[Federal Register Volume 84, Number 148 (Thursday, August 1, 2019)]
[Rules and Regulations]
[Pages 37576-37578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15853]


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DEPARTMENT OF STATE

22 CFR Part 147

[Public Notice: 10775]
RIN 1400-AE35


Information and Communication Technology

AGENCY: State Department.

ACTION: Final rule.

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SUMMARY: The Department of State (the Department) updates and revises 
the rules that implement Section 508 of the Rehabilitation Act of 1973, 
consistent with updates to accessibility standards from the U.S. Access 
Board.

DATES: This rule is effective September 3, 2019.

FOR FURTHER INFORMATION CONTACT: Alice Kottmyer, Attorney Adviser, 
Office of Management, Office of the Legal Adviser, (202) 647-2318.

SUPPLEMENTARY INFORMATION:

Background

    Section 508 authorizes the Access Board to establish standards for 
technical and functional performance criteria to ensure that 
information technologies are accessible to and usable by persons with 
disabilities. The Department published its initial rules implementing 
Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. 794d (Section 
508), in 2016. 81 FR 32645.
    In January of 2017, the Access Board published a ``refresh'' of its 
existing standards and guidelines for information and communication 
technology (ICT) covered by Section 508 of the Rehabilitation Act or 
Section 255 of the Communications Act. The rule jointly updated and 
reorganized the Section 508 standards and Section 255 guidelines to 
advance accessibility, facilitate compliance, and harmonize the 
requirements with other standards in the United States and abroad. 82 
FR 5832. Federal agencies, however, need only comply with the revised 
508 standards (codified at 38 CFR 1194.1 and Appendices A, C, and D), 
whereas the revised Section 255 guidelines apply exclusively to 
telecommunications equipment manufacturers.

Proposed Rule and Comments

    On December 13, 2018, the Department published its proposed rule to 
implement the refreshed Section 508 standards. 83 FR 64046. The 
Department received five comments in response to the proposed rule, all 
supportive. Four of the five commenters asserted that the burden or 
impact on

[[Page 37577]]

the public would be minimal, and is outweighed by the benefit to the 
public from the rule.

Why is the Department promulgating this rule?

    The amendments to Part 147 in this rule are intended to align the 
Department's regulations with the Access Board's revised Section 508 
standards. The Department is also adding one new provision (Sec.  
147.9), which provides a prohibition against intimidation or 
retaliation against anyone who files a complaint, furnishes 
information, or engages in other lawful activities in furtherance of 
Section 508, part 147, or other regulations that implement Section 508.

Regulatory Findings

Administrative Procedure Act

    This Department published this rule as a proposed rule with a 60-
day comment period.

Regulatory Flexibility Act/Executive Order 13272: Consideration of 
Small Entities in Agency Rulemaking

    The Department certifies that this rule will not have a significant 
economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 
1532, generally requires agencies to prepare a statement before 
proposing any rule that may result in an annual expenditure of $100 
million or more by State, local, or tribal governments, or by the 
private sector. This rule will not result in any such expenditure, nor 
will it significantly or uniquely affect small governments.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804. With this 
rulemaking, the Department is making changes to terminology to align 
its rules with those of the Access Board. The Department is aware of no 
monetary effect on the economy that would result from this rulemaking, 
nor will there be any increase in costs or prices; or any effect on 
competition, employment, investment, productivity, innovation, or the 
ability of United States-based companies to compete with foreign-based 
companies in domestic and import markets.

Executive Order 12866: Regulatory Planning and Review

    The Department of State does not consider this rule to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f). The Department of State has reviewed this rule to ensure its 
consistency with the regulatory philosophy and principles set forth in 
Executive Order 12866.

Executive Orders 12372: Intergovernmental Review of Federal Programs 
and 13132: Federalism

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government. The rule will not have federalism 
implications warranting the application of Executive Orders 12372 and 
13132.

Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulation in light of sections 
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 
burden.

Executive Order 13563: Improving Regulation and Regulatory Review

    The Department has considered this rule in light of Executive Order 
13563, dated January 18, 2011, and affirms that this regulation is 
consistent with the guidance therein.

Executive Order 13771: Reducing Regulation and Controlling Regulatory 
Costs

    This proposed rule is not an E.O. 13771 regulatory action because 
this rule is not significant under E.O. 12866.

Paperwork Reduction Act

    The regulations in 22 CFR part 147 are related to OMB Control 
Number 1405-0220, which is in effect. This rule does not impose new or 
revised information collection requirements under the provisions of the 
Paperwork Reduction Act, 44 U.S.C. Chapter 35.

List of Subjects in 22 CFR Part 147

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

    Accordingly, for the reasons set forth in the preamble, the 
Department of State amends 22 CFR part 147 as follows:

PART 147--INFORMATION AND COMMUNICATION TECHNOLOGY

0
1. The authority citation for part 147 continues to read as follows:

    Authority: 22 U.S.C. 2651a; 29 U.S.C. 794, 794d; 36 CFR part 
1194.


0
2. Revise the heading for part 147 as set forth above.

Subpart A of Part 147--[Amended]

0
3. In subpart A of part 147:
0
a. Remove ``electronic and information technology'' and add in its 
place ``information and communication technology'', wherever it occurs.
0
b. Remove the abbreviation ``EIT'' and add in its place the 
abbreviation ``ICT'', wherever it occurs.


Sec.  147.2  [Amended]

0
4. In Sec.  147.2, remove ``36 CFR 1194.4'' and add in its place 
``E103.4 of appendix A to 36 CFR part 1194.''

0
5. Amend Sec.  147.3, by revising the introductory text and the 
definition ``Section 508'' to read as follows:


Sec.  147.3  Definitions.

    The Department of State adopts the definitions in E103.4 of 
appendix A to 36 CFR part 1194. In addition, as used in this part:
* * * * *
    Section 508 means section 508 of the Rehabilitation Act of 1973, as 
amended, codified at 29 U.S.C. 794d.


Sec.  147.4  [Amended]

0
6. Amend Sec.  147.4 by:
0
a. In paragraph (a), remove ``Electronic and Information Technology 
Accessibility Standards (36 CFR part 1194)'' and add in its place 
``Revised 508 Standards (36 CFR 1194.1 and appendices A, C and D to 36 
CFR part 1194).''
0
b. In paragraph (b), remove ``36 CFR part 1194'' and add in its place 
``36 CFR 1194.1.''


Sec.  147.5  [Amended]

0
7. In Sec.  147.5, remove ``EIT Accessibility Standards'' and add in 
its place ``Revised 508 Standards.''

0
8. Revise the heading for Sec.  147.6 to read as follows:


Sec.  147.6  Information and communication technology requirements.

* * * * *

0
9. Amend Sec.  147.6 by:
0
a. In paragraph (b), remove ``Electronic and Information Technology 
Accessibility Standards, 36 CFR part 1194'' and add in its place 
``Revised 508 Standards (36 CFR 1194.1 and appendices A, C and D to 36 
CFR part 1194).''
0
b. In paragraph (c), remove ``36 CFR part 1194'' and add in its place 
``36 CFR 1194.1''.

[[Page 37578]]

0
c. In paragraph (d), remove ``36 CFR part 1194'' and add in its place 
``36 CFR 1194.1''.

Subpart B--[Amended]

0
10. In subpart B of part 147 remove the abbreviation ``EIT'' and add in 
its place the abbreviation ``ICT'', wherever it occurs.


Sec.  147.7  [Amended]

0
11. Amend Sec.  147.7(b) by removing ``36 CFR part 1194'' and adding in 
its place ``36 CFR 1194.1''.

0
12. Add Sec.  147.9 to read as follows:


Sec.  147.9  Intimidation and retaliation prohibited.

    No person may discharge, intimidate, retaliate, threaten, coerce or 
otherwise discriminate against any person because such person has filed 
a complaint, furnished information, assisted or participated in any 
manner in an investigation, review, hearing or any other activity 
related to the administration of, or exercise of authority under, or 
privilege secured by Section 508 and the regulations in this part.

    Dated: July 15, 2019.
Gregory B. Smith,
Director, Office of Civil Rights, U.S. Department of State.
[FR Doc. 2019-15853 Filed 7-31-19; 8:45 am]
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