Electronic and Information Technology, 32645-32648 [2016-12233]
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Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations
(42 U.S.C. 402, 405(a)–(b) and (d)–(h), 416(i),
421(a), (i), and (j), 422(c), 423, 425, and
902(a)(5)); sec. 211(b), Pub. L. 104–193, 110
Stat. 2105, 2189; sec. 202, Pub. L. 108–203,
118 Stat. 509 (42 U.S.C. 902 note).
2. Amend appendix 1 to subpart P of
part 404 by revising items 10 and 15 of
the introductory text before Part A to
read as follows:
■
Appendix 1 to Subpart P of Part 404—
Listing of Impairments
*
*
*
*
*
10. Endocrine Disorders (9.00 and 109.00):
June 8, 2018.
*
*
*
*
*
15. Immune System Disorders (14.00 and
114.00): June 18, 2018.
*
*
*
*
*
[FR Doc. 2016–12182 Filed 5–23–16; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF STATE
22 CFR Part 147
[Public Notice: 9498]
RIN 1400–AD87
Electronic and Information Technology
Department of State.
ACTION: Final rule.
AGENCY:
This rule implements Section
508 of the Rehabilitation Act (Section
508) for the Department of State. Section
508 requires that when Federal
departments and agencies develop,
procure, maintain, or use electronic and
information technology, they shall
ensure that the electronic and
information technology is accessible to
individuals with disabilities who are
Federal employees, applicants for
employment, or members of the public.
DATES: This rule is effective June 23,
2016.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
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Alice Kottmyer, Attorney-Adviser, 202–
647–2318, kottmyeram@state.gov.
SUPPLEMENTARY INFORMATION: This rule
adds 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’’).
Subpart A—General Provisions
Sections 147.1 and 147.2 provide that
these 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 rule applies to all
development, procurement,
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maintenance, and use of electronic and
information technology by the
Department of State. Section 147.3
provides the definitions of ‘‘The
Department,’’ ‘‘Section 508’’, ‘‘Section
508 complaint’’, and ‘‘the Secretary’’,
and adopts the definitions in 36 CFR
1194.4.
Section 147.4 provides that the
Department will ensure that its
employees, applicants for employment,
and members of the public 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 of 1973 (22 CFR part
144). The relevant procedures are
repeated in this rulemaking, for
convenience. A Section 508 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, designated
DS–4282, is accessible and fillable and
is available on the following page:
https://eforms.state.gov/
searchform.aspx. The Department’s
analysis and notice pursuant to the
Paperwork Reduction Act are included
in the ‘‘Regulatory Analysis,’’ below.
The DS–4282 will be used for
complaints not only under Section 508,
but under Section 504 and Title VI of
the Civil Rights Act. 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
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32645
notice of the right to appeal within 90
days of the complainant’s receipt of the
notice from the Department. The
Department will notify the complainant
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 is
considering adding a parallel provision
to 22 CFR part 144 in the near future.
The Department published a proposed
rule on January 4, 2016. See 81 FR 44.
The Department received one comment
in response to the Paperwork Reduction
Act notice, expressing support for the
information collection, and received no
comments on the proposed rule.
Regulatory Analysis
Administrative Procedure Act
The Department of State published
this rulemaking as a proposed rule, with
60-day provision for public comment.
The final rule will be in effect 30 days
after publication.
Small Business Regulatory Enforcement
Fairness Act of 1996
This 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 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.
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Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations
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
this final rule to the Office of
Management and Budget (OMB) for its
review. The Department has also
reviewed the rule to ensure its
consistency with the regulatory
philosophy and principles set forth in
Executive Order 12866, and finds that
the benefits of the 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 rule in light of Executive Order
12988 to eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burden.
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Executive Orders 12372 and 13132
This 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 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 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. The
Department submitted an information
collection request to OMB for the review
and approval of the Discrimination
Complaint Form, DS–4282, under the
PRA.
This information collection will
provide a way for employees and
members of the public to submit a
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complaint of discrimination under
Section 508 and other federal statutes
relating to discrimination, as described
below.
30-Day Notice of Proposed Information
Collection: DS–4282, Discrimination
Complaint Form
The Department of State has
submitted the information collection
described below to OMB for approval.
Direct request for additional information
regarding the collection listed herein,
including requests for copies of the
proposed collection instrument and
supporting documents, to the Office of
the Legal Adviser (L/M), ATTN: Section
508 Final Rule, Suite 4325, U.S.
Department of State, 2200 C Street NW.,
Washington DC 20520; email
kottmyeram@state.gov.
• Title of the Collection: Complaint of
Discrimination Under Section 504,
Section 508 or Title VI.
• OMB Control No.: 1405–0220.
• Type of Request: New collection.
• Originating Office: Office of Civil
Rights, U.S. Department of State.
• Form Number: Form DS–4282,
Discrimination Complaint Form.
• Respondents: 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).
• Estimated number of respondents
and responses: The Department
estimates a total of 10 respondents, with
one response per respondent, per year.
• 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.
• Frequency: On occasion.
• Obligation to Respond: Voluntary.
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.
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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 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
§ 147.1
Purpose.
The purpose of this part is to
implement section 508 of the
Rehabilitation Act of 1973, as amended
(29 U.S.C. 794d), which requires that
when Federal departments and agencies
develop, procure, maintain, or use
electronic and information technology,
they shall ensure that the electronic and
information technology is accessible to
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 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.
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,
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Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations
Section 509(a), Oct. 29, 1992, 106 Stat.
4430; Public Law 105–220, Title IV,
Section 408(b), Aug. 7, 1998, 112
Stat.1203.
§ 147.4
Notice.
(a) The Secretary shall ensure that
employees, applicants for employment,
and the members of the public 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.
(b) 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
Subpart B—Complaint Procedures
Discrimination prohibited.
The Department must comply with
EIT Accessibility Standards when it
develops, procures, maintains, or uses
EIT. The Department must ensure that
individuals with disabilities who are
Federal employees or members of the
public have access to and use of
information and data that is comparable
to that provided to Federal employees or
members of the public without
disabilities, unless providing
comparable access would impose an
undue burden on the Department.
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§ 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
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
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Electronic and Information Technology
Accessibility Standards, 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.
§ 147.7
Filing a Section 508 complaint.
(a) An individual with a disability
who alleges that Department’s 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
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32647
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.
Upon request of the complainant, the
decision will be provided in an alternate
format, such as an electronic format,
braille, or large print.
(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 Department of the
notice 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. If
the Department needs additional
information and is unable, after
reasonable attempts for 30 days, to
contact a complainant using his or her
contact information, it may consider the
complaint abandoned, and may close
the complaint without action. A
complainant may re-submit a complaint
that was closed due to the inability of
the Department to contact the
complainant.
(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 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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Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations
Dated: May 9, 2016.
John M. Robinson,
Director, Office of Civil Rights, Department
of State.
[FR Doc. 2016–12233 Filed 5–23–16; 8:45 am]
BILLING CODE 4710–10–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 14 and 20
RIN 2900–AP71
Mailing Address of the Board of
Veterans’ Appeals
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its regulations
on representation of claimants and the
Rules of Practice of the Board of
Veterans’ Appeals (Board) to update the
Board’s mailing address and titles of
certain individuals and offices at the
Board to whom mail is addressed. These
amendments are necessary because of a
mailing address change and to ensure
that correct titles of certain individuals
and offices at the Board are reflected in
the regulations.
DATES: Effective Date: This rule is
effective May 24, 2016.
FOR FURTHER INFORMATION CONTACT:
Donnie R. Hachey, Chief Counsel for
Operations, Board of Veterans’ Appeals
(01C2), Department of Veterans Affairs,
810 Vermont Avenue NW., Washington,
DC 20420, (202) 632–4603. (This is not
a toll-free number.)
SUPPLEMENTARY INFORMATION: The Board
is updating its mailing address because
of new centralized mail procedures.
This document amends 38 CFR parts 14
and 20 to update the Board’s mailing
address and titles of certain individuals
and offices to whom mail is addressed.
The purpose of these revisions is to
ensure that the information contained in
38 CFR parts 14 and 20 is current and
correct.
The new centralized mail procedures
are consistent with paperless VA claims
and appeals processing. The purpose of
these procedures is to increase
efficiency of mail processing.
Centralized mail processing allows
Board staff to electronically review mail
related to appeals and upload that mail
to a Veteran’s electronic claims file in
the Veterans Benefits Management
System (VBMS).
Centralized mail processing allows for
electronic processing of the Board’s
appeals-related mail. The Board also
receives mail not intended to be
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SUMMARY:
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associated with a Veteran’s claims file
for consideration in a specific case. For
example, as indicated above, an
individual seeking additional
information regarding this rulemaking
may contact the Board’s Chief Counsel
for Operations, via mail. The Board also
distributes a Board of Veterans’ Appeals
Hearing Survey Card, VA Form 0745,
which allows an appellant to provide
anonymous feedback regarding his or
her Board hearing. The Board Hearing
Survey Card includes an attached
Business Reply Mail envelope
addressed to the Board. Additionally,
the Board’s incoming mail includes
various periodicals.
The Board is presently only utilizing
centralized mail procedures to process
mail related to appeals, which should be
mailed to the Board’s new post office
box. Other types of mail should
continue to be mailed to the Board at
810 Vermont Avenue NW., Washington,
DC 20420. VA is amending 38 CFR
20.100(c), to distinguish between these
two different mailing addresses for these
two different types of mail.
Administrative Procedure Act
These changes to 38 CFR parts 14 and
20 are being published without regard to
notice-and-comment procedures of 5
U.S.C. 553(b) because they involve only
matters of agency organization,
procedure, or practice, which are
exempted from such procedures by
virtue of 5 U.S.C. 553(b)(A). Further,
because these changes do not involve
substantive rules, they are not subject to
the provisions of 5 U.S.C. 553(d)
providing for a 30-day delay in the
effective date of substantive rules.
Paperwork Reduction Act
Although this action contains
provisions constituting collections of
information at 38 CFR 20.608, 20.702,
and 20.704, under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3521), no new or proposed
revised collections of information are
associated with this final rule. The
information collection requirements for
§§ 20.608, 20.702, and 20.704 are
currently approved by the Office of
Management and Budget (OMB) and
have been assigned OMB control
number 2900–0085.
Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule will not have a significant
economic impact on a substantial
number of small entities as they are
defined in the Regulatory Flexibility Act
(5 U.S.C. 601–612). This final rule will
directly affect only individuals and will
not directly affect small entities.
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Therefore, pursuant to 5 U.S.C. 605(b),
this rulemaking is exempt from the final
regulatory flexibility analysis
requirements of section 604.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
12866 (Regulatory Planning and
Review) defines a ‘‘significant
regulatory action’’ requiring review by
OMB, unless OMB waives such review,
as ‘‘any regulatory action that is likely
to result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; (2) Create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
Materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) Raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in this Executive
Order.’’
The economic, interagency,
budgetary, legal, and policy
implications of this regulatory action
have been examined, and it has been
determined not to be a significant
regulatory action under Executive Order
12866. VA’s impact analysis can be
found as a supporting document at
https://www.regulations.gov, usually
within 48 hours after the rulemaking
document is published. Additionally, a
copy of the rulemaking and its impact
analysis are available on VA’s Web site
at https://www.va.gov/orpm/, by
following the link for ‘‘VA Regulations
Published From FY 2004 Through Fiscal
Year to Date.’’
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
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]]>Agencies
[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Rules and Regulations]
[Pages 32645-32648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12233]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 147
[Public Notice: 9498]
RIN 1400-AD87
Electronic and Information Technology
AGENCY: Department of State.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule implements Section 508 of the Rehabilitation Act
(Section 508) for the Department of State. Section 508 requires that
when Federal departments and agencies develop, procure, maintain, or
use electronic and information technology, they shall ensure that the
electronic and information technology is accessible to individuals with
disabilities who are Federal employees, applicants for employment, or
members of the public.
DATES: This rule is effective June 23, 2016.
FOR FURTHER INFORMATION CONTACT: Alice Kottmyer, Attorney-Adviser, 202-
647-2318, kottmyeram@state.gov.
SUPPLEMENTARY INFORMATION: This rule adds 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'').
Subpart A--General Provisions
Sections 147.1 and 147.2 provide that these 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 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,'' ``Section
508'', ``Section 508 complaint'', and ``the Secretary'', and adopts the
definitions in 36 CFR 1194.4.
Section 147.4 provides that the Department will ensure that its
employees, applicants for employment, and members of the public 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 of 1973 (22 CFR part 144). The relevant
procedures are repeated in this rulemaking, for convenience. A Section
508 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, designated DS-4282, is
accessible and fillable and is available on the following page: https://eforms.state.gov/searchform.aspx. The Department's analysis and notice
pursuant to the Paperwork Reduction Act are included in the
``Regulatory Analysis,'' below. The DS-4282 will be used for complaints
not only under Section 508, but under Section 504 and Title VI of the
Civil Rights Act. 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 of the notice from the Department. The Department will notify
the complainant 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 is considering adding a parallel provision to 22 CFR part
144 in the near future.
The Department published a proposed rule on January 4, 2016. See 81
FR 44. The Department received one comment in response to the Paperwork
Reduction Act notice, expressing support for the information
collection, and received no comments on the proposed rule.
Regulatory Analysis
Administrative Procedure Act
The Department of State published this rulemaking as a proposed
rule, with 60-day provision for public comment. The final rule will be
in effect 30 days after publication.
Small Business Regulatory Enforcement Fairness Act of 1996
This 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 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.
[[Page 32646]]
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 this final rule to the Office
of Management and Budget (OMB) for its review. The Department has also
reviewed the rule to ensure its consistency with the regulatory
philosophy and principles set forth in Executive Order 12866, and finds
that the benefits of the 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 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 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 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 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. The Department
submitted an information collection request to OMB for the review and
approval of the Discrimination Complaint Form, DS-4282, 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.
30-Day Notice of Proposed Information Collection: DS-4282,
Discrimination Complaint Form
The Department of State has submitted the information collection
described below to OMB for approval. Direct request for additional
information regarding the collection listed herein, including requests
for copies of the proposed collection instrument and supporting
documents, to the Office of the Legal Adviser (L/M), ATTN: Section 508
Final Rule, Suite 4325, U.S. Department of State, 2200 C Street NW.,
Washington DC 20520; email kottmyeram@state.gov.
Title of the Collection: Complaint of Discrimination Under
Section 504, Section 508 or Title VI.
OMB Control No.: 1405-0220.
Type of Request: New collection.
Originating Office: Office of Civil Rights, U.S.
Department of State.
Form Number: Form DS-4282, Discrimination Complaint Form.
Respondents: 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).
Estimated number of respondents and responses: The
Department estimates a total of 10 respondents, with one response per
respondent, per year.
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.
Frequency: On occasion.
Obligation to Respond: Voluntary.
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 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, as amended (29 U.S.C. 794d), which requires
that when Federal departments and agencies develop, procure, maintain,
or use electronic and information technology, they shall ensure that
the electronic and information technology is accessible to 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 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.
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,
[[Page 32647]]
Section 509(a), Oct. 29, 1992, 106 Stat. 4430; Public Law 105-220,
Title IV, Section 408(b), Aug. 7, 1998, 112 Stat.1203.
Sec. 147.4 Notice.
(a) The Secretary shall ensure that employees, applicants for
employment, and the members of the public 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.
(b) 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 Accessibility Standards when it
develops, procures, maintains, or uses EIT. The Department must ensure
that individuals with disabilities who are Federal employees or members
of the public have access to and use of information and data that is
comparable to that provided to Federal employees or members of 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 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, 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's
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.
Upon request of the complainant, the decision will be provided in
an alternate format, such as an electronic format, braille, or large
print.
(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 Department of the notice 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. If the Department needs additional
information and is unable, after reasonable attempts for 30 days, to
contact a complainant using his or her contact information, it may
consider the complaint abandoned, and may close the complaint without
action. A complainant may re-submit a complaint that was closed due to
the inability of the Department to contact the complainant.
(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 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.
[[Page 32648]]
Dated: May 9, 2016.
John M. Robinson,
Director, Office of Civil Rights, Department of State.
[FR Doc. 2016-12233 Filed 5-23-16; 8:45 am]
BILLING CODE 4710-10-P
