Electronic and Information Technology, 44-47 [2015-32485]
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Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Proposed Rules
under 21 CFR 25.32(m). In accordance
with regulations issued under the
National Environmental Policy Act (40
CFR 1506.6(b)), we are placing the
environmental document submitted
with the subject petition on public
display at the Division of Dockets
Management (see ADDRESSES) so that
interested persons may review the
document. If we determine that the
petitioners’ claim of categorical
exclusion is warranted and that neither
an environmental assessment nor an
environmental impact statement is
required, we will announce our
determination in the Federal Register if
this petition results in a regulation. If
we determine that the claim of
categorical exclusion is not warranted,
we will place the environmental
assessment on public display at the
Division of Dockets Management and
provide notice in the Federal Register
announcing its availability for review
and comment.
Dated: December 29, 2015.
Dennis M. Keefe,
Director, Office of Food Additive Safety,
Center for Food Safety and Applied Nutrition.
[FR Doc. 2015–33011 Filed 12–31–15; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF STATE
22 CFR Part 147
[Public Notice: 9390]
RIN 1400–AD87
Electronic and Information Technology
Department of State.
Proposed rule.
AGENCY:
ACTION:
This proposed rule
implements Section 508 of the
Rehabilitation Act (Section 508) for the
Department of State. Section 508
requires that Federal departments and
agencies shall ensure accessibility by
individuals with disabilities who are
Federal employees, applicants for
employment, or members of the public
when developing, procuring,
maintaining, or using electronic and
information technology.
DATES: You may submit comments by
March 4, 2016.
ADDRESSES: Interested parties may
submit comments by one of the
following methods:
• Email: kottmyeram@state.gov with
the subject line, ‘‘Section 508 proposed
rule.’’
• Internet: At www.regulations.gov,
search for this notice by searching for
Docket No. DOS–2015–0072 or by the
rule’s RIN (1400–AD87).
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SUMMARY:
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• By mail: Office of the Legal Adviser
for Management, ATTN: Section 508
Rule, Room 4325, 2201 C Street NW.,
Washington, DC 20520.
Comments received outside of the
comment period may be considered if
feasible, but consideration cannot be
assured. Those submitting comments to
www.regulations.gov should not include
any personally identifying information
or information for which a claim of
confidentiality would be asserted; the
Department of State will not remove or
mask any information from comments
that are posted at www.regulations.gov.
Parties who wish to comment
anonymously may do so by submitting
their comments via
www.regulations.gov, leaving the fields
that would identify the commenter
blank and including no identifying
information in the comment itself.
Comments submitted via
www.regulations.gov are immediately
available for public inspection.
FOR FURTHER INFORMATION CONTACT:
Alice Kottmyer, Attorney-Adviser, 202–
647–2318, kottmyeram@state.gov
(please use the subject line: ‘‘Section
508 proposed rule’’).
SUPPLEMENTARY INFORMATION: The
purpose of this proposed rule is to add
a new part 147, which implements
Section 508 of the Rehabilitation Act of
1973, as amended (29 U.S.C. 794d)
(‘‘Section 508’’), as it applies to
programs and activities conducted by
the Department of State (‘‘the
Department’’). The title of this proposed
rule reflects that it applies to Electronic
and Information Technology (EIT).
Some authorities cited in this
rulemaking might use the term
‘‘Information and Communications
Technology’’ or ‘‘ICT.’’ For the purposes
of this rulemaking, the Department
considers ‘‘EIT’’ and ‘‘ICT’’ to be
interchangeable.
Subpart A—General Provisions
Proposed §§ 147.1 and 147.2 provide
that these proposed rules are intended
to implement Section 508, consistent
with that statute and the regulations
promulgated by the Access Board, at 36
CFR part 1194 (‘‘Part 1194’’). This
proposed rule applies to all
development, procurement,
maintenance, and use of electronic and
information technology by the
Department of State. Section 147.3
provides the definitions of ‘‘The
Department,’’ ‘‘Electronic and
Information Technology (EIT)’’,
‘‘Section 508,’’ ‘‘undue burden,’’
‘‘Section 508 complaint’’, ‘‘the
Secretary,’’ and otherwise adopts the
definitions in 36 CFR 1194.4.
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Section 147.4 provides that the
Department will ensure that its
employees and applicants for
employment are provided with adequate
notice of the Department’s obligations
under Section 508, part 1194, and these
rules.
Sections 147.5 and 147.6 generally
reiterate the requirements of Section 508
regarding the prohibition against
discrimination, and the requirement for
ensuring that EIT is accessible (in
accordance with part 1194), unless an
undue burden would be imposed on the
Department—in which case an
alternative means of access must be
provided.
Subpart B—Complaint Procedures
Section 147.7 provides procedures for
filing a complaint under Section 508.
The procedures included therein are
substantially the same procedures the
Department has established in
implementing Section 504 of the
Rehabilitation Act (22 CFR part 144).
The relevant procedures are repeated in
this rulemaking, for convenience. Any
complaint must be filed with the
Department’s Office of Civil Rights,
must be in writing, and submitted by
fax, email, mail, or hand-delivery. The
final, approved complaint form will be
accessible and fillable and will be
included for download on the following
page: https://eforms.state.gov/
searchform.aspx. Prior to approval by
the Office of Information and Regulatory
Affairs, a static version of the form (in
PDF format) will be available upon
request; see the FOR FURTHER
INFORMATION CONTACT section above. The
Department’s analysis and notice
pursuant to the Paperwork Reduction
Act is included in the ‘‘Regulatory
Analysis,’’ below. This form will be
used for complaints not only under
Section 508, but under other statutes as
well. This is reflected in the Paperwork
Reduction Act analysis, below.
An individual with a disability
alleging a violation of Section 508 must
file a complaint not later than 180 days
after the date the complainant knew, or
should have known, of the alleged
violation of Section 508. Once the
Department receives the complaint, it
must conduct an investigation and,
within 180 days of receiving the
complaint, shall notify the complainant
of the results of the investigation in a
letter containing findings of fact and
conclusions of law; a description of a
remedy for each violation found; and a
notice of the right to appeal within 90
days of the complainant’s receipt from
the Department of the notice. The
Department will notify the complainant
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of the results of the appeal within 60
days of the receipt of the appeal request.
Section 147.8 provides that a decision
from the Department on the merits of a
complaint, or no notification in writing
from the Department within 180 days of
filing the complaint, will constitute
exhaustion of the complainant’s
administrative remedies for purposes of
5 U.S.C. 701, et seq. This provision does
not yet have a counterpart in the
Department’s Section 504 implementing
procedures; however, the Department
believes that this provision is helpful to
clarify when there is exhaustion of
administrative remedies under the
Administrative Procedure Act for
purposes of a complaint under Section
508. The Department is reviewing the
possibility of adding a parallel provision
to 22 CFR part 144 in the near future.
Regulatory Analysis
Administrative Procedure Act
The Department of State is publishing
this rulemaking as a proposed rule, with
60-day provision for public comment.
Small Business Regulatory Enforcement
Fairness Act of 1996
This proposed rule is not a major rule
as defined by 5 U.S.C. 804 for the
purposes of Congressional review of
agency rulemaking under the Small
Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 801–808).
Unfunded Mandates Reform Act of 1995
This proposed rule will not result in
the expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of $100 million in any
year; and it will not significantly or
uniquely affect small governments.
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
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Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
The Department has determined that
this rulemaking will not have tribal
implications, will not impose
substantial direct compliance costs on
Indian tribal governments, and will not
pre-empt tribal law. Accordingly, the
requirements of Executive Order 13175
do not apply to this rulemaking.
Regulatory Flexibility Act: Small
Business
The Department of State certifies that
this rulemaking will not have an impact
on a substantial number of small
entities. A regulatory flexibility analysis
is not required under the Regulatory
Flexibility Act (5 U.S.C. 601, et seq.).
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Executive Order 12866 and Executive
Order 13563
The Department of State has provided
the rule to OMB for its review. The
Department has also reviewed the
proposed rule to ensure its consistency
with the regulatory philosophy and
principles set forth in Executive Order
12866, and finds that the benefits of the
proposed rule (in providing
mechanisms for individuals to submit
complaints of discrimination) outweigh
any costs to the public, which are
minimal. The Department of State has
also considered this rulemaking in light
of Executive Order 13563, and affirms
that this proposed regulation is
consistent with the guidance therein.
Executive Order 12988
The Department of State has reviewed
this proposed rule in light of Executive
Order 12988 to eliminate ambiguity,
minimize litigation, establish clear legal
standards, and reduce burden.
Executive Orders 12372 and 13132
This proposed rule will not have
substantial direct effect on the states, on
the relationships between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
it is determined that this proposed rule
does not have sufficient federalism
implications to require consultations or
warrant the preparation of a federalism
summary impact statement. Executive
Order 12372, regarding
intergovernmental consultation on
federal programs and activities, does not
apply to this regulation.
45
(2) Title of the Form/Collection:
Discrimination Complaint Form, OMB
Control No. 1405–0220.
(3) Agency form number: DS–4282.
(4) Affected public: This information
collection will be used by any federal
employee or member of the public who
wishes to submit a complaint of
discrimination under Title VI of the
Civil Rights Act of 1964 (42 U.S.C.
2000d); or Sections 504 or 508 of the
Rehabilitation Act of 1973 (29 U.S.C.
794 and 794d).
(5) Change to information collected by
the Department of State: This is a new
information collection.
(6) An estimate of the total number of
respondents: The Department estimates
a total of 10 respondents per year.
(7) An estimate of the total annual
public burden (in hours) associated with
the collection: The average burden
associated with this information
collection is estimated to be 1 hour per
respondent. Therefore, the Department
estimates the total annual burden for
this information collection to be 10
hours.
(8) Submit comments to both OMB
and the Department of State by the
following methods:
Paperwork Reduction Act
Office of Management and Budget
(OMB):
• Direct comments to the Department
of State Desk Officer in the Office of
Information and Regulatory Affairs at
the Office of Management and Budget
(OMB). You may submit comments by
the following methods:
• Email: oira_submission@
omb.eop.gov. You must include the DS
form number, information collection
title, and the OMB control number in
the subject line of your message.
• Fax: 202–395–5806. Attention: Desk
Officer for Department of State.
The information collection contained
in this proposed rule is pursuant to the
Paperwork Reduction Act, 44 U.S.C.
Chapter 35 and, although not yet in use,
has been assigned an OMB Control
Number. As part of this rulemaking, the
Department is seeking comment on the
administrative burden associated with
this collection of information. The
Department has submitted an
information collection request to OMB
for review and approval under the PRA.
This information collection will
provide a way for employees and
members of the public to submit a
complaint of discrimination under
Section 508 and other federal statutes
relating to discrimination, as described
below.
(1) Type of Information Collection:
New collection.
Department of State:
Date(s): The Department will accept
comments from the public up to March
4, 2016.
• Web: Persons with access to the
Internet may view this notice and
provide comments by going to the
regulations.gov Web site at: https://
www.regulations.gov/index.cfm. Search
for Docket No. DOS–2015–0072 or for
RIN number 1400–AD87.
• You must include the DS form
number (DS–4282) or information
collection title in any correspondence.
Please note that comments submitted in
response to this Notice are public
record. Before including any detailed
personal information, you should be
aware that your comments as submitted,
including your personal information,
will be available for public review.
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Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Proposed Rules
• Email: kottmyeram@state.gov. You
must include the DS form number (DS–
4282), information collection title, and
the OMB control number in any
correspondence.
(9) The Department seeks public
comment on:
• Whether the collection of
information is necessary for the proper
performance of the functions of the
Department, including whether the
information will have practical utility;
• the accuracy of the Department’s
estimate of the burden of the collection
of information, including the validity of
the methodology and assumptions used;
• the quality, utility, and clarity of
the information to be collected; and
• how to minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Abstract of Proposed Collection
The form created by this information
collection (DS–4282) will be used to
present complaints of discrimination
under Title VI of the Civil Rights Act of
1964; or Sections 504 or 508 of the
Rehabilitation Act of 1973 (29 U.S.C.
794 and 794d).
Methodology
The form will be downloaded from
https://eforms.state.gov/searchform.aspx.
After completion, the form may be
submitted by email, mail, fax, or handdelivery.
List of Subjects in 22 CFR Part 147
Civil rights, Communications
equipment, Computer technology,
Government employees, Individuals
with disabilities, Reporting and
recordkeeping requirements,
Telecommunications.
For the reasons set forth in the
preamble, 22 CFR part 147 is proposed
to be added to subchapter O to read as
follows:
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PART 147—ELECTRONIC AND
INFORMATION TECHNOLOGY
Subpart A—General Provisions
Sec.
147.1 Purpose.
147.2 Application.
147.3 Definitions.
147.4 Notice.
147.5 Discrimination prohibited.
147.6 Electronic and information
technology requirements.
Subpart B—Complaint Procedures
147.7 Filing a Section 508 complaint.
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147.8
Final agency action.
Authority: 22 U.S.C. 2651a; 29 U.S.C. 794,
794d; 36 CFR part 1194.
Subpart A—General provisions
§ 147.1
Purpose.
The purpose of this part is to
implement section 508 of the
Rehabilitation Act of 1973, which
requires that when Federal departments
and agencies develop, procure,
maintain, or use electronic and
information technology, they shall
ensure accessibility by individuals with
disabilities who are Federal employees,
applicants for employment, or members
of the public.
§ 147.2
Application.
This part applies to all development,
procurement, maintenance, and use of
electronic and information technology
(EIT), as defined in § 147.3(b) and in 36
CFR 1194.4.
§ 147.3
Definitions.
This part incorporates the definitions
in 36 CFR 1194.4. In addition, as used
in this part:
Department means the United States
Department of State and any of its
passport agencies or other facilities.
Electronic and Information
Technology (EIT) includes information
technology and any equipment or
interconnected system or subsystem of
equipment that is used in the creation,
conversion, or duplication of data or
information. The term 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. The term does not
include any equipment that contains
embedded information technology that
is used as an integral part of the
product, but the principal function of
which is not the acquisition, storage,
manipulation, management, movement,
control, display, switching, interchange,
transmission, or reception of data or
information. 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. As used herein, the
Department intends that EIT mean the
same as the term ‘‘information and
communications technology’’ or ‘‘ICT.’’
Secretary means the Secretary of State
or his or her designee.
Section 508 means section 508 of the
Rehabilitation Act of 1973, codified at
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29 U.S.C. 794d, Public Law 93–112,
Title V, Section 508, as added Public
Law 99–506, Title VI, Section 603(a),
Oct. 21, 1986, 100 Stat. 1830, and
amended Public Law 100–630, Title II,
Section 206(f), Nov. 7, 1988, 102 Stat.
3312; Public Law 102–569, Title V,
Section 509(a), Oct. 29, 1992, 106 Stat.
4430; Public Law 105–220, Title IV,
Section 408(b), Aug. 7, 1998, 112 Stat.
1203.
Undue burden has the same meaning
as that contained in 36 CFR 1194.4.
§ 147.4
Notice.
(1) The Secretary shall ensure that
employees and applicants for
employment are provided with adequate
notice of the requirements of Section
508, the Electronic and Information
Technology Accessibility Standards (36
CFR part 1194), and this part, as they
relate to the programs or activities
conducted by the Department.
(2) The Secretary shall ensure that the
home page of the Department’s publicfacing Web site provides Department
policy regarding accessibility of EIT in
accordance with Section 508 and 36
CFR part 1194, as well as an email
address for the public to ask questions
or express concerns.
§ 147.5
Discrimination prohibited.
The Department must comply with
EIT Standards and Guidelines when it
develops, procures, maintains, or uses
EIT. EIT must permit access to and use
of information and data that is
comparable to the access to and use of
information and data by federal
employees and members of the public
without disabilities. The Department
must also ensure that individuals with
disabilities who are members of the
public seeking information or services
from the Department have access to and
use of information and data that is
comparable to that provided to the
public without disabilities, unless
providing comparable access would
impose an undue burden on the
Department.
§ 147.6 Electronic and information
technology requirements.
(a) Development, procurement,
maintenance, or use of EIT. When
developing, procuring, maintaining, or
using EIT, the Department shall ensure,
unless an undue burden would be
imposed on the Department, that the
EIT allows, regardless of the type of
medium of the technology, that—
(1) Individuals with disabilities who
are Department employees have access
to and use of information and data that
is comparable to the access to and use
of the information and data by
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Department employees who are not
individuals with disabilities; and
(2) Individuals with disabilities who
are members of the public seeking
information or services from the
Department have access to and use of
information and data that is comparable
to the access to and use of the
information and data by such members
of the public who are not individuals
with disabilities.
(b) In meeting its obligations under
paragraph (a) of this section, the
Department shall comply with the
Electronic and Information Technology
Accessibility Standards (See 36 CFR
part 1194).
(c) Alternative means of access when
undue burden is imposed. When
development, procurement,
maintenance, or use of EIT that meets
the standards as provided in 36 CFR
part 1194 would impose an undue
burden, the Department shall provide
individuals with disabilities covered by
this section with the relevant
information and data by an alternative
means of access that allows the
individual to use the information and
data.
(d) Procedures for determining undue
burden. The Department procedures for
finding that full compliance with 36
CFR part 1194 would impose an undue
burden can be found at: https://
www.state.gov/m/irm/impact/
126338.htm.
Subpart B—Complaint Procedures
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§ 147.7
Filing a Section 508 complaint.
(a) An individual with a disability
who alleges that Department EIT does
not allow him or her to have access to
and use of information and data that is
comparable to access and use by
individuals without disabilities, or that
the alternative means of access provided
by the Department does not allow the
individual to use the information and
data, may file a complaint with the
Department’s Office of Civil Rights (S/
OCR).
(b) Employees, applicants for
employment, or members of the general
public are encouraged to contact
personnel in the Department office that
uses or maintains a system that is
believed not to be compliant with
Section 508 or 36 CFR part 1194 to
attempt to have their issues addressed.
Nothing in this complaint process is
intended to prevent Department
personnel from addressing any alleged
compliance issues when made aware of
such requests directly or indirectly.
(c) A Section 508 complaint must be
filed not later than 180 calendar days
after the complainant knew, or should
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have known, of the alleged
discrimination, unless the time for filing
is extended by the Department. A
Section 508 complaint must be
submitted in writing by fax, email, mail,
or hand delivery to the S/OCR office,
using the Form DS–4282,
Discrimination Complaint Form, which
can be downloaded at: https://
eforms.state.gov/searchform.aspx.
(d) Once a Section 508 complaint has
been received, S/OCR will conduct an
investigation into the allegation(s) and
render a decision as to whether a
Section 508 violation has occurred.
Within 180 days of the receipt of a
complete complaint under this part, the
Secretary shall notify the complainant
of the results of the investigation in a
letter containing—
(1) Findings of fact and conclusions of
law;
(2) A description of a remedy for each
violation found; and
(3) A notice of the right to appeal.
(e) Appeals of the findings of fact and
conclusions of law or remedies must be
filed by the complainant within 90 days
of receipt from the agency of the letter
required by § 147.7(d). The Department
may extend this time for good cause.
(f) Timely appeals shall be accepted
and processed by the Department.
(g) The Secretary shall notify the
complainant of the results of the appeal
within 60 days of the receipt of the
appeal. If the Secretary determines that
additional information is needed from
the complainant, the Secretary shall
have 60 days from the date of receipt of
the additional information to make his
or her determination on the appeal.
(h) Individuals who submit a
complaint must keep S/OCR updated at
all times with current contact
information, to include address, phone
number, and working email address.
Failure to do so may result in having the
complaint closed prior to arriving at a
decision on the merits of the complaint.
(i) A Department employee who
receives a Section 508 complaint or a
communication that raises an issue that
might reasonably be considered a
Section 508 complaint, should forward
such communication(s) to S/OCR.
§ 147.8
Final agency action.
Either a decision by the Secretary on
the merits of a complaint, or no
notification in writing from the
Secretary within 180 days of filing the
complaint, will a constitute a final
agency action and exhaustion of the
complainant’s administrative remedies
for purposes of 5 U.S.C. 701, et seq.
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47
Dated: December 17, 2015.
John M. Robinson,
Director, Office of Civil Rights, Department
of State.
[FR Doc. 2015–32485 Filed 12–31–15; 8:45 am]
BILLING CODE 4710–10–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 512
[Docket No. NHTSA–2015–0130]
RIN 2127–AL62
Confidential Business Information
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Notice of proposed rulemaking.
AGENCY:
This notice proposes to
modify the existing procedures for the
submission and processing of requests
for confidential treatment. NHTSA is
proposing that it will defer acting on
requests for confidential treatment until
it receives a FOIA request for the
information, if the Agency decides that
making a determination of
confidentiality is necessary or if making
a determination is in the public interest.
In general, unless and until a
determination is made, the information
for which confidential treatment is
requested will not be disclosed.
To ensure that requests for
confidential treatment will provide an
adequate basis for deferred
determinations, this notice also
proposes that submitters affirmatively
specify whether the materials for which
confidential treatment is sought were
voluntarily submitted and provide an
adequate basis for their claim of
voluntariness. The proposal also
contains provisions addressing agency
disposition of inadequate or incomplete
requests to ensure that submitters
comply with the requirements when
making requests for confidential
treatment. Additionally, to facilitate
communication with those making
requests for confidential treatment, this
notice proposes that an electronic mail
address be provided with all requests.
NHTSA is also proposing to amend
the regulation to provide submitters of
confidential information with the option
of submitting their requests for
confidential treatment and the materials
accompanying these requests
electronically.
DATES: Comments on the proposal are
due March 4, 2016. In compliance with
the Paperwork Reduction Act, NHTSA
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Proposed Rules]
[Pages 44-47]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32485]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 147
[Public Notice: 9390]
RIN 1400-AD87
Electronic and Information Technology
AGENCY: Department of State.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule implements Section 508 of the
Rehabilitation Act (Section 508) for the Department of State. Section
508 requires that Federal departments and agencies shall ensure
accessibility by individuals with disabilities who are Federal
employees, applicants for employment, or members of the public when
developing, procuring, maintaining, or using electronic and information
technology.
DATES: You may submit comments by March 4, 2016.
ADDRESSES: Interested parties may submit comments by one of the
following methods:
Email: kottmyeram@state.gov with the subject line,
``Section 508 proposed rule.''
Internet: At www.regulations.gov, search for this notice
by searching for Docket No. DOS-2015-0072 or by the rule's RIN (1400-
AD87).
By mail: Office of the Legal Adviser for Management, ATTN:
Section 508 Rule, Room 4325, 2201 C Street NW., Washington, DC 20520.
Comments received outside of the comment period may be considered
if feasible, but consideration cannot be assured. Those submitting
comments to www.regulations.gov should not include any personally
identifying information or information for which a claim of
confidentiality would be asserted; the Department of State will not
remove or mask any information from comments that are posted at
www.regulations.gov. Parties who wish to comment anonymously may do so
by submitting their comments via www.regulations.gov, leaving the
fields that would identify the commenter blank and including no
identifying information in the comment itself. Comments submitted via
www.regulations.gov are immediately available for public inspection.
FOR FURTHER INFORMATION CONTACT: Alice Kottmyer, Attorney-Adviser, 202-
647-2318, kottmyeram@state.gov (please use the subject line: ``Section
508 proposed rule'').
SUPPLEMENTARY INFORMATION: The purpose of this proposed rule is to add
a new part 147, which implements Section 508 of the Rehabilitation Act
of 1973, as amended (29 U.S.C. 794d) (``Section 508''), as it applies
to programs and activities conducted by the Department of State (``the
Department''). The title of this proposed rule reflects that it applies
to Electronic and Information Technology (EIT). Some authorities cited
in this rulemaking might use the term ``Information and Communications
Technology'' or ``ICT.'' For the purposes of this rulemaking, the
Department considers ``EIT'' and ``ICT'' to be interchangeable.
Subpart A--General Provisions
Proposed Sec. Sec. 147.1 and 147.2 provide that these proposed
rules are intended to implement Section 508, consistent with that
statute and the regulations promulgated by the Access Board, at 36 CFR
part 1194 (``Part 1194''). This proposed rule applies to all
development, procurement, maintenance, and use of electronic and
information technology by the Department of State. Section 147.3
provides the definitions of ``The Department,'' ``Electronic and
Information Technology (EIT)'', ``Section 508,'' ``undue burden,''
``Section 508 complaint'', ``the Secretary,'' and otherwise adopts the
definitions in 36 CFR 1194.4.
Section 147.4 provides that the Department will ensure that its
employees and applicants for employment are provided with adequate
notice of the Department's obligations under Section 508, part 1194,
and these rules.
Sections 147.5 and 147.6 generally reiterate the requirements of
Section 508 regarding the prohibition against discrimination, and the
requirement for ensuring that EIT is accessible (in accordance with
part 1194), unless an undue burden would be imposed on the Department--
in which case an alternative means of access must be provided.
Subpart B--Complaint Procedures
Section 147.7 provides procedures for filing a complaint under
Section 508. The procedures included therein are substantially the same
procedures the Department has established in implementing Section 504
of the Rehabilitation Act (22 CFR part 144). The relevant procedures
are repeated in this rulemaking, for convenience. Any complaint must be
filed with the Department's Office of Civil Rights, must be in writing,
and submitted by fax, email, mail, or hand-delivery. The final,
approved complaint form will be accessible and fillable and will be
included for download on the following page: https://eforms.state.gov/searchform.aspx. Prior to approval by the Office of Information and
Regulatory Affairs, a static version of the form (in PDF format) will
be available upon request; see the FOR FURTHER INFORMATION CONTACT
section above. The Department's analysis and notice pursuant to the
Paperwork Reduction Act is included in the ``Regulatory Analysis,''
below. This form will be used for complaints not only under Section
508, but under other statutes as well. This is reflected in the
Paperwork Reduction Act analysis, below.
An individual with a disability alleging a violation of Section 508
must file a complaint not later than 180 days after the date the
complainant knew, or should have known, of the alleged violation of
Section 508. Once the Department receives the complaint, it must
conduct an investigation and, within 180 days of receiving the
complaint, shall notify the complainant of the results of the
investigation in a letter containing findings of fact and conclusions
of law; a description of a remedy for each violation found; and a
notice of the right to appeal within 90 days of the complainant's
receipt from the Department of the notice. The Department will notify
the complainant
[[Page 45]]
of the results of the appeal within 60 days of the receipt of the
appeal request.
Section 147.8 provides that a decision from the Department on the
merits of a complaint, or no notification in writing from the
Department within 180 days of filing the complaint, will constitute
exhaustion of the complainant's administrative remedies for purposes of
5 U.S.C. 701, et seq. This provision does not yet have a counterpart in
the Department's Section 504 implementing procedures; however, the
Department believes that this provision is helpful to clarify when
there is exhaustion of administrative remedies under the Administrative
Procedure Act for purposes of a complaint under Section 508. The
Department is reviewing the possibility of adding a parallel provision
to 22 CFR part 144 in the near future.
Regulatory Analysis
Administrative Procedure Act
The Department of State is publishing this rulemaking as a proposed
rule, with 60-day provision for public comment.
Small Business Regulatory Enforcement Fairness Act of 1996
This proposed rule is not a major rule as defined by 5 U.S.C. 804
for the purposes of Congressional review of agency rulemaking under the
Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
801-808).
Unfunded Mandates Reform Act of 1995
This proposed rule will not result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million in any year; and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department has determined that this rulemaking will not have
tribal implications, will not impose substantial direct compliance
costs on Indian tribal governments, and will not pre-empt tribal law.
Accordingly, the requirements of Executive Order 13175 do not apply to
this rulemaking.
Regulatory Flexibility Act: Small Business
The Department of State certifies that this rulemaking will not
have an impact on a substantial number of small entities. A regulatory
flexibility analysis is not required under the Regulatory Flexibility
Act (5 U.S.C. 601, et seq.).
Executive Order 12866 and Executive Order 13563
The Department of State has provided the rule to OMB for its
review. The Department has also reviewed the proposed rule to ensure
its consistency with the regulatory philosophy and principles set forth
in Executive Order 12866, and finds that the benefits of the proposed
rule (in providing mechanisms for individuals to submit complaints of
discrimination) outweigh any costs to the public, which are minimal.
The Department of State has also considered this rulemaking in light of
Executive Order 13563, and affirms that this proposed regulation is
consistent with the guidance therein.
Executive Order 12988
The Department of State has reviewed this proposed rule in light of
Executive Order 12988 to eliminate ambiguity, minimize litigation,
establish clear legal standards, and reduce burden.
Executive Orders 12372 and 13132
This proposed rule will not have substantial direct effect on the
states, on the relationships between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this proposed rule does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement. Executive
Order 12372, regarding intergovernmental consultation on federal
programs and activities, does not apply to this regulation.
Paperwork Reduction Act
The information collection contained in this proposed rule is
pursuant to the Paperwork Reduction Act, 44 U.S.C. Chapter 35 and,
although not yet in use, has been assigned an OMB Control Number. As
part of this rulemaking, the Department is seeking comment on the
administrative burden associated with this collection of information.
The Department has submitted an information collection request to OMB
for review and approval under the PRA.
This information collection will provide a way for employees and
members of the public to submit a complaint of discrimination under
Section 508 and other federal statutes relating to discrimination, as
described below.
(1) Type of Information Collection: New collection.
(2) Title of the Form/Collection: Discrimination Complaint Form,
OMB Control No. 1405-0220.
(3) Agency form number: DS-4282.
(4) Affected public: This information collection will be used by
any federal employee or member of the public who wishes to submit a
complaint of discrimination under Title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d); or Sections 504 or 508 of the Rehabilitation
Act of 1973 (29 U.S.C. 794 and 794d).
(5) Change to information collected by the Department of State:
This is a new information collection.
(6) An estimate of the total number of respondents: The Department
estimates a total of 10 respondents per year.
(7) An estimate of the total annual public burden (in hours)
associated with the collection: The average burden associated with this
information collection is estimated to be 1 hour per respondent.
Therefore, the Department estimates the total annual burden for this
information collection to be 10 hours.
(8) Submit comments to both OMB and the Department of State by the
following methods:
Office of Management and Budget (OMB):
Direct comments to the Department of State Desk Officer in
the Office of Information and Regulatory Affairs at the Office of
Management and Budget (OMB). You may submit comments by the following
methods:
Email: oira_submission@omb.eop.gov. You must include the
DS form number, information collection title, and the OMB control
number in the subject line of your message.
Fax: 202-395-5806. Attention: Desk Officer for Department
of State.
Department of State:
Date(s): The Department will accept comments from the public up to
March 4, 2016.
Web: Persons with access to the Internet may view this
notice and provide comments by going to the regulations.gov Web site
at: https://www.regulations.gov/index.cfm. Search for Docket No. DOS-
2015-0072 or for RIN number 1400-AD87.
You must include the DS form number (DS-4282) or
information collection title in any correspondence. Please note that
comments submitted in response to this Notice are public record. Before
including any detailed personal information, you should be aware that
your comments as submitted, including your personal information, will
be available for public review.
[[Page 46]]
Email: kottmyeram@state.gov. You must include the DS form
number (DS-4282), information collection title, and the OMB control
number in any correspondence.
(9) The Department seeks public comment on:
Whether the collection of information is necessary for the
proper performance of the functions of the Department, including
whether the information will have practical utility;
the accuracy of the Department's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
the quality, utility, and clarity of the information to be
collected; and
how to minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.
Abstract of Proposed Collection
The form created by this information collection (DS-4282) will be
used to present complaints of discrimination under Title VI of the
Civil Rights Act of 1964; or Sections 504 or 508 of the Rehabilitation
Act of 1973 (29 U.S.C. 794 and 794d).
Methodology
The form will be downloaded from https://eforms.state.gov/searchform.aspx. After completion, the form may be submitted by email,
mail, fax, or hand-delivery.
List of Subjects in 22 CFR Part 147
Civil rights, Communications equipment, Computer technology,
Government employees, Individuals with disabilities, Reporting and
recordkeeping requirements, Telecommunications.
For the reasons set forth in the preamble, 22 CFR part 147 is
proposed to be added to subchapter O to read as follows:
PART 147--ELECTRONIC AND INFORMATION TECHNOLOGY
Subpart A--General Provisions
Sec.
147.1 Purpose.
147.2 Application.
147.3 Definitions.
147.4 Notice.
147.5 Discrimination prohibited.
147.6 Electronic and information technology requirements.
Subpart B--Complaint Procedures
147.7 Filing a Section 508 complaint.
147.8 Final agency action.
Authority: 22 U.S.C. 2651a; 29 U.S.C. 794, 794d; 36 CFR part
1194.
Subpart A--General provisions
Sec. 147.1 Purpose.
The purpose of this part is to implement section 508 of the
Rehabilitation Act of 1973, which requires that when Federal
departments and agencies develop, procure, maintain, or use electronic
and information technology, they shall ensure accessibility by
individuals with disabilities who are Federal employees, applicants for
employment, or members of the public.
Sec. 147.2 Application.
This part applies to all development, procurement, maintenance, and
use of electronic and information technology (EIT), as defined in Sec.
147.3(b) and in 36 CFR 1194.4.
Sec. 147.3 Definitions.
This part incorporates the definitions in 36 CFR 1194.4. In
addition, as used in this part:
Department means the United States Department of State and any of
its passport agencies or other facilities.
Electronic and Information Technology (EIT) includes information
technology and any equipment or interconnected system or subsystem of
equipment that is used in the creation, conversion, or duplication of
data or information. The term 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. The
term does not include any equipment that contains embedded information
technology that is used as an integral part of the product, but the
principal function of which is not the acquisition, storage,
manipulation, management, movement, control, display, switching,
interchange, transmission, or reception of data or information. 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. As used herein, the Department intends
that EIT mean the same as the term ``information and communications
technology'' or ``ICT.''
Secretary means the Secretary of State or his or her designee.
Section 508 means section 508 of the Rehabilitation Act of 1973,
codified at 29 U.S.C. 794d, Public Law 93-112, Title V, Section 508, as
added Public Law 99-506, Title VI, Section 603(a), Oct. 21, 1986, 100
Stat. 1830, and amended Public Law 100-630, Title II, Section 206(f),
Nov. 7, 1988, 102 Stat. 3312; Public Law 102-569, Title V, Section
509(a), Oct. 29, 1992, 106 Stat. 4430; Public Law 105-220, Title IV,
Section 408(b), Aug. 7, 1998, 112 Stat. 1203.
Undue burden has the same meaning as that contained in 36 CFR
1194.4.
Sec. 147.4 Notice.
(1) The Secretary shall ensure that employees and applicants for
employment are provided with adequate notice of the requirements of
Section 508, the Electronic and Information Technology Accessibility
Standards (36 CFR part 1194), and this part, as they relate to the
programs or activities conducted by the Department.
(2) The Secretary shall ensure that the home page of the
Department's public-facing Web site provides Department policy
regarding accessibility of EIT in accordance with Section 508 and 36
CFR part 1194, as well as an email address for the public to ask
questions or express concerns.
Sec. 147.5 Discrimination prohibited.
The Department must comply with EIT Standards and Guidelines when
it develops, procures, maintains, or uses EIT. EIT must permit access
to and use of information and data that is comparable to the access to
and use of information and data by federal employees and members of the
public without disabilities. The Department must also ensure that
individuals with disabilities who are members of the public seeking
information or services from the Department have access to and use of
information and data that is comparable to that provided to the public
without disabilities, unless providing comparable access would impose
an undue burden on the Department.
Sec. 147.6 Electronic and information technology requirements.
(a) Development, procurement, maintenance, or use of EIT. When
developing, procuring, maintaining, or using EIT, the Department shall
ensure, unless an undue burden would be imposed on the Department, that
the EIT allows, regardless of the type of medium of the technology,
that--
(1) Individuals with disabilities who are Department employees have
access to and use of information and data that is comparable to the
access to and use of the information and data by
[[Page 47]]
Department employees who are not individuals with disabilities; and
(2) Individuals with disabilities who are members of the public
seeking information or services from the Department have access to and
use of information and data that is comparable to the access to and use
of the information and data by such members of the public who are not
individuals with disabilities.
(b) In meeting its obligations under paragraph (a) of this section,
the Department shall comply with the Electronic and Information
Technology Accessibility Standards (See 36 CFR part 1194).
(c) Alternative means of access when undue burden is imposed. When
development, procurement, maintenance, or use of EIT that meets the
standards as provided in 36 CFR part 1194 would impose an undue burden,
the Department shall provide individuals with disabilities covered by
this section with the relevant information and data by an alternative
means of access that allows the individual to use the information and
data.
(d) Procedures for determining undue burden. The Department
procedures for finding that full compliance with 36 CFR part 1194 would
impose an undue burden can be found at: https://www.state.gov/m/irm/impact/126338.htm.
Subpart B--Complaint Procedures
Sec. 147.7 Filing a Section 508 complaint.
(a) An individual with a disability who alleges that Department EIT
does not allow him or her to have access to and use of information and
data that is comparable to access and use by individuals without
disabilities, or that the alternative means of access provided by the
Department does not allow the individual to use the information and
data, may file a complaint with the Department's Office of Civil Rights
(S/OCR).
(b) Employees, applicants for employment, or members of the general
public are encouraged to contact personnel in the Department office
that uses or maintains a system that is believed not to be compliant
with Section 508 or 36 CFR part 1194 to attempt to have their issues
addressed. Nothing in this complaint process is intended to prevent
Department personnel from addressing any alleged compliance issues when
made aware of such requests directly or indirectly.
(c) A Section 508 complaint must be filed not later than 180
calendar days after the complainant knew, or should have known, of the
alleged discrimination, unless the time for filing is extended by the
Department. A Section 508 complaint must be submitted in writing by
fax, email, mail, or hand delivery to the S/OCR office, using the Form
DS-4282, Discrimination Complaint Form, which can be downloaded at:
https://eforms.state.gov/searchform.aspx.
(d) Once a Section 508 complaint has been received, S/OCR will
conduct an investigation into the allegation(s) and render a decision
as to whether a Section 508 violation has occurred. Within 180 days of
the receipt of a complete complaint under this part, the Secretary
shall notify the complainant of the results of the investigation in a
letter containing--
(1) Findings of fact and conclusions of law;
(2) A description of a remedy for each violation found; and
(3) A notice of the right to appeal.
(e) Appeals of the findings of fact and conclusions of law or
remedies must be filed by the complainant within 90 days of receipt
from the agency of the letter required by Sec. 147.7(d). The
Department may extend this time for good cause.
(f) Timely appeals shall be accepted and processed by the
Department.
(g) The Secretary shall notify the complainant of the results of
the appeal within 60 days of the receipt of the appeal. If the
Secretary determines that additional information is needed from the
complainant, the Secretary shall have 60 days from the date of receipt
of the additional information to make his or her determination on the
appeal.
(h) Individuals who submit a complaint must keep S/OCR updated at
all times with current contact information, to include address, phone
number, and working email address. Failure to do so may result in
having the complaint closed prior to arriving at a decision on the
merits of the complaint.
(i) A Department employee who receives a Section 508 complaint or a
communication that raises an issue that might reasonably be considered
a Section 508 complaint, should forward such communication(s) to S/OCR.
Sec. 147.8 Final agency action.
Either a decision by the Secretary on the merits of a complaint, or
no notification in writing from the Secretary within 180 days of filing
the complaint, will a constitute a final agency action and exhaustion
of the complainant's administrative remedies for purposes of 5 U.S.C.
701, et seq.
Dated: December 17, 2015.
John M. Robinson,
Director, Office of Civil Rights, Department of State.
[FR Doc. 2015-32485 Filed 12-31-15; 8:45 am]
BILLING CODE 4710-10-P
