications, peripheral devices,
software, hardware, or customer premises equipment. Congress provided
that the effective date for these requirements is three years after the
enactment of the CVAA, which is October 8, 2013.
16. In document FCC 13-57, the Commission finds that sections 716
and 718 of the Act, which were both adopted by the CVAA, have
overlapping requirements. Specifically, section 716 of the Act applies
to all Internet browsers that are built into equipment and used for ACS
or that may be required to be installed by ACS equipment manufacturers
or providers. Section 718 of the Act applies only to the discrete
category of Internet browsers built into mobile phones used for any
purpose (not just to access ACS) by a discrete group of individuals
with disabilities, that is, people who are blind or have a visual
impairment.
17. In document FCC 13-57, the Commission adopts rules for section
718 of the Act that are consistent with the Commission's rules
implementing section 716 of the Act. 47 CFR 14.1-14.21 of the
Commission's rules. For the purpose of applying section 718(a) of the
Act, the terms ``accessible'' and ``usable'' are defined in the same
manner as these terms are applied to entities covered under sections
716(a)(1) and (b)(1) of the Act. Because section 716(g) of the Act
defines ``achievable'' for purposes of both sections 716 and 718, the
Commission defines and applies the term ``achievable'' to entities
covered under section 718 of the Act in the same manner as entities
covered under section 716 of the Act. Because sections 716(a)(2) and
(b)(2) of the Act are virtually identical to section 718(b) of the Act,
the Commission defines and applies the industry flexibility provisions
contained in section 718(b) of the Act in the same manner as these
provisions are defined and applied in section 716 of the Act.
18. Section 716 of the Act includes specific exemptions for
customized equipment or services, and gives the Commission authority to
waive accessibility requirements for small entities and multipurpose
services and equipment. Because section 718 of the Act contains no
parallel exemption or waiver provisions, the Commission finds
insufficient basis to establish similar exemptions and waiver
provisions specific to the requirements of section 718 of the Act.
Nevertheless, an entity covered by section 718 of the Act could
petition for a waiver of the Commission's rules implementing section
718 pursuant to the Commission's general waiver provisions requiring
petitioners to show good cause to waive the rules, and a showing that
the particular facts of the petitioner's circumstances make compliance

[[Page 30229]]

inconsistent with the public interest. 47 CFR 1.3 of the Commission's
rules.
19. In document FCC 13-57, the Commission also declines to require
accessibility APIs because there are various methods to achieve
compliance with the section 718 of the Act requirements, and there is a
need to afford covered entities flexibility on how to comply. Lastly,
in document FCC 13-57, the Commission retains the recordkeeping
requirements previously adopted for manufacturers and service providers
covered under section 718 of the Act. 47 CFR 14.31 of the Commission's
rules.

B. Summary of the Significant Issues Raised by the Public Comments in
Response to the IRFA

20. No party filing comments in this proceeding responded to the
IRFA in regard to implementation of section 718 of the Act, and no
party filing comments in this proceeding otherwise addressed whether
the policies and rules proposed in this proceeding regarding
implementation of section 718 of the Act would have a significant
economic impact on a substantial number of small entities.

C. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply

21. The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that face
possible significant economic impact by the adoption of proposed rules.
The RFA generally defines the term ``small entity'' as having the same
meaning as the terms ``small business,'' ``small organization,'' and
``small governmental jurisdiction.'' In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act. A ``small business concern'' is one that
(1) Is independently owned and operated; (2) is not dominant in its
field of operation; and (3) satisfies any additional criteria
established by the SBA. Nationwide, there are a total of approximately
27.9 million small businesses, according to the SBA.
22. The following entities have been identified as entities in
which a majority of businesses in each category are estimated to be
small. NAICS codes are provided where applicable.

Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing (334220)
Wireless Telecommunications Carriers (except satellite)
(517210)

D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements

23. Recordkeeping. In document FCC 13-57, the Commission retains
the recordkeeping requirements previously adopted, which requires,
beginning January 30, 2013, that each service provider and each
equipment manufacturer subject to sections 255, 716, and 718 of the Act
maintain certain records. 47 CFR 14.31 of the Commission's rules. These
records document the efforts taken by a manufacturer or service
provider to implement sections 255, 716, and 718 of the Act, and
specifically include: (1) Information about the manufacturer's or
provider's efforts to consult with individuals with disabilities; (2)
descriptions of the accessibility features of its products and
services; and (3) information about the compatibility of such products
and services with peripheral devices or specialized customer premise
equipment commonly used by individuals with disabilities to achieve
access.
24. Annual Certification Obligations. The CVAA and the Commission's
rules require an officer of each service provider and equipment
manufacturer subject to sections 255, 716, and 718 of the Act to submit
to the Commission an annual certificate that records are kept in
accordance with the above recordkeeping requirements. The certification
must be filed with the Consumer and Governmental Affairs Bureau on or
before April 1 each year for records pertaining to the previous
calendar year. In document FCC 13-57, the Commission makes no changes
to these requirements.
25. Achievability Analysis. Section 718(a) of the Act requires that
the functions of Internet browsers included in mobile telephones ``are
accessible to and usable by individuals who are blind or have a visual
impairment, unless doing so is not achievable. . . .'' Section 716(g)
of the Act, in turn, defines achievable as meaning ``with reasonable
effort or expense. . . .'' The statute goes on to provide a four factor
test to assess achievability. Two of the factors--(1) the nature and
costs of the steps needed to meet the requirements with respect to the
specific equipment or service in question and (2) the technical and
economic impact on the operation of the manufacturer or provider and on
the operation of the specific equipment or service in question,
including on the development and deployment of new communications
technologies--specifically take into account the cost of meeting the
requirements and the financial resources available to the equipment
manufacturer or service provider. As a result, the initial cost of
compliance is to perform the achievability analysis itself, which we
estimate to be a small incremental cost when compared to the cost of
developing the Internet browser. After the achievability analysis is
conducted, the additional cost of making the equipment or service
accessible to and usable by individuals who are blind or have a visual
impairment is fact specific--it is dependent upon the design of the
Internet browser and the accessibility features that are needed. In
this regard, because the Internet browser is required to be accessible
only if achievable, and because the achievability analysis takes into
consideration the cost of providing accessibility as well as the
financial resources of the manufacturer or service provider, the
requirement to undertake an achievability analysis prevents the
accessibility requirements adopted in document FCC 13-57 from having a
significant economic impact on small entities.

E. Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered

26. The RFA requires an agency to describe any significant
alternatives it considered in developing its approach, which may
include the following four alternatives, among others: ``(1) The
establishment of differing compliance or certification requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance and certification requirements under the rule for such small
entities; (3) the use of performance rather than design standards; and
(4) an exemption from coverage of the rule, or any part thereof, for
such small entities.''
27. In document FCC 13-57, the Commission continues and preserves
the steps taken previously to minimize adverse economic impact on small
entities. Specifically, in document FCC 13-57, the Commission continues
to promote flexibility for all entities in several ways. The rules
require covered entities to ensure that Internet browsers included in
mobile phones are accessible, unless not achievable. This is a
statutory requirement; therefore no alternatives were considered.
However, this requirement has built-in flexibility. All entities,
including small entities, may build accessibility features into the
product or may rely on third party applications, peripheral devices,
software, hardware, or customer

[[Page 30230]]

premises equipment to meet their obligations under section 718 of the
Act, if achievable. Achievability is determined through a four factor
analysis, described above. Through this analysis, an otherwise covered
entity can demonstrate that accessibility is not achievable. Two of the
four factors are particularly relevant to small entities: the nature
and cost of the steps needed to meet the section 716 of the Act
requirements and the technical and economic impact on the entity's
operations. If achievability is overly expensive or has some
significant negative technical or economic impact on a covered entity,
the entity can show that accessibility was not achievable as a defense
to a complaint. This achievability analysis, therefore, provides a
statutorily based means of minimizing the economic impact of the CVAA's
requirements on small entities.
28. The rules adopted in document FCC 13-57 require covered
entities to consider performance objectives at the design stage as
early and consistently as possible. This requirement is necessary to
ensure that accessibility is considered at the point where it is
logically best to incorporate accessibility. The CVAA and document FCC
13-57 are performance-driven and avoid mandating particular designs.
Instead, they focus on an entity's compliance with the accessibility
requirements through whatever means the entity finds necessary to make
its product or service accessible, unless not achievable. This provides
flexibility by allowing each entity, including small entities, to
individually meet its obligations through what works best for that
given entity (given the accessibility needs of the consumers being
served), instead of mandating a rigid requirement that applies to all
covered entities.
29. In document FCC 13-57, the Commission also leaves unchanged the
requirements adopted previously that allow covered entities to keep
records in any format they wish, because this flexibility affords small
entities the greatest flexibility to choose and maintain the
recordkeeping system that best suits their resources and their needs.
The Commission found that this approach takes into account the
variances in covered entities (e.g., size, experience with the
Commission), recordkeeping methods, and products and services covered
by the CVAA. Moreover, the Commission found that it provided the
greatest flexibility for small businesses and minimized the economic
impact that the statutorily mandated requirements impose on small
businesses. Correspondingly, the Commission considered and rejected the
alternative of imposing a specific format or one-size-fits-all system
for recordkeeping that could potentially impose greater burdens on
small businesses. In addition, in document FCC 13-57, the Commission
leaves unchanged the certification requirement, which is also required
by the statute.
30. Although section 718 of the Act contains no exemption or waiver
provisions comparable to those in section 716 of the Act, in document
FCC 13-57, the Commission notes that an entity covered by section 718
of the Act may petition for a waiver of the Commission's rules
implementing section 718 pursuant to the general waiver provisions in
section 1.3 of the Commission's rules, which requires a showing of good
cause to waive the rules, as well as a showing that particular facts
make compliance inconsistent with the public interest. Section 1.3 of
the Commission's rules therefore affords small entities additional
compliance flexibility.

F. Federal Rules that May Duplicate, Overlap, or Conflict With Proposed
Rules

31. Section 255(e) of the Act, as amended, directs the
Architectural and Transportation Barriers Compliance Board (Access
Board) to develop equipment accessibility guidelines ``in conjunction
with'' the Commission, and periodically to review and update those
guidelines. The Commission views the Access Board's current guidelines
as well as its proposed guidelines as starting points for our
interpretation and implementation of sections 716, 717, and 718 of the
Act, as well as section 255 of the Act. As such, our rules do not
overlap, duplicate, or conflict with either existing or proposed Access
Board guidelines on section 255 of the Act.

Congressional Review Act

32. The Commission will send a copy of document FCC 13-57 in a
report to be sent to Congress and the Government Accountability Office
pursuant to the Congressional Review Act. 5 U.S.C. 801(a)(1)(A).

Ordering Clauses

33. Pursuant to sections 4(i), 303(r), 716, 717, and 718 of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), 617,
618, and 619, document FCC 13-57 is hereby adopted.

List of subjects in 47 CFR Part 14

Advanced communications services equipment, Individuals with
disabilities, Manufacturers of equipment used for advanced
communications services, Providers of advanced communications services,
Recordkeeping and enforcement requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 14 as follows:

PART 14--ACCESS TO ADVANCED COMMUNICATIONS SERVICES AND EQUIPMENT
BY PEOPLE WITH DISABILITIES

0
1. The authority citation for part 14 is revised to read as follows:

Authority: 47 U.S.C. 151-154, 255, 303, 403, 503, 617, 618, 619
unless otherwise noted.

0
2. Add subpart E to read as follows:

Subpart E--Internet Browsers Built Into Telephones Used With Public
Mobile Services.

Sec.
14.60 Applicability.
14.61 Obligations with respect to internet browsers built into
mobile phones.

Sec. 14.60 Applicability.

(a) This subpart E shall apply to a manufacturer of a telephone
used with public mobile services (as such term is defined in 47 U.S.C.
710(b)(4)(B)) that includes an Internet browser in such telephone that
is offered for sale or otherwise distributed in interstate commerce, or
a provider of mobile services that arranges for the inclusion of a
browser in telephones to sell or otherwise distribute to customers in
interstate commerce.
(b) Only the following enumerated provisions contained in this part
14 shall apply to this subpart E.
(1) The limitations contained in Sec. 14.2 shall apply to this
subpart E.
(2) The definitions contained in Sec. 14.10 shall apply to this
subpart E.
(3) The product design, development and evaluation provisions
contained in Sec. 14.20(b) shall apply to this subpart E.
(4) The information, documentation, and training provisions
contained in Sec. 14.20(d) shall apply to this subpart E.
(5) The performance objectives provisions contained in Sec.
14.21(a), (b)(1)(i), (b)(1)(ii), (b)(1)(iii), (b)(2)(i), (b)(2)(ii),
(b)(2)(iii), (b)(2)(vii), and (c) shall apply to this subpart E.
(6) All of subpart D shall apply to this subpart E.

[[Page 30231]]

Sec. 14.61 Obligations with respect to internet browsers built into
mobile phones.

(a) Accessibility. If on or after October 8, 2013 a manufacturer of
a telephone used with public mobile services includes an Internet
browser in such telephone, or if a provider of mobile service arranges
for the inclusion of a browser in telephones to sell to customers, the
manufacturer or provider shall ensure that the functions of the
included browser (including the ability to launch the browser) are
accessible to and usable by individuals who are blind or have a visual
impairment, unless doing so is not achievable, except that this subpart
shall not impose any requirement on such manufacturer or provider--
(1) To make accessible or usable any Internet browser other than a
browser that such manufacturer or provider includes or arranges to
include in the telephone; or
(2) To make Internet content, applications, or services accessible
or usable (other than enabling individuals with disabilities to use an
included browser to access such content, applications, or services).
(b) Industry flexibility. A manufacturer or provider may satisfy
the requirements of this subpart with respect to such telephone or
services by--
(1) Ensuring that the telephone or services that such manufacturer
or provider offers is accessible to and usable by individuals with
disabilities without the use of third-party applications, peripheral
devices, software, hardware, or customer premises equipment; or
(2) Using third-party applications, peripheral devices, software,
hardware, or customer premises equipment that is available to the
consumer at nominal cost and that individuals with disabilities can
access.

[FR Doc. 2013-12202 Filed 5-21-13; 8:45 am]
BILLING CODE 6712-01-P

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