[Federal Register Volume 66, Number 197 (Thursday, October 11, 2001)]
[Rules and Regulations]
[Pages 51862-51864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25550]


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FEDERAL TRADE COMMISSION

16 CFR Part 6


Ensuring Access to Electronic and Information Technology for 
Individuals With Disabilities

AGENCY: Federal Trade Commission (FTC).

ACTION: Final rule amendments.

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SUMMARY: The FTC is amending its administrative procedures for 
resolving complaints filed by individuals with disabilities pursuant to 
the Rehabilitation Act of 1973 with regard to alleged discrimination in 
Commission programs and activities. These amendments extend the 
procedures to complaints regarding agency compliance with disability 
access standards for electronic and information technology, as required 
by section 508 of the Rehabilitation Act.

EFFECTIVE DATE: October 11, 2001.

ADDRESSES: Comments may be addressed to the Secretary, FTC, 600 
Pennsylvania Avenue, NW, Washington, DC 20580, or by TDD (202) 326-
2502, or by electronic mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Alex Tang, Attorney, Office of the 
General Counsel, FTC, 202/326-2447, [email protected]. To listen to an 
audio version of this document, call (202) 326-2230.

SUPPLEMENTARY INFORMATION: On December 21, 2000, the United States 
Architectural and Transportation Barriers Compliance Board (``Access 
Board'') published final disability access standards for federal 
electronic and information technology (``EIT'') under section 508 of 
the Rehabilitation Act of 1973, 29 U.S.C. 794d, as amended. See 65 FR 
80500 (final EIT accessibility standards), to be codified at 36 CFR 
part 1194. Section 508 requires that agencies, when developing, 
procuring, maintaining or using EIT,\1\ ensure that such technology 
allows individuals with disabilities who are federal employees to have 
access to and use of information and data that is comparable to the 
access to and use of such information and data by federal employees 
without disabilities, unless an undue burden would be imposed on the 
agency. 29 U.S.C. 794d(a)(1)(A)(i). Likewise, federal agencies are 
required to ensure that such technology allows individuals with 
disabilities who are members of the public seeking information or 
services from the agency to have access to and use of information and 
data that is comparable to the access to and use of the information and 
data by members of the public who are not disabled, unless an undue 
burden would be imposed on the agency. 29 U.S.C. 794d(a)(1)(A)(ii). 
When it would be an undue burden for the agency to develop, procure, 
maintain, or use EIT that meets the Access Board's accessibility 
standards, the agency must provide individuals with disabilities the 
information and data involved by an alternative means of access that 
allows such individuals to use that information and data. 29 U.S.C. 
794d(a)(1)(B).
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    \1\ As defined by the Access Board, EIT includes information 
technology--i.e., any equipment or interconnected system or 
subsystem of equipment used in the automatic acquisition, storage, 
manipulation, management, movement, control, display, switching, 
interchange, transmission, or reception of data or information, such 
as computers, ancillary equipment, software, firmware and similar 
procedures, services (including support services), and related 
resources--as well as any other equipment or inter-connected system 
or subsystem of equipment used in the creation, conversion, or 
duplication of data or information. For instance, EIT includes 
telecommunications products (e.g., telephones), information kiosks 
and transaction machines, World Wide Web sites, multimedia, and 
certain office equipment (e.g., copier and fax machines). See 36 CFR 
1194.4.
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    To enforce these requirements, section 508 provides that any 
individual with a disability may file a complaint with the agency 
alleging that it has failed to comply with such standards with respect 
to EIT, but only if such EIT was procured by the agency no less than 
six months after the date that the final standards were published 
(i.e., June 21, 2001, which is six months after the publication date of 
December 21, 2000). 29 U.S.C. 794d(f)(1)(A). Section 508 provides that 
complaints filed under section 508 shall be processed under the 
administrative procedures established by the agency to implement 
section 504 of the Rehabilitation Act, which prohibits discrimination 
against individuals with disabilities in federal programs and 
activities generally. See 29 U.S.C. 794.
    The Commission's procedures for processing section 504 complaints 
are set forth in Part 6 of the Commission's Rules of Practice, 16 CFR 
part 6. Thus, the Commission is amending Part 6 to accommodate 
administrative complaints, if any, that may be filed under section 508. 
The amendments are described below:
    Authority citation. This citation now refers to both sections 504 
and 508 of the Rehabilitation Act.
    Section 6.101: Purpose. The Commission is amending this section to 
add a reference to section 508.
    Section 6.103: Definitions. The Commission is adding definitions of 
``electronic and information technology,'' ``information technology,'' 
and ``section 508.'' These definitions are based on section 508 and the 
Access Board standards.
    Section 6.152: Program accessibility: electronic and information 
technology. This section, which was previously reserved, sets forth a 
summary description of the requirement that the agency provide 
individuals with disabilities access to information and data that is 
comparable to the access provided to non-disabled individuals whenever 
the agency develops, procures, maintains, or uses EIT, as required by 
section 508.
    The revised section also makes clear that, in revising its 
procedures to accommodate section 508 complaints, the Commission 
intends in no way to waive or modify the legal or procedural 
requirements otherwise imposed by section 508, which authorizes 
complaints only with respect to EIT procured on or after June 21, 2001, 
as explained earlier.\2\ Likewise, the amendment makes clear that the 
Commission's procedures are not intended to authorize EIT complaints 
that are otherwise legally exempted under section 508.\3\
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    \2\ Section 508 does not remove or interfere with any separate 
or concurrent right, if any, that an individual with disabilities 
may have to file a complaint regarding EIT procured before June 21, 
2001, to the extent, if any, that such complaint is cognizable under 
section 504, which applies to discrimination in the conduct of 
agency programs or activities generally, as noted earlier. See 66 FR 
20894, 20895 (Apr. 25, 2001) (Federal Acquisition Regulation 
amendments implementing section 508). In this regard, section 508, 
by its terms, does not limit any right, remedy, or procedure 
otherwise available under any other provision of federal law that 
provides ``greater or equal'' protection than section 508 does for 
the rights of individuals with disabilities. 29 U.S.C. 794d(g).
    \3\ For example, section 508 expressly exempts EIT procured for 
national security systems. 29 U.S.C. 794d(a)(5). Also exempted by 
regulation are: one-time micropurchases under $2,500 prior to 
January 1, 2003; EIT to be located in spaces frequented only by 
service personnel for maintenance, repair, or occasional monitoring 
of the equipment; and EIT acquired by a contractor incidental to a 
contract. 36 CFR 1194.3 (Access Board standards); 48 CFR 39.204 
(Federal Acquisition Regulation).
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    Section 6.170: Compliance procedures. The Commission is revising 
paragraphs (b), (d) and (i) of this section, which describes the 
administrative procedures to be followed by the agency in resolving 
complaints of discrimination on the basis of handicap

[[Page 51863]]

in programs or activities conducted by the Commission. Paragraph (b), 
which had referred to complaints alleging employment-related violations 
of ``section 504,'' is being revised to refer to alleged violations of 
``section 504 or 508.'' The Commission is also taking the opportunity 
to correct a legal citation in paragraph (b) to the relevant Equal 
Employment Opportunity Commission procedures for processing complaints 
by individuals with disabilities concerning alleged discrimination in 
federal employment.
    Paragraph (d) addresses the procedures for discrimination 
complaints unrelated to federal employment (e.g., by members of the 
general public with disabilities) alleging violations ``prohibited by 
this part [i.e., Part 6 of the Commission's Rules].'' The Commission 
finds it unnecessary to amend this language, since violations 
``prohibited by this part'' now include section 508 violations in light 
of the revision to 16 CFR 6.152 discussed earlier. The Commission, 
however, is conforming its mailing address in paragraph (d)(3) to U.S. 
Postal Service standards. A similar technical correction is made in 
paragraph (i)(2) of this section.

Communications by Outside Parties to Commissioners or Their 
Advisors

    Written communications and summaries or transcripts of oral 
communications respecting the merits of this proceeding from any 
outside party to any Commissioner or Commissioner's advisor will be 
placed on the public record. See 16 CFR 1.26(b)(5).

Administrative Procedure Act

    These amendments are purely procedural and do not materially or 
substantially alter the legal rights of interested parties. Thus, the 
Administrative Procedure Act (APA) does not require prior public notice 
and comment. 5 U.S.C. 553(b)(A) (exempting rules of agency 
organization, procedure, or practice). Nonetheless, the Commission will 
consider comments, if any, submitted on these amendments in order to 
determine whether further action, if any, may be appropriate or 
necessary.

Regulatory Flexibility Act

    The requirements for initial and final regulatory analyses of the 
small business impact of these rule amendments, pursuant to the 
Regulatory Flexibility Act, are not applicable, because that Act does 
not require analyses for matters that are exempt from notice-and-
comment under the APA. 5 U.S.C. 605. Moreover, the Act does not require 
such analyses when an agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Id. The Commission hereby certifies that these amendments will not have 
such an impact, because the procedures apply only to individuals with 
disabilities, who are not small businesses within the meaning of the 
Act. This document serves as notice of this certification to the Small 
Business Administration.

Paperwork Reduction Act

    The rule amendments contain no information collection requirements 
(i.e., reporting, recordkeeping, or disclosure) subject to prior review 
and approval by the Office of Management and Budget under the Paperwork 
Reduction Act, 44 U.S.C. 3501-3518.

List of Subjects in 16 CFR Part 6

    Blind, Civil rights, Computer technology, Deaf, Disabled, 
Discrimination against handicapped, Employment, Equal employment 
opportunity, Federal buildings and facilities, Government employees, 
Government procurement, Handicapped.

    For the reasons set forth in the preamble, the Federal Trade 
Commission amends Chapter I of Title 16, Code of Federal Regulations, 
as follows:

PART 6--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP 
IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE FEDERAL TRADE COMMISSION

    1. Revise the authority citation for Part 6 to read as follows:

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


    2. Amend Sec. 6.101 by adding a new sentence to the end of the 
section:


Sec. 6.101  Purpose.

    * * * This part also implements section 508 of the Rehabilitation 
Act of 1973, as amended, with respect to the accessibility of 
electronic and information technology developed, procured, maintained, 
or used by the agency.

    3. Amend Sec. 6.103 by inserting the following new paragraphs in 
alphabetical order, between existing definitional paragraphs:


Sec. 6.103  Definitions.

    For purposes of this part, the term--
* * * * *
    ``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 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 electronic and 
information technology.
* * * * *
    ``Information technology'' means 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.
* * * * *
    ``Section 508'' means section 508 of the Rehabilitation Act of 
1973, as amended.

    4. Revise Sec. 6.152, which was previously reserved, to read as 
follows:


Sec. 6.152  Program accessibility: electronic and information 
technology.

    (a) When developing, procuring, maintaining, or using electronic 
and information technology, the Commission shall ensure, unless an 
undue burden would be imposed on the agency, that the electronic and 
information technology allows, regardless of the type of medium of the 
technology:
    (1) individuals with disabilities who are employees to have access 
to and use of information and data that is comparable to the access to 
and use of the information and data by employees who are not 
individuals with disabilities; and
    (2) individuals with disabilities who are members of the public 
seeking

[[Page 51864]]

information or services from the Commission to have access to and use 
of information and data that is comparable to the access to and use of 
the information and data by members of the public who are not 
individuals with disabilities.
    (b) When the development, procurement, maintenance, or use of 
electronic and information technology that meets the standards 
published by the Architectural and Transportation Barriers Compliance 
Board pursuant to section 508(a)(2) of the Rehabilitation Act of 1973, 
as amended, would impose an undue burden on the Commission, the 
Commission shall provide individuals with disabilities covered by 
paragraph (a) of this section with the information and data involved by 
an alternative means of access that allows such individuals to use the 
information and data.
    (c) This section shall not apply to any matter legally exempted by 
section 508, by the standards referenced in paragraph (b) of this 
section, or by other applicable law or regulation. Nothing in this 
section shall be construed to limit any right, remedy, or procedure 
otherwise available under any provision of federal law (including 
sections 501 through 505 of the Rehabilitation Act of 1973, as amended) 
that provides greater or equal protection for the rights of individuals 
with disabilities than section 508.

    5. Amend Sec. 6.170 by adding two new sentences to the end of 
paragraph (b), and by revising paragraphs (d)(3) and (i)(2) to read as 
follows:


Sec. 6.170  Compliance procedures.

    (b) * * * The Commission shall apply the same procedures to process 
complaints alleging violations of section 508. Complaints alleging a 
violation of section 508 may not be filed with respect to any exempted 
matters as described in Sec. 6.152(c) of this chapter, and may be filed 
only with respect to electronic and information technology procured by 
the Commission on or after June 21, 2001.
* * * * *
    (d) * * *
    (3) The complaint must be addressed to the Director of Equal 
Employment Opportunity, Federal Trade Commission, 600 Pennsylvania 
Avenue, NW., Washington, DC 20580.
* * * * *
    (i) * * *
    (2) The appeal must be addressed to the General Counsel, Federal 
Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580.
* * * * *

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 01-25550 Filed 10-10-01; 8:45 am]
BILLING CODE 6750-01-P