Information and Communication Technology (ICT) Standards and Guidelines, 2912-2916 [2018-00848]
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Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations
Directive 023–01, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting for 2 hours on 33 separate
days that would prohibit entry into a
portion of Oregon Inlet for bridge
construction. It is categorically excluded
from further review under paragraph
L60 (a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T05–0964 to read as
follows:
■
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§ 165.T05–0964 Safety Zone; Oregon Inlet,
Dare County, NC.
(a) Location. The following area is a
safety zone: all navigable waters of
Oregon Inlet, from approximate position
35°46′23″ N, 75°32′18″ W, thence
southeast to 35°46′18″ N, 75°32′12″ W,
thence southwest to 35°46′16″ N,
75°32′16″ W, thence northwest to
35°46′20″ N, 75°32′23″ W, thence
northeast back to the point of origin
(NAD 1983) in Dare County, NC.
(b) Definitions. As used in this
section—
Designated representative means a
Coast Guard Patrol Commander,
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including a Coast Guard commissioned,
warrant, or petty officer designated by
the Captain of the Port North Carolina
(COTP) for the enforcement of the safety
zone.
Captain of the Port means the
Commander, Sector North Carolina.
Construction crews means persons
and vessels involved in support of
construction.
(c) Regulations. (1) The general
regulations governing safety zones in
§ 165.23 apply to the area described in
paragraph (a) of this section.
(2) With the exception of construction
crews, entry into or remaining in this
safety zone is prohibited.
(3) All vessels within this safety zone
when this section becomes effective
must depart the zone immediately.
(4) The Captain of the Port, North
Carolina can be reached through the
Coast Guard Sector North Carolina
Command Duty Officer, Wilmington,
North Carolina at telephone number
910–343–3882.
(5) The Coast Guard and designated
security vessels enforcing the safety
zone can be contacted on VHF–FM
marine band radio channel 13 (165.65
MHz) and channel 16 (156.8 MHz).
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement period. This
regulation will be enforced from January
29, 2018, through March 24, 2018, with
alternate dates of March 25, 2018,
through May 6, 2018.
(f) Public notification. The Coast
Guard will notify the public of the
specific two hour closures at least 48
hours in advance by transmitting
Broadcast Notice to Mariners via VHF–
FM marine channel 16.
Dated: January 8, 2018.
Bion B. Stewart,
Captain, U.S. Coast Guard Captain of the
Port North Carolina.
[FR Doc. 2018–00883 Filed 1–19–18; 8:45 am]
BILLING CODE 9110–04–P
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ARCHITECTURAL AND
TRANSPORTATION BARRIERS
COMPLIANCE BOARD
36 CFR Part 1194
[Docket No. ATBCB–2015–0002]
RIN 3014–AA37
Information and Communication
Technology (ICT) Standards and
Guidelines
Architectural and
Transportation Barriers Compliance
Board.
ACTION: Direct final rule; request for
comments.
AGENCY:
The Architectural and
Transportation Barriers Compliance
Board (we, Access Board, or Board) is
issuing this direct final rule to amend its
regulations addressing accessibility
requirements for information and
communication technology to correct
several inadvertent drafting errors in a
final rule published in the Federal
Register on January 18, 2017.
Specifically, this direct final rule
corrects two typographical errors and
the unintentional deletion of
longstanding requirements for TTY
compatibility and functionality that
have been in place for nearly two
decades. These minor amendments
neither establish new substantive
accessibility requirements, nor impose
any costs on regulated entities. The
Access Board is issuing these
amendments directly as a final rule
because we believe they are
noncontroversial, unlikely to receive
adverse comment, and will prevent
confusion.
SUMMARY:
This direct final rule is effective
March 23, 2018, without further action,
unless adverse comment is received by
February 21, 2018. If timely adverse
comment is received, the Access Board
will publish a notification of
withdrawal of the rule in the Federal
Register before the effective date. Such
notification may withdraw the direct
final rule in whole or in part.
ADDRESSES: Submit comments by any
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
The identifier for this docket is ATBCB–
2015–0002.
• Email: docket@access-board.gov.
Include ATBCB–2015–0002 in the
subject line of the message.
• Facsimile: 202–272–0081.
• Mail/Hand Delivery/Courier: Office
of Technical and Information Services,
DATES:
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Access Board, 1331 F Street NW, Suite
1000, Washington, DC 20004–1111.
All comments, including any personal
information provided, will be posted
without change to https://regulations.gov
and available for public viewing.
FOR FURTHER INFORMATION CONTACT:
Timothy Creagan, Access Board, 1331 F
Street NW, Suite 1000, Washington, DC
20004–1111. Telephone: (202) 272–0016
(voice) or (202) 272–0074 (TTY). Or
Bruce Bailey, Access Board, 1331 F
Street NW, Suite 1000, Washington, DC
20004–1111. Telephone: (202) 272–0024
(voice) or (202) 272–0070 (TTY). Email:
508@access-board.gov.
SUPPLEMENTARY INFORMATION:
Legal Authority
Section 508 of the Rehabilitation Act
of 1973 (hereafter, ‘‘Section 508’’), as
amended, mandates that Federal
agencies ‘‘develop, procure, maintain, or
use’’ information and communication
technology (ICT) in a manner that
ensures Federal employees with
disabilities have comparable access to,
and use of, such information and data
relative to other Federal employees,
unless doing so would impose an undue
burden. 29 U.S.C. 794d. Section 508
also requires Federal agencies to ensure
that members of the public with
disabilities have comparable access to
publicly-available information and data
unless doing so would impose an undue
burden on the agency. Id. The Access
Board is charged with developing and
maintaining standards that establish
technical and functional performance
criteria for ICT accessibility. 29 U.S.C.
794d(a)(2)(A), (B).
Section 255 of the Communications
Act of 1934 (hereafter, ‘‘Section 255’’),
as amended, requires
telecommunications equipment and
services to be accessible to, and usable
by, individuals with disabilities, where
readily achievable. 47 U.S.C. 255.
‘‘Readily achievable’’ is defined in the
statute as ‘‘easily accomplishable and
able to be carried out without much
difficulty or expense.’’ Id. Section 255
tasks the Access Board, in conjunction
with the Federal Communications
Commission (FCC), with the
development of guidelines for the
accessibility of telecommunications
equipment and customer premises
equipment, as well as their periodic
review and update. The FCC, however,
has exclusive authority under Section
255 to issue implementing regulations
and carry out their enforcement. Id.
Section 255(f).
Purpose of Direct Final Rule
On January 18, 2017, the Access
Board published a final rule in the
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Federal Register (82 FR 5790) (hereafter,
‘‘ICT Final Rule’’), which revised and
updated—in a single rulemaking—the
standards for Section 508-covered ICT
developed, procured, maintained, or
used by Federal agencies (hereafter,
‘‘508 Standards’’), as well as the
guidelines for telecommunications
equipment and customer premises
equipment covered by Section 255
(hereafter, ‘‘255 Guidelines’’). Because
nearly two decades had passed since the
original issuance of our then-existing
508 Standards and 255 Guidelines, the
ICT Final Rule was aimed at
‘‘refreshing’’ these regulations by,
among other things, addressing
changing technology and harmonizing
with ICT accessibility standards that
had been developed worldwide in
recent years.
Subsequently, we discovered several
small drafting errors in the ICT Final
Rule. These errors included a few
typographical errors and the inadvertent
deletion of then-existing provisions that
require telecommunications products
and systems with two-way voice
communication capabilities to also
provide TTY compatibility and
functionality. By this rule, the Access
Board corrects these typographical
errors and restores mistakenly deleted
TTY requirements for ICT with two-way
voice communication, albeit with
slightly updated organization and
wording (with no change in substance)
for consistency with the ICT Final Rule.
The Access Board is publishing this
direct final rule without prior notice
and comment. The Administrative
Procedure Act permits agencies to
publish final rules without prior notice
and comment when, for good cause,
they determine such procedures are
unnecessary. See 5 U.S.C. 553(b)(B). We
view the minor, technical corrections in
this rule as noncontroversial and do not
anticipate adverse comment. Moreover,
the public interest is best served by
having these corrections without delay
to prevent confusion concerning these
errors in the ICT Final Rule and ensure
that there are no gaps in accessibility
requirements for ICT covered by
Sections 508 or 255. Accordingly, there
is good cause for waiver of prior notice
and comment.
This direct final rule will take effect
on the specified effective date, without
further action, unless the Access Board
receives adverse comment within the
comment period. We consider an
adverse comment to be a comment that
challenges the propriety of the rule or
asserts that it would be ineffective or
unacceptable without material change.
If the Access Board receives timely
adverse comment, we will publish a
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notification in the Federal Register
announcing full or partial withdrawal of
this rule. If an adverse comment applies
only to one part of this direct final rule,
and it is possible to withdraw that part
without defeating the purpose of the
remaining parts of the rule, we may
adopt, as final, those parts of this rule
that received no adverse comment.
Should the Access Board withdraw this
rule due to adverse comment (in whole
in part), we may subsequently
incorporate such comment(s) into
another direct final rule or publish a
notice of proposed rulemaking.
Discussion of Changes
A. Administrative Corrections
This direct final rule remedies two
typographical errors on the ICT Final
Rule. First, the table of contents for
appendix A to part 1194 (Section 508 of
the Rehabilitation Act: Application and
Scoping Requirements) incorrectly lists
the title of E205 as ‘‘Content.’’ The
correct title for this section is
‘‘Electronic Content.’’ In this rule, we
correct this error by inserting the word
‘‘Electronic’’ before ‘‘Content’’ in the
table of contents entry for E205 in
appendix A. Second, also in appendix A
to part 1194, there is a mistaken crossreference in E202.6, Undue Burden or
Fundamental Alteration. E202.6
currently reads, in pertinent part:
‘‘Where an agency determines in
accordance with E202.5 that
conformance to requirements in the
Revised 508 Standards would impose an
undue burden of would result in a
fundamental alternation in the nature of
the ICT . . .’’ (emphasis added). This
text should instead refer to E202.6. This
direct final rule revises the crossreference in the first sentence of E202.6
from ‘‘E202.5’’ to ‘‘E202.6.’’
B. Restoration of TTY-Related
Accessibility Requirements
1. Background
The second set of corrections in this
direct final rule restores the TTY-related
accessibility requirements for ICT with
two-way voice communication to the
Access Board’s 508 Standards and 255
Guidelines. As noted, when the Access
Board published the ICT Final Rule in
January 2017, ICT with two-way voice
communication had long been required
to ensure TTY compatibility and
functionality. However, as discussed
below, a drafting error resulted in these
TTY-related accessibility requirements
being mistakenly removed from the ICT
Final Rule. This direct final rule restores
these original TTY-related requirements
to the Board’s 508 Standards and 255
Guidelines, albeit with minor, non-
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substantive changes to better align them
with the revised organization and
language in the ICT Final Rule.
Both the original 508 Standards
(issued in 2000) and 255 Guidelines
(issued in 1998) required
telecommunications products and
services with two-way voice
communication to provide certain TTYrelated features, including a connection
point for TTY (e.g., RJ–11 connector), a
microphone capable of being turned on
and off to allow a user to intermix
speech and TTY use, and support for
cross-manufacturer, non-proprietary
standard TTY signal protocols (e.g.,
Baudot). See, e.g., Electronic and
Information Technology Accessibility
Standards—Final Rule, 65 FR 80500
(Dec. 21, 2000); Telecommunications
Act Accessibility Guidelines—Final
Rule, 63 FR 5608 (Feb. 3, 1998); see also
36 CFR part 1194 (2017), appendix D,
section D1194.23(a)–(e) (reprinting
original 508 Standards published in
2000 as appendix to revised
regulations). TTYs (e.g.,
teletypewriters)—which were developed
in the 1970s—allow persons with
hearing- or speech-related disabilities to
send and receive text communications
over telephone networks.
In recent years, however, other textbased means of communication have
emerged, including simple message
service (SMS or text messages) and realtime text (RTT) technology. RTT
technology permits the transmission of
text in near real-time as each character
is typed. SMS messages are not
transmitted until the user issues a send
function (usually by hitting the ‘‘enter’’
key). Like SMS, TTY technology has a
significant disadvantage as compared to
RTT—namely, to avoid scrambling
messages, users must send completed
messages on a turn-by-turn basis. This
ability to send text transmissions
instantly and simultaneously permits
more conversational, interactive textbased communications that are akin to
telephone conversations, as well as
facilitating better communication during
emergency situations. As a newer
(digital) technology, RTT is directly
compatible with wireless and internet
protocol-based networks, whereas TTY,
as an analog technology, is not. TTY
signals have acoustic characteristics that
cause them to be corrupted and become
unusable with the typical digitization
algorithms used for transmitting voice
over wireless and IP-based networks.
By early 2015, when the Access Board
published the notice of proposed
rulemaking to ‘‘refresh’’ the 508
Standards and 255 Guidelines, RTT
technology had matured sufficiently for
the Board to propose that RTT supplant
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TTY as the form of text-based
functionality required for ICT with twoway voice communication. See Notice
of Proposed Rulemaking—Information
and Communication Technology
Standards and Guidelines, 80 FR 10880,
10900–10901, 10909 & 10910 (Feb. 27,
2015) (hereafter, ‘‘ICT NPRM’’). Most
comments received in response to the
ICT NPRM were supportive of the
Access Board’s RTT proposal, though
some expressed differing views on the
appropriate technical standard for RTT
interoperability with certain systems
(such as Voice over internet Protocol or
‘‘VoIP’’ systems).
In May 2016, about one year after the
ICT NPRM comment period had closed,
the FCC initiated a proceeding (at the
behest of several telecommunications
companies) to update its accessibility
rules to allow telecommunications
providers and manufacturers to support
RTT in lieu of TTY technology in IPbased telecommunication environments.
See Transition from TTY to Real-Time
Text Technology—Notice of Proposed
Rulemaking, 81 FR 33170 (May 25,
2016).
In deference to the FCC’s ongoing
rulemaking efforts on a regulatory
transition from TTY to RTT technology,
the Access Board elected to postpone
adoption of RTT-related accessibility
requirements in the ICT Final Rule. See
82 FR at 5800. Consequently, we
removed the proposed requirements for
RTT functionality from Chapter 4 of the
final rule, and simply reserved section
412.5 in the final rule for future use
should the Board subsequently
promulgate RTT-related requirements.
See 36 CFR part 1194, appendix C,
section 412.5.
By reserving adoption of RTT-related
requirements, the Access Board did not
thereby intend to leave a ‘‘gap’’ in
accessibility requirements to ensure that
persons with communication
disabilities can use telephone networks.
In other words, with the removal and
reservation of RTT-related requirements,
the TTY-related requirements in the
original 508 Standards and 255
Guidelines should have been
incorporated into the ICT Final Rule.
However, due to a drafting oversight,
these existing TTY requirements did not
get incorporated into the final rule. As
a result, the ICT Final Rule is
presently—and unintentionally—silent
with respect to TTY functionality
requirements for ICT with two-way
voice communication.
In this direct final rule, the Access
Board restores the TTY-related
requirements from the original 508
Standards and 255 Guidelines to ensure
that, during the pendency of further
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rulemaking on RTT-related accessibility
requirements, persons with
communications disabilities will still be
able to send and receive text-based
communications over telephone
networks.
Under the ICT Final Rule, Federal
agencies were afforded one year from
rule publication (i.e., Jan. 18, 2018) to
comply with the revised 508 Standards.
82 FR at 5790, 5792 & 5821. The Access
Board seeks to restore TTY-related
requirements to the 508 Standards prior
to this compliance date. The Board is
not aware of any Federal agency having
relied on the mistaken omission of TTYrelated requirements from the ICT Final
Rule as authorization to reduce or
eliminate TTY functionality on their
ICT with two-way voice
communication.
2. Amended TTY Requirements
As discussed in the preamble to the
ICT Final Rule, the revised 508
Standards and 255 Guidelines feature
significantly revamped organizational
format and wording relative to their
predecessor standards and guidelines.
See 82 FR at 5790–91. The TTY-related
accessibility requirements from the
original 508 Standards and 255
Guidelines thus could not simply be
reinserted into the revised standards
and guidelines using their original
wording and section numbering.
Consequently, in this direct final rule,
the TTY-related requirements from the
original 508 Standards and 255
Guidelines have been modestly
revised—in minor, non-substantive
ways—so that they conform to the
updated formatting and terminology
used in the ICT Final Rule
In summary, this direct final rule
incorporates the original TTY-related
requirements into the revised 508
Standards and 255 Guidelines as
follows. The technical specifications for
TTY functionality appear as a new
subsection (412.8) to the section that
collectively sets forth the technical
requirements applicable to ICT with
two-way voice communication. We
retained the original wording of these
reinstated TTY-related requirements to
the greatest extent possible; some minor,
non-substantive wording changes were
needed for consistency with updated
terminology used in the ICT Final Rule.
Additionally, in the scoping provision
for hardware covered by the 255
Guidelines (C204.1), a companion
exception has been added that exempts
255-covered hardware from the
accessibility requirements in new
412.8.3. This exception mirrors the
existing scope of coverage under the
original 255 Guidelines. Unlike the
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original 508 Standards, the original 255
Guidelines do not require the features
addressed in 412.8.3—namely, voice
mail, auto-attendant, and interactive
voice response telecommunications
systems—to provide TTY functionality.
Compare, e.g., 36 CFR 1193.51(d) (2016)
(TTY-related compatibility requirements
in original 255 Guidelines) with 36 CFR
1194.23(c), (e) (2016) (specifying, in
original 508 Standards, that
telecommunications systems for voice
mail, auto-attendant, interactive voice
response, and caller identification must
be compatible with TTYs). Lastly, in
consideration of technological advances,
we have clarified that the requirements
for TTY compatibility (412.8) cover
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software that provides TTY
functionality, as well as stand-alone
TTY devices and other hardware.
In Table 1 below, we provide a ‘‘crosswalk’’ that lists the TTY-related
provisions added by the direct final rule
and identifies their corresponding
provisions in the original 508 Standards
and 255 Guidelines.
TABLE 1—CROSSWALK OF TTY PROVISIONS IN THE DIRECT FINAL RULE AND THEIR CORRESPONDING PROVISIONS IN THE
ORIGINAL 508 STANDARDS AND 255 GUIDELINES
Original 508
standards
(original § )
Direct final rule
(new § )
412.8 ..................................................................................................................................................................
412.8.1 ...............................................................................................................................................................
412.8.2 ...............................................................................................................................................................
412.8.3 ...............................................................................................................................................................
412.8.4 (Section 508-covered hardware) & C204.1, Exception for 412.8.4 (Section 255-covered hardware)
C. Regulatory Flexibility Act
A. Regulatory Planning and Review
(Executive Orders 12866 and 13563)
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Regulatory Process Matters
The Regulatory Flexibility Act (RFA)
requires Federal agencies to analyze
regulatory options that may assist in
minimizing any significant impact of a
rule on small businesses and small
governmental jurisdictions. See 5 U.S.C.
604, 605(b). Because this direct final
rule merely remedies several
inadvertent drafting errors in the ICT
Final Rule, including the unintentional
deletion of longstanding TTY-related
accessibility requirements, the Access
Board certifies that the rule will not
have a significant economic impact on
a substantial number of small entities.
The Access Board has examined the
impact of this direct final rule under
Executive Orders 12866 and 13563.
These executive orders direct agencies
to assess the costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, distributive impacts,
and equity). This rule does not impose
any incremental costs or benefits
because it makes minor administrative
corrections and, on the one substantive
matter, merely retains (restores) existing
TTY-related requirements for ICT with
two-way voice communication that have
been in place for nearly two decades. As
such, this direct final rule is not a
significant regulatory action for
purposes of section 3(f) of Executive
Order 12866.
Additionally, because this direct final
rule is a non-significant regulatory
action that imposes no costs, it is also
exempt from the requirements outlined
in Executive Order 13771. See Exec.
Order. 13771, 82 FR 9339 (Feb. 3, 2017);
OMB, M–17–21, Guidance
Implementing Executive Order 13771,
Titled ‘‘Reducing Regulation and
Controlling Regulatory Costs’’ (April 5,
2017).
B. Congressional Review Act
This direct final rule is not a major
rule within the meaning of the
Congressional Review Act (5 U.S.C. 801
et seq.).
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D. Federalism (Executive Order 13132)
The Access Board has analyzed this
direct final rule in accordance with the
principles and criteria set forth in
Executive Order 13132. The Board has
determined that this action will not
have a substantial direct effect on the
States, or the relationship between the
Federal Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, and, therefore,
does not have Federalism implications.
E. Paperwork Reduction Act
This direct final rule does not contain
any new collections of information or
recordkeeping requirements that require
OMB approval under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.).
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (codified at 2 U.S.C. 1531 et
seq.) (‘‘UMRA’’) generally requires that
Federal agencies assess the effects of
their discretionary regulatory actions
that may result in the expenditure of
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1194.23(a)
1194.23(a)
1194.23(a)
1194.23(b)
1194.23(c), (e)
Original 255
guidelines
(original § )
1193.51(d)
1193.51(d)
1193.51(d)
1193.51(e)
n/a
$100 million (adjusted for inflation) or
more in any one year by the private
sector, or by state, local, and tribal
governments in the aggregate. Because
this direct final rule is being issued
under the good cause exception in the
Administrative Procedure Act section
553(b)(B), UMRA’s analytical
requirements are inapplicable. See 2
U.S.C. 1532(a).
List of Subjects in 36 CFR Part 1194
Civil rights, Communications,
Communications equipment, Computer
technology, Electronic products,
Government employees, Government
procurement, Incorporation by
reference, Individuals with disabilities,
Reporting and recordkeeping
requirements, Telecommunications.
For the reasons stated in the
preamble, and under the authority of 47
U.S.C. 255(e), the Board amends 36 CFR
part 1194 as follows:
PART 1194—INFORMATION AND
COMMUNICATION TECHNOLOGY
STANDARDS AND GUIDELINES
1. The authority citation for part 1194
continues to read as follows:
■
Authority: 29 U.S.C. 794d, 47 U.S.C. 255.
Appendix A to Part 1194—[Amended]
2. In appendix A to part 1194:
a. In the table of contents, remove
‘‘E205 Content’’ and add in its place
‘‘E205 Electronic Content’’.
■ b. In section E202.6, in the first
sentence, remove ‘‘E202.5’’ and add in
its place ‘‘E202.6’’.
■ 3. In appendix B to part 1194, revise
the exception paragraph following
section C204.1 to read as follows:
■
■
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Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations
Appendix B to Part 1194—Section 255
of the Communications Act:
Application and Scoping Requirements
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
*
SUMMARY:
*
*
*
*
C204.1 * * *
EXCEPTION: Components of
telecommunications equipment and
customer premises equipment shall not be
required to conform to 402, 407.7, 407.8, 408,
412.8.4, and 415.
*
*
*
*
*
4. In appendix C to part 1194, add
sections 412.8, 412.8.1, 412.8.2, 412.8.3,
and 412.8.4 in numerical order to read
as follows:
■
Appendix C to Part 1194—Functional
Performance Criteria and Technical
*
*
*
*
*
412 ICT With Two-Way Voice
Communication
*
*
*
*
*
412.8 Legacy TTY Support. ICT
equipment or systems with two-way voice
communication that do not themselves
provide TTY functionality shall conform to
412.8.
412.8.1 TTY Connectability. ICT shall
include a standard non-acoustic connection
point for TTYs.
412.8.2 Voice and Hearing Carry Over.
ICT shall provide a microphone capable of
being turned on and off to allow the user to
intermix speech with TTY use.
412.8.3 Signal Compatibility. ICT shall
support all commonly used crossmanufacturer non-proprietary standard TTY
signal protocols where the system
interoperates with the Public Switched
Telephone Network (PSTN).
412.8.4 Voice Mail and Other Messaging
Systems. Where provided, voice mail, autoattendant, interactive voice response, and
caller identification systems shall be usable
with a TTY.
*
*
*
*
*
Approved by notational vote of the Access
Board on January 12, 2018.
David M. Capozzi,
Executive Director.
[FR Doc. 2018–00848 Filed 1–19–18; 8:45 am]
BILLING CODE 8150–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
[Docket No. 160105011–7999–03]
ethrower on DSK3G9T082PROD with RULES
RIN 0648–XE390
Endangered and Threatened Wildlife
and Plants; Final Rule To List the Giant
Manta Ray as Threatened Under the
Endangered Species Act
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
VerDate Sep<11>2014
15:52 Jan 19, 2018
Jkt 244001
We, NMFS, announce a final
rule to list the giant manta ray (Manta
birostris) as threatened under the
Endangered Species Act (ESA). We have
reviewed the status of the giant manta
ray, including efforts being made to
protect this species, and considered
public comments submitted on the
proposed rule as well as new
information received since publication
of the proposed rule. We have made our
final determinations based on the best
scientific and commercial data
available. At this time, we conclude that
critical habitat is not determinable
because data sufficient to perform the
required analyses are lacking; however,
we solicit information on habitat
features and areas in U.S. waters that
may meet the definition of critical
habitat for the giant manta ray.
DATES: This final rule is effective
February 21, 2018.
ADDRESSES: Endangered Species
Division, NMFS Office of Protected
Resources (F/PR3), 1315 East West
Highway, Silver Spring, MD 20910.
Copies of the petition, status review
report, and Federal Register notices are
available on our website at https://
www.fisheries.noaa.gov/pr/species/fish/
manta-ray.html.
FOR FURTHER INFORMATION CONTACT:
Maggie Miller, NMFS, Office of
Protected Resources, (301) 427–8403.
SUPPLEMENTARY INFORMATION:
Background
On November 10, 2015, we received
a petition from Defenders of Wildlife to
list the giant manta ray (M. birostris),
reef manta ray (M. alfredi) and
Caribbean manta ray (M. c.f. birostris) as
threatened or endangered under the
ESA throughout their respective ranges,
or, as an alternative, to list any
identified distinct population segments
(DPSs) as threatened or endangered. The
petitioners also requested that critical
habitat be designated concurrently with
listing under the ESA. We found that
the petitioned action may be warranted
for the giant manta ray and reef manta
ray and announced the initiation of
status reviews for these species, but
found that the Caribbean manta ray is
not a taxonomically valid species or
subspecies for listing, and explained the
basis for that finding (81 FR 8874,
February 23, 2016). On January 12,
2017, we published a proposed rule to
list the giant manta ray as a threatened
species under the ESA and made a 12month determination that the reef manta
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
ray did not warrant listing under the
ESA (82 FR 3694). We solicited
information on the proposed listing
determination, the development of
proposed protective regulations, and
designation of critical habitat for the
giant manta ray, and the comment
period was open through March 13,
2017. This final rule provides a
discussion of the information we
received during and after the public
comment period and our final
determination on the petition to list the
giant manta ray under the ESA.
Listing Species Under the Endangered
Species Act
We are responsible for determining
whether species are threatened or
endangered under the ESA (16 U.S.C.
1531 et seq.). To make this
determination, we first consider
whether a group of organisms
constitutes a ‘‘species’’ under section 3
of the ESA, then whether the status of
the species qualifies it for listing as
either threatened or endangered. Section
3 of the ESA defines species to include
‘‘any subspecies of fish or wildlife or
plants, and any distinct population
segment of any species of vertebrate fish
or wildlife which interbreeds when
mature.’’ On February 7, 1996, NMFS
and the U.S. Fish and Wildlife Service
(USFWS; together, the Services) adopted
a policy describing what constitutes a
DPS of a taxonomic species (61 FR
4722). The joint DPS policy identified
two elements that must be considered
when identifying a DPS: (1) The
discreteness of the population segment
in relation to the remainder of the
species (or subspecies) to which it
belongs; and (2) the significance of the
population segment to the species (or
subspecies) to which it belongs.
Section 3 of the ESA defines an
endangered species as ‘‘any species
which is in danger of extinction
throughout all or a significant portion of
its range’’ and a threatened species as
one ‘‘which is likely to become an
endangered species within the
foreseeable future throughout all or a
significant portion of its range.’’ Thus,
in the context of the ESA, the Services
interpret an ‘‘endangered species’’ to be
one that is presently in danger of
extinction. A ‘‘threatened species’’ is
not presently in danger of extinction,
but is likely to become so in the
foreseeable future (that is, at a later
time). In other words, the primary
statutory difference between a
threatened and endangered species is
the timing of when a species is or is
likely to become in danger of extinction,
either presently (endangered) or in the
foreseeable future (threatened).
E:\FR\FM\22JAR1.SGM
22JAR1
]]>Agencies
[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Rules and Regulations]
[Pages 2912-2916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00848]
=======================================================================
-----------------------------------------------------------------------
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Part 1194
[Docket No. ATBCB-2015-0002]
RIN 3014-AA37
Information and Communication Technology (ICT) Standards and
Guidelines
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Direct final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Architectural and Transportation Barriers Compliance Board
(we, Access Board, or Board) is issuing this direct final rule to amend
its regulations addressing accessibility requirements for information
and communication technology to correct several inadvertent drafting
errors in a final rule published in the Federal Register on January 18,
2017. Specifically, this direct final rule corrects two typographical
errors and the unintentional deletion of longstanding requirements for
TTY compatibility and functionality that have been in place for nearly
two decades. These minor amendments neither establish new substantive
accessibility requirements, nor impose any costs on regulated entities.
The Access Board is issuing these amendments directly as a final rule
because we believe they are noncontroversial, unlikely to receive
adverse comment, and will prevent confusion.
DATES: This direct final rule is effective March 23, 2018, without
further action, unless adverse comment is received by February 21,
2018. If timely adverse comment is received, the Access Board will
publish a notification of withdrawal of the rule in the Federal
Register before the effective date. Such notification may withdraw the
direct final rule in whole or in part.
ADDRESSES: Submit comments by any one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. The identifier for
this docket is ATBCB-2015-0002.
Email: board.gov">[email protected]board.gov. Include ATBCB-2015-0002 in
the subject line of the message.
Facsimile: 202-272-0081.
Mail/Hand Delivery/Courier: Office of Technical and
Information Services,
[[Page 2913]]
Access Board, 1331 F Street NW, Suite 1000, Washington, DC 20004-1111.
All comments, including any personal information provided, will be
posted without change to https://regulations.gov and available for
public viewing.
FOR FURTHER INFORMATION CONTACT: Timothy Creagan, Access Board, 1331 F
Street NW, Suite 1000, Washington, DC 20004-1111. Telephone: (202) 272-
0016 (voice) or (202) 272-0074 (TTY). Or Bruce Bailey, Access Board,
1331 F Street NW, Suite 1000, Washington, DC 20004-1111. Telephone:
(202) 272-0024 (voice) or (202) 272-0070 (TTY). Email: board.gov">[email protected]board.gov.
SUPPLEMENTARY INFORMATION:
Legal Authority
Section 508 of the Rehabilitation Act of 1973 (hereafter, ``Section
508''), as amended, mandates that Federal agencies ``develop, procure,
maintain, or use'' information and communication technology (ICT) in a
manner that ensures Federal employees with disabilities have comparable
access to, and use of, such information and data relative to other
Federal employees, unless doing so would impose an undue burden. 29
U.S.C. 794d. Section 508 also requires Federal agencies to ensure that
members of the public with disabilities have comparable access to
publicly-available information and data unless doing so would impose an
undue burden on the agency. Id. The Access Board is charged with
developing and maintaining standards that establish technical and
functional performance criteria for ICT accessibility. 29 U.S.C.
794d(a)(2)(A), (B).
Section 255 of the Communications Act of 1934 (hereafter, ``Section
255''), as amended, requires telecommunications equipment and services
to be accessible to, and usable by, individuals with disabilities,
where readily achievable. 47 U.S.C. 255. ``Readily achievable'' is
defined in the statute as ``easily accomplishable and able to be
carried out without much difficulty or expense.'' Id. Section 255 tasks
the Access Board, in conjunction with the Federal Communications
Commission (FCC), with the development of guidelines for the
accessibility of telecommunications equipment and customer premises
equipment, as well as their periodic review and update. The FCC,
however, has exclusive authority under Section 255 to issue
implementing regulations and carry out their enforcement. Id. Section
255(f).
Purpose of Direct Final Rule
On January 18, 2017, the Access Board published a final rule in the
Federal Register (82 FR 5790) (hereafter, ``ICT Final Rule''), which
revised and updated--in a single rulemaking--the standards for Section
508-covered ICT developed, procured, maintained, or used by Federal
agencies (hereafter, ``508 Standards''), as well as the guidelines for
telecommunications equipment and customer premises equipment covered by
Section 255 (hereafter, ``255 Guidelines''). Because nearly two decades
had passed since the original issuance of our then-existing 508
Standards and 255 Guidelines, the ICT Final Rule was aimed at
``refreshing'' these regulations by, among other things, addressing
changing technology and harmonizing with ICT accessibility standards
that had been developed worldwide in recent years.
Subsequently, we discovered several small drafting errors in the
ICT Final Rule. These errors included a few typographical errors and
the inadvertent deletion of then-existing provisions that require
telecommunications products and systems with two-way voice
communication capabilities to also provide TTY compatibility and
functionality. By this rule, the Access Board corrects these
typographical errors and restores mistakenly deleted TTY requirements
for ICT with two-way voice communication, albeit with slightly updated
organization and wording (with no change in substance) for consistency
with the ICT Final Rule.
The Access Board is publishing this direct final rule without prior
notice and comment. The Administrative Procedure Act permits agencies
to publish final rules without prior notice and comment when, for good
cause, they determine such procedures are unnecessary. See 5 U.S.C.
553(b)(B). We view the minor, technical corrections in this rule as
noncontroversial and do not anticipate adverse comment. Moreover, the
public interest is best served by having these corrections without
delay to prevent confusion concerning these errors in the ICT Final
Rule and ensure that there are no gaps in accessibility requirements
for ICT covered by Sections 508 or 255. Accordingly, there is good
cause for waiver of prior notice and comment.
This direct final rule will take effect on the specified effective
date, without further action, unless the Access Board receives adverse
comment within the comment period. We consider an adverse comment to be
a comment that challenges the propriety of the rule or asserts that it
would be ineffective or unacceptable without material change. If the
Access Board receives timely adverse comment, we will publish a
notification in the Federal Register announcing full or partial
withdrawal of this rule. If an adverse comment applies only to one part
of this direct final rule, and it is possible to withdraw that part
without defeating the purpose of the remaining parts of the rule, we
may adopt, as final, those parts of this rule that received no adverse
comment. Should the Access Board withdraw this rule due to adverse
comment (in whole in part), we may subsequently incorporate such
comment(s) into another direct final rule or publish a notice of
proposed rulemaking.
Discussion of Changes
A. Administrative Corrections
This direct final rule remedies two typographical errors on the ICT
Final Rule. First, the table of contents for appendix A to part 1194
(Section 508 of the Rehabilitation Act: Application and Scoping
Requirements) incorrectly lists the title of E205 as ``Content.'' The
correct title for this section is ``Electronic Content.'' In this rule,
we correct this error by inserting the word ``Electronic'' before
``Content'' in the table of contents entry for E205 in appendix A.
Second, also in appendix A to part 1194, there is a mistaken cross-
reference in E202.6, Undue Burden or Fundamental Alteration. E202.6
currently reads, in pertinent part: ``Where an agency determines in
accordance with E202.5 that conformance to requirements in the Revised
508 Standards would impose an undue burden of would result in a
fundamental alternation in the nature of the ICT . . .'' (emphasis
added). This text should instead refer to E202.6. This direct final
rule revises the cross-reference in the first sentence of E202.6 from
``E202.5'' to ``E202.6.''
B. Restoration of TTY-Related Accessibility Requirements
1. Background
The second set of corrections in this direct final rule restores
the TTY-related accessibility requirements for ICT with two-way voice
communication to the Access Board's 508 Standards and 255 Guidelines.
As noted, when the Access Board published the ICT Final Rule in January
2017, ICT with two-way voice communication had long been required to
ensure TTY compatibility and functionality. However, as discussed
below, a drafting error resulted in these TTY-related accessibility
requirements being mistakenly removed from the ICT Final Rule. This
direct final rule restores these original TTY-related requirements to
the Board's 508 Standards and 255 Guidelines, albeit with minor, non-
[[Page 2914]]
substantive changes to better align them with the revised organization
and language in the ICT Final Rule.
Both the original 508 Standards (issued in 2000) and 255 Guidelines
(issued in 1998) required telecommunications products and services with
two-way voice communication to provide certain TTY-related features,
including a connection point for TTY (e.g., RJ-11 connector), a
microphone capable of being turned on and off to allow a user to
intermix speech and TTY use, and support for cross-manufacturer, non-
proprietary standard TTY signal protocols (e.g., Baudot). See, e.g.,
Electronic and Information Technology Accessibility Standards--Final
Rule, 65 FR 80500 (Dec. 21, 2000); Telecommunications Act Accessibility
Guidelines--Final Rule, 63 FR 5608 (Feb. 3, 1998); see also 36 CFR part
1194 (2017), appendix D, section D1194.23(a)-(e) (reprinting original
508 Standards published in 2000 as appendix to revised regulations).
TTYs (e.g., teletypewriters)--which were developed in the 1970s--allow
persons with hearing- or speech-related disabilities to send and
receive text communications over telephone networks.
In recent years, however, other text-based means of communication
have emerged, including simple message service (SMS or text messages)
and real-time text (RTT) technology. RTT technology permits the
transmission of text in near real-time as each character is typed. SMS
messages are not transmitted until the user issues a send function
(usually by hitting the ``enter'' key). Like SMS, TTY technology has a
significant disadvantage as compared to RTT--namely, to avoid
scrambling messages, users must send completed messages on a turn-by-
turn basis. This ability to send text transmissions instantly and
simultaneously permits more conversational, interactive text-based
communications that are akin to telephone conversations, as well as
facilitating better communication during emergency situations. As a
newer (digital) technology, RTT is directly compatible with wireless
and internet protocol-based networks, whereas TTY, as an analog
technology, is not. TTY signals have acoustic characteristics that
cause them to be corrupted and become unusable with the typical
digitization algorithms used for transmitting voice over wireless and
IP-based networks.
By early 2015, when the Access Board published the notice of
proposed rulemaking to ``refresh'' the 508 Standards and 255
Guidelines, RTT technology had matured sufficiently for the Board to
propose that RTT supplant TTY as the form of text-based functionality
required for ICT with two-way voice communication. See Notice of
Proposed Rulemaking--Information and Communication Technology Standards
and Guidelines, 80 FR 10880, 10900-10901, 10909 & 10910 (Feb. 27, 2015)
(hereafter, ``ICT NPRM''). Most comments received in response to the
ICT NPRM were supportive of the Access Board's RTT proposal, though
some expressed differing views on the appropriate technical standard
for RTT interoperability with certain systems (such as Voice over
internet Protocol or ``VoIP'' systems).
In May 2016, about one year after the ICT NPRM comment period had
closed, the FCC initiated a proceeding (at the behest of several
telecommunications companies) to update its accessibility rules to
allow telecommunications providers and manufacturers to support RTT in
lieu of TTY technology in IP-based telecommunication environments. See
Transition from TTY to Real-Time Text Technology--Notice of Proposed
Rulemaking, 81 FR 33170 (May 25, 2016).
In deference to the FCC's ongoing rulemaking efforts on a
regulatory transition from TTY to RTT technology, the Access Board
elected to postpone adoption of RTT-related accessibility requirements
in the ICT Final Rule. See 82 FR at 5800. Consequently, we removed the
proposed requirements for RTT functionality from Chapter 4 of the final
rule, and simply reserved section 412.5 in the final rule for future
use should the Board subsequently promulgate RTT-related requirements.
See 36 CFR part 1194, appendix C, section 412.5.
By reserving adoption of RTT-related requirements, the Access Board
did not thereby intend to leave a ``gap'' in accessibility requirements
to ensure that persons with communication disabilities can use
telephone networks. In other words, with the removal and reservation of
RTT-related requirements, the TTY-related requirements in the original
508 Standards and 255 Guidelines should have been incorporated into the
ICT Final Rule. However, due to a drafting oversight, these existing
TTY requirements did not get incorporated into the final rule. As a
result, the ICT Final Rule is presently--and unintentionally--silent
with respect to TTY functionality requirements for ICT with two-way
voice communication.
In this direct final rule, the Access Board restores the TTY-
related requirements from the original 508 Standards and 255 Guidelines
to ensure that, during the pendency of further rulemaking on RTT-
related accessibility requirements, persons with communications
disabilities will still be able to send and receive text-based
communications over telephone networks.
Under the ICT Final Rule, Federal agencies were afforded one year
from rule publication (i.e., Jan. 18, 2018) to comply with the revised
508 Standards. 82 FR at 5790, 5792 & 5821. The Access Board seeks to
restore TTY-related requirements to the 508 Standards prior to this
compliance date. The Board is not aware of any Federal agency having
relied on the mistaken omission of TTY-related requirements from the
ICT Final Rule as authorization to reduce or eliminate TTY
functionality on their ICT with two-way voice communication.
2. Amended TTY Requirements
As discussed in the preamble to the ICT Final Rule, the revised 508
Standards and 255 Guidelines feature significantly revamped
organizational format and wording relative to their predecessor
standards and guidelines. See 82 FR at 5790-91. The TTY-related
accessibility requirements from the original 508 Standards and 255
Guidelines thus could not simply be reinserted into the revised
standards and guidelines using their original wording and section
numbering. Consequently, in this direct final rule, the TTY-related
requirements from the original 508 Standards and 255 Guidelines have
been modestly revised--in minor, non-substantive ways--so that they
conform to the updated formatting and terminology used in the ICT Final
Rule
In summary, this direct final rule incorporates the original TTY-
related requirements into the revised 508 Standards and 255 Guidelines
as follows. The technical specifications for TTY functionality appear
as a new subsection (412.8) to the section that collectively sets forth
the technical requirements applicable to ICT with two-way voice
communication. We retained the original wording of these reinstated
TTY-related requirements to the greatest extent possible; some minor,
non-substantive wording changes were needed for consistency with
updated terminology used in the ICT Final Rule. Additionally, in the
scoping provision for hardware covered by the 255 Guidelines (C204.1),
a companion exception has been added that exempts 255-covered hardware
from the accessibility requirements in new 412.8.3. This exception
mirrors the existing scope of coverage under the original 255
Guidelines. Unlike the
[[Page 2915]]
original 508 Standards, the original 255 Guidelines do not require the
features addressed in 412.8.3--namely, voice mail, auto-attendant, and
interactive voice response telecommunications systems--to provide TTY
functionality. Compare, e.g., 36 CFR 1193.51(d) (2016) (TTY-related
compatibility requirements in original 255 Guidelines) with 36 CFR
1194.23(c), (e) (2016) (specifying, in original 508 Standards, that
telecommunications systems for voice mail, auto-attendant, interactive
voice response, and caller identification must be compatible with
TTYs). Lastly, in consideration of technological advances, we have
clarified that the requirements for TTY compatibility (412.8) cover
software that provides TTY functionality, as well as stand-alone TTY
devices and other hardware.
In Table 1 below, we provide a ``cross-walk'' that lists the TTY-
related provisions added by the direct final rule and identifies their
corresponding provisions in the original 508 Standards and 255
Guidelines.
Table 1--Crosswalk of TTY Provisions in the Direct Final Rule and Their
Corresponding Provisions in the Original 508 Standards and 255
Guidelines
------------------------------------------------------------------------
Original 255
Original 508 guidelines
Direct final rule (new Sec. ) standards (original Sec.
(original Sec. )
-----------------------------------------------)------------------------
412.8................................ 1194.23(a) 1193.51(d)
412.8.1.............................. 1194.23(a) 1193.51(d)
412.8.2.............................. 1194.23(a) 1193.51(d)
412.8.3.............................. 1194.23(b) 1193.51(e)
412.8.4 (Section 508-covered 1194.23(c), (e) n/a
hardware) & C204.1, Exception for
412.8.4 (Section 255-covered
hardware)...........................
------------------------------------------------------------------------
Regulatory Process Matters
A. Regulatory Planning and Review (Executive Orders 12866 and 13563)
The Access Board has examined the impact of this direct final rule
under Executive Orders 12866 and 13563. These executive orders direct
agencies to assess the costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). This rule does not impose any incremental costs or
benefits because it makes minor administrative corrections and, on the
one substantive matter, merely retains (restores) existing TTY-related
requirements for ICT with two-way voice communication that have been in
place for nearly two decades. As such, this direct final rule is not a
significant regulatory action for purposes of section 3(f) of Executive
Order 12866.
Additionally, because this direct final rule is a non-significant
regulatory action that imposes no costs, it is also exempt from the
requirements outlined in Executive Order 13771. See Exec. Order. 13771,
82 FR 9339 (Feb. 3, 2017); OMB, M-17-21, Guidance Implementing
Executive Order 13771, Titled ``Reducing Regulation and Controlling
Regulatory Costs'' (April 5, 2017).
B. Congressional Review Act
This direct final rule is not a major rule within the meaning of
the Congressional Review Act (5 U.S.C. 801 et seq.).
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires Federal agencies to
analyze regulatory options that may assist in minimizing any
significant impact of a rule on small businesses and small governmental
jurisdictions. See 5 U.S.C. 604, 605(b). Because this direct final rule
merely remedies several inadvertent drafting errors in the ICT Final
Rule, including the unintentional deletion of longstanding TTY-related
accessibility requirements, the Access Board certifies that the rule
will not have a significant economic impact on a substantial number of
small entities.
D. Federalism (Executive Order 13132)
The Access Board has analyzed this direct final rule in accordance
with the principles and criteria set forth in Executive Order 13132.
The Board has determined that this action will not have a substantial
direct effect on the States, or the relationship between the Federal
Government and the States, or on the distribution of power and
responsibilities among the various levels of government, and,
therefore, does not have Federalism implications.
E. Paperwork Reduction Act
This direct final rule does not contain any new collections of
information or recordkeeping requirements that require OMB approval
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (codified at 2 U.S.C. 1531
et seq.) (``UMRA'') generally requires that Federal agencies assess the
effects of their discretionary regulatory actions that may result in
the expenditure of $100 million (adjusted for inflation) or more in any
one year by the private sector, or by state, local, and tribal
governments in the aggregate. Because this direct final rule is being
issued under the good cause exception in the Administrative Procedure
Act section 553(b)(B), UMRA's analytical requirements are inapplicable.
See 2 U.S.C. 1532(a).
List of Subjects in 36 CFR Part 1194
Civil rights, Communications, Communications equipment, Computer
technology, Electronic products, Government employees, Government
procurement, Incorporation by reference, Individuals with disabilities,
Reporting and recordkeeping requirements, Telecommunications.
For the reasons stated in the preamble, and under the authority of
47 U.S.C. 255(e), the Board amends 36 CFR part 1194 as follows:
PART 1194--INFORMATION AND COMMUNICATION TECHNOLOGY STANDARDS AND
GUIDELINES
0
1. The authority citation for part 1194 continues to read as follows:
Authority: 29 U.S.C. 794d, 47 U.S.C. 255.
Appendix A to Part 1194--[Amended]
0
2. In appendix A to part 1194:
0
a. In the table of contents, remove ``E205 Content'' and add in its
place ``E205 Electronic Content''.
0
b. In section E202.6, in the first sentence, remove ``E202.5'' and add
in its place ``E202.6''.
0
3. In appendix B to part 1194, revise the exception paragraph following
section C204.1 to read as follows:
[[Page 2916]]
Appendix B to Part 1194--Section 255 of the Communications Act:
Application and Scoping Requirements
* * * * *
C204.1 * * *
EXCEPTION: Components of telecommunications equipment and
customer premises equipment shall not be required to conform to 402,
407.7, 407.8, 408, 412.8.4, and 415.
* * * * *
0
4. In appendix C to part 1194, add sections 412.8, 412.8.1, 412.8.2,
412.8.3, and 412.8.4 in numerical order to read as follows:
Appendix C to Part 1194--Functional Performance Criteria and Technical
* * * * *
412 ICT With Two-Way Voice Communication
* * * * *
412.8 Legacy TTY Support. ICT equipment or systems with two-way
voice communication that do not themselves provide TTY functionality
shall conform to 412.8.
412.8.1 TTY Connectability. ICT shall include a standard non-
acoustic connection point for TTYs.
412.8.2 Voice and Hearing Carry Over. ICT shall provide a
microphone capable of being turned on and off to allow the user to
intermix speech with TTY use.
412.8.3 Signal Compatibility. ICT shall support all commonly
used cross-manufacturer non-proprietary standard TTY signal
protocols where the system interoperates with the Public Switched
Telephone Network (PSTN).
412.8.4 Voice Mail and Other Messaging Systems. Where provided,
voice mail, auto-attendant, interactive voice response, and caller
identification systems shall be usable with a TTY.
* * * * *
Approved by notational vote of the Access Board on January 12,
2018.
David M. Capozzi,
Executive Director.
[FR Doc. 2018-00848 Filed 1-19-18; 8:45 am]
BILLING CODE 8150-01-P
