[Federal Register Volume 63, Number 163 (Monday, August 24, 1998)]
[Notices]
[Pages 45041-45043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22758]
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Notices
Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 63, No. 163 / Monday, August 24, 1998 /
Notices
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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
Accessibility Standards for Electronic and Information Technology
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Notice of intent to establish advisory committee.
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SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board) announces its intent to establish an Electronic and
Information Technology Access Advisory Committee (Committee) to make
recommendations for accessibility standards for electronic and
information technology covered by the Rehabilitation Act Amendments of
1998. The Access Board requests applications for representatives to
serve on the Committee.
DATES: Applications should be received by September 23, 1998.
ADDRESSES: Applications should be sent to the Office of Technical and
Information Services, Architectural and Transportation Barriers
Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-
1111. Fax number (202) 272-5447. Applications may also be sent via
electronic mail to the Access Board at the following address:
wakefield@access-board.gov.
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 39 (Voice); (202) 272-
5449 (TTY).
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 1 on the telephone keypad, then 1 again, and
requesting publication N-01 (Electronic and Information Technology
Access Advisory Committee notice). Persons using a TTY should call
(202) 272-5449. Please record a name, address, telephone number and
request publication N-01. 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/notices/eitaac.htm).
Background
On August 7, 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 requires that when
Federal departments or 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 department or agency. Section 508 also
requires that individuals with disabilities, who are members of the
public seeking information or services from a Federal department or
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.1
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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 was originally added to the Rehabilitation Act in 1986.
(29 U.S.C. 794d). It required the Secretary of Education and the
Administrator of the General Services Administration to develop and
establish guidelines for Federal agencies for electronic and
information technology accessibility and required that such guidelines
be revised, as necessary, to reflect technological advances or
changes.2 Section 508 also required each Federal agency to
comply with the guidelines. However, there was no enforcement mechanism
to provide for compliance. The changes to section 508 contained in the
Rehabilitation Act Amendments of 1998 were designed to strengthen
current law.
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\2\ On January 30, 1991 the General Services Administration
issued Bulletin C-8 as part of the Federal Information Resources
Management Regulations (FIRMR). In 1996 the FIRMR was eliminated.
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Access Board Responsibilities
Section 508(a)(2)(A) of the Rehabilitation Act Amendments of 1998
requires the Architectural and Transportation Barriers Compliance Board
(Access Board)3 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. The standards are required to be published by February
7, 2000.
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\3\ 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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The definition of electronic and information technology is required
to be consistent with the definition of information technology in
section 5002(3) of the Clinger-Cohen Act of 1996. (40 U.S.C. 1401(3)).
Information technology under that law 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'' by a Federal agency.
In developing its standards, the Access Board is required to
consult with
[[Page 45042]]
various Federal agencies,4 the electronic and information
technology industry, and appropriate public or nonprofit agencies or
organizations, including organizations representing individuals with
disabilities. The Access Board is also required to periodically review
and, as appropriate, amend the standards to reflect technological
advances or changes in electronic and information technology. The
General Services Administration and the Access Board are required to
provide technical assistance to individuals and Federal departments and
agencies concerning the requirements of section 508.
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\4\ The Access Board is required to consult with the Secretary
of Education, the Administrator of General Services, the Secretary
of Commerce, the Chairman of the Federal Communications Commission,
the Secretary of Defense, and the head of any other Federal
department or agency that the Access Board determines to be
appropriate.
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Other Section 508 Requirements
Section 508(a)(3) provides that within six months after the Access
Board publishes its standards, the Federal Acquisition Regulatory
Council is required to revise the Federal Acquisition Regulation, and
each Federal department or agency is required to revise the Federal
procurement policies and directives under its control to incorporate
the Access Board's standards.5
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\5\ Whenever the Access Board revises its standards, the Council
is required to revise the Federal Acquisition Regulation, and each
appropriate Federal department or agency is required to revise its
procurement policies and directives within six months to incorporate
the revisions.
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Section 508(a)(4) provides that if a Federal department or agency
determines that compliance with the standards imposes an undue burden,
any documentation by the department or agency supporting a procurement
shall explain why compliance creates an undue burden. Additionally,
when it is determined that compliance with the standards imposes an
undue burden, the Federal department or agency 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.6
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\6\ Section 508(a)(1)(B).
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Section 508(a)(6)(A) states that when the Federal government
provides access to the public to information or data through electronic
and information technology, a Federal department or agency is not
required to make equipment available or to purchase equipment at a
location other than that where the electronic and information
technology is provided to the public. Also, specific accessibility-
related software or the attachment of specific accessibility-related
peripheral devices are not required to be installed at workstations of
Federal employees without disabilities.7
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\7\ Section 508(a)(6)(B).
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Section 508(c) provides that by February 7, 1999, each Federal
department or agency shall evaluate the extent to which the electronic
and information technology of the department or agency is accessible to
and usable by individuals with disabilities and submit a report
containing the evaluation to the Attorney General.
Section 508(d) provides that by February 7, 2000, the Attorney
General shall prepare and submit to the President a report containing
information on and recommendations regarding the extent to which the
electronic and information technology of the Federal government is
accessible to and usable by individuals with disabilities. By August 7,
2001, and every two years thereafter, the Attorney General shall submit
to the President and Congress a report containing information on and
recommendations regarding the state of Federal department and agency
compliance with the requirements of section 508, including actions
regarding individual complaints.
Section 508(f) provides that beginning August 7, 2000, any
individual with a disability may file a complaint alleging that a
Federal department or agency fails to comply with section 508 in
providing accessible electronic and information technology.8
Complaints shall be filed with the Federal department or agency alleged
to be in noncompliance. The Federal department or agency receiving the
complaint shall apply the complaint procedures established to implement
section 504 of the Rehabilitation Act for resolving allegations of
discrimination in a federally conducted program or activity.
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\8\ This provision applies only to electronic and information
technology that is procured by a Federal department or agency after
August 7, 2000.
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Electronic and Information Technology Access Advisory Committee
The Access Board will begin the process of developing its
accessibility standards by establishing an Electronic and Information
Technology Access Advisory Committee (Committee). The establishment of
the Committee is in the public interest and will assist the Board in
meeting its obligation for broad consultation with Federal agencies,
the electronic and information technology industry, organizations
representing individuals with disabilities, and others in the
development of the standards.
The Committee will make recommendations to the Access Board on
issues such as:
types of electronic and information technologies to be
covered by the standards;
barriers to the use of such technologies by persons with
disabilities;
solutions to such barriers, if known, and research on such
barriers;
methods for evaluating accessibility of such technologies;
and
contents of the standards.
To assist in developing the standards, the Board is interested in
obtaining relevant documents on access to electronic and information
technology. For example, on February 3, 1998, the Access Board
published guidelines under section 255(e) of the Telecommunications Act
for accessibility of customer premises equipment and telecommunications
equipment. (36 CFR Part 1193). Portions of those guidelines may be
appropriate for inclusion in the section 508 standards. Also, portions
of the ADA Accessibility Guidelines on reach ranges (4.2.5 and 4.2.6)
are applicable to fixed equipment control consoles and operable parts.
(36 CFR Part 1191).
In addition to the above documents, the General Services
Administration and the Department of Education have developed
guidelines and other documents for accessible hardware and software.
Guidelines for creating accessible World Wide Web pages have been
created by several entities. These documents may provide a useful
starting point for the development of electronic and information
technology standards. The Board is interested in obtaining any other
relevant documents that may be of assistance in developing standards.
The Committee will be expected to present a report with its
recommendations to the Access Board within six months of the
Committee's first meeting. The Access Board requests applications for
representatives of the following interests for membership on the
Committee:
Federal agencies and Federal contractors;
the electronic and information technology industry;
organizations representing the access needs of individuals
with disabilities; and
other persons affected by these accessibility standards.
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The number of Committee members will be limited to effectively
accomplish the Committee's work and will be balanced in terms of
interests represented. Organizations with similar interests are
encouraged to submit a single application to represent their interest.
Although the Committee will be limited in size, there will be
opportunities for the public to present written information to the
Committee, participate through subcommittees, and to comment at
Committee meetings.
Applications should be sent to the Access Board at the address
listed at the beginning of this notice. The application should include
the representative's name (and an alternate), title, address and
telephone number; a statement of the interests represented; and a
description of the representative's qualifications, including
engineering, technical and design expertise and knowledge of making
electronic and information technology accessible to individuals with
disabilities.
Committee members will not be compensated for their service. The
Access Board may, at its own discretion, pay travel expenses for a
limited number of persons who would otherwise be unable to participate
on the Committee. Committee members will serve as representatives of
their organizations, not as individuals. They will not be considered
special government employees and will not be required to file
confidential financial disclosure reports.
After the applications have been reviewed, the Access Board will
publish a notice in the Federal Register announcing the appointment of
Committee members and the first meeting of the Committee. The first
meeting of the Committee is tentatively scheduled for October 15-16,
1998 in Washington, DC. The Committee will operate in accordance with
the Federal Advisory Committee Act, 5 U.S.C. app 2. Committee meetings
will be held in Washington, DC. Each meeting will be open to the
public. A notice of each meeting will be published in the Federal
Register at least 15 days in advance of the meeting. Records will be
kept of each meeting and made available for public inspection.
Thurman M. Davis, Sr.,
Chair, U.S. Architectural and Transportation Barriers Compliance Board.
[FR Doc. 98-22758 Filed 8-21-98; 8:45 am]
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