[Federal Register Volume 65, Number 246 (Thursday, December 21, 2000)]
[Rules and Regulations]
[Pages 80500-80528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32017]



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Part II





Architectural and Transportation Barriers Compliance Board





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36 CFR Part 1194



Electronic and Information Technology Accessibility Standards; Final 
Rule

  Federal Register / Vol. 65, No. 246 / Thursday, December 21, 2000 / 
Rules and Regulations  

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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1194

[Docket No. 2000-01]
RIN 3014-AA25


Electronic and Information Technology Accessibility Standards

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Final rule.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board) is issuing final accessibility standards for electronic 
and information technology covered by section 508 of the Rehabilitation 
Act Amendments of 1998. Section 508 requires the Access Board to 
publish standards setting forth a definition of electronic and 
information technology and the technical and functional performance 
criteria necessary for such technology to comply with section 508. 
Section 508 requires that when Federal agencies develop, procure, 
maintain, or use electronic and information technology, they shall 
ensure that the electronic and information technology allows Federal 
employees with disabilities to have access to and use of information 
and data that is comparable to the access to and use of information and 
data by Federal employees who are not individuals with disabilities, 
unless an undue burden would be imposed on the agency. Section 508 also 
requires that individuals with disabilities, who are members of the 
public seeking information or services from a Federal agency, have 
access to and use of information and data that is comparable to that 
provided to the public who are not individuals with disabilities, 
unless an undue burden would be imposed on the agency.

DATES: Effective Date: February 20, 2001.

FOR FURTHER INFORMATION CONTACT: Doug Wakefield, Office of Technical 
and Information Services, Architectural and Transportation Barriers 
Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-
1111. Telephone number (202) 272-5434 extension 139 (voice); (202) 272-
5449 (TTY). Electronic mail address: board.gov">wakefield@access-board.gov.

SUPPLEMENTARY INFORMATION:

Availability of Copies and Electronic Access

    Single copies of this publication may be obtained at no cost by 
calling the Access Board's automated publications order line (202) 272-
5434, by pressing 2 on the telephone keypad, then 1, and requesting 
publication S-40 (Electronic and Information Technology Accessibility 
Standards Final Rule). Persons using a TTY should call (202) 272-5449. 
Please record a name, address, telephone number and request publication 
S-40. This document is available in alternate formats upon request. 
Persons who want a copy in an alternate format should specify the type 
of format (cassette tape, Braille, large print, or computer disk). This 
document is also available on the Board's Internet site (http://www.access-board.gov/sec508/508standards.htm).

Background

    On August 7, 1998, the President signed into law the Workforce 
Investment Act of 1998, which includes the Rehabilitation Act 
Amendments of 1998. Section 508 of the Rehabilitation Act Amendments, 
as amended by the Workforce Investment Act of 1998, requires that when 
Federal agencies develop, procure, maintain, or use electronic and 
information technology, they shall ensure that the electronic and 
information technology allows Federal employees with disabilities to 
have access to and use of information and data that is comparable to 
the access to and use of information and data by Federal employees who 
are not individuals with disabilities, unless an undue burden would be 
imposed on the agency.\1\ Section 508 also requires that individuals 
with disabilities, who are members of the public seeking information or 
services from a Federal agency, have access to and use of information 
and data that is comparable to that provided to the public who are not 
individuals with disabilities.
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    \1\ Section 508 does not apply to national security systems, as 
that term is defined in section 5142 of the Clinger-Cohen Act of 
1996 (40 U.S.C. 1452).
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    Section 508(a)(2)(A) requires the Architectural and Transportation 
Barriers Compliance Board (Access Board) \2\ to publish standards 
setting forth a definition of electronic and information technology and 
the technical and functional performance criteria necessary for 
accessibility for such technology. If an agency determines that meeting 
the standards, when procuring electronic and information technology, 
imposes an undue burden, it must explain why meeting the standards 
creates an undue burden.
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    \2\ The Access Board is an independent Federal agency 
established by section 502 of the Rehabilitation Act (29 U.S.C. 792) 
whose primary mission is to promote accessibility for individuals 
with disabilities. The Access Board consists of 25 members. Thirteen 
are appointed by the President from among the public, a majority of 
who are required to be individuals with disabilities. The other 
twelve are heads of the following Federal agencies or their 
designees whose positions are Executive Level IV or above: The 
departments of Health and Human Services, Education, Transportation, 
Housing and Urban Development, Labor, Interior, Defense, Justice, 
Veterans Affairs, and Commerce; the General Services Administration; 
and the United States Postal Service.
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    On March 31, 2000, the Access Board issued a notice of proposed 
rulemaking (NPRM) in the Federal Register (65 FR 17346) proposing 
standards for accessible electronic and information technology. The 
proposed standards were based on recommendations of the Electronic and 
Information Technology Access Advisory Committee (EITAAC). The EITAAC 
was convened by the Access Board in September 1998 to assist the Board 
in fulfilling its mandate under section 508. It was composed of 27 
members including representatives of the electronic and information 
technology industry, organizations representing the access needs of 
individuals with disabilities, and other persons affected by 
accessibility standards for electronic and information technology. 
Representatives of Federal agencies, including the departments of 
Commerce, Defense, Education, Justice, Veterans Affairs, the Federal 
Communications Commission, and the General Services Administration, 
served as ex-officio members or observers of the EITAAC.
    The public comment period for the proposed rule ended on May 30, 
2000. Over 100 individuals and organizations submitted comments on the 
proposed standards. Comments were submitted by Federal agencies, 
representatives of the information technology industry, disability 
groups, and persons with disabilities. Approximately 35 percent of the 
comments came from Federal agencies. Fifteen percent came from 
individual companies and industry trade associations. Approximately 30 
percent of the comments were from individuals with disabilities and 
organizations representing persons with disabilities. Eight states 
responded to the proposed rule and the remaining comments were from 
educational or research organizations.
    The proposed standards covered various products, including 
computers, software, and electronic office

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equipment in the Federal sector. They provided technical criteria 
specific to various types of technologies and performance-based 
requirements, which focus on the functional capabilities of covered 
technologies. Specific criteria covered controls, keyboards, and 
keypads; software applications and operating systems (non-embedded); 
web-based information or applications; telecommunications functions; 
video or multi-media products; and information kiosks and transaction 
machines. Also covered was compatibility with adaptive equipment that 
people with disabilities commonly use for information and communication 
access.

General Issues

    This section of the preamble addresses general issues raised by 
comments filed in response to the NPRM. Individual provisions of the 
rule are discussed in detail under the Section-by-Section Analysis 
below.

Effective Date for the Enforcement of Section 508

    Section 508(a)(2)(A) required the Board to publish final standards 
for accessible electronic and information technology by February 7, 
2000. Section 508(a)(3) provides that within six months after the Board 
publishes its standards, the Federal Acquisition Regulatory Council is 
required to revise the Federal Acquisition Regulation (FAR), and each 
Federal agency is required to revise the Federal procurement policies 
and directives under its control to incorporate the Board's 
standards.\3\
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    \3\ Whenever the Access Board revises its standards, the Federal 
Acquisition Regulatory Council is required to revise the FAR, and 
each appropriate Federal agency is required to revise its 
procurement policies and directives within six months to incorporate 
the revisions.
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    Because of the delay in publishing the standards, the proposed rule 
sought comment on making the standards effective six months after 
publication in the Federal Register to provide Federal agencies an 
opportunity to more fully understand the new standards and allow 
manufacturers of electronic and information technology time to ensure 
that their products comply with the standards before enforcement 
actions could be initiated. The NPRM noted that postponing the 
effective date of the Board's standards could not affect the right of 
individuals with disabilities to file complaints for electronic and 
information technology procured after August 7, 2000 since that right 
was established by the statute.
    Comment. There was a general consensus that a delay in the 
effective date of the standards was warranted to provide a reasonable 
period of time for industry to bring their products into compliance 
with the Board's standards.
    Response. On July 13, 2000, President Clinton signed into law the 
Military Construction Appropriations Act for Fiscal Year 2001 (Public 
Law 106-246) which included an amendment to section 508 of the 
Rehabilitation Act. Under the amendment, the effective date for the 
enforcement of section 508 was delayed to allow for additional time for 
compliance with the Board's final standards. As originally written, the 
enforcement provisions of section 508 would have taken effect on August 
7, 2000. The amendment in Public Law 106-246 revises the enforcement 
date to 6 months from publication of the Board's final standards, 
consistent with the law's intent. As a result of the amendment, there 
is no need to delay the effective date of the standards. The effective 
date for the standards is largely an administrative provision and does 
not affect the date by which complaints may be filed under section 508. 
Complaints and lawsuits may be filed 6 months from the date of 
publication of these standards in the Federal Register.

Technical and Functional Performance Criteria

    Section 508 (a)(2)(A)(ii) requires the Board to develop technical 
and functional performance criteria necessary to implement the 
requirements of section 508.
    Comment. The Information Technology Association of America (ITAA) 
commented that the specificity of many of the proposed provisions go 
beyond what may be characterized as technical and functional 
performance criteria. ITAA commented that the statute intended that the 
standards be set forth in terms of technical and functional performance 
criteria as opposed to technical design requirements. Performance 
criteria are intended to give discretion in achieving the required end 
result. ITAA commented that product developers, who have a broad 
understanding of their own products, industry standards, and future 
trends need this discretion to meet the requirements of section 508 and 
that it is impossible to predict accurately future technological 
advances. Design requirements, they added, inhibit development and 
innovation. ITAA was concerned that many of the proposed provisions 
would impede technological advancements because they were too specific. 
On the other hand, ITAA supported proposed Sec. 1194.5, Equivalent 
Facilitation, because it would lessen the adverse impact of the 
specific requirements.
    Response. According to administration policy, performance standards 
are generally to be preferred to engineering or design standards 
because performance standards provide the regulated parties the 
flexibility to achieve the regulatory objective in a more cost-
effective way. The Board was given the responsibility to develop 
technical and functional performance criteria necessary to implement 
the requirements of section 508. Thus, the standards provide technical 
requirements as well as functional performance criteria. The standards 
reflect the need to be as descriptive as possible because procurement 
officials and others need to know when compliance with section 508 has 
been achieved and because the failure to meet the standards can result 
in an enforcement action. Several provisions, such as those regarding 
time-out features, have been revised in the final rule to be more 
performance oriented rather than specific design standards.

Section-by-Section Analysis

    This section of the preamble summarizes each of the provisions of 
the final rule and the comments received in response to the proposed 
rule. Where the provision in the final rule differs from that of the 
proposed rule, an explanation of the modification is provided. The text 
of the final rule follows this section.

Subpart A--General

Section 1194.1  Purpose

    This section describes the purpose of the standards which is to 
implement section 508 of the Rehabilitation Act of 1973, as amended by 
the Workforce Investment Act of 1998. No substantive comments were 
received and no changes have been made to this section in the final 
rule.

Section 1194.2  Application

    This section specifies what electronic and information technology 
is covered by the standards. Electronic and information technology 
covered by section 508 must comply with each of the relevant sections 
of this part. For example, a computer and its software programs would 
be required to comply with Sec. 1194.26, Desktop and portable 
computers, Sec. 1194.21, Software applications and operating systems, 
and the functional performance criteria in Sec. 1194.31. Paragraph (a) 
states the general statutory requirement for electronic and information 
technology that must comply with the standards

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unless doing so would result in an undue burden. The term ``undue 
burden'' is defined at Sec. 1194.4 (Definitions) and is discussed in 
the preamble under that section.
    Paragraph (a)(1) states the statutory obligation of a Federal 
agency to make information and data available by an alternative means 
when complying with the standards would result in an undue burden. For 
example, a Federal agency wishes to purchase a computer program that 
generates maps denoting regional demographics. If the agency determines 
that it would constitute an undue burden to purchase an accessible 
version of such a program, the agency would be required to make the 
information provided by the program available in an alternative means 
to users with disabilities. In addition, the requirements to make 
reasonable accommodations for the needs of an employee with a 
disability under section 501 and to provide overall program 
accessibility under section 504 of the Rehabilitation Act also apply.
    Comment. The National Federation of the Blind (NFB) suggested that 
additional language be added that would require agencies to provide 
information by an alternative means at the same time the information 
and data are made available to others.
    Response. This paragraph restates the general statutory requirement 
to provide an alternative means of providing an individual the use of 
the information and data. Providing individuals with information and 
data by an alternative means necessarily requires flexibility and will 
generally be dealt with on a case-by-case approach. Although, the Board 
agrees that information provided by an alternative means should be 
provided at generally the same time as the information is made 
available to others, the provision provides the needed flexibility to 
ensure that agencies can make case-by-case decisions. No substantive 
changes were made in the final rule.
    Paragraph (a)(2) sets forth the statutory requirement for an agency 
to document any claim of undue burden in a procurement. Such 
documentation must explain in detail which provision or provisions of 
this rule impose an undue burden and the extent of such a burden. The 
agency should discuss each of the factors considered in its undue 
burden analysis.
    Comment. The General Services Administration was concerned that 
this provision was too limiting because it only referred to products 
which are procured by the Federal Government and did not include 
products which are developed, maintained, or used. The American Council 
of the Blind (ACB) recommended that the requirement for documentation 
apply when agencies claim the lack of commercially available accessible 
equipment or software. The NFB commented that there should be a 
requirement for agencies to explain the specific alternate means to be 
used to provide information or data. Without such a requirement, they 
argued, persons with disabilities must be knowledgeable enough to 
inquire about an alternate means after first discovering that the 
product used for the information and data is not accessible. Although 
agencies would be expected to know in advance when products will not be 
accessible, persons with disabilities will not have this information 
until encountering the problem.
    Response. Paragraph (a)(2) addresses the documentation of undue 
burden. By statute, the requirement to document an undue burden applies 
only to procurements. This rule does not prescribe the needed 
documentation of a finding of an undue burden but merely restates the 
statutory requirement that a finding be documented. The FAR is expected 
to address the needed documentation. No substantive changes have been 
made in the final rule.
    Paragraph (b) states that procurement of products complying with 
this part is subject to commercial availability. The concept of 
commercial availability is based on existing provisions in the FAR (see 
48 CFR 2.101, Definitions of Words and Terms: Commercial item).
    The proposed rule provided that the standards applied to products 
which were available in the commercial marketplace; would be available 
in time to meet an agency's delivery requirements through advances in 
technology or performance; or were developed in response to a 
Government solicitation. As noted in the preamble, this language was 
derived from the definition for ``commercial item'' in the FAR cited 
above. The preamble to the proposed rule stated that the determination 
of commercial availability is to be applied on a provision by provision 
basis.
    Comment. A number of commenters sought further clarification of 
this provision. Several commenters from the information technology 
industry and some Federal agencies were concerned that the concept of 
what is commercially available was more appropriately within the 
jurisdiction of the Federal Acquisition Regulatory Council. The 
American Foundation for the Blind (AFB) and the ACB wanted agencies to 
document their determination that a product was not commercially 
available similar to what is required under undue burden. The ITAA 
commented that commercial availability should not be applied on a 
provision by provision basis.
    Response. The Board agrees that the FAR is the appropriate venue 
for addressing commercial availability. The Board believes that the 
concept of commercial availability is captured in the FAR definition of 
``commercial item''.
    With respect to documentation, Federal agencies may choose to 
document a determination that a product is not available in the 
commercial marketplace in anticipation of a subsequent inquiry. 
However, such documentation is not required by section 508.
    Similar to an undue burden analysis, agencies cannot claim that a 
product as a whole is not commercially available because no product in 
the marketplace meets all the standards. If products are commercially 
available that meet some but not all of the standards, the agency must 
procure the product that best meets the standards. The final rule has 
been modified to clarify this application.
    Paragraph (c) applies this rule to electronic and information 
technology developed, procured, maintained, or used by an agency 
directly or used by a contractor pursuant to a contract with an agency.
    Comment. The ITAA commented that this provision conflicts with 
section 508. For example, they commented that if a contract required a 
vendor to purchase and maintain a specific computer system for the 
purpose of gathering and relaying certain data to an agency, the 
standards would apply to such a computer system even if the system 
would be used only by vendor employees. In addition, ITAA commented 
that this is not a technical and functional performance criterion, and 
should be addressed by the FAR.
    Response. Consistent with section 5002(3)(C) of the Clinger-Cohen 
Act of 1996 (40 U.S.C. 1452) and as further discussed in section 
1194.3(b) below, products used by a contractor which are incidental to 
a contract are not covered by this rule. For example, a Federal agency 
enters into a contract to have a web site developed for the agency. The 
contractor uses its own office system to develop the web site. The web 
site is required to comply with this rule since the web site is the 
purpose of the contract, however, the contractor's office system does 
not have to comply with these standards, since the equipment used to 
produce the web site is incidental to the contract. See section

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1194.3(b) below. No changes were made to this provision in the final 
rule.

Section 1194.3  General Exceptions

    This section provides general exceptions from the standards. 
Paragraph (a) provides an exception for telecommunications or 
information systems operated by agencies, the function, operation, or 
use of which involves intelligence activities, cryptologic activities 
related to national security, command and control of military forces, 
equipment that is an integral part of a weapon or weapons system, or 
systems which are critical to the direct fulfillment of military or 
intelligence missions. This exception is statutory under section 508 
and is consistent with a similar exception in section 5142 of the 
Clinger-Cohen Act of 1996. This exception does not apply to a system 
that is to be used for routine administrative and business applications 
(including payroll, finance, logistics, and personnel management 
applications). For example, software used for payroll, word processing 
software used for production of routine documents, ordinary telephones, 
copiers, fax machines, and web applications must still comply with the 
standards even if they are developed, procured, maintained, or used by 
an agency engaged in intelligence or military activities. The Board 
understands that the Department of Defense interprets this to mean that 
a computer designed to provide early missile launch detection would not 
be subject to these standards, nor would administrative or business 
systems that must be architecturally tightly coupled with a mission 
critical, national security system, to ensure interoperability and 
mission accomplishment. No substantive comments were received and no 
changes have been made to this section in the final rule.
    Paragraph (b) provides an exception for electronic and information 
technology that is acquired by a contractor incidental to a Federal 
contract. That is, the products a contractor develops, procures, 
maintains, or uses which are not specified as part of a contract with a 
Federal agency are not required to comply with this part. For example, 
a consulting firm that enters into a contract with a Federal agency to 
produce a report is not required to procure accessible computers and 
word processing software to produce the report regardless of whether 
those products were used exclusively for the government contract or 
used on both government and non-government related activities since the 
purpose of the contract was to procure a report. Similarly, if a firm 
is contracted to develop a web site for a Federal agency, the web site 
created must be fully compliant with this part, but the firm's own web 
site would not be covered. No substantive comments were received and no 
changes have been made to this section in the final rule.
    Paragraph (c) clarifies that, except as required to comply with 
these standards, this part does not require the installation of 
specific accessibility-related software or the attachment of an 
assistive technology device at a workstation of a Federal employee who 
is not an individual with a disability. Specific accessibility related 
software means software which has the sole function of increasing 
accessibility for persons with disabilities to other software programs 
(e.g., screen magnification software). The purpose of section 508 and 
these standards is to build as much accessibility as is reasonably 
possible into general products developed, procured, maintained, or used 
by agencies. It is not expected that every computer will be equipped 
with a refreshable Braille display, or that every software program will 
have a built-in screen reader. Such assistive technology may be 
required as part of a reasonable accommodation for an employee with a 
disability or to provide program accessibility. To the extent that such 
technology is necessary, products covered by this part must not 
interfere with the operation of the assistive technology. No 
substantive comments were received and no changes have been made to 
this section in the final rule.
    Paragraph (d) specifies that when agencies provide access to 
information or data to the public through electronic and information 
technology, agencies are not required to make equipment owned by the 
agency available for access and use by individuals with disabilities at 
a location other than that where the electronic and information 
technology is provided to the public, or to purchase equipment for 
access and use by individuals with disabilities at a location other 
than that where the electronic and information technology is provided 
to the public. For example, if an agency provides an information kiosk 
in a Post Office, a means to access the kiosk information for a person 
with a disability need not be provided in any location other than at 
the kiosk itself.
    Comment. The ACB commented that where a location is not accessible, 
an agency must provide the information in a location that is accessible 
to people with disabilities.
    Response. This paragraph restates the general statutory requirement 
that when agencies provide access to information or data to the public 
through electronic and information technology, the agencies are not 
required to make equipment owned by the agency available for access and 
use by individuals with disabilities at a location other than that 
where the electronic and information technology is provided to the 
public, or to purchase equipment for access and use by individuals with 
disabilities at a location other than that where the electronic and 
information technology is provided to the public. The accessibility of 
the location would be addressed under section 504 of the Rehabilitation 
Act or other Federal laws. No substantive changes were made in the 
final rule.
    Paragraph (e) states that compliance with this part does not 
require a fundamental alteration in the nature of a product or service 
or its components.
    Comment. The AFB commented that fundamental alteration is not an 
appropriate factor to include in this rule since the statute provides 
undue burden as the proper protection and allowing a fundamental 
alteration exemption weakens the intent of the statute and its high 
expectations of government. If the concept of fundamental alteration is 
maintained, AFB recommended that it be part of an explanation of undue 
burden. The Department of Commerce agreed that the inclusion of a 
fundamental alteration exception would negate the purpose of section 
508. The Trace Research and Development Center said that the term 
should be defined.
    The Information Technology Industry Council (ITIC) commented that 
the Board should expand the concept of fundamental alteration by 
stating that an agency should not be required to fundamentally alter 
the nature of a program or service that the agency offers.
    Response. Fundamental alteration is an appropriate exception for 
inclusion in the standards. It means a change in the fundamental 
characteristic or purpose of the product or service, not merely a 
cosmetic or aesthetic change. For example, an agency intends to procure 
pocket-sized pagers for field agents for a law enforcement agency. 
Adding a large display to a small pager may fundamentally alter the 
device by significantly changing its size to such an extent that it no 
longer meets the purpose for which it was intended, that is to provide 
a communication device which fits in a shirt or jacket pocket. For some 
of these agents, portability of electronic equipment is a paramount

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concern. Generally, adding access should not change the basic purpose 
or characteristics of a product in a fundamental way.
    Comment. The ITAA commented that telecommunications equipment 
switches, servers, and other similar ``back office'' equipment which 
are used for equipment maintenance and administration functions should 
be exempt from the standards. For example, in the case of 
telecommunications equipment, technicians might need to configure 
service databases, remove equipment panels to replace components, or 
run tests to verify functionality. ITAA commented that section 508 
should not apply to these types of products since applying requirements 
to such products would have serious design and cost ramifications.
    Response. The Board agrees and has provided an exception that 
products located in spaces frequented only by service personnel for 
maintenance, repair, or occasional monitoring of equipment are not 
required to comply with this part. This exception is consistent with a 
similar exception in the Board's guidelines under the Americans with 
Disabilities Act (ADA) (Sec. 4.1.1(5)(b) 36 CFR part 1191) and the 
Architectural Barriers Act (Sec. 4.1.2(5) exception, Uniform Federal 
Accessibility Standards Appendix A to 41 CFR part 101-19.6).

Section 1194.4  Definitions

    Accessible. The term accessible was defined in the proposed rule in 
terms of compliance with the standards in this part, as is common with 
other accessibility standards. As proposed, if a product complies with 
the standards in this part, it is ``accessible''; if it does not 
comply, it is not accessible.
    Comment. The Trace Research and Development Center (Trace Center) 
and the General Services Administration commented that the proposed 
definition of accessible would mean that products can be declared 
``accessible'' if they are merely compatible with assistive technology 
and that the definition of accessible was being used as a measure of 
compliance. The Trace Center commented that the problem with this 
approach is that a product could have few or no accessibility features 
because it was an undue burden and still be considered accessible.
    Response. Although the term accessible was used sparingly in the 
proposed rule, the Board agrees that the definition may be problematic. 
The term as used in the proposed rule was in fact addressing products 
which comply with the standards. Products covered by this part are 
required to comply with all applicable provisions of this part. 
Accordingly, the definition has been eliminated in the final rule and 
the term accessible is not used in the text of the final rule. A 
product is compliant with the requirements of section 508 of the 
Rehabilitation Act of 1973 (as amended by the Workforce Investment Act 
of 1998) by meeting all the applicable provisions of part 1194.
    Agency. The term agency includes any Federal department or agency, 
including the United States Postal Service. No substantive comments 
were received regarding this definition and no changes have been made 
in the final rule.
    Alternate formats. Certain product information is required to be 
made available in alternate formats to be usable by individuals with 
various disabilities. Consistent with the Board's Telecommunications 
Act Accessibility Guidelines (36 CFR part 1193), the proposed rule 
defined alternate formats as those formats which are usable by people 
with disabilities. The proposed definition noted that the formats may 
include Braille, ASCII text, large print, recorded audio, and 
accessible internet programming or coding languages, among others. 
ASCII refers to the American Standard Code for Information Interchange, 
which is an American National Standards Institute (ANSI) standard 
defining how computers read and write commonly used letters, numbers, 
punctuation marks, and other codes.
    Comment. One commenter was concerned that the term ``accessible 
internet programming or coding languages'' used in the description of 
acceptable alternate formats was somewhat ambiguous and recommended 
using the term ``accessible internet formats''.
    Response. The Board agrees that the term ``accessible internet 
programming or coding languages'' may be vague. In addition, as noted 
above, the final rule will not include the term ``accessible''. The 
definition for alternate formats has been modified to refer to 
``electronic formats which comply with this part''. This change will 
permit, for instance, alternate formats to include a computer file 
(either on the internet or saved on a computer disk) that can be viewed 
by a browser and which complies with the standards for web pages. No 
other changes have been made to the definition in the final rule.
    Alternate methods. The proposed rule used the term ``alternate 
modes'' which was defined as different means of providing information 
to users of products, including product documentation, such as voice, 
fax, relay service, TTY, internet posting, captioning, text-to-speech 
synthesis, and audio description.
    Comment. One commenter suggested that ``alternate methods'' would 
be a better term to describe the different means of providing 
information. The commenter was concerned that the term alternate modes 
would be confused with alternate modes of operation of the product 
itself which does not necessarily refer to how the information is 
provided.
    Response. The Board agrees that the term alternate methods is a 
more descriptive and less confusing term than the term alternate modes. 
Other than the change in terminology from alternate modes to alternate 
methods, no other changes have been made to the definition in the final 
rule.
    Assistive technology. Assistive technology is defined as any item, 
piece of equipment, or system, whether acquired commercially, modified, 
or customized, that is commonly used to increase, maintain, or improve 
functional capabilities of individuals with disabilities. The 
definition was derived from the definition of assistive technology in 
the Assistive Technology Act of 1998 (29 U.S.C. 3002). The preamble to 
the proposed rule noted that assistive technology may include screen 
readers which allow persons who cannot see a visual display to either 
hear screen content or read the content in Braille, specialized one-
handed keyboards which allow an individual to operate a computer with 
only one hand, and specialized audio amplifiers that allow persons with 
limited hearing to receive an enhanced audio signal. No substantive 
comments were received regarding this definition and no changes have 
been made in the final rule.
    Electronic and information technology. This is the statutory term 
for the products covered by the standards in this part. The statute 
explicitly required the Board to define this term, and required the 
definition to be consistent with the definition of information 
technology in the Clinger-Cohen Act of 1996. The Board's proposed 
definition of information technology was identical to that in the 
Clinger-Cohen Act. Electronic and information technology was defined in 
the proposed rule to include information technology, as well as any 
equipment or interconnected system or subsystem of equipment, that is 
used in the creation, conversion, or duplication of data or 
information.
    Information technology includes computers, ancillary equipment, 
software, firmware and similar

[[Page 80505]]

procedures, services (including support services), and related 
resources. Electronic and information technology includes information 
technology products like those listed above as well as 
telecommunications products (such as telephones), information kiosks 
and transaction machines, World Wide Web sites, multimedia, and office 
equipment such as copiers, and fax machines.
    Consistent with the FAR,\4\ the Board proposed that electronic and 
information technology not include any equipment that contains embedded 
information technology that is used as an integral part of the product, 
but the principal function of which is not the acquisition, storage, 
manipulation, management, movement, control, display, switching, 
interchange, transmission, or reception of data or information. For 
example, HVAC (heating, ventilation, and air conditioning) equipment 
such as thermostats or temperature control devices, and medical 
equipment where information technology is integral to its operation, 
are not information technology.
---------------------------------------------------------------------------

    \4\ 48 CFR Chapter 1, part 2, Sec. 2.101 Definitions Information 
Technology (c).
---------------------------------------------------------------------------

    Comment. Several commenters recommended that the exception for HVAC 
control devices and medical equipment be revised in the final rule. The 
commenters were concerned that the exception was too broad in that it 
exempted equipment such as medical diagnostic equipment that they felt 
should be covered by the rule. In addition, the National Association of 
the Deaf (NAD) requested that public address systems, alarm systems, 
and two-way communications systems such as intercoms be expressly 
included as electronic and information technology.
    Response. The exemption is consistent with existing definitions for 
information technology in the FAR. Public address systems, alarm 
systems, and two-way communications systems are already addressed by 
the Americans with Disabilities Act Accessibility Guidelines and will 
be addressed in more detail in the Board's guidelines under the 
Architectural Barriers Act which apply to Federal facilities. No 
changes have been made to the definition in the final rule.
    Information technology. The definition of information technology is 
identical to that in the Clinger-Cohen Act, that is, any equipment or 
interconnected system or subsystem of equipment, that is used in the 
automatic acquisition, storage, manipulation, management, movement, 
control, display, switching, interchange, transmission, or reception of 
data or information. Information technology includes computers, 
ancillary equipment, software, firmware and similar procedures, 
services (including support services), and related resources. No 
substantive comments were received regarding this definition and no 
changes have been made in the final rule.
    Operable controls. The proposed rule defined operable controls as 
those components of a product that require physical contact for normal 
operation of the device. Examples of operable controls were provided, 
including on/off switches, buttons, dials and knobs, mice, keypads and 
other input devices, copier paper trays (both for inserting paper to be 
copied and retrieving finished copies), coin and card slots, card 
readers, and similar components. The proposed rule also clarified that 
operable controls do not include voice-operated controls.
    Comment. One commenter was concerned that the term paper trays was 
confusing and interpreted it to mean the large trays on a copier which 
are loaded with reams of paper for copying. The commenter suggested 
that the term input and output trays be used instead.
    Response. The Board agrees that input and output trays are more 
descriptive. The final rule reflects this change which is intended to 
apply to products in their normal operation rather than when the 
product may be used for maintenance, repair, or occasional monitoring. 
For example, a user should be able to add paper to a desktop laser 
printer. No other changes have been made to this definition.
    Product. The term product is used in the rule as a shorthand for 
electronic and information technology. No substantive comments were 
received regarding this definition and no changes have been made in the 
final rule.
    Self contained, closed products. This term was not used in the 
proposed rule and is provided in the final rule as a result of the 
reorganization of the standards. Self contained, closed products, are 
those that generally have embedded software and are commonly designed 
in such a fashion that a user cannot easily attach or install assistive 
technology. These products include, but are not limited to, information 
kiosks and information transaction machines, copiers, printers, 
calculators, fax machines, and other similar types of products.
    Telecommunications. The definition for telecommunications is 
consistent with the definition in the Board's Telecommunications Act 
Accessibility Guidelines and the definition of telecommunications in 
the Telecommunications Act. No substantive comments were received 
regarding this definition and no changes have been made in the final 
rule.
    TTY. TTYs are machinery or equipment that employ interactive text 
based communications through the transmission of coded signals across 
the telephone network.
    Comment. The Trace Center recommended adding the word ``baudot'' to 
the definition of TTY to clarify that the term is not meant to be 
broader than baudot TTYs. The NAD and other consumer groups, however, 
supported the Board's definition and encouraged the Board to use the 
same definition consistently.
    Response. The definition for the term TTY is consistent with the 
definition of TTY in the Board's ADA Accessibility Guidelines and 
Telecommunications Act Accessibility Guidelines. No changes have been 
made to the definition in the final rule.
    Undue burden. The final rule defines the term undue burden as 
``significant difficulty or expense.'' In determining what is a 
significant difficulty or expense, each agency must consider the 
resources available to the program or component for which the product 
is being developed, maintained, used or procured. The proposed rule 
defined undue burden as an action that would result in significant 
difficulty or expense considering all agency resources available to the 
agency or component. The Board sought comment in the NPRM on two 
additional factors (identified as factor (2) and factor (3) in the 
preamble) for agencies to consider in assessing a determination of an 
undue burden. Factor (2) addressed the compatibility of an accessible 
product with the agency's or component's infrastructure, including 
security, and the difficulty of integrating the accessible product. 
Factor (3) concerned the functionality needed from the product and the 
technical difficulty involved in making the product accessible.
    Comment. The ITAA, ITIC and the Oracle Corporation opposed the 
inclusion of a definition for undue burden in the final rule. Both the 
ITAA and the ITIC commented that defining undue burden was beyond the 
Board's authority. Oracle suggested that the concept of undue burden 
under section 508 was beyond the Board's expertise in that it was a 
procurement matter. The commenters were also concerned that the Board's 
definition was too narrow. Alternatively, if the Board was to adopt a 
definition for undue burden, the ITAA favored adoption of the factors 
associated with undue burden and

[[Page 80506]]

undue hardship in the ADA and section 504 of the Rehabilitation Act. In 
particular, the ITAA recommended adoption of the ``nature and cost'' of 
the accommodation as a factor for consideration. ITIC favored adoption 
of the employment factors in title I of the ADA if the Board were to 
include a definition of undue burden. Both the ITAA and the ITIC also 
favored the adoption of factors (2) and (3) identified in the NPRM if 
undue burden was to be addressed in the final rule.
    The remainder and majority of the commenters did not address the 
issue of whether the Board should adopt a definition of undue burden, 
but rather how to define it. At least two Federal agencies and 10 
organizations representing persons with disabilities opposed the 
inclusion of factors (2) and (3) suggested in the NPRM. The Department 
of Commerce and a majority of advocacy organizations representing 
people with disabilities opposed factors (2) and (3) on the grounds 
that the factors would create a loophole for agencies to avoid 
compliance with section 508. The Department of Veterans Affairs opposed 
factor (3) as it considered that factor to be more about job assignment 
than undue burden. Several commenters including Sun Microsystems and 
Adobe Systems favored adopting factors (2) and (3) in the definition of 
undue burden. The Social Security Administration (SSA) and the 
Department of Health and Human Services, Administration for Children 
and Families, sought guidance as to the amount of increased cost of a 
product that would not constitute undue burden regardless of an 
agency's overall budget. Citing the example of a product that would 
cost 25 percent more to comply with the standards, the SSA questioned 
whether that would be undue or would 10 percent or 50 percent be 
considered undue. The General Services Administration recommended 
basing the financial resources available to an agency on a program 
basis.
    Response. The term undue burden is based on caselaw interpreting 
section 504 of the Rehabilitation Act (Southeastern Community College 
v. Davis, 442 U.S. 397 (1979)), and has been included in agency 
regulations issued under section 504 since the Davis case. See, e.g., 
28 CFR 39.150. The term undue burden is also used in Title III of the 
ADA, 42 U.S.C. 12182(b)(2)(A)(iii). The legislative history of the ADA 
states that the term undue burden is derived from section 504 and the 
regulations thereunder, and is analogous to the term ``undue hardship'' 
in Title I of the ADA, which Congress defined as ``an action requiring 
significant difficulty or expense.'' 42 U.S.C. 12111(10)(A). See, H. 
Rept. 101-485, pt. 2, at 106. In the NPRM, the Board proposed adoption 
of ``significant difficulty or expense'' as the definition for undue 
burden. No changes were made to that aspect of the definition in the 
final rule.
    Title I of the ADA lists factors to be considered in determining 
whether a particular action would result in an undue hardship. 42 
U.S.C. 12111(10)(B)(i)-(iv). However, since title I of the ADA 
addresses employment and the individual accommodation of employees, not 
all of the factors are directly applicable to section 508 except for 
the financial resources of the covered facility or entity which is 
necessary to a determination of ``significant difficulty or expense.'' 
Unlike title I, section 508 requires that agencies must procure 
accessible electronic and information technology regardless of whether 
they have employees with disabilities. Requiring agencies to purchase 
accessible products at the outset eliminates the need for expensive 
retrofitting of an existing product when requested by an employee or 
member of the public as a reasonable accommodation at a later time.
    In determining whether a particular action is an undue burden under 
section 508, the proposed rule provided that the resources 
``available'' to an ``agency or component'' for which the product is 
being developed, procured, maintained, or used is an appropriate factor 
to consider. The language was derived from the section 504 federally 
conducted regulations. Those regulations limited the consideration of 
resources to those resources available to a ``program''. The preamble 
to the proposed rule noted that an agency's entire budget may not be 
available for purposes of complying with section 508. Many parts of 
agency budgets are authorized for specific purposes and are thus not 
available to other programs or components within the agency. The 
definition of undue burden has been clarified in the final rule to more 
clearly reflect this limitation. The provision now states that ``agency 
resources available to a program or component'' are to be considered in 
determining whether an action is an undue burden. Because available 
financial resources vary greatly from one agency to another, what 
constitutes an undue burden for a smaller agency may not be an undue 
burden for another, larger agency having more resources to commit to a 
particular procurement. Each procurement would necessarily be 
determined on a case-by-case basis. Because a determination of whether 
an action would constitute an undue burden is made on a case-by-case 
basis, it would be inappropriate for the Board to assess a set 
percentage for the increased cost of a product that would be considered 
an undue burden in every case.
    The Board has not included factors (2) and (3) in the text of the 
final rule. While the Board acknowledges that these may be appropriate 
factors for consideration by an agency in determining whether an action 
is an undue burden, factors (2) and (3) were not based on established 
caselaw or existing regulations under section 504. Further, the Board 
recognizes that undue burden is determined on a case-by-case basis and 
that factors (2) and (3) may not apply in every determination. Agencies 
are not required to consider these factors and may consider other 
appropriate factors in their undue burden analyses.
    Comment. Adobe Systems questioned whether a product which does not 
meet a provision based on a finding of undue burden, has to comply with 
the remaining provisions.
    Response. The undue burden analysis is applied on a provision by 
provision basis. A separate undue burden analysis must be conducted 
and, in the case of procurements, be documented for each applicable 
provision.

Section 1194.5  Equivalent Facilitation

    This section allows the use of designs or technologies as 
alternatives to those prescribed in this part provided that they result 
in substantially equivalent or greater access to and use of a product 
for people with disabilities. This provision is not a ``waiver'' or 
``variance'' from the requirement to provide accessibility, but a 
recognition that future technologies may be developed, or existing 
technologies could be used in a particular way, that could provide the 
same functional access in ways not envisioned by these standards. In 
evaluating whether a technology results in ``substantially equivalent 
or greater access,'' it is the functional outcome, not the form, which 
is important. For example, an information kiosk which is not accessible 
to a person who is blind might be made accessible by having a telephone 
handset that connects to a computer that responds to touch-tone 
commands and delivers the same information audibly. In addition, voice 
recognition and activation are progressing rapidly so that voice input 
soon may become a reasonable substitute for some or all keyboard input 
functions. For example, already some telephones can be dialed by voice. 
In effect, compliance with the performance

[[Page 80507]]

criteria of Sec. 1194.31 is the test for equivalent facilitation.
    Comment. Commenters supported the Board in its recognition that 
accessibility may sometimes be attained through products that do not 
strictly comply with design standards. Several commenters supported 
this concept because they believed that it will result in the 
development of better access solutions for individuals with 
disabilities.
    Response. No changes have been made to this provision in the final 
rule.

Subpart B--Technical Standards (Formerly Subpart B--Accessibility 
Standards in the NPRM)

    Comment. Subpart B of the proposed rule contained four sections: 
Sec. 1194.21 (General Requirements); Sec. 1194.23 (Component Specific 
Standards); Sec. 1194.25 Standards for Compatibility; and Sec. 1194.27 
(Functional Performance Criteria). The Board sought comment in the 
proposed rule on the organization of Subpart B in general and 
Sec. 1194.21 (General Requirements), Sec. 1194.23 (Component Specific 
Requirements) and Sec. 1194.25 (Requirements for Compatibility) in 
particular. A number of commenters found the application of the 
proposed rule to be confusing due to the manner in which the rule was 
organized. Commenters questioned whether a specific product need only 
comply with the provisions under a specific heading in Sec. 1194.23 
(Component Specific Requirements) or whether they must also look to the 
provisions in Sec. 1194.21 (General Requirements), as well as 
Sec. 1194.25 (Compatibility). Commenters further questioned whether 
multiple provisions within a specific section would apply. For example, 
making electronic forms accessible was addressed under Sec. 1194.23(b) 
(Non-embedded software applications and operating systems). Provisions 
for web sites were addressed separately in Sec. 1194.23(c) (Web-based 
information or applications). Since electronic forms are becoming very 
popular on web sites, the commenters questioned whether the provisions 
for electronic forms under the software section should also be applied 
to web sites even though the section on web sites did not specifically 
address electronic forms. Another commenter pointed out that some 
provisions under Sec. 1194.21 (General Requirements) actually addressed 
specific components such as touch screens, which were addressed under 
General Requirements in the proposed rule. Finally, other commenters 
noted that several provisions under Sec. 1194.23 (Component Specific 
Requirements) were really compatibility concerns, such as 
Sec. 1194.23(b) (Non-embedded software).
    Response. A product must comply with the provisions under each 
applicable section in Subpart B. For example, a telecommunications 
product that has computer, software and operating systems, a keyboard, 
and web browser will have to comply with each of the relevant sections 
in Subpart B. The Board has reorganized Subpart B in the final rule as 
follows:
    The title of Subpart B has been changed from ``Accessibility 
Standards'' to ``Technical Standards''.
    Subpart B has been reorganized so that each section addresses 
specific products. For example, Sec. 1194.21 addresses software 
applications, Sec. 1194.22 addresses web-based intranet and internet 
information and applications, and so on. Each technical provision that 
applies to a product is located under that product heading. As a 
result, there is some redundancy in this section. However, the Board 
believes that this format will help clarify the application of the 
standards for each type of product. For example, the provision 
prohibiting the use of color alone to indicate an action applies not 
only to web page design, but also to software design and certain 
operating systems. In the final rule, it is addressed in 
Sec. 1194.21(i) (Software applications and operating systems), 
Sec. 1194.22(c) (Web-based intranet and internet information and 
applications), as well as Sec. 1194.25(g) (Self contained, closed 
products).
    The provisions contained in Sec. 1194.21 (General Requirements), 
Sec. 1194.23 (Component Specific Requirements) and Sec. 1194.25 
(Requirements for Compatibility with Assistive Technology) of the 
proposed rule have been moved to the new subpart B (Technical 
Standards) in the final rule.
    Also, the provisions in the proposed rule under Sec. 1194.27 
(Functional Performance Criteria) have been redesignated as Subpart C 
(Functional Performance Criteria) in the final rule. Subpart C provides 
functional performance criteria for overall product evaluation and for 
technologies or components for which there is no specific provision in 
subpart B. The substance of each of the provisions in the final rule 
are discussed below.

Section 1194.21  Software Applications and Operating Systems

    Paragraphs (a) through (l) address provisions for software 
applications and operating systems. Electronic and information 
technology products operate by following programming instructions 
referred to as software. Software refers to a set of logical steps (or 
programming instructions) that control the actions or operations of 
most forms of electronic and information technology products. For 
instance, when a pager receives a radio signal, the software embedded 
inside the pager determines whether the signal is a ``page'' and how it 
should display the information it receives. The circuitry inside the 
pager, including the display unit, merely follows the instructions 
encoded in the software. Software can be divided into two broad 
categories: Software that is embedded in a chip mounted in a product 
and non-embedded software that is loaded onto a storage device such as 
a hard disk and can be erased, replaced, or updated. For instance, a 
word processing program that is installed onto a computer's hard drive 
and which may be easily erased, replaced, or updated is typically 
``non-embedded'' software. By contrast, the set of instructions 
installed on a chip inside a pager and which cannot be erased, 
replaced, or updated is typically embedded software. The proposed rule 
included provisions for non-embedded software. However, as pointed out 
by commenters, as technology changes, the distinction between embedded 
software and non-embedded software is increasingly becoming less clear. 
These provisions apply to all software products.
    Paragraph (a) requires that when software is designed to run on a 
system that has a keyboard, the software shall provide a way to control 
features which are identifiable by text, from the keyboard. For 
example, if a computer program included a ``print'' command or a 
``save'' command (both can be readily discerned textually), the program 
must provide a means of invoking these commands from the keyboard. For 
people who cannot accurately control a mouse, having access to the 
software's controls through keyboard alternatives is essential. For 
example, rather than pointing to a particular selection on the screen, 
a user may move through the choices in a dialogue box by pressing the 
tab key. (See Sec. 1194.23(a)(4) and Sec. 1194.23(b)(1) in the NPRM.)
    Comment. The NPRM required that products must provide logical 
navigation among interface elements through the use of keystrokes. 
Commenters questioned the meaning of ``logical'' and whether the 
provisions, as proposed, were requiring that each system have a 
keyboard. Commenters were concerned that requiring that all features of 
every software program be accessible from a keyboard was not feasible 
because some programs that

[[Page 80508]]

allow an individual to draw lines and create designs using a mouse 
could not be replicated with keystrokes.
    Response. This provision applies to products which are intended to 
be run on a system with a keyboard. It does not require that a keyboard 
be added. The term ``logical navigation'' has been deleted. Only those 
actions which can be discerned textually are required to be executable 
from a keyboard. For example, most of the menu functions in common 
drawing programs that allow a user to open, save, size, rotate, and 
perform other actions on a graphic image can all be performed from the 
keyboard. However, providing keyboard alternatives for creating an 
image by selecting a paintbrush, picking a color, and actually drawing 
a design would be extremely difficult. Such detailed procedures require 
the fine level of control afforded by a pointing device (e.g., a mouse) 
and thus cannot be discerned textually without a lengthy description. 
Accordingly, in the final rule, keyboard alternatives are required when 
the function (e.g., rotate figure) or the result of performing a 
function (e.g., save file confirmation) can be represented with words.
    Paragraph (b) prohibits applications from disrupting or disabling 
activated features of other products that are identified as 
accessibility features, where those features are developed and 
documented according to industry standards. Applications also shall not 
disrupt or disable activated features of any operating system that are 
identified as accessibility features where the application programming 
interface for those accessibility features has been documented by the 
manufacturer of the operating system and is available to the product 
developer. The application programming interface refers to a standard 
way for programs to communicate with each other, including the 
operating system, and with input and output devices. For instance, the 
application programming interface affects how programs have to display 
information on a monitor or receive keyboard input via the operating 
system.
    Many commercially available software applications and operating 
systems have features built-into the program that are labeled as access 
features. These features can typically be turned on or off by a user. 
Examples of these features may include, reversing the color scheme (to 
assist people with low vision), showing a visual prompt when an error 
tone is sounded (to assist persons who are deaf or hard of hearing), or 
providing ``sticky keys'' that allow a user to press key combinations 
(such as control-C) sequentially rather than simultaneously (to assist 
persons with dexterity disabilities). This provision prohibits software 
programs from disabling these features when selected. (See 
Sec. 1194.23(b)(2) in the NPRM.)
    Comment. The proposed rule only specified that software not 
interfere with features that affect the usability for persons with 
disabilities. Commenters from industry noted that the provision in the 
NPRM did not provide any method of identifying what features are 
considered access features and further stated that this provision was 
not achievable. These commenters pointed out that it was impossible for 
a software producer to be aware of all of the features in all software 
packages that could be considered an access feature by persons with 
disabilities. Sun Microsystems recommended that this provision address 
access features that have been developed using standard programming 
techniques and that have been documented by the manufacturer.
    Response. This provision has been modified in the final rule to 
reference access features which have been developed and documented 
according to industry standards. No other changes have been made in the 
final rule.
    Paragraph (c) requires that software applications place on the 
screen a visual indication of where some action may occur if a mouse 
click or keystroke takes place. This point on a screen indicating where 
an action will take place is commonly referred to as the ``focus''. 
This provision also requires that the focus be readable by other 
software programs such as screen readers used by computer users who are 
blind. (See Sec. 1194.23(b)(3) in the NPRM.) No substantive comments 
were received and no changes have been made to this section in the 
final rule.
    Paragraph (d) requires that software programs, through the use of 
program code, make information about the program's controls readable by 
assistive technology. Simply stated, this paragraph requires that 
information that can be delivered to or received from the user must be 
made available to assistive technology, such as screen reading 
software. Examples of controls would include button checkboxes, menus, 
and toolbars. For assistive technology to operate efficiently, it must 
have access to the information about a program's controls to be able to 
inform the user of the existence, location, and status of all controls. 
If an image is used to represent a program function, the information 
conveyed by the image must also be available in text. (See 
Sec. 1194.23(b)(4) and Sec. 1194.23(b)(5) in the NPRM.) No substantive 
comments were received and no changes have been made to this section, 
other than editorial changes.
    Paragraph (e) requires that when bitmap images are used by a 
program to identify programmatic features, such as controls, the 
meaning of that image shall not change during the operation of a 
program. ``Bitmap images'' refer to a type of computer image commonly 
used in ``icons'' (e.g., a small picture of a printer to activate the 
print command). Most screen reading programs allow users to assign text 
names to bitmap images. If the bitmap image changes meaning during a 
program's execution, the assigned identifier is no longer valid and is 
confusing to the user. (See Sec. 1194.23(b)(6) in the NPRM.)
    Comment. As proposed, this provision did not identify which images 
had to remain consistent during the application. The AFB commented that 
the provision should be modified to indicate the type of image that 
needs to hold a consistent meaning during the running of an 
application. AFB noted that this provision should apply only to those 
bitmaps that represent a program function, and not to all images.
    Response. The final rule applies the provision to those images 
which are used to identify controls, status indicators, or other 
programmatic elements. No other changes have been made to this section 
in the final rule.
    Paragraph (f) provides that software programs use the functions 
provided by an operating system when displaying text. The operating 
system is the ``core'' computer software that controls basic functions, 
such as receiving information from the keyboard, displaying information 
on the computer screen, and storing data on the hard disk. Other 
software programs use the standard protocols dictated by the operating 
system for displaying their own information or processing the output of 
other computer programs. When programs are written using unique schemes 
for writing text on the screen or use graphics, other programs such as 
software for assistive technology may not be able to interpret the 
information. This provision does not prohibit or limit an application 
programmer from developing unique display techniques. It requires that 
when a unique method is used, the text be consistently written 
throughout the operating system. (See Sec. 1194.23(b)(7) in the NPRM.)
    Comment. The proposed rule did not specify that software programs 
must use the functions provided by an operating system when displaying 
text. The NPRM required that the text would be provided through an 
application programming interface that supported

[[Page 80509]]

interaction with assistive technology or that it would use system text 
writing tools. Commenters raised several concerns regarding this 
provision. Some commenters were concerned that without a recognized 
interface standard, there was no assurance that assistive technology 
would be able to access the text provided by an application. Software 
producers felt that the provision should not unduly restrict how 
programs create or display text. Baum Electronics and GW Micro pointed 
out that the only way to ensure that both assistive technology and 
applications are using a common interface, was to use the text 
displaying functions of the operating system.
    Response. The Board agrees that using operating system functions is 
one approach that would be available to all programmers. The final rule 
has been modified to require that textual information be provided 
through the operating system functions so that it will be compatible 
with assistive technology. This provision does not restrict programmers 
from developing unique methods of displaying text on a screen. It 
requires that when those methods are used, the software also sends the 
information through the operating systems functions for displaying 
text.
    Paragraph (g) prohibits applications from overriding user selected 
contrast and color selections and other individual display attributes. 
As described above, the operating system provides the basic functions 
for receiving, displaying, transmitting, or receiving information in a 
computer or similar product. Thus, the operating system would appear 
the logical choice for ``system-wide'' settings that would be respected 
by all computer programs on a computer. Many modern operating systems 
incorporate the ability to make settings system-wide as an 
accessibility feature. This permits, for instance, users to display all 
text in very large characters. Often, persons with disabilities prefer 
to select color, contrast, keyboard repeat rate, and keyboard 
sensitivity settings provided by an operating system. When an 
application disables these system-wide settings, accessibility is 
reduced. This provision allows the user to select personalized settings 
which cannot be disabled by software programs. (See Sec. 1194.23(b)(9) 
in the NPRM.) No substantive comments were received and no changes have 
been made to this section in the final rule.
    Paragraph (h) addresses animated text or objects. The use of 
animation on a screen can pose serious access problems for users of 
screen readers or other assistive technology applications. When 
important elements such as push-buttons or relevant text are animated, 
the user of assistive technology cannot access the application. This 
provision requires that in addition to the animation, an application 
provide the elements in a non-animated form. (See Sec. 1194.23(b)(11)in 
the NPRM.) No substantive comments were received and no changes have 
been made to this section in the final rule.
    Paragraph (i) prohibits the use of color as the single method for 
indicating important information. For instance, a computer program that 
requires a user to distinguish between otherwise identical red and blue 
squares for different functions (e.g., printing a document versus 
saving a file) would not comply with this provision. Relying on color 
as the only method for identifying screen elements or controls poses 
problems, not only for people with limited or no vision, but also for 
those people who are color blind. This provision does not prohibit the 
use of color to enhance identification of important features. It does, 
however, require that some other method of identification, such as text 
labels, be combined with the use of color. (See Sec. 1194.21(a) in the 
NPRM.) No substantive comments were received and no changes have been 
made to this section in the final rule.
    Paragraph (j) requires software applications to provide users with 
a variety of color settings that can be used to set a range of contrast 
levels. (See Sec. 1194.23(b)(8) in the NPRM.)
    Comment. The NPRM specified a minimum number of color settings. 
Some commenters were concerned that the proposed provision was too 
specific, while others felt it was too general because it failed to 
measure how different levels of contrast would be produced. Several 
commenters suggested requiring ``a wide variety'' of color settings as 
recommended by the EITAAC. One commenter noted that, as proposed, the 
provision forbids a monochrome display. Commenters also stated that 
some systems do not provide users with color selection capabilities.
    Response. The provision in the final rule is limited to those 
circumstances where the system allows a user to select colors. This 
provision requires more than just providing color choices. The 
available choices must also allow for different levels of contrast. 
Many people experience a high degree of sensitivity to bright displays. 
People with this condition cannot focus on a bright screen for long 
because they will soon be unable to distinguish individual letters. An 
overly bright background causes a visual ``white-out''. To alleviate 
this problem, the user must be able to select a softer background and 
appropriate foreground colors. The provision has been revised as a 
performance standard rather than a specific design standard by removing 
the requirement for 8 foreground and 8 background color selections.
    Paragraph (k) limits the flashing or blinking rate of screen items. 
(See Sec. 1194.21(c) in the NPRM.)
    Comment. The Trace Center expressed concern that research supported 
a limit of 3 Hz, not 2 Hz as described in the NPRM. Trace suggested 
that the flash or blink rate avoid any flickering between (but not 
including) 3 Hz and 55 Hz, which is the power frequency for Europe.
    Response. This provision is necessary because some individuals with 
photosensitive epilepsy can have a seizure triggered by displays which 
flicker or flash, particularly if the flash has a high intensity and is 
within certain frequency ranges. The 2 Hz limit was chosen to be 
consistent with proposed revisions to the ADA Accessibility Guidelines 
which, in turn, are being harmonized with the International Code 
Council (ICC)/ANSI A117 standard, ``Accessible and Usable Buildings and 
Facilities'', ICC/ANSI A117.1-1998 which references a 2 Hz limit. The 
Board agrees that an upper limit is needed, since all electrically 
powered equipment, even an incandescent light bulb, has a ``flicker'' 
due to the alternating current line voltage frequency (60 Hz in the 
U.S., 55 Hz in Europe). There does not appear to be any significant 
incidence of photosensitive seizures being induced by the line voltage 
frequency of ordinary lights. Therefore, the provision has been changed 
to prohibit flash or blink frequencies between 2 Hz and 55 Hz.
    Paragraph (l) requires that people with disabilities have access to 
electronic forms. This section is a result of the reorganization of the 
final rule and is identical to section 1194.22(n) discussed below. (See 
Sec. 1194.23(b)(10) in the NPRM.)

Section 1194.22  Web-based Intranet and Internet Information and 
Applications

    In the proposed rule, the Board indicated that the EITAAC had 
recommended that the Board's rule directly reference priority one and 
two checkpoints of the World Wide Web Consortiums' (W3C) Web 
Accessibility Initiative's (WAI) Web Content Accessibility Guidelines 
1.0 (WCAG 1.0). Rather than reference the WCAG 1.0, the proposed rule 
and this final rule

[[Page 80510]]

include provisions which are based generally on priority one 
checkpoints of the WCAG 1.0, as well as other agency documents on web 
accessibility and additional recommendations of the EITAAC.
    Comment. A number of comments were received from the WAI and others 
expressing concern that the Board was creating an alternative set of 
standards that would confuse developers as to which standards should be 
followed. WAI was further concerned that some of the provisions and 
preamble language in the NPRM were inaccurate. On the other hand, a 
number of commenters, including the ACB and several members of the 
EITAAC, supported the manner in which web access issues were addressed 
in the proposed rule.
    Response. The final rule does not reference the WCAG 1.0. However, 
the first nine provisions in Sec. 1194.22, paragraphs (a) through (i), 
incorporate the exact language recommended by the WAI in its comments 
to the proposed rule or contain language that is not substantively 
different than the WCAG 1.0 and was supported in its comments.
    Paragraphs (j) and (k) are meant to be consistent with similar 
provisions in the WCAG 1.0, however, the final rule uses language which 
is more consistent with enforceable regulatory language. Paragraphs 
(l), (m), (n), (o), and (p) are different than any comparable provision 
in the WCAG 1.0 and generally require a higher level of access or 
prescribe a more specific requirement.
    The Board did not adopt or modify four of the WCAG 1.0 priority one 
checkpoints. These include WCAG 1.0 Checkpoint 4.1 which provides that 
web pages shall ``[c]learly identify changes in the natural language of 
a document's text and any text equivalents (e.g., captions).''; WCAG 
1.0 Checkpoint 14.1 which provides that web pages shall ``[u]se the 
clearest and simplest language appropriate for a site's content.''; 
WCAG 1.0 Checkpoint 1.3 which provides that ``[u]ntil user agents can 
automatically read aloud the text equivalent of a visual track, provide 
an auditory description of the important information of the visual 
track of a multimedia presentation.''; and WCAG 1.0 Checkpoint 6.2 
which provides that web pages shall ``[e]nsure that equivalents for 
dynamic content are updated when the dynamic content changes.''
    Section 1194.23(c)(3) of the proposed rule required that web pages 
alert a user when there is a change in the natural language of a page. 
The ``natural language'' referred to the spoken language (e.g., English 
or French) of the web page content. The WAI pointed out that the 
preamble to the NPRM misinterpreted this provision. The preamble 
suggested that a statement such as ``the following paragraph is in 
French'' would meet the provision. WAI responded by noting that this 
was not the intent of the provision. The WCAG 1.0 recommend that web 
page authors embed a code or markup language in a document when the 
language changes so that speech synthesizers and Braille displays could 
adjust output accordingly.
    The Trace Center advised that only two assistive technology 
programs could interpret such coding or markup language, Homepage 
Reader from IBM and PwWebspeak from Isound. These programs contain the 
browser, screen reading functions, and the speech synthesizer in a 
single highly integrated program. However, the majority of persons who 
are blind use a mainstream browser such as Internet Explorer or 
Netscape Navigator in conjunction with a screen reader. There are also 
several speech synthesizers in use today, but the majority of those 
used in the United States do not have the capability of switching to 
the processing of foreign language phonemes. As a result, the proposed 
provision that web pages alert a user when there is a change in the 
natural language of a page has been deleted in the final rule.
    The Board also did not adopt WCAG 1.0 Checkpoint 14.1 which 
provides that web pages shall ``[u]se the clearest and simplest 
language appropriate for a site's content.'' While a worthwhile 
guideline, this provision was not included because it is difficult to 
enforce since a requirement to use the simplest language can be very 
subjective.
    The Board did not adopt WCAG 1.0 Checkpoint 1.3 which provides that 
``[u]ntil user agents can automatically read aloud the text equivalent 
of a visual track, provide an auditory description of the important 
information of the visual track of a multimedia presentation.'' 
Although the NPRM did not propose addressing this issue in the web 
section, there was a similar provision in the multi-media section of 
the NPRM.
    The Board did not adopt WCAG 1.0 Checkpoint 6.2 which provide that 
web pages shall ``[e]nsure that equivalents for dynamic content are 
updated when the dynamic content changes.'' The NPRM had a provision 
that stated ``web pages shall update equivalents for dynamic content 
whenever the dynamic content changes.'' The WAI stated in its comments 
that there was no difference in meaning between the NPRM and WCAG 1.0 
Checkpoint 6.2. The NPRM provision has been deleted in the final rule 
as the meaning of the provision is unclear.
    A web site required to be accessible by section 508, would be in 
complete compliance if it met paragraphs (a) through (p) of these 
standards. It could also comply if it fully met the WCAG 1.0, priority 
one checkpoints and paragraphs (l), (m), (n), (o), and (p) of these 
standards. A Federal web site that was in compliance with these 
standards and that wished to meet all of the WCAG 1.0, priority one 
checkpoints would also have to address the WAI provision regarding 
using the clearest and simplest language appropriate for a site's 
content (WCAG 1.0 Checkpoint 14.1), the provision regarding alerting a 
user when there is a change in the natural language of the page (WCAG 
1.0 Checkpoint 4.1), the provision regarding audio descriptions (WCAG 
1.0 Checkpoint 1.3), and the provision that web pages shall ``ensure 
that equivalents for dynamic content are updated when the dynamic 
content changes (WCAG 1.0 Checkpoint 6.2).
    The Board has as one of its goals to take a leadership role in the 
development of codes and standards for accessibility. We do this by 
working with model code organizations and voluntary consensus standards 
groups that develop and periodically revise codes and standards 
affecting accessibility. The Board acknowledges that the WAI has been 
at the forefront in developing international standards for web 
accessibility and looks forward to working with them in the future on 
this vitally important area. However, the WCAG 1.0 were not developed 
within the regulatory enforcement framework. At the time of publication 
of this rule, the WAI was developing the Web Content Accessibility 
Guidelines 2.0. The Board plans to work closely with the WAI in the 
future on aspects regarding verifiability and achievability of the Web 
Content Accessibility Guidelines 2.0.
    Paragraph (a) requires that a text equivalent for every non-text 
element shall be provided. As the Internet has developed, the use of 
photographs, images, and other multimedia has increased greatly. Most 
web pages are created using HTML, or ``HyperText Markup Language.'' A 
``page'' in HTML is actually a computer file that includes the actual 
text of the web page and a series of ``tags'' that control layout, 
display images (which are actually separate computer files), and 
essentially provide all content other than text. The tags are merely 
signals to the browser that tell it how to display information and many 
tags allow web designers to

[[Page 80511]]

include a textual description of the non-textual content arranged by 
the tag. The provision is necessary because assistive technology cannot 
describe pictures, but can convey the text information to the user. 
Currently, most web page authoring programs already provide a method 
for web designers to associate words with an image and associating text 
with non-textual content is easy for anyone familiar with HTML. This 
provision requires that when an image indicates a navigational action 
such as ``move to the next screen'' or ``go back to the top of the 
page,'' the image must be accompanied by actual text that states the 
purpose of the image, in other words, what the image is telling you to 
do. This provision also requires that when an image is used to 
represent page content, the image must have a text description 
accompanying it that explains the meaning of the image. Associating 
text with these images makes it possible, for someone who cannot see 
the screen to understand the content and navigate a web page. (See 
Sec. 1194.23(c)(1) in the NPRM.)
    Comment. In the NPRM, Sec. 1194.23(c)(1) required text to be 
associated with all non-textual elements, and prescribed the use of 
specific techniques, such as ``alt'' and ``longdesc,'' to accomplish 
that requirement. WAI commented that, while the use of specific 
techniques was provided in WCAG 1.0 as examples of methods to use, the 
proposed rule was limiting the manner in which text could be associated 
with non-textual elements to two techniques. The result was that other 
approaches to providing text tags in web languages other than HTML were 
prohibited.
    Other commenters pointed out that many images on a web page do not 
need text tags. They noted that some images are used to create 
formatting features such as spacers or borders and that requiring text 
identification of these images adds nothing to the comprehension of a 
page. These images were, in their view, textually irrelevant. One 
commenter suggested that this provision should address ``every non-text 
element'' because such features as buttons, checkboxes, or audio output 
were covered by other provisions in the proposed rule.
    Response. This provision incorporates the exact language 
recommended by the WAI in their comments to the proposed rule. Non-text 
element does not mean all visible elements. The types of non-text 
elements requiring identification is limited to those images that 
provide information required for comprehension of content or to 
facilitate navigation. Web page authors often utilize transparent 
graphics for spacing. Adding text to identify these elements would 
produce unnecessary clutter for users of screen readers.
    The Board also interprets this provision to require that when audio 
presentations are available on a web page, because audio is a non-
textual element, text in the form of captioning must accompany the 
audio, to allow people who are deaf or hard of hearing to comprehend 
the content. (See Sec. 1194.23(c)(1) in the NPRM.)
    Paragraph (b) provides that equivalent alternatives for any 
multimedia presentation shall be synchronized with the presentation. 
This would require, for example, that if an audio portion of a multi-
media production was captioned as required in paragraph (a), the 
captioning must be synchronized with the audio. (See 
Sec. 1194.23(c)(12) and (e)(3) in the NPRM.)
    Comment. Comments from organizations representing persons who are 
deaf or hard of hearing strongly supported this provision. One 
commenter from the technology industry raised a concern that this 
provision would require all live speeches broadcast on the Internet by 
a Federal agency to be captioned. The commenter noted that an 
alternative might be to provide a transcript of the speech which could 
be saved, reviewed, and searched.
    Response. This provision uses language that is not substantively 
different than the WCAG 1.0 and was supported in the WAI comments to 
the proposed rule. There are new techniques for providing realtime 
captioning which are supported by new versions of programs like 
RealAudio. Providing captioning does not preclude posting a transcript 
of the speech for people to search or download. However, commenters 
preferred the realtime captioning over the delay in providing a 
transcript. No substantive changes have been made to this provision in 
the final rule.
    Paragraph (c) prohibits the use of color as the single method for 
indicating important information on a web page. When colors are used as 
the sole method for identifying screen elements or controls, persons 
who are color blind as well as those people who are blind or have low 
vision may find the web page unusable. This provision does not prohibit 
the use of color to enhance identification of important features. It 
does, however, require that some other method of identification, such 
as text labels, must be combined with the use of color. (See 
Sec. 1194.23(c)(2) in the NPRM.)
    Comment. The WAI expressed concern that as proposed, the provision 
did not capture the intent of the provision as addressed in the WCAG 
1.0. The intent of such a requirement, according to WAI, was to have 
web page designers use methods other than color to indicate emphasis 
such as bold text.
    Response. This provision incorporates the exact language 
recommended by the WAI in their comments to the proposed rule. This 
provision addresses not only the problem of using color to indicate 
emphasized text, but also the use of color to indicate an action. For 
example, a web page that directs a user to ``press the green button to 
start'' should also identify the green button in some other fashion 
than simply by color.
    Paragraph (d) provides that documents must be organized so they are 
readable without requiring browser support for style sheets. Style 
sheets are a relatively new technology that lets web site designers 
make consistent appearing web pages that can be easily updated. For 
instance, without style sheets, making headings appear in large font 
while not affecting the surrounding text requires separate tags hidden 
in the document to control font-size and boldface. Each heading would 
require a separate set of tags. Using style sheets, however, the web 
site designer can specify in a single tag that all headings in the 
document should be in large font and boldface. Because style sheets can 
be used to easily affect the entire appearance of a page, they are 
often used to enhance accessibility and this provision does not 
prohibit the use of style sheets. This provision requires that web 
pages using style sheets be able to be read accurately by browsers that 
do not support style sheets and by browsers that have disabled the 
support for style sheets. (See Sec. 1194.23(c)(4) in the NPRM.) This 
requirement is based on the fact that style sheets are a relatively new 
technology and many users with disabilities may either not have 
computer software that can properly render style sheets or because they 
may have set their own style sheet for all web pages that they view.
    Comment. The WAI commented that while the provision was consistent 
with WCAG 1.0, the preamble inaccurately noted that this provision 
would prohibit the use of style sheets that interfere with user defined 
style sheets. The WAI noted that a browser running on a user's system 
determines whether or not style sheets associated with pages will be 
downloaded.
    Response. The WAI correctly noted that this provision does not 
prohibit the use of style sheets that interfere with user-defined style 
sheets because the

[[Page 80512]]

use of style sheets is controlled by a user's browser. This provision 
uses language that is not substantively different than WCAG 1.0 and was 
supported in the WAI comments to the proposed rule. No substantive 
changes have been made to this provision in the final rule.
    Paragraph (e) requires web page designers to include redundant text 
links for each active region of a server-side image map on their web 
pages. An ``image map'' is a picture (often a map) on a web page that 
provides different ``links'' to other web pages, depending on where a 
user clicks on the image. There are two basic types of image maps: 
``client-side image maps'' and ``server-side image maps.'' With client-
side image maps, each ``active region'' in a picture can be assigned 
its own ``link'' (called a URL or ``uniform resource locator'') that 
specifies what web page to retrieve when a portion of the picture is 
selected. HTML allows each active region to have its own alternative 
text, just like a picture can have alternative text. See 
Sec. 1194.22(a). By contrast, clicking on a location of a server-side 
image map only specifies the coordinates within the image when the 
mouse was depressed--which link or URL is ultimately selected must be 
deciphered by the computer serving the web page. When a web page uses a 
server-side image map to present the user with a selection of options, 
browsers cannot indicate to the user the URL that will be followed when 
a region of the map is activated. Therefore, the redundant text link is 
necessary to provide access to the page for anyone not able to see or 
accurately click on the map. (See Sec. 1194.23(c)(6) in the NPRM.) No 
substantive changes have been made to this provision in the final rule.
    Paragraph (f) provides that client-side image maps shall be 
provided instead of server-side image maps except where the regions 
cannot be defined with an available geometric shape. As discussed 
above, there are two general categories of image maps: client-side 
image maps and server-side image maps. When a web browser retrieves a 
specific set of instructions from a client-side image map, it also 
receives all the information about what action will happen when a 
region of the map is pressed. For this reason, client-side image maps, 
even though graphical in nature, can display the links related to the 
map, in a text format which can be read with the use of assistive 
technology. (See Sec. 1194.23(c)(7) in the NPRM.)
    Comment. The WAI suggested that the final rule include an exception 
for those regions of a map which cannot be defined with an available 
geometric shape.
    Response. This provision incorporates the exact language 
recommended by the WAI in their comments to the proposed rule.
    Paragraphs (g) and (h) permit the use of tables, but require that 
the tables be coded according to the rules for developing tables of the 
markup language used. When tables are coded inaccurately or table codes 
are used for non-tabular material, some assistive technology cannot 
accurately read the content. Many assistive technology applications can 
interpret the HTML codes for tables and will most likely be updated to 
read the table coding of new markup languages. (See Sec. 1194.23(c)(8-
9) in the NPRM.) The Board will be developing technical assistance 
materials on how tables can comply with this section. In addition to 
these specific provisions, the technical assistance materials will 
address all of the provisions in this part.
    Comment. Commenters were concerned by the preamble discussion in 
the NPRM which advised against the use of table tags for formatting of 
non-tabular material.
    Response. The Board understands that there are currently few 
alternatives to the use of tables when trying to place items in 
predefined positions on web pages. These provisions do not prohibit the 
use of table codes to format non-tabular content. They require that 
when a table is created, appropriate coding should be used. Paragraph 
(g) incorporates the exact language recommended by the WAI in their 
comments to the proposed rule. Paragraph (h) uses language that is not 
substantively different than WCAG 1.0 and was supported in the WAI 
comments to the proposed rule. No substantive changes have been made to 
this provision in the final rule.
    Paragraph (i) addresses the use of frames and requires that they be 
titled with text to identify the frame and assist in navigating the 
frames. ``Frames'' are a technique used by web designers to create 
different ``portions'' or ``frames'' of their screen that serve 
different functions. When a web site uses frames, often only a single 
frame will update with information while the other frames remain 
intact. Because using frames gives the user a consistent portion of the 
screen, they are often used for navigational toolbars for web sites. 
They are also often faster because only a portion of the screen is 
updated, instead of the entire screen. Frames can be an asset to users 
of screen readers and other assistive technology if the labels on the 
frames are explicit. Labels such as top, bottom, or left, provide few 
clues as to what is contained in the frame. However, labels such as 
``navigation bar'' or ``main content'' are more meaningful and 
facilitate frame identification and navigation. (See 
Sec. 1194.23(c)(10) in the NPRM.) This provision uses language that is 
not substantively different than WCAG 1.0. No substantive changes have 
been made to this provision in the final rule.
    Paragraph (j) sets limits on the blink or flicker rate of screen 
elements. This section is a result of the reorganization of the final 
rule and is similar to section 1194.21(k) discussed above. (See 
Sec. 1194.21(c) in the NPRM.) This provision is meant to be consistent 
with WCAG 1.0 Checkpoint 7.1 which provides that, ``[u]ntil user agents 
allow users to control flickering, avoid causing the screen to 
flicker.'' This provision uses language which is more consistent with 
enforceable regulatory language.
    Paragraph (k) requires that a text-only web page shall only be 
provided as a last resort method for bringing a web site into 
compliance with the other requirements in Sec. 1194.22. Text-only pages 
must contain equivalent information or functionality as the primary 
pages. Also, the text-only page shall be updated whenever the primary 
page changes. This provision is meant to be consistent with WCAG 1.0 
Checkpoint 11.4 which provides that ``[i]f, after best efforts, you 
cannot create an accessible page, provide a link to an alternative page 
that uses W3C technologies, is accessible, has equivalent information 
(or functionality), and is updated as often as the inaccessible 
(original) page.''
    Paragraph (l) requires that when web pages rely on special 
programming instructions called ``scripts'' to affect information 
displayed or to process user input, functional text shall be provided. 
It also requires that the text be readable by assistive technology such 
as screen reading software. Scripts are widely used by web sites as an 
efficient method to create faster or more secure web communications. A 
script is a programmatic set of instructions that is downloaded with a 
web page and permits the user's computer to share the processing of 
information with the web server. Without scripts, a user performs some 
action while viewing a web page, such as selecting a link or submitting 
a form, a message is sent back to the ``web server'', and a new web 
page is sent back to the user's computer. The more frequently an 
individual computer has to send and receive information from a web 
server, the greater chance there is for errors in the data, loss of 
speed, and possible violations of security. Also,

[[Page 80513]]

when many users are simultaneously viewing the same web page, the 
demands on the web server may be huge. Scripts allow more work to be 
performed on the individual's computer instead of on the web server. 
And, the individual computer does not have to contact the web server as 
often. Scripts can perform very complex tasks such as those necessary 
to complete, verify, and submit a form and verify credit information. 
The advantage for the user is that many actions take place almost 
instantly, because processing takes place on the user's computer and 
because communication with the web server is often not necessary. This 
improves the apparent speed of a web page and makes it appear more 
dynamic. Currently, JavaScript, a standardized object-oriented 
programming language, is the most popular scripting language, although 
certain plug-ins (see below) support slightly different scripting 
languages. This provision requires web page authors to ensure that all 
the information placed on a screen by a script shall be available in a 
text form to assistive technology. (See Sec. 1194.23(c)(11) in the 
NPRM.)
    Comment. The NPRM was more specific in its application, providing 
that pages must be usable when scripts, applets, or other programmatic 
objects are turned off or are not supported. The NPRM permitted the use 
of an alternative accessible page. Several commenters found the 
proposed provision too restrictive. They noted that, as proposed, it 
could severely discourage innovation both for web page developers and 
for designers of assistive technology. It was argued that if producers 
of assistive technology know that a web page would never require access 
to scripts, there would be no incentive to develop better access to 
these features. It was also pointed out that discussing scripts, 
applets, and plug-ins in the same provision was not appropriate, 
because plug-ins were actual programs that run on a user's machine and 
do not necessarily originate on the web page. Scripts, on the other 
hand, are downloaded to a user's system from the web page (or an 
associated file) and, unlike applets or plug-ins, operate completely 
inside the browser without any additional software. Therefore, as 
scripts directly affect the actual content of a web page, the web page 
designer has control over designing a script but does not have control 
over which plug-in a user may select to process web content.
    Response. The final rule has two separate provisions for scripts 
(l), and applets and plug-ins (m). Web page authors have a 
responsibility to provide script information in a fashion that can be 
read by assistive technology. When authors do not put functional text 
with a script, a screen reader will often read the content of the 
script itself in a meaningless jumble of numbers and letters. Although 
this jumble is text, it cannot be interpreted or used. For this reason, 
the provision requires that functional text, that is text that when 
read conveys an accurate message as to what is being displayed by the 
script, be provided. For instance, if a web page uses a script only to 
fill the contents of an HTML form with basic default values, the web 
page will likely comply with this requirement, as the text inserted 
into the form by the script may be readable by a screen reader. By 
contrast, if a web page uses a script to create a graphic map of menu 
choices when the user moves the pointer over an icon, the web site 
designer may be required to incorporate ``redundant text links'' that 
match the menu choices because functional text for each menu choice 
cannot be rendered to the assistive technology. Determining whether a 
web page meets this requirement may require careful testing by web site 
designers, particularly as both assistive technology and the JavaScript 
standard continue to evolve.
    Paragraph (m) is, in part, a new provision developed in response to 
comments received on Sec. 1194.23(c)(11) of the NPRM and discussed in 
the preceding paragraph. While most web browsers can easily read HTML 
and display it to the user, several private companies have developed 
proprietary file formats for transmitting and displaying special 
content, such as multimedia or very precisely defined documents. 
Because these file formats are proprietary, they cannot ordinarily be 
displayed by web browsers. To make it possible for these files to be 
viewed by web browsers, add-on programs or ``plug-ins'' can be 
downloaded and installed on the user's computer that will make it 
possible for their web browsers to display or play the content of the 
files. This provision requires that web pages which provide content 
such as Real Audio or PDF files, also provide a link to a plug-in that 
will meet the software provisions. It is very common for a web page to 
provide links to needed plug-ins. For example, web pages containing 
Real Audio almost always have a link to a source for the necessary 
player. This provision places a responsibility on the web page author 
to know that a compliant application exists, before requiring a plug-
in. (See Sec. 1194.21(c)(11) in the NPRM.)
    Paragraph (n) requires that people with disabilities have access to 
interactive electronic forms. Electronic forms are a popular method 
used by many agencies to gather information or permit a person to apply 
for services, benefits, or employment. The 1998 Government Paperwork 
Elimination Act requires that Federal agencies make electronic versions 
of their forms available on-line when practicable and allows 
individuals and businesses to use electronic signatures to file these 
forms electronically. (See Sec. 1194.23(b)(10) in the NPRM.) At 
present, the interaction between form controls and screen readers can 
be unpredictable, depending upon the design of the page containing 
these controls. Some developers place control labels and controls in 
different table cells; others place control labels in various locations 
in various distances from the controls themselves, making the response 
from a screen reader less than accurate many times.
    Comment. Adobe Systems expressed concern that completing some forms 
requires a script or plug-in and interpreted the proposed rule as 
prohibiting such items. They pointed out that there are other methods 
of completing a form that would not require scripts or plug-ins, but 
those methods require the constant transfer of information between the 
client and server computers. Adobe noted that that method can be 
extremely inefficient and can pose a security risk for the individual's 
personal data.
    Response. This provision does not forbid the use of scripts or 
plug-ins and many of the existing products support these features. If a 
browser does not support these features, however, paragraphs (l) and 
(m) require that some other method of working with the web page must be 
provided. As assistive technologies advance, it is anticipated that the 
occasions when the use of scripts and plug-ins are not supported will 
diminish significantly. No substantive changes have been made to this 
provision in the final rule.
    Paragraph (o) provides that a method be used to facilitate the easy 
tracking of page content that provides users of assistive technology 
the option to skip repetitive navigation links. (See 
Sec. 1194.23(c)(13) in the NPRM.) No substantive comments were received 
on this provision and no changes were made, other than editorial 
changes.
    Paragraph (p) addresses the accessibility problems that can occur 
if a web page times-out while a user is completing a form. Web pages 
can be designed with scripts so that the web page disappears or 
``expires'' if a

[[Page 80514]]

response is not received within a specified amount of time. Sometimes, 
this technique is used for security reasons or to reduce the demands on 
the computer serving the web pages. A disability can have a direct 
impact on the speed with which a person can read, move around, or fill 
in a web form. For this reason, when a timed response is required, the 
user shall be alerted and given sufficient time to indicate that 
additional time is necessary. (See Sec. 1194.21(d) in the NPRM.)
    Comment. The proposed rule prescribed specific settings for 
increasing the time-out limit based on a default setting. The Board 
sought comment on whether a system was commercially available that 
would allow a user to adjust the time-out. The Board also sought 
information on whether the proposed provision would compromise 
security. Commenters responded that security would be an issue if the 
time-out period was extended for too long and information with personal 
data was left exposed. Other commenters raised the point that 
specifying specific multiples of the default was unrealistic and 
arbitrary. The Multimedia Telecommunications Association (MMTA) stated 
that the default was not built-into a system. Rather, it was generally 
something that was set by an installer or a system administrator. They 
also noted that in order for a user to know that more time is needed, 
the user must be alerted that time is about to run out.
    Response. The provision has been revised as a performance standard 
rather than a specific design standard by removing the reference to a 
specified length of time for users to respond. The Board agrees that it 
would be difficult for a user to know how much more time is needed even 
if the time-out could be adjusted. The final rule requires only that a 
user be notified if a process is about to time-out and be given an 
opportunity to answer a prompt asking whether additional time is 
needed.

Section 1194.23  Telecommunications Products

    Paragraph (a) requires that telephone equipment shall provide a 
standard non-acoustic connection point for TTYs. A TTY is a device that 
includes a keyboard and display that is used to transmit and receive 
text over a telephone line using sound. Originally, TTY's used acoustic 
connections and the user placed the telephone handset on the TTY to 
transfer the sound signals between the TTY and the telephone. Handsets 
on many modern telephones do not fit well with many TTY acoustic 
couplers, allowing interference from outside noise. Individuals who use 
TTYs to communicate must have a non-acoustic way to connect TTYs to 
telephones in order to obtain clear TTY connections, such as through a 
direct RJ-11 connector, a 2.5 mm audio jack, or other direct 
connection. When a TTY is connected directly into the network, it must 
be possible for the acoustic pickup (microphone) to be turned off 
(automatically or manually) to avoid having background noise in a noisy 
environment mixed with the TTY signal. Since some TTY users make use of 
speech for outgoing communications, the microphone on/off capability 
must be automatic or easy to switch back and forth or a push-to-talk 
mode should be provided. In the Telecommunications Act Accessibility 
Guidelines (36 CFR Part 1193), the Board recognized that direct-connect 
TTYs are customer premises equipment (CPE) subject to section 255 of 
that Act. Since CPE is a subset of electronic and information 
technology, it is similarly covered by this rule. This provision was 
adopted from the Board's Telecommunications Act Accessibility 
Guidelines so that manufacturers of telecommunications and customer 
premises equipment covered by section 255 of the Telecommunications Act 
wishing to sell products to the Federal government would have a 
consistent set of requirements. (See Sec. 1194.23(d)(1) in the NPRM.)
    Comment. The MMTA commented that providing a direct connection to 
an analog telephone may be as simple as providing an RJ-11 jack, but 
that digital phones pose additional problems. It noted that most multi-
line business phones operating through a PBX are digital phones. 
However, it also stated that TTY connectivity can be accomplished by 
adding an analog line similar to what would be provided for a fax 
machine. The MMTA further suggested that TTY manufacturers should share 
the burden for compatibility. Another comment suggested that the Board 
require the provision of a shelf and outlet for a TTY.
    Response. In some cases, the addition of an RJ-11 connector will be 
the easiest solution. In other cases, the addition of a ``smart'' 
adapter may be necessary, similar to the dataports available on many 
hotel phones. Some adapters and converters have circuitry which 
determines the nature of the line and plug-in equipment and makes the 
adjustment automatically while others are manual. There is merit, 
however, in viewing this provision from the standpoint of the 
capabilities of a system as opposed to the capabilities of a single 
desktop unit. There may be cases in which the connection is best made 
at the PBX level by installing analog phone lines where necessary. The 
final provision has been modified to allow for either option.
    With respect to the suggestion that the standards require a shelf 
and outlet for a TTY, these standards apply to the electronic and 
information technology products themselves, not the furniture they 
occupy. Therefore, these standards do not address auxiliary features 
such as shelves and electrical outlets.
    Paragraph (b) requires that products providing voice communication 
functionality be able to support use of all commonly used cross-
manufacturer, non-proprietary, standard signals used by TTYs. Some 
products compress or alter the audio signal in such a manner that 
standard signals used by TTYs are not transmitted properly, preventing 
successful TTY communication. This provision is consistent with the 
Telecommunications Act Accessibility Guidelines. (See 
Sec. 1194.23(d)(2) in the NPRM.)
    Comment. Comments from industry suggested that the Board should 
clarify the standard referred to as U.S. standard Baudot communications 
protocol. They noted that there are several standards in use in Europe. 
Some European products support more than one of these standards, but 
not the common U.S. standard. The comments said that such products 
would arguably comply with the provision but would not meet the intent 
of section 508.
    Response. The proposed rule required that products must support all 
cross-manufacturer, non-proprietary protocols, not just one or two. Of 
course, that included the common U.S. Baudot protocol (ANSI/TIA/EIA 
825). ASCII is also used, especially on dual mode TTYs, but it is less 
common. Compliance with international standard ITU-T Recommendation 
V.18 would meet this provision, but products complying with the ITU 
standard may not be commercially available. It is important that 
products and systems support the protocol used by most TTYs currently 
in use to avoid a disenfranchisement of the majority of persons who are 
deaf or hard of hearing. However, the intent of this provision is to 
require support of more than just Baudot or just ASCII. At present, 
only these two are commonly used in the U.S., but others may come into 
use later. While the Board does not want to disenfranchise users of 
current devices, neither does it want to exclude those who buy newer 
equipment, as long as such devices use protocols which are not 
proprietary and are supported by

[[Page 80515]]

more than one manufacturer. Of course, like all the requirements of 
these standards, this provision is subject to commercial availability. 
Accordingly, the provision has been changed in the final rule by adding 
the phrase ``commonly used.''
    Paragraph (c) provides that TTY users be able to utilize voice 
mail, auto-attendant, and interactive voice response telecommunications 
systems. Voice mail systems are available which allow TTY users to 
retrieve and leave TTY messages. This provision does not require that 
phone systems have voice to text conversion capabilities. It requires 
that TTY users can retrieve and leave TTY messages and utilize 
interactive systems. (See Sec. 1194.23(d)(3) in the NPRM.)
    Comment. One commenter suggested that the Board encourage 
developers to build-in direct TTY decoding so that external TTYs are 
not required. For example, if an employee had voice mail with TTY 
functionality built-in, that employee would be able to read TTY 
messages through the computer system directly, without needing to 
attach an external TTY. The commenter noted that this would be 
beneficial to Federal agencies having telephone communication with 
members of the public who have speech or hearing disabilities. The 
agency could then have direct communication rather than being required 
to use an external TTY device or utilizing a relay service. Another 
said telecommunications systems should be required to have TTY decoding 
capability built-in, to the maximum extent possible. Another commenter 
pointed out that voice mail, voice response, and interactive systems 
depend on DTMF ``touch tones'' for operation and that many TTYs do not 
provide this function. Also, one commenter noted that automatic speech 
recognition (ASR) is not yet mature, but requested that a requirement 
for ASR be reviewed every two years to determine the feasibility of 
including such capabilities in products based on the rapid change of 
technology.
    Response. This provision requires that voice mail, auto-attendant, 
and interactive voice response systems be usable with TTYs. It is 
desirable that computers have built-in TTY capability and there are 
currently systems which can add such functionality to computers. This 
provision is a performance requirement and the Board does not feel it 
would be useful to be more specific at this time. The current problems 
with voice mail and voice response systems are not necessarily 
susceptible to a single solution and there are several ways to comply, 
including voice recognition in some cases, depending on the system. 
Many voice mail systems could record a TTY message, just like a voice 
message, but the outgoing message needs to include a TTY prompt letting 
TTY users to know when to start keying. A requirement for a quick 
response to menu choices is the most frequently reported barrier for 
relay users. The ability to ``opt out'' of a menu and connect with an 
operator or transfer to a TTY system are also ways to make these 
services available and usable without highly sophisticated decoding 
technology.
    Paragraph (d) addresses access problems that can arise when 
telecommunications systems require a response from a user within a 
certain time. Due to the nature of the equipment, users of TTYs may 
need additional time to read and respond to menus and messages. This 
provision is identical to section 1194.22(p) discussed above. (See 
Sec. 1194.21(d)(4) in the NPRM.)
    Comment. The proposed rule prescribed specific settings for 
increasing the time-out limit based on a default setting. Commenters 
raised the point that specifying specific multiples of the default was 
unrealistic and arbitrary. The MMTA stated that the default was not 
built-into a system. Rather it was generally something that was set by 
an installer or a system administrator. It also noted that in order for 
users to know that more time is needed, they must be alerted that time 
is about to run out.
    Response. The provision has been changed to a performance standard 
rather than a specific design standard by removing the reference to a 
specified length of time for users to respond. The Board agrees that it 
would be difficult for a user to know how much more time is needed even 
if the time-out could be adjusted. The final rule requires only that a 
user be notified if a process is about to time-out and be given an 
opportunity to answer a prompt asking whether additional time is 
needed.
    Paragraph (e) requires that functions such as caller identification 
must be accessible for users of TTYs, and for users who cannot see 
displays. (See Sec. 1194.23(d)(5) in the NPRM.)
    Comment. One commenter thought the reference to telecommunications 
relay services in the NPRM implied that caller identification 
information must somehow be transmitted directly to the end-user.
    Response. Since the end-users in a telecommunications relay service 
are not directly connected, passing along caller identification 
information is not commonly done, therefore, the reference to relay 
services has been deleted to avoid confusion.
    Paragraph (f) requires products to be equipped with volume control 
that provides an adjustable amplification up to a minimum of 20 dB of 
gain. If a volume adjustment is provided that allows a user to set the 
level anywhere from 0 to the upper requirement of 20 dB, there is no 
need to specify a lower limit. If a stepped volume control is provided, 
one of the intermediate levels must provide 12 dB of gain. The gain 
applies to the voice output. (See Sec. 1194.23(d)(6) in the NPRM.)
    Comment. Several commenters supported the provision for a 20 dB 
gain, but some supported a 25 dB requirement, pointing out that many 
persons who are hard of hearing need more than 20 dB amplification. 
Others urged the Board to adopt the current Federal Communications 
Commission's (FCC) requirement for a minimum of 12 dB and a maximum of 
18 dB. Some commenters said amplifying a poor quality signal would not 
be useful and that the amplification may itself introduce distortion.
    Response. The proposed level of amplification was different from 
that required under the FCC regulations implementing the Hearing Aid 
Compatibility Act (47 CFR 68.317 (a)). The FCC requires volume control 
that provides, through the receiver in the handset or headset of the 
telephone, 12 dB of gain minimum and up to 18 dB of gain maximum, when 
measured in terms of Receive Objective Loudness Rating.
    The Board's provision is consistent with the 1998 ANSI A117.1 
document, ``Accessible and Usable Buildings and Facilities.'' ANSI is 
the voluntary standard-setting body which issues accessibility 
standards used by the nation's model building codes. The Board has 
issued a separate NPRM to harmonize the existing ADAAG provision with 
the ANSI standard. The FCC originally selected its requirement to be 
consistent with the ADA Accessibility Guidelines now being proposed for 
amendment. This provision is consistent with the proposed ADA and 
Architectural Barriers Act Accessibility Guidelines and the 
Telecommunications Act Accessibility Guidelines. No changes were made 
to this provision in the final rule.
    Paragraph (g) requires that an automatic reset be installed on any 
telephone that allows the user to adjust the volume higher than the 
normal level. This is a safety feature to protect people from suffering 
damage to their

[[Page 80516]]

hearing if they accidentally answer a telephone with the amplification 
turned too high. (See Sec. 1194.23(d)(7) in the NPRM.)
    Comment. Most commenters supported the provision for an automatic 
reset. One commenter said the reset would be a problem for an 
individual user who would be required to constantly readjust his or her 
telephone to a usable level.
    Response. The provision is adopted from the ADA Accessibility 
Guidelines, where it applies to public phones used by many people. The 
FCC's Part 68 rules require an automatic reset when the phone is hung 
up if the volume exceeds 18 dB gain. To provide the ability to override 
the reset function would require a waiver from the FCC since the 
standards require a 20 dB gain. No changes have been made to this 
section in the final rule.
    Paragraph (h) requires telephones, or other products that provide 
auditory output by an audio transducer normally held up to the ear, to 
provide a means for effective wireless coupling to hearing aids. Many 
hearing aids incorporate ``T-coils'' that generate sounds based on 
magnetic signals received from earpieces that can generate the 
appropriate magnetic field. Generally, this provision means the 
earpiece generates sufficient magnetic field strength to induce an 
appropriate field in a hearing aid T-coil. The output in this case is 
the direct voice output of the transmission source, not the ``machine 
language'' such as tonal codes transmitted by TTYs. For example, a 
telephone must generate a magnetic output so that the hearing aid 
equipped with a T-coil can accurately receive the message. This 
provision is consistent with the Telecommunications Act Accessibility 
Guidelines. (See Sec. 1194.23(d)(8) in the NPRM.) No substantive 
comments were received and no changes have been made to this section in 
the final rule.
    Paragraph (i) requires that interference to hearing technologies be 
reduced to the lowest possible level that allows a user of hearing 
technologies to utilize a telecommunications product. Individuals who 
are hard of hearing use hearing aids and other assistive listening 
devices, but they cannot be used if products introduce noise into the 
listening aids because of electromagnetic interference. (See 
Sec. 1194.23(d)(9) in the NPRM.)
    Comment. The American National Standards Institutes (ANSI) is 
developing methods of measurement and defining the limits for hearing 
aid compatibility and accessibility to wireless telecommunications. At 
the time of the proposed rule, the ANSI C63.19 ANSI/IEEE Standard for 
Hearing Aid Compatibility with Wireless Devices was not completed. The 
NPRM noted that the Board may ultimately incorporate the standard when 
it is completed. Several commenters recommended referencing the work of 
the ANSI committee.
    Response. The ANSI committee has recently completed its work. No 
changes have been made to this provision in the final rule and the 
provision continues to be a performance standard rather than a specific 
design standard. However, compliance with the ANSI C63.19 ANSI/IEEE 
Standard for Hearing Aid Compatibility with Wireless Devices would meet 
this provision.
    Paragraph (j) provides that all products that act as a transport or 
conduit for information or communication shall pass all codes, 
translation protocols, formats, or any other information necessary to 
provide information or communication in a usable format. In particular, 
signal compression technologies shall not remove information needed for 
access or shall restore it upon decompression. Some transmissions 
include codes or tags embedded in ``unused'' portions of the signal to 
provide accessibility. For example, closed captioning information is 
usually included in portions of a video signal not seen by users 
without decoders. This section prohibits products from stripping out 
such information or requires the information to be restored at the end 
point. (See Sec. 1194.25(a) in the NPRM.) No substantive comments were 
received and no changes have been made to this section in the final 
rule.
    Paragraph (k) addresses controls that require some physical force 
to activate. It is the application of force to these controls that 
distinguishes them from touch sensitive controls where the mere 
presence of a hand or finger is detected and reacted to by the product. 
(See Sec. 1194.23(a) in the NPRM.)
    Comment. As proposed, this provision addressed mechanically 
operated controls, keyboard, and keypads. Commenters were concerned 
that the provisions were too general. Some commenters said that it was 
possible to interpret this section as applying to touchscreens, and 
that making touchscreen controls compliant with these provisions was 
not possible. Commenters also raised the question of whether the 
proposed standards would require every product to have a keyboard.
    Response. This provision has been amended to clarify its 
application to mechanically operated controls. The provision only 
applies to products which have mechanically operated controls or keys 
and therefore does not require every product to have a keyboard. This 
provision was not intended to apply to touchscreens as touchscreens do 
not have mechanically operated controls.
    Paragraph (k)(1) provides that mechanically operated controls and 
keys shall be tactilely discernible without activating the controls or 
keys. Tactilely discernible means that individual keys can be located 
and distinguished from adjacent keys by touch. To comply with this 
provision, controls that must be touched to activate, must be 
distinguishable from each other. This can be accomplished by using 
various shapes, spacing, or tactile markings. Because touch is 
necessary to discern tactile features, this provision provides that the 
control should not be activated by mere contact. For example, the 
standard desktop computer keyboard would meet this provision because 
the tactile mark on the ``j'' and ``f'' keys permits a user to locate 
all other keys tactilely. The geographic spacing of the function, 
``numpad'' and cursor keys make them easy to locate by touch. In 
addition, most keyboards require some pressure before they transmit a 
keystroke. Conversely, ``capacitance'' keyboards that react as soon as 
they are touched and have no raised marks or actual keys would not meet 
this provision. A ``membrane'' keypad with keys that must be pressed 
can be made tactilely discernible by separating keys with raised ridges 
so that individual keys can be distinguished by touch. (See 
Sec. 1194.23(a)(1) in the NPRM.) No substantive comments were received 
and no changes have been made to this section in the final rule.
    Paragraph (k)(2) provides that mechanically operated controls shall 
be accessible to persons with limited dexterity. Individuals with 
tremor, cerebral palsy, paralysis, arthritis, or artificial hands may 
have difficulty operating systems which require fine motor control, 
assume a steady hand, or require two hands or fingers to be used 
simultaneously for operation. Individuals with high spinal cord 
injuries, arthritis, and other conditions may have difficulty operating 
controls which require significant strength. The provision limits the 
force required to five pounds and is based on Sec. 4.27.4 of the ADA 
Accessibility Guidelines and is consistent with the Telecommunications 
Act Accessibility Guidelines. (See Sec. 1194.23(a)(3) in the NPRM.)

[[Page 80517]]

    Comment. The ITIC was concerned about requiring that all controls 
be easily activated. They pointed out that on many pieces of equipment 
the on/off switch is purposely set so that it is hard to activate. This 
is done to prevent accidental shut-down of equipment such as with a 
network server. They felt it was unreasonable to require changing that 
type of control.
    Response. The Board has addressed this issue by adding 
Sec. 1194.3(f) which exempts such controls from these standards. The 
on/off switch on a network server for example, would be operated only 
when maintenance of the equipment was required and would not be for 
normal operation. No changes have been made to this section in the 
final rule.
    Paragraph (k)(3) establishes provisions for key repeat rate where 
an adjustable keyboard repeat rate is supported. It requires that the 
keyboard delay before repeat shall be adjustable to at least two 
seconds per character. (See Sec. 1194.23(a)(5) in the NPRM.) No 
substantive comments were received and no changes have been made to 
this section in the final rule.
    Paragraph (k)(4) provides that the status of toggle controls such 
as the ``caps lock'' or ``scroll lock'' keys be determined by both 
visual means and by touch or sound. For example, adding audio patterns 
such as ascending and descending pitch tones that indicate when a 
control is turned on or off would alleviate the problem of a person who 
is blind inadvertently pressing the locking or toggle controls. Also, 
buttons which remain depressed when activated or switches with distinct 
positions would meet this provision. (See Sec. 1194.23(a)(2) in the 
NPRM.) No substantive comments were received and no changes have been 
made to this section in the final rule.

Section 1194.24  Video and Multimedia Products

    Paragraph (a) requires that television displays 13 inches and 
larger, and computer equipment that includes television receiver or 
display circuitry be equipped with the capacity to decode and display 
captioning for audio material. (See Sec. 1194.23(e)(1) in the NPRM.)
    Comment. Commenters supported this provision in general, but 
provided suggestions for clarification. They noted that the FCC defines 
``television receiver'' as a device that can receive and display 
signals from broadcast, satellite, cable transmission, or other similar 
transmission sources. The commenters recommended that the provision 
should also address television monitors that are used with video 
cassette recorders (VCRs), digital video disks (DVDs), or direct video 
input, but do not include tuners. These non-receiver displays are 
commonly used throughout the government and in educational institutions 
and therefore, should have the capability to decode closed captions. 
According to commenters, the provision should reference analog 
television's ``line-21, NTSC'' or ``EIA-608'' caption data decoding 
capabilities. Many DVD presentations already include line-21 captions 
and commenters expressed frustration with their inability to see these 
captions on their desktop or laptop computers. Commenters noted that 
subtitles are not a substitute for captions, as captions convey more 
than just dialog. One commenter stated that the provision should apply 
to screens 10 inches or larger; while another said that digital 
television (DTV) will allow usable captions on smaller screens and the 
Board should reference the digital captioning standard EIA-708.
    Response. This provision has been clarified to cover all television 
displays, not just those defined as a receiver under the FCC 
definition. The 13-inch display size was chosen because it is 
consistent with the Television Decoder Circuitry Act of 1990. The term 
``analog'' added to this provision clarifies the application of the 
provision.
    At the time of the issuance of the NPRM, the FCC was considering a 
rule on digital television, but had not completed its rulemaking. On 
July 21, 2000, the FCC issued an order on decoder circuitry standards 
for DTV. That standard will take effect on July 1, 2002. Devices 
covered under the FCC rules include DTV sets with integrated 
``widescreen'' displays measuring at least 7.8 inches vertically, DTV 
sets with conventional displays measuring at least 13 inches 
vertically, and stand-alone DTV tuners, whether or not they are 
marketed with display screens. The provision in the final rule has been 
changed to reflect the FCC regulation.
    Paragraph (b) requires that television tuners, including tuner 
cards for use in computers, have the ability to handle a secondary 
audio track used for audio description of visual material. The 
secondary audio channel is commonly used for audio description. An 
``audio description'' is a verbal description of the visual content of 
a presentation. Audio descriptions are important for persons who are 
blind or who have low vision because they provide a description of the 
visual content of a presentation synchronized with verbal information. 
(See Sec. 1194.23(e)(2) in the NPRM.) No substantive comments were 
received and no changes have been made to this section in the final 
rule.
    Paragraph (c) requires the captioning of audio material in certain 
multimedia presentations. (See Sec. 1194.23(e)(3) in the NPRM.)
    Comment. The NPRM limited the provision for captioning to 
productions that were procured or developed for repeated showings to 
audiences that may include people who are deaf or hard of hearing. 
Commenters were concerned that agencies would avoid this provision by 
saying that they did not anticipate having members of the audience who 
were deaf or hard of hearing. Commenters noted that in many instances 
providing an interpreter may not be a suitable alternative. They also 
pointed out that subtitles are not an effective substitute for 
captioning multimedia presentations because subtitles do not display 
the environmental sounds, descriptions of music, or additional text 
that conveys a richer content than mere translation of the spoken 
dialogue.
    Response. As proposed, the provision was intended to require 
captioning whenever the audience might include a person who was deaf or 
hard of hearing. The final rule has been modified to require that all 
training and informational video and multimedia presentations that 
contain speech or other audio information necessary for the 
comprehension of the content and which supports an agency's mission, 
shall be open or closed captioned regardless of the anticipated 
audience. This provision would not require that a videotape recorded by 
a field investigator to document a safety violation be captioned or 
audio described, for example. On the other hand, if such a videotape 
were subsequently used as part of a training or informational 
presentation, it would have to be captioned and audio described. A 
video of a retirement celebration would not be in support of an 
agency's mission and would thus not be required to be captioned. Also, 
this provision applies only to video and multimedia presentations which 
contain speech or other audio information necessary for the 
comprehension of the content. A video that is not narrated would not be 
required to be captioned since it does not contain speech. The NPRM 
asked a question about the availability of software products that could 
be used to provide captioning or description to multimedia computer 
presentations. Information supplied by commenters suggests such 
products are readily available.
    Paragraph (d) requires that certain multimedia presentations 
provide an

[[Page 80518]]

audio description of visual material. (See Sec. 1194.23(e)(4) in the 
NPRM.)
    Comment. The proposed rule limited the provision for audio 
description to productions that were procured or developed for repeated 
showings to audiences that may include people who are blind or who have 
low vision. Similar to (c) above, commenters were concerned that 
agencies may use the limitation to avoid providing the audio 
description.
    Response. This provision has been modified to require audio 
description regardless of the anticipated audience. The final rule has 
been modified to require that all training and informational video and 
multimedia productions which support the agency's mission, regardless 
of format, that contain visual information necessary for the 
comprehension of the content, shall be audio described. A video or 
multimedia presentation that does not support an agency's mission would 
not be required to be audio described. Also, this provision applies 
only to videos or multimedia presentations which contain visual 
information necessary for the comprehension of the content. A ``talking 
heads'' video does not generally contain visual information necessary 
for the comprehension of the content and would therefore not be 
required to be audio described.
    Paragraph (e) provides that the captioning and audio description 
required in (c) and (d) above must be user selectable unless permanent. 
(See Sec. 1194.23(e)(5) in the NPRM.)
    Comment. The National Center for Accessible Media (NCAM) at public 
television station WGBH indicated that unlike captioning, audio 
descriptions can only be hidden and then activated on request on 
broadcast or cablecast video. The videotape format VHS commonly used by 
consumers and many companies cannot encode audio description for later 
activation like closed captions. Videos in the VHS format must have 
their descriptions permanently recorded as part of the main audio 
program. As a result, the audio descriptions on VHS cannot be turned 
off. As a solution, NCAM suggested that it may be desirable to have a 
separate videotape available that was not described, along with a 
described version to allow a user to choose which version they wish to 
present. Unlike the VHS format, CD-ROMs, DVDs and other multimedia can 
support alternate audio channels for descriptions (or alternate 
languages). The means of choosing those alternate tracks varies by the 
medium, but usually involves selection from an on-screen menu. Those 
menus must be made audible or otherwise readily selectable so that 
people who are blind or visually impaired can independently select and 
gain access to those audio descriptions.
    Response. While the displaying of captioning is user selectable, 
there may be instances where the audio description would be considered 
permanent. The provision provides that when permanent, the user 
selectability provision does not apply. No changes have been made to 
this section in the final rule.

Section 1194.25  Self Contained, Closed Products

    Sections 1194.25 (a) through (j) apply to those products that 
generally have embedded software and are commonly designed in such a 
fashion that a user cannot easily attach or install assistive 
technology. This section is a result of the reorganization of the final 
rule. In some instances, a personal computer with a touch-screen will 
be enclosed in a display and used as an ``information kiosk''. Self 
contained, closed products include, but are not limited to, information 
kiosks and information transaction machines, copiers, printers, 
calculators, fax machines, and other similar types of products. A 
definition of self contained, closed products has also been added.
    Paragraph (a) provides that access features must be built-into a 
self contained, closed product rather than requiring users to attach an 
assistive device to the product. Personal headsets are not considered 
assistive technology and may be required to use the product. (See 
Sec. 1194.23(f)(1) in the NPRM.)
    Comment. Though discussed in the preamble, the text of the proposed 
rule did not address the issue of personal headsets. The preamble noted 
that personal headsets were not considered assistive technology. The 
ITIC urged the Board to make this clear in the text of the rule.
    Response. The Board has modified this provision by clarifying that 
personal headsets are not considered assistive technology. No other 
changes were made to this provision.
    Paragraph (b) addresses access problems that can arise when self 
contained, closed products require a response from a user within a 
certain time and is identical to Sec. 1194.22(p) and Sec. 1194.23(d) 
which are discussed in detail above. (See Sec. 1194.21(d) in the NPRM.) 
The final rule requires only that a user be notified if a process is 
about to time-out and be given an opportunity to answer a prompt asking 
whether additional time is needed.
    Paragraph (c) requires that when a product utilizes touchscreens or 
contact-sensitive controls, a method of operating the product be 
provided that complies with the provisions for controls in 
Sec. 1194.23(k)(1) through (4). (See Sec. 1194.21(f) in the NPRM.)
    Comment. The proposed rule required that touchscreens or touch-
operated controls be operable without requiring body contact or close 
human body proximity. Commenters found the proposed provision to be 
confusing. One commenter noted that the proposed rule required all 
touchscreens to be operable by a remote control. Several commenters 
expressed concern that accessibility to touchscreens for individuals 
who are blind or who have low vision was not adequately addressed.
    Response. Touchscreens and other controls that operate by sensing a 
person's touch pose access problems for a range of persons with 
disabilities. This provision does not prohibit the use of touchscreens 
and contact sensitive controls, but, as modified, the final rule 
requires a redundant set of controls that can be used by persons who 
have access problems with touchscreens.
    Paragraph (d) addresses the use of biometric controls. Biometric 
controls refer to controls that are activated only if particular 
biological features (e.g., fingerprint, retina pattern, etc.) of the 
user matches specific criteria. Using retinal scans or fingerprint 
identification may become a common practice as a method of allowing an 
individual to gain access to personal data from an information 
transaction type of machine. (See Sec. 1194.21(e) in the NPRM.)
    Comment. In the proposed rule, the Board sought comment on the best 
approach to accessibility issues raised by biometric forms of 
identification and controls. Commenters responded that asking a system 
to have multiple forms of biometric identification could be 
prohibitively expensive. Most commenters were in agreement that 
biometric controls provide the most security. However, they also agreed 
that when such a system needs to be accessed by a person with a 
disability and that disability prohibits the use of a specific 
biometric feature, a non-biometric alternative should be provided that 
does not compromise security.
    Response. The provision does not require a specific alternative. 
That selection is left up to the agency, which may choose a less 
expensive form of identification. No changes were made to this 
provision in the final rule.
    Paragraph (e) requires that when products use audio as a way to 
communicate information, the auditory

[[Page 80519]]

signal will be available through an industry standard connector at a 
standard signal level. Individuals using personal headphones, 
amplifiers, audio couplers, and other audio processing devices need a 
place to plug these devices into the product in a standard fashion. 
This gives the user the ability to listen privately to the information. 
The product must also provide a method to pause, restart, and interrupt 
the flow of information. (See Sec. 1194.23(f)(2) and Sec. 1194.25(d) in 
the NPRM.) No substantive comments were received on this provision and 
no changes were made, other than editorial changes.
    Paragraph (f) provides that when products deliver voice output, 
they shall provide incremental volume control with output amplification 
up to a level of at least 65 dB. Where the ambient noise level of the 
environment is above 45 dB, a volume gain of at least 20 dB above the 
ambient level shall be user selectable. According to the Occupational 
Safety and Health Administration, and the American Speech, Language, 
and Hearing Association, 65 dB is the volume level for normal speech. 
This provision requires that audio output from a kiosk type product 
shall have a minimum level of 65 dB. For people with reduced hearing, 
voice levels must be 20 dB above the surround sound level to be 
understandable. This means that as long as the noise level in the 
surrounding environment is below 45 dB, the 65 dB output level would be 
sufficient. If the product is in an environment with a high noise 
level, the user must be able to raise the volume to a setting of 20 dB 
higher than the ambient level. (See Sec. 1194.23(f)(3) in the NPRM.) A 
feature has been required to automatically reset the volume to the 
default level after every use. This is consistent with a similar 
provision addressing telecommunications products. No substantive 
comments were received and no other changes have been made to this 
section in the final rule.
    Paragraph (g) addresses the use of color prompting and is identical 
to section 1194.21(i) discussed above. (See Sec. 1194.21(a) in the 
NPRM.) No substantive comments were received and no changes have been 
made to this section in the final rule.
    Paragraph (h) addresses color selection and contrast settings and 
is identical to section 1194.21(j) discussed above. (See 
Sec. 1194.23(b)(8) in the NPRM.)
    Paragraph (i) addresses the use of flashing objects and is 
identical to section 1194.21(k) discussed above. (See Sec. 1194.21(c) 
in the NPRM.)
    Paragraphs (j)(1) through (4) provide provisions for the physical 
characteristics of large office equipment including reach ranges and 
the general physical accessibility of controls and features. Examples 
of these products, include but are not limited to, copiers, information 
kiosks and floor standing printers. These provisions are based on the 
Americans with Disabilities Act Accessibility Guidelines (ADAAG 4.2 
Space Allowance and Reach Ranges). Two figures are provided to help 
explain the application of these provisions. (See Sec. 1194.21(b)(1) 
through (4) in the NPRM.) No substantive comments were received on 
these provisions and no changes were made in the final rule.

Section 1194.26  Desktop and Portable Computers

    This section is a result of the reorganization of the final rule. 
Paragraphs (a) through (d) contain provisions that apply to desktop and 
portable computers. The provisions in Sec. 1194.21 for software address 
the accessibility of programs and operating systems that run on a 
computer. In contrast, the provisions in this section address physical 
characteristics of computer systems including the design of controls 
and the use of connectors. This section was previously addressed in 
Sec. 1194.21 (General requirements), Sec. 1194.23 (Component specific 
requirements) and Sec. 1194.25 (Requirements for compatibility with 
assistive technology) in the NPRM.
    Paragraph (a) addresses keyboards and other mechanically operated 
controls. These provisions are addressed further in sections 
1194.23(k)(1) through (4) above. (See Sec. 1194.23(a) in the NPRM.)
    Paragraph (b) provides that systems using touchscreen technology 
must also provide controls that comply with sections 1194.23(k)(1) 
through (4) discussed above. (See Sec. 1194.21(f) in the NPRM.) Similar 
to Sec. 1194.25(c), this provision was modified in the final rule to 
require redundant controls.
    Paragraph (c) requires that when biometric forms of identification 
are used, an alternative must also be available. This provision is 
identical to Sec. 1194.25 (d) discussed above.
    Paragraph (d) requires that products have standard ports and 
connectors. This means that the connection points on a system must 
comply with a standard specification that is available to other 
manufacturers. This provision assures that the designers of assistive 
technology will have access to information concerning the design of 
system connections and thus be able to produce products that can 
utilize those connections. (See Sec. 1194.25(b) in the NPRM.)
    Comment. In the proposed rule, this provision was addressed in 
Sec. 1194.25(b) under the requirements for compatibility with assistive 
technology. A commenter noted that this provision was more specific to 
computer products and not to all products.
    Response. As noted, this provision has been modified to apply to 
computer products.

Subpart C--Functional Performance Criteria

Section 1194.31  Functional Performance Criteria

    This section provides functional performance criteria for overall 
product evaluation and for technologies or components for which there 
is no specific requirement under other sections. These criteria are 
also intended to ensure that the individual accessible components work 
together to create an accessible product. This section requires that 
all product functions, including operation and information retrieval, 
be operable through at least one mode addressed in each of the 
following paragraphs.
    Comment. The ITIC requested clarification as to how a manufacturer 
would determine the type and number of assistive technology devices for 
which support must be provided by a product.
    Response. Manufacturers do not need to be aware of the universe of 
assistive technology products on the market. Each provision specifies 
the type of assistive technology that must be supported. For example, 
Sec. 1194.31(a) addresses those assistive technology devices which 
provide output to persons who cannot see the screen. Such devices may 
include screen readers, Braille displays and speech synthesizers. There 
are numerous resources available to manufacturers to assist them in 
identifying specific types of assistive technology which would be used 
to access their product.
    Paragraph (a) provides that at least one mode of operation and 
information retrieval that does not require user vision shall be 
provided, or support for assistive technology used by people who are 
blind or visually impaired shall be provided. It is not expected that 
every software program will be self-voicing or have its own built-in 
screen reader. Software that complies with Sec. 1194.21 would also 
satisfy this provision. (See Sec. 1194.27(a) in the NPRM.) No 
substantive comments were

[[Page 80520]]

received regarding this provision and no changes were made in the final 
rule.
    Paragraph (b) provides that at least one mode of operation and 
information retrieval that does not require visual acuity greater than 
20/70 (when corrected with glasses) must be provided in audio and 
enlarged print output that works together or independently. In the 
alternative, support for assistive technology used by people who are 
blind or who have low vision must be provided. Although visual acuity 
of 20/200 is considered ``legally blind,'' there are actually millions 
of Americans with vision below the 20/200 threshold who can still see 
enough to operate and get output from technology, often with just a 
little additional boost in contrast or font size. This paragraph 
requires either the provision of screen enlargement and voice output 
or, that the product support assistive technology. (See Sec. 1194.27(b) 
in the NPRM.) No substantive comments were received regarding this 
provision and no changes were made in the final rule.
    Paragraph (c) provides that at least one mode of operation and 
information retrieval that does not require user hearing must be 
provided, or support for assistive technology used by people who are 
deaf or hard of hearing shall be provided. This provision is met when a 
product provides visual redundancy for any audible cues or audio 
output. If this redundancy cannot be built-into a product then the 
product shall support the use of assistive technology. (See 
Sec. 1194.27(c) in the NPRM.) No substantive comments were received 
regarding this provision and no changes were made in the final rule.
    Paragraph (d) requires that audio information important for the use 
of a product, must be provided in an enhanced auditory fashion by 
allowing for an increase in volume and/or altering the tonal quality or 
increasing the signal-to-noise ratio. For example, increasing the 
output would assist persons with limited hearing to receive 
information. Audio information that is important for the use of a 
product includes, but is not limited to, error tones, confirmation 
beeps and tones, and verbal instructions. (See Sec. 1194.27(d) in the 
NPRM.) No substantive comments were received regarding this provision. 
The final provision has been amended editorially to provide that 
support for assistive hearing devices may be provided in place of 
built-in enhanced audio features.
    Paragraph (e) provides that at least one mode of operation and 
information retrieval which does not require user speech must be 
provided, or support for assistive technology shall be provided. Most 
products do not require speech input. However, if speech input is 
required to operate a product, this paragraph requires that at least 
one alternative input mode also be provided. For example, an 
interactive telephone menu that requires the user to say or press 
``one'' would meet this provision. (See Sec. 1194.27(e) in the NPRM.) 
No substantive comments were received regarding this provision and no 
changes were made in the final rule.
    Paragraph (f) provides that at least one mode of operation and 
information retrieval that does not require fine motor control or 
simultaneous actions and which is operable with limited reach and 
strength must be provided. (See Sec. 1194.27(f) in the NPRM.) No 
substantive comments were received regarding this provision and no 
changes were made in the final rule.

Subpart D--Information, Documentation, and Support

Section 1194.41  Information, Documentation, and Support

    In order for a product to be fully usable by persons with 
disabilities, the information about the product and product support 
services must also be usable by persons with disabilities. These issues 
are addressed in this section.
    Paragraph (a) states that when an agency provides end-user 
documentation to users of technology, the agency must ensure that the 
documentation is available upon request in alternate formats. Alternate 
formats are defined in Sec. 1194.4, Definitions. Except as provided in 
paragraph (b) below, this provision does not require alternate formats 
of documentation that is not provided by the agency to other users of 
technology. (See Sec. 1194.31(a) in the NPRM.) No substantive comments 
were received regarding this provision and no changes other than 
editorial changes were made in the final rule.
    Paragraph (b) requires that agencies supply end-users with 
information about accessibility or compatibility features that are 
built-into a product, upon request. (See Sec. 1194.31(b) in the NPRM.) 
No substantive comments were received regarding this provision and, 
other than an editorial revision substituting ``methods'' for 
``modes'', and general editorial changes, no other changes were made in 
the final rule.
    Paragraph (c) provides that help desks and other support services 
serving an agency must be capable of accommodating the communications 
needs of persons with disabilities. For example, an agency help desk 
may need to communicate through a TTY. The help desk or support service 
must also be familiar with such features as keyboard access and other 
options important to people with disabilities. (See Sec. 1194.31(a) in 
the NPRM.) No substantive comments were received regarding this 
provision and no changes other than editorial changes were made in the 
final rule.

Regulatory Process Matters

Executive Order 12866: Regulatory Planning and Review and Congressional 
Review Act

    This final rule is an economically significant regulatory action 
under Executive Order 12866 and has been reviewed by the Office of 
Management and Budget (OMB). The final rule is also a major rule under 
the Congressional Review Act. The Board has prepared a regulatory 
assessment for the final rule which has been placed in the docket and 
is available for public inspection. The regulatory assessment is also 
available on the Board's Internet site (http://www.access-board.gov/sec508/assessment.htm). In the NPRM, the Board sought comment on the 
regulatory assessment which was prepared in conjunction with the 
proposed rule. The Board received four comments that specifically 
addressed concerns with that economic assessment. A summary of the 
comments received and the Board's responses can be found in Chapter Six 
of the Board's final regulatory assessment.
    Section 508 covers the development, procurement, maintenance or use 
of electronic and information technology by Federal agencies. 
Exemptions are provided by statute for national security systems and 
for instances where compliance would impose an undue burden on an 
agency. The final rule improves the accessibility of electronic and 
information technology used by the Federal government and will affect 
Federal employees with disabilities, as well as members of the public 
with disabilities who seek to use Federal electronic and information 
technologies to access information. The final rule is based largely on 
the recommendations of the Electronic and Information Technology Access 
Advisory Committee.
    The standards in the final rule will be incorporated into the 
Federal Acquisition Regulation (FAR). Failure of a Federal agency to 
comply with the standards may result in a complaint under the agency's 
existing complaint procedures under section 504 of the

[[Page 80521]]

Rehabilitation Act or a civil action seeking to enforce compliance with 
the standards.
Estimated Baseline of Federal Spending for Electronic and Information 
Technology
    According to OMB figures, Federal government expenditures for 
information technology products was $37.6 billion in fiscal year 1999. 
The defense agencies appear to have the highest information technology 
budgets, while civilian agency budgets are expected to increase 
rapidly. It was not possible however, to disaggregate this data such 
that it was useful for purposes of a regulatory assessment. Instead, 
the regulatory assessment uses annual sales data collected from the 
General Services Administration (GSA) as a proxy for the actual number 
of products in each applicable technology category. Using the GSA data, 
the regulatory assessment estimates that the Federal government spends 
approximately $12.4 billion annually on electronic and information 
technology products covered by the final rule. This estimate likely 
understates the actual spending by the Federal government because it is 
limited to the GSA data. Agencies are not required to make purchases 
through the GSA supply service, thus many items are purchased directly 
from suppliers. As a result, the government costs for software and 
compatible hardware products may actually be higher than estimates 
would indicate.
    The regulatory assessment also examines historical budgetary 
obligations for information technology tracked by OMB until fiscal year 
1998. Two scenarios were examined to develop an upper and lower bound 
to represent the proportion expected to be potentially affected by the 
final rule. During a five year period from fiscal year 1994 through 
fiscal year 1998, the average proportion of the total information 
technology obligations potentially covered by the final rule ranged 
between 25 percent and 50 percent. The $12.4 billion GSA estimate falls 
within this range, representing 33 percent of the total fiscal year 
1999 information technology obligations of $37.6 billion. One 
limitation of these ranges is that they are based on gross 
classifications of information technology obligations and do not 
provide the level of disaggregation necessary to parallel the GSA data 
assessment. As a result, the two scenarios likely include expenditures 
on products and services that would not be effected by the final rule 
to a higher degree than the data obtained from GSA.
    The degree to which the potential understatement of baseline 
spending leads to an understatement of the cost of the final rule is 
unclear. Some of the components of the estimated cost of the final rule 
rely heavily on the level of Federal spending while others are 
independent of this number.
Estimated Cost of the Final Rule
    The regulatory assessment includes both direct and opportunity 
costs associated with the final rule. Major sources of cost include:
     Costs of modifying electronic and information technology 
to meet the substantive requirements of the standards;
     Training of staff, both Federal and manufacturers, to 
market, support, and use technologies modified in response to the 
standards; and
     Translation of documentation and instructions into 
alternate formats.
    The direct costs that were quantified are shown in Table 1. The 
total quantified costs to society range from $177 million to $1,068 
million annually. The Federal proportion of these costs is estimated to 
range between $85 million and $691 million. The ability of 
manufacturers, especially software manufacturers, to distribute these 
costs over the general consumer population will determine the actual 
proportion shared by the Federal government. Assuming that the addition 
of accessibility features add value to the products outside the Federal 
government, it is expected that the costs will be distributed across 
society thereby setting a lower bound cost to the Federal government of 
$85 million. If manufacturers do not distribute the costs across 
society, the upper bound of the Federal cost will increase to an 
estimated $1,068 million. These costs must be placed in appropriate 
context by comparing them with the total Federal expenditures for 
information technology. By comparison, the lower and upper bound of the 
incremental costs represent a range of 0.23 percent to 2.8 percent of 
the $37.6 billion spent by the Federal government on information 
technology in fiscal year 1999. Although the regulatory assessment does 
not analyze the timing of expenditures or reductions in costs over 
time, it is expected that the costs will decrease over time as a 
proportion of total electronic and information technology spending.

                                 Table 1
------------------------------------------------------------------------
                                                Lower bound  Upper bound
                                                    cost         cost
     Electronic and information technology       estimates    estimates
                                                 (millions)   (millions)
------------------------------------------------------------------------
General Office Software.......................         $110         $456
Mission Specific Software.....................           10           52
Compatible Hardware Products..................  ...........          337
Document Management Products..................           56          222
Microphotographic Products....................          0.1          0.4
Other Miscellaneous Products..................          0.2            1
------------------------------------------------------------------------
    Total Social Cost.........................          177        1,068
Estimated Federal Proportion..................           85     \1\ 691
------------------------------------------------------------------------
\1\ As noted above, if manufacturers do not distribute the costs across
  society, the upper bound of the Federal cost will increase to an
  estimated $1,068 million.

    Accessible alternatives are available to satisfy the requirements 
of the final rule for many types of electronic and information 
technologies, particularly computers and software products. Some 
electronic and information technology products will require 
modifications to meet the requirements of the final standards.
    For many types of electronic and information technology, the final 
rule focuses on compatibility with existing and future assistive 
devices, such as screen readers. The final rule does not

[[Page 80522]]

require that assistive technologies be provided universally. Provision 
of assistive technologies is still governed by the reasonable 
accommodation requirements contained in sections 501 and 504 of the 
Rehabilitation Act. Section 508 does not require that assistive devices 
be purchased, but it does require that covered electronic and 
information technology be capable of having such devices added at some 
later time as necessary.
    Software products represent the largest part of the estimated 
costs. The regulatory assessment assumes that Federal software 
expenditures can be divided into two major subcategories: general 
office applications and mission-specific applications. Internet 
applications are assumed to be represented within each of these 
subcategories. General office applications include operating systems, 
wordprocessors, and spreadsheets, and are assumed to represent 80 
percent of the total software category. The remaining 20 percent covers 
mission-specific or proprietary applications that have limited 
distribution outside the Federal government. Within each subcategory, 
the estimated costs of the final rule are distributed according to the 
level or degree of accessibility already being achieved in the private 
sector.
    The general office application subcategory is broken into three 
groups based on discussions with several industry experts. The first 30 
percent is expected to require very little modification to satisfy the 
final standards and therefore no incremental cost is associated with 
this group. The middle 40 percent is expected to require minor to 
medium alterations to satisfy the final rule. The cost of modifying a 
particular general office application in this category is estimated to 
be in the range of 0.4 percent to 1 percent based on discussions with 
several manufacturers. This assumption is based on the ratio of 
employees dedicated to accessibility issues. The methodology uses 
employee classification as a proxy for cost or expense of accessibility 
research and development, labor, and design that are all factored into 
the final product cost. The remaining 30 percent is expected to require 
significant modifications to meet the requirements of the final rule, 
which is estimated to cost in the range of 1 percent to 5 percent based 
on discussion with industry experts.
    The regulatory assessment assumes that the remaining 20 percent of 
the software products purchased by the Federal government represent 
proprietary or mission-specific software with limited distribution 
outside the government. These products will require significant 
modification to satisfy the final rule. Based on discussions with 
industry experts, the cost increase associated with achieving the level 
of accessibility required by the final rule is estimated to range from 
1 percent to 5 percent.
Estimated Benefits of the Final Rule
    The benefits associated with the final rule results from increased 
access to electronic and information technology for Federal employees 
with disabilities and members of the public seeking Federal information 
provided using electronic and information technology. This increased 
access reduces barriers to employment in the Federal government for 
persons with disabilities, reduces the probability that Federal 
employees with disabilities will be underemployed, and increases the 
productivity of Federal work teams. The final standards may also have 
benefits for people outside the Federal workforce, both with and 
without disabilities, as a result of spillover of technology from the 
Federal government to the rest of society.
    Two methods are presented in the regulatory assessment for 
evaluating the quantifiable benefits of the final rule. The first is a 
wage gap analysis that attempts to measure the difference in wages 
between the general Federal workforce and Federal workers with targeted 
and reportable disabilities. While this analysis is limited to white 
collar Federal workers due to data constraints, the potential change in 
productivity is measured by the difference between the weighted average 
salary for all white collar Federal employees and the average within 
the two disability classes. This assumes that an increase in 
accessibility will help diminish this wage gap by increasing worker 
productivity.
    The alternative is a team based approach for measuring the 
productivity of Federal workers. This approach is based on the 
assumption that a Federal workers wage rate reflects their productivity 
and the scarcity of their skills in the labor market. However this may 
not apply to Federal wage rates, thus the average productivity of a 
Federal team is assumed to be equivalent to the average Federal wage 
rate. Based on this average rate, it is assumed that the final rule 
will produce an increase in productivity ranging between 5 percent and 
10 percent.
    Since no data have been identified to support the increase in 
productivity in the team based approach, the wage gap analysis is used 
to represent the benefits generated by the final rule shown in Table 2. 
Keeping in mind certain data limitations with this analysis, the 
benefits derived from the wage gap method do not account for benefits 
that may be accrued by the general public or other Federal workers due 
to spillover effects of increased accessibility resulting from the 
final standards.

                                 Table 2
------------------------------------------------------------------------
                                                     Aggregate  benefits
               Productivity increase                  range  (millions)
------------------------------------------------------------------------
Lower Bound.......................................  ....................
Upper Bound.......................................                  $466
------------------------------------------------------------------------

    Not all government policies are based on maximizing economic 
efficiency. Some policies are based on furthering the rights of certain 
classes of individuals to achieve more equitable results, regardless of 
the effect on economic efficiency. Accessibility to electronic 
information and technology is an essential component of civil rights 
for persons with disabilities. The final rule will ensure that Federal 
employees with disabilities will have access to electronic and 
information technology used by the Federal government that is 
comparable to that of Federal employees without disabilities; and that 
members of the public with disabilities will have comparable access to 
information and services provided to members of the public without 
disabilities through the use of Federal electronic and information 
technology.
    Based on Bureau of Census statistics from 1994, 20.6 percent or 54 
million persons in the United States have some level of disability. By 
increasing the accessibility of electronic and information technology 
used by the Federal government, the final rule may also improve future 
employment opportunities in the Federal government for persons with 
disabilities currently employed by the Federal government, and for 
persons that are working in the private sector or are classified as not 
being active in the labor force. Increasing the accessibility of 
electronic and information technology increases the productivity and 
mobility of the disabled sector of the labor pool that, under existing 
conditions, may face barriers to their employment and advancement 
within the Federal workforce and in the private sector. The standards 
will allow other Federal workers who become temporarily disabled to 
maintain their productivity during their illness. In addition, 
accessible features of electronic and information technology may also 
enhance the productivity of Federal

[[Page 80523]]

workers without disabilities and therefore be a benefit to the 
workforce in general.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), as 
amended, generally requires Federal agencies to conduct a regulatory 
flexibility analysis describing the impact of the regulatory action on 
small entities. However, section 605(b) of the RFA, provides that a 
regulatory flexibility analysis is not required if the rule will not 
have a significant economic impact on a substantial number of small 
entities. This final rule imposes requirements only on the Federal 
Government and the Board certifies that it does not impose any 
requirements on small entities. As a result, a regulatory flexibility 
analysis is not required.

Executive Order 13132: Federalism

    By its terms, this rule applies to the development, procurement, 
maintenance or use by Federal agencies of electronic and information 
technology. As such, the Board believes that it does not have 
federalism implications within the meaning of Executive Order 13132. In 
the proposed rule, the Board referred to the Department of Education's 
interpretation of the Assistive Technology Act (the ``AT Act''), 29 
U.S.C. 3001. The Board received approximately five responses from 
various State organizations regarding the relationship between the AT 
Act and Section 508 of the Rehabilitation Act. The Department of 
Education, the agency responsible for administering the AT Act, has 
advised the Board that it plans to work with States to address the 
relationship between the AT Act and section 508, and specifically how 
the Board's standards would apply to the States for purposes of the AT 
Act. As part of this process, the Department of Education will address 
issues raised in the five responses the Board received on the 
relationship between the AT Act and section 508 of the Rehabilitation 
Act.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act does not apply to proposed or 
final rules that enforce constitutional rights of individuals or 
enforce any statutory rights that prohibit discrimination on the basis 
of race, color, sex, national origin, age, handicap, or disability. 
Since the final rule is issued under the authority of section 508, part 
of title V of the Rehabilitation Act of 1973 which establishes civil 
rights protections for individuals with disabilities, an assessment of 
the rule's effects on State, local, and tribal governments, and the 
private sector is not required by the Unfunded Mandates Reform Act.

List of Subjects in 36 CFR Part 1194

    Civil rights, Communications equipment, Computer technology, 
Electronic products, Government employees, Government procurement, 
Individuals with disabilities, Reporting and recordkeeping 
requirements, Telecommunications.

Thurman M. Davis, Sr.,
Chair, Architectural and Transportation Barriers Compliance Board.

    For the reasons set forth in the preamble, the Board adds part 1194 
to Chapter XI of title 36 of the Code of Federal Regulations to read as 
follows:

PART 1194--ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY 
STANDARDS

Subpart A--General
Sec.
1194.1  Purpose.
1194.2  Application.
1194.3  General exceptions.
1194.4  Definitions.
1194.5  Equivalent facilitation.
Subpart B--Technical Standards
1194.21  Software applications and operating systems.
1194.22  Web-based intranet and internet information and 
applications.
1194.23  Telecommunications products.
1194.24  Video and multimedia products.
1194.25  Self contained, closed products.
1194.26  Desktop and portable computers.
Subpart C--Functional Performance Criteria
1194.31  Functional performance criteria.
Subpart D--Information, Documentation, and Support
1194.41  Information, documentation, and support.

Figures to Part 1194

    Authority: 29 U.S.C. 794d.

Subpart A--General


Sec. 1194.1  Purpose.

    The purpose of this part is to implement section 508 of the 
Rehabilitation Act of 1973, as amended (29 U.S.C. 794d). Section 508 
requires that when Federal agencies develop, procure, maintain, or use 
electronic and information technology, Federal employees with 
disabilities have access to and use of information and data that is 
comparable to the access and use by Federal employees who are not 
individuals with disabilities, unless an undue burden would be imposed 
on the agency. Section 508 also requires that individuals with 
disabilities, who are members of the public seeking information or 
services from a Federal agency, have access to and use of information 
and data that is comparable to that provided to the public who are not 
individuals with disabilities, unless an undue burden would be imposed 
on the agency.


Sec. 1194.2  Application.

    (a) Products covered by this part shall comply with all applicable 
provisions of this part. When developing, procuring, maintaining, or 
using electronic and information technology, each agency shall ensure 
that the products comply with the applicable provisions of this part, 
unless an undue burden would be imposed on the agency.
    (1) When compliance with the provisions of this part imposes an 
undue burden, agencies shall provide individuals with disabilities with 
the information and data involved by an alternative means of access 
that allows the individual to use the information and data.
    (2) When procuring a product, if an agency determines that 
compliance with any provision of this part imposes an undue burden, the 
documentation by the agency supporting the procurement shall explain 
why, and to what extent, compliance with each such provision creates an 
undue burden.
    (b) When procuring a product, each agency shall procure products 
which comply with the provisions in this part when such products are 
available in the commercial marketplace or when such products are 
developed in response to a Government solicitation. Agencies cannot 
claim a product as a whole is not commercially available because no 
product in the marketplace meets all the standards. If products are 
commercially available that meet some but not all of the standards, the 
agency must procure the product that best meets the standards.
    (c) Except as provided by Sec. 1194.3(b), this part applies to 
electronic and information technology developed, procured, maintained, 
or used by agencies directly or used by a contractor under a contract 
with an agency which requires the use of such product, or requires the 
use, to a significant extent, of such product in the performance of a 
service or the furnishing of a product.


Sec. 1194.3  General exceptions.

    (a) This part does not apply to any electronic and information 
technology operated by agencies, the function, operation, or use of 
which involves intelligence activities, cryptologic activities related 
to national security,

[[Page 80524]]

command and control of military forces, equipment that is an integral 
part of a weapon or weapons system, or systems which are critical to 
the direct fulfillment of military or intelligence missions. Systems 
which are critical to the direct fulfillment of military or 
intelligence missions do not include a system that is to be used for 
routine administrative and business applications (including payroll, 
finance, logistics, and personnel management applications).
    (b) This part does not apply to electronic and information 
technology that is acquired by a contractor incidental to a contract.
    (c) Except as required to comply with the provisions in this part, 
this part does not require the installation of specific accessibility-
related software or the attachment of an assistive technology device at 
a workstation of a Federal employee who is not an individual with a 
disability.
    (d) When agencies provide access to the public to information or 
data through electronic and information technology, agencies are not 
required to make products owned by the agency available for access and 
use by individuals with disabilities at a location other than that 
where the electronic and information technology is provided to the 
public, or to purchase products for access and use by individuals with 
disabilities at a location other than that where the electronic and 
information technology is provided to the public.
    (e) This part shall not be construed to require a fundamental 
alteration in the nature of a product or its components.
    (f) Products located in spaces frequented only by service personnel 
for maintenance, repair, or occasional monitoring of equipment are not 
required to comply with this part.


Sec. 1194.4  Definitions.

    The following definitions apply to this part:
    Agency. Any Federal department or agency, including the United 
States Postal Service.
    Alternate formats. Alternate formats usable by people with 
disabilities may include, but are not limited to, Braille, ASCII text, 
large print, recorded audio, and electronic formats that comply with 
this part.
    Alternate methods. Different means of providing information, 
including product documentation, to people with disabilities. Alternate 
methods may include, but are not limited to, voice, fax, relay service, 
TTY, Internet posting, captioning, text-to-speech synthesis, and audio 
description.
    Assistive technology. Any item, piece of equipment, or system, 
whether acquired commercially, modified, or customized, that is 
commonly used to increase, maintain, or improve functional capabilities 
of individuals with disabilities.
    Electronic and information technology. Includes information 
technology and any equipment or interconnected system or subsystem of 
equipment, that is used in the creation, conversion, or duplication of 
data or information. The term electronic and information technology 
includes, but is not limited to, telecommunications products (such as 
telephones), information kiosks and transaction machines, World Wide 
Web sites, multimedia, and office equipment such as copiers and fax 
machines. The term does not include any equipment that contains 
embedded information technology that is used as an integral part of the 
product, but the principal function of which is not the acquisition, 
storage, manipulation, management, movement, control, display, 
switching, interchange, transmission, or reception of data or 
information. For example, HVAC (heating, ventilation, and air 
conditioning) equipment such as thermostats or temperature control 
devices, and medical equipment where information technology is integral 
to its operation, are not information technology.
    Information technology. Any equipment or interconnected system or 
subsystem of equipment, that is used in the automatic acquisition, 
storage, manipulation, management, movement, control, display, 
switching, interchange, transmission, or reception of data or 
information. The term information technology includes computers, 
ancillary equipment, software, firmware and similar procedures, 
services (including support services), and related resources.
    Operable controls. A component of a product that requires physical 
contact for normal operation. Operable controls include, but are not 
limited to, mechanically operated controls, input and output trays, 
card slots, keyboards, or keypads.
    Product. Electronic and information technology.
    Self Contained, Closed Products. Products that generally have 
embedded software and are commonly designed in such a fashion that a 
user cannot easily attach or install assistive technology. These 
products include, but are not limited to, information kiosks and 
information transaction machines, copiers, printers, calculators, fax 
machines, and other similar types of products.
    Telecommunications. The transmission, between or among points 
specified by the user, of information of the user's choosing, without 
change in the form or content of the information as sent and received.
    TTY. An abbreviation for teletypewriter. Machinery or equipment 
that employs interactive text based communications through the 
transmission of coded signals across the telephone network. TTYs may 
include, for example, devices known as TDDs (telecommunication display 
devices or telecommunication devices for deaf persons) or computers 
with special modems. TTYs are also called text telephones.
    Undue burden. Undue burden means significant difficulty or expense. 
In determining whether an action would result in an undue burden, an 
agency shall consider all agency resources available to the program or 
component for which the product is being developed, procured, 
maintained, or used.


Sec. 1194.5  Equivalent facilitation.

    Nothing in this part is intended to prevent the use of designs or 
technologies as alternatives to those prescribed in this part provided 
they result in substantially equivalent or greater access to and use of 
a product for people with disabilities.

Subpart B--Technical Standards


Sec. 1194.21  Software applications and operating systems.

    (a) When software is designed to run on a system that has a 
keyboard, product functions shall be executable from a keyboard where 
the function itself or the result of performing a function can be 
discerned textually.
    (b) Applications shall not disrupt or disable activated features of 
other products that are identified as accessibility features, where 
those features are developed and documented according to industry 
standards. Applications also shall not disrupt or disable activated 
features of any operating system that are identified as accessibility 
features where the application programming interface for those 
accessibility features has been documented by the manufacturer of the 
operating system and is available to the product developer.
    (c) A well-defined on-screen indication of the current focus shall 
be provided that moves among interactive interface elements as the 
input focus changes. The focus shall be

[[Page 80525]]

programmatically exposed so that assistive technology can track focus 
and focus changes.
    (d) Sufficient information about a user interface element including 
the identity, operation and state of the element shall be available to 
assistive technology. When an image represents a program element, the 
information conveyed by the image must also be available in text.
    (e) When bitmap images are used to identify controls, status 
indicators, or other programmatic elements, the meaning assigned to 
those images shall be consistent throughout an application's 
performance.
    (f) Textual information shall be provided through operating system 
functions for displaying text. The minimum information that shall be 
made available is text content, text input caret location, and text 
attributes.
    (g) Applications shall not override user selected contrast and 
color selections and other individual display attributes.
    (h) When animation is displayed, the information shall be 
displayable in at least one non-animated presentation mode at the 
option of the user.
    (i) Color coding shall not be used as the only means of conveying 
information, indicating an action, prompting a response, or 
distinguishing a visual element.
    (j) When a product permits a user to adjust color and contrast 
settings, a variety of color selections capable of producing a range of 
contrast levels shall be provided.
    (k) Software shall not use flashing or blinking text, objects, or 
other elements having a flash or blink frequency greater than 2 Hz and 
lower than 55 Hz.
    (l) When electronic forms are used, the form shall allow people 
using assistive technology to access the information, field elements, 
and functionality required for completion and submission of the form, 
including all directions and cues.


Sec. 1194.22  Web-based intranet and internet information and 
applications.

    (a) A text equivalent for every non-text element shall be provided 
(e.g., via ``alt'', ``longdesc'', or in element content).
    (b) Equivalent alternatives for any multimedia presentation shall 
be synchronized with the presentation.
    (c) Web pages shall be designed so that all information conveyed 
with color is also available without color, for example from context or 
markup.
    (d) Documents shall be organized so they are readable without 
requiring an associated style sheet.
    (e) Redundant text links shall be provided for each active region 
of a server-side image map.
    (f) Client-side image maps shall be provided instead of server-side 
image maps except where the regions cannot be defined with an available 
geometric shape.
    (g) Row and column headers shall be identified for data tables.
    (h) Markup shall be used to associate data cells and header cells 
for data tables that have two or more logical levels of row or column 
headers.
    (i) Frames shall be titled with text that facilitates frame 
identification and navigation.
    (j) Pages shall be designed to avoid causing the screen to flicker 
with a frequency greater than 2 Hz and lower than 55 Hz.
    (k) A text-only page, with equivalent information or functionality, 
shall be provided to make a web site comply with the provisions of this 
part, when compliance cannot be accomplished in any other way. The 
content of the text-only page shall be updated whenever the primary 
page changes.
    (l) When pages utilize scripting languages to display content, or 
to create interface elements, the information provided by the script 
shall be identified with functional text that can be read by assistive 
technology.
    (m) When a web page requires that an applet, plug-in or other 
application be present on the client system to interpret page content, 
the page must provide a link to a plug-in or applet that complies with 
Sec. 1194.21(a) through (l).
    (n) When electronic forms are designed to be completed on-line, the 
form shall allow people using assistive technology to access the 
information, field elements, and functionality required for completion 
and submission of the form, including all directions and cues.
    (o) A method shall be provided that permits users to skip 
repetitive navigation links.
    (p) When a timed response is required, the user shall be alerted 
and given sufficient time to indicate more time is required.

    Note to Sec. 1194.22: 1. The Board interprets paragraphs (a) 
through (k) of this section as consistent with the following 
priority 1 Checkpoints of the Web Content Accessibility Guidelines 
1.0 (WCAG 1.0) (May 5, 1999) published by the Web Accessibility 
Initiative of the World Wide Web Consortium:


------------------------------------------------------------------------
                                                               WCAG 1.0
                 Section 1194.22  paragraph                   checkpoint
------------------------------------------------------------------------
(a)........................................................          1.1
(b)........................................................          1.4
(c)........................................................          2.1
(d)........................................................          6.1
(e)........................................................          1.2
(f)........................................................          9.1
(g)........................................................          5.1
(h)........................................................          5.2
(i)........................................................         12.1
(j)........................................................          7.1
(k)........................................................         11.4
------------------------------------------------------------------------

    2. Paragraphs (l), (m), (n), (o), and (p) of this section are 
different from WCAG 1.0. Web pages that conform to WCAG 1.0, level A 
(i.e., all priority 1 checkpoints) must also meet paragraphs (l), (m), 
(n), (o), and (p) of this section to comply with this section. WCAG 1.0 
is available at http://www.w3.org/TR/1999/WAI-WEBCONTENT-19990505.


Sec. 1194.23  Telecommunications products.

    (a) Telecommunications products or systems which provide a function 
allowing voice communication and which do not themselves provide a TTY 
functionality shall provide a standard non-acoustic connection point 
for TTYs. Microphones shall be capable of being turned on and off to 
allow the user to intermix speech with TTY use.
    (b) Telecommunications products which include voice communication 
functionality shall support all commonly used cross-manufacturer non-
proprietary standard TTY signal protocols.
    (c) Voice mail, auto-attendant, and interactive voice response 
telecommunications systems shall be usable by TTY users with their 
TTYs.
    (d) Voice mail, messaging, auto-attendant, and interactive voice 
response telecommunications systems that require a response from a user 
within a time interval, shall give an alert when the time interval is 
about to run out, and shall provide sufficient time for the user to 
indicate more time is required.
    (e) Where provided, caller identification and similar 
telecommunications functions shall also be available for users of TTYs, 
and for users who cannot see displays.
    (f) For transmitted voice signals, telecommunications products 
shall provide a gain adjustable up to a minimum of 20 dB. For 
incremental volume control, at least one intermediate step of 12 dB of 
gain shall be provided.
    (g) If the telecommunications product allows a user to adjust the 
receive volume, a function shall be provided to automatically reset the 
volume to the default level after every use.

[[Page 80526]]

    (h) Where a telecommunications product delivers output by an audio 
transducer which is normally held up to the ear, a means for effective 
magnetic wireless coupling to hearing technologies shall be provided.
    (i) Interference to hearing technologies (including hearing aids, 
cochlear implants, and assistive listening devices) shall be reduced to 
the lowest possible level that allows a user of hearing technologies to 
utilize the telecommunications product.
    (j) Products that transmit or conduct information or communication, 
shall pass through cross-manufacturer, non-proprietary, industry-
standard codes, translation protocols, formats or other information 
necessary to provide the information or communication in a usable 
format. Technologies which use encoding, signal compression, format 
transformation, or similar techniques shall not remove information 
needed for access or shall restore it upon delivery.
    (k) Products which have mechanically operated controls or keys, 
shall comply with the following:
    (1) Controls and keys shall be tactilely discernible without 
activating the controls or keys.
    (2) Controls and keys shall be operable with one hand and shall not 
require tight grasping, pinching, or twisting of the wrist. The force 
required to activate controls and keys shall be 5 lbs. (22.2 N) 
maximum.
    (3) If key repeat is supported, the delay before repeat shall be 
adjustable to at least 2 seconds. Key repeat rate shall be adjustable 
to 2 seconds per character.
    (4) The status of all locking or toggle controls or keys shall be 
visually discernible, and discernible either through touch or sound.


Sec. 1194.24  Video and multimedia products.

    (a) All analog television displays 13 inches and larger, and 
computer equipment that includes analog television receiver or display 
circuitry, shall be equipped with caption decoder circuitry which 
appropriately receives, decodes, and displays closed captions from 
broadcast, cable, videotape, and DVD signals. As soon as practicable, 
but not later than July 1, 2002, widescreen digital television (DTV) 
displays measuring at least 7.8 inches vertically, DTV sets with 
conventional displays measuring at least 13 inches vertically, and 
stand-alone DTV tuners, whether or not they are marketed with display 
screens, and computer equipment that includes DTV receiver or display 
circuitry, shall be equipped with caption decoder circuitry which 
appropriately receives, decodes, and displays closed captions from 
broadcast, cable, videotape, and DVD signals.
    (b) Television tuners, including tuner cards for use in computers, 
shall be equipped with secondary audio program playback circuitry.
    (c) All training and informational video and multimedia productions 
which support the agency's mission, regardless of format, that contain 
speech or other audio information necessary for the comprehension of 
the content, shall be open or closed captioned.
    (d) All training and informational video and multimedia productions 
which support the agency's mission, regardless of format, that contain 
visual information necessary for the comprehension of the content, 
shall be audio described.
    (e) Display or presentation of alternate text presentation or audio 
descriptions shall be user-selectable unless permanent.


Sec. 1194.25  Self contained, closed products.

    (a) Self contained products shall be usable by people with 
disabilities without requiring an end-user to attach assistive 
technology to the product. Personal headsets for private listening are 
not assistive technology.
    (b) When a timed response is required, the user shall be alerted 
and given sufficient time to indicate more time is required.
    (c) Where a product utilizes touchscreens or contact-sensitive 
controls, an input method shall be provided that complies with 
Sec. 1194.23 (k) (1) through (4).
    (d) When biometric forms of user identification or control are 
used, an alternative form of identification or activation, which does 
not require the user to possess particular biological characteristics, 
shall also be provided.
    (e) When products provide auditory output, the audio signal shall 
be provided at a standard signal level through an industry standard 
connector that will allow for private listening. The product must 
provide the ability to interrupt, pause, and restart the audio at 
anytime.
    (f) When products deliver voice output in a public area, 
incremental volume control shall be provided with output amplification 
up to a level of at least 65 dB. Where the ambient noise level of the 
environment is above 45 dB, a volume gain of at least 20 dB above the 
ambient level shall be user selectable. A function shall be provided to 
automatically reset the volume to the default level after every use.
    (g) Color coding shall not be used as the only means of conveying 
information, indicating an action, prompting a response, or 
distinguishing a visual element.
    (h) When a product permits a user to adjust color and contrast 
settings, a range of color selections capable of producing a variety of 
contrast levels shall be provided.
    (i) Products shall be designed to avoid causing the screen to 
flicker with a frequency greater than 2 Hz and lower than 55 Hz.
    (j) Products which are freestanding, non-portable, and intended to 
be used in one location and which have operable controls shall comply 
with the following:
    (1) The position of any operable control shall be determined with 
respect to a vertical plane, which is 48 inches in length, centered on 
the operable control, and at the maximum protrusion of the product 
within the 48 inch length (see Figure 1 of this part).
    (2) Where any operable control is 10 inches or less behind the 
reference plane, the height shall be 54 inches maximum and 15 inches 
minimum above the floor.
    (3) Where any operable control is more than 10 inches and not more 
than 24 inches behind the reference plane, the height shall be 46 
inches maximum and 15 inches minimum above the floor.
    (4) Operable controls shall not be more than 24 inches behind the 
reference plane (see Figure 2 of this part).


Sec. 1194.26  Desktop and portable computers.

    (a) All mechanically operated controls and keys shall comply with 
Sec. 1194.23(k)(1) through (4).
    (b) If a product utilizes touchscreens or touch-operated controls, 
an input method shall be provided that complies with Sec. 1194.23 (k) 
(1) through (4).
    (c) When biometric forms of user identification or control are 
used, an alternative form of identification or activation, which does 
not require the user to possess particular biological characteristics, 
shall also be provided.
    (d) Where provided, at least one of each type of expansion slots, 
ports and connectors shall comply with publicly available industry 
standards.

Subpart C--Functional Performance Criteria


Sec. 1194.31  Functional performance criteria.

    (a) At least one mode of operation and information retrieval that 
does not require user vision shall be provided, or support for 
assistive technology used by people who are blind or visually impaired 
shall be provided.
    (b) At least one mode of operation and information retrieval that 
does not

[[Page 80527]]

require visual acuity greater than 20/70 shall be provided in audio and 
enlarged print output working together or independently, or support for 
assistive technology used by people who are visually impaired shall be 
provided.
    (c) At least one mode of operation and information retrieval that 
does not require user hearing shall be provided, or support for 
assistive technology used by people who are deaf or hard of hearing 
shall be provided.
    (d) Where audio information is important for the use of a product, 
at least one mode of operation and information retrieval shall be 
provided in an enhanced auditory fashion, or support for assistive 
hearing devices shall be provided.
    (e) At least one mode of operation and information retrieval that 
does not require user speech shall be provided, or support for 
assistive technology used by people with disabilities shall be 
provided.
    (f) At least one mode of operation and information retrieval that 
does not require fine motor control or simultaneous actions and that is 
operable with limited reach and strength shall be provided.

Subpart D--Information, Documentation, and Support


Sec. 1194.41  Information, documentation, and support.

    (a) Product support documentation provided to end-users shall be 
made available in alternate formats upon request, at no additional 
charge.
    (b) End-users shall have access to a description of the 
accessibility and compatibility features of products in alternate 
formats or alternate methods upon request, at no additional charge.
    (c) Support services for products shall accommodate the 
communication needs of end-users with disabilities.

Figures to Part 1194

BILLING CODE 8150-01-P

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[GRAPHIC] [TIFF OMITTED] TR21DE00.000

[FR Doc. 00-32017 Filed 12-20-00; 8:45 am]
BILLING CODE 8150-01-P