81 FR 32645 - Electronic and Information Technology

DEPARTMENT OF STATE

Federal Register Volume 81, Issue 100 (May 24, 2016)

Page Range		32645-32648
FR Document		2016-12233
This rule implements Section 508 of the Rehabilitation Act (Section 508) for the Department of State. Section 508 requires that when Federal departments and agencies develop, procure, maintain, or use electronic and information technology, they shall ensure that the electronic and information technology is accessible to individuals with disabilities who are Federal employees, applicants for employment, or members of the public.
Federal Register, Volume 81 Issue 100 (Tuesday, May 24, 2016)
[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Rules and Regulations]
[Pages 32645-32648]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12233]


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DEPARTMENT OF STATE

22 CFR Part 147

[Public Notice: 9498]
RIN 1400-AD87


Electronic and Information Technology

AGENCY: Department of State.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule implements Section 508 of the Rehabilitation Act 
(Section 508) for the Department of State. Section 508 requires that 
when Federal departments and agencies develop, procure, maintain, or 
use electronic and information technology, they shall ensure that the 
electronic and information technology is accessible to individuals with 
disabilities who are Federal employees, applicants for employment, or 
members of the public.

DATES: This rule is effective June 23, 2016.

FOR FURTHER INFORMATION CONTACT: Alice Kottmyer, Attorney-Adviser, 202-
647-2318, [email protected].

SUPPLEMENTARY INFORMATION: This rule adds a new part 147, which 
implements Section 508 of the Rehabilitation Act of 1973, as amended 
(29 U.S.C. 794d) (``Section 508''), as it applies to programs and 
activities conducted by the Department of State (``the Department'').

Subpart A--General Provisions

    Sections 147.1 and 147.2 provide that these rules are intended to 
implement Section 508, consistent with that statute and the regulations 
promulgated by the Access Board, at 36 CFR part 1194 (``Part 1194''). 
This rule applies to all development, procurement, maintenance, and use 
of electronic and information technology by the Department of State. 
Section 147.3 provides the definitions of ``The Department,'' ``Section 
508'', ``Section 508 complaint'', and ``the Secretary'', and adopts the 
definitions in 36 CFR 1194.4.
    Section 147.4 provides that the Department will ensure that its 
employees, applicants for employment, and members of the public are 
provided with adequate notice of the Department's obligations under 
Section 508, part 1194, and these rules.
    Sections 147.5 and 147.6 generally reiterate the requirements of 
Section 508 regarding the prohibition against discrimination, and the 
requirement for ensuring that EIT is accessible (in accordance with 
part 1194), unless an undue burden would be imposed on the Department--
in which case an alternative means of access must be provided.

Subpart B--Complaint Procedures

    Section 147.7 provides procedures for filing a complaint under 
Section 508. The procedures included therein are substantially the same 
procedures the Department has established in implementing Section 504 
of the Rehabilitation Act of 1973 (22 CFR part 144). The relevant 
procedures are repeated in this rulemaking, for convenience. A Section 
508 complaint must be filed with the Department's Office of Civil 
Rights, must be in writing, and submitted by fax, email, mail, or hand-
delivery. The final, approved complaint form, designated DS-4282, is 
accessible and fillable and is available on the following page: https://eforms.state.gov/searchform.aspx. The Department's analysis and notice 
pursuant to the Paperwork Reduction Act are included in the 
``Regulatory Analysis,'' below. The DS-4282 will be used for complaints 
not only under Section 508, but under Section 504 and Title VI of the 
Civil Rights Act. This is reflected in the Paperwork Reduction Act 
analysis, below.
    An individual with a disability alleging a violation of Section 508 
must file a complaint not later than 180 days after the date the 
complainant knew, or should have known, of the alleged violation of 
Section 508. Once the Department receives the complaint, it must 
conduct an investigation and, within 180 days of receiving the 
complaint, shall notify the complainant of the results of the 
investigation in a letter containing findings of fact and conclusions 
of law; a description of a remedy for each violation found; and a 
notice of the right to appeal within 90 days of the complainant's 
receipt of the notice from the Department. The Department will notify 
the complainant of the results of the appeal within 60 days of the 
receipt of the appeal request.
    Section 147.8 provides that a decision from the Department on the 
merits of a complaint, or no notification in writing from the 
Department within 180 days of filing the complaint, will constitute 
exhaustion of the complainant's administrative remedies for purposes of 
5 U.S.C. 701, et seq. This provision does not yet have a counterpart in 
the Department's Section 504 implementing procedures; however, the 
Department is considering adding a parallel provision to 22 CFR part 
144 in the near future.
    The Department published a proposed rule on January 4, 2016. See 81 
FR 44. The Department received one comment in response to the Paperwork 
Reduction Act notice, expressing support for the information 
collection, and received no comments on the proposed rule.

Regulatory Analysis

Administrative Procedure Act

    The Department of State published this rulemaking as a proposed 
rule, with 60-day provision for public comment. The final rule will be 
in effect 30 days after publication.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804 for the 
purposes of Congressional review of agency rulemaking under the Small 
Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801-
808).

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million in any year; and it will not significantly or uniquely affect 
small governments. Therefore, no actions were deemed necessary under 
the provisions of the Unfunded Mandates Reform Act of 1995.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    The Department has determined that this rulemaking will not have 
tribal implications, will not impose substantial direct compliance 
costs on Indian tribal governments, and will not pre-empt tribal law. 
Accordingly, the requirements of Executive Order 13175 do not apply to 
this rulemaking.

[[Page 32646]]

Regulatory Flexibility Act: Small Business

    The Department of State certifies that this rulemaking will not 
have an impact on a substantial number of small entities. A regulatory 
flexibility analysis is not required under the Regulatory Flexibility 
Act (5 U.S.C. 601, et seq.).

Executive Order 12866 and Executive Order 13563

    The Department of State has provided this final rule to the Office 
of Management and Budget (OMB) for its review. The Department has also 
reviewed the rule to ensure its consistency with the regulatory 
philosophy and principles set forth in Executive Order 12866, and finds 
that the benefits of the rule (in providing mechanisms for individuals 
to submit complaints of discrimination) outweigh any costs to the 
public, which are minimal. The Department of State has also considered 
this rulemaking in light of Executive Order 13563, and affirms that 
this proposed regulation is consistent with the guidance therein.

Executive Order 12988

    The Department of State has reviewed this rule in light of 
Executive Order 12988 to eliminate ambiguity, minimize litigation, 
establish clear legal standards, and reduce burden.

Executive Orders 12372 and 13132

    This rule will not have substantial direct effect on the states, on 
the relationships between the national government and the states, or on 
the distribution of power and responsibilities among the various levels 
of government. Therefore, in accordance with Executive Order 13132, it 
is determined that this rule does not have sufficient federalism 
implications to require consultations or warrant the preparation of a 
federalism summary impact statement. Executive Order 12372, regarding 
intergovernmental consultation on federal programs and activities, does 
not apply to this regulation.

Paperwork Reduction Act

    The information collection contained in this rule is pursuant to 
the Paperwork Reduction Act, 44 U.S.C. Chapter 35 and, although not yet 
in use, has been assigned an OMB Control Number. The Department 
submitted an information collection request to OMB for the review and 
approval of the Discrimination Complaint Form, DS-4282, under the PRA.
    This information collection will provide a way for employees and 
members of the public to submit a complaint of discrimination under 
Section 508 and other federal statutes relating to discrimination, as 
described below.

30-Day Notice of Proposed Information Collection: DS-4282, 
Discrimination Complaint Form

    The Department of State has submitted the information collection 
described below to OMB for approval. Direct request for additional 
information regarding the collection listed herein, including requests 
for copies of the proposed collection instrument and supporting 
documents, to the Office of the Legal Adviser (L/M), ATTN: Section 508 
Final Rule, Suite 4325, U.S. Department of State, 2200 C Street NW., 
Washington DC 20520; email [email protected].
     Title of the Collection: Complaint of Discrimination Under 
Section 504, Section 508 or Title VI.
     OMB Control No.: 1405-0220.
     Type of Request: New collection.
     Originating Office: Office of Civil Rights, U.S. 
Department of State.
     Form Number: Form DS-4282, Discrimination Complaint Form.
     Respondents: This information collection will be used by 
any Federal employee or member of the public who wishes to submit a 
complaint of discrimination under Title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d); or Sections 504 or 508 of the Rehabilitation 
Act of 1973 (29 U.S.C. 794 and 794d).
     Estimated number of respondents and responses: The 
Department estimates a total of 10 respondents, with one response per 
respondent, per year.
     An estimate of the total annual public burden (in hours) 
associated with the collection: The average burden associated with this 
information collection is estimated to be 1 hour per respondent. 
Therefore, the Department estimates the total annual burden for this 
information collection to be 10 hours.
     Frequency: On occasion.
     Obligation to Respond: Voluntary.
    Abstract of proposed collection:
    The form created by this information collection (DS-4282) will be 
used to present complaints of discrimination under Title VI of the 
Civil Rights Act of 1964; or Sections 504 or 508 of the Rehabilitation 
Act of 1973 (29 U.S.C. 794 and 794d).
    Methodology:
    The form will be downloaded from https://eforms.state.gov/searchform.aspx. After completion, the form may be submitted by email, 
mail, fax, or hand-delivery.

List of Subjects in 22 CFR Part 147

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

    For the reasons set forth in the preamble, 22 CFR part 147 is added 
to subchapter O to read as follows:

PART 147--ELECTRONIC AND INFORMATION TECHNOLOGY

Subpart A--General Provisions
Sec.
147.1 Purpose.
147.2 Application.
147.3 Definitions.
147.4 Notice.
147.5 Discrimination prohibited.
147.6 Electronic and information technology requirements.
Subpart B--Complaint Procedures
147.7 Filing a Section 508 complaint.
147.8 Final agency action.

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

Subpart A--General Provisions


Sec.  147.1  Purpose.

    The purpose of this part is to implement section 508 of the 
Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), which requires 
that when Federal departments and agencies develop, procure, maintain, 
or use electronic and information technology, they shall ensure that 
the electronic and information technology is accessible to individuals 
with disabilities who are Federal employees, applicants for employment, 
or members of the public.


Sec.  147.2  Application.

    This part applies to all development, procurement, maintenance, and 
use of electronic and information technology (EIT), as defined in 36 
CFR 1194.4.


Sec.  147.3  Definitions.

    This part incorporates the definitions in 36 CFR 1194.4. In 
addition, as used in this part:
    Department means the United States Department of State and any of 
its passport agencies or other facilities.
    Secretary means the Secretary of State or his or her designee.
    Section 508 means section 508 of the Rehabilitation Act of 1973, 
codified at 29 U.S.C. 794d, Public Law 93-112, Title V, Section 508, as 
added Public Law 99-506, Title VI, Section 603(a), Oct. 21, 1986, 100 
Stat. 1830, and amended Public Law 100-630, Title II, Section 206(f), 
Nov. 7, 1988, 102 Stat. 3312; Public Law 102-569, Title V,

[[Page 32647]]

Section 509(a), Oct. 29, 1992, 106 Stat. 4430; Public Law 105-220, 
Title IV, Section 408(b), Aug. 7, 1998, 112 Stat.1203.


Sec.  147.4  Notice.

    (a) The Secretary shall ensure that employees, applicants for 
employment, and the members of the public are provided with adequate 
notice of the requirements of Section 508, the Electronic and 
Information Technology Accessibility Standards (36 CFR part 1194), and 
this part, as they relate to the programs or activities conducted by 
the Department.
    (b) The Secretary shall ensure that the home page of the 
Department's public-facing Web site provides Department policy 
regarding accessibility of EIT in accordance with Section 508 and 36 
CFR part 1194, as well as an email address for the public to ask 
questions or express concerns.


Sec.  147.5  Discrimination prohibited.

    The Department must comply with EIT Accessibility Standards when it 
develops, procures, maintains, or uses EIT. The Department must ensure 
that individuals with disabilities who are Federal employees or members 
of the public have access to and use of information and data that is 
comparable to that provided to Federal employees or members of the 
public without disabilities, unless providing comparable access would 
impose an undue burden on the Department.


Sec.  147.6  Electronic and information technology requirements.

    (a) Development, procurement, maintenance, or use of EIT. When 
developing, procuring, maintaining, or using EIT, the Department shall 
ensure, unless an undue burden would be imposed on the Department, that 
the EIT allows, regardless of the type of medium of the technology, 
that--
    (1) Individuals with disabilities who are Department employees have 
access to and use of information and data that is comparable to the 
access to and use of the information and data by Department employees 
who are not individuals with disabilities; and
    (2) Individuals with disabilities who are members of the public 
seeking information or services from the Department have access to and 
use of information and data that is comparable to the access to and use 
of the information and data by such members of the public who are not 
individuals with disabilities.
    (b) In meeting its obligations under paragraph (a) of this section, 
the Department shall comply with the Electronic and Information 
Technology Accessibility Standards, 36 CFR part 1194.
    (c) Alternative means of access when undue burden is imposed. When 
development, procurement, maintenance, or use of EIT that meets the 
standards as provided in 36 CFR part 1194 would impose an undue burden, 
the Department shall provide individuals with disabilities covered by 
this section with the relevant information and data by an alternative 
means of access that allows the individual to use the information and 
data.
    (d) Procedures for determining undue burden. The Department 
procedures for finding that full compliance with 36 CFR part 1194 would 
impose an undue burden can be found at: http://www.state.gov/m/irm/impact/126338.htm.

Subpart B--Complaint Procedures


Sec.  147.7  Filing a Section 508 complaint.

    (a) An individual with a disability who alleges that Department's 
EIT does not allow him or her to have access to and use of information 
and data that is comparable to access and use by individuals without 
disabilities, or that the alternative means of access provided by the 
Department does not allow the individual to use the information and 
data, may file a complaint with the Department's Office of Civil Rights 
(S/OCR).
    (b) Employees, applicants for employment, or members of the general 
public are encouraged to contact personnel in the Department office 
that uses or maintains a system that is believed not to be compliant 
with Section 508 or 36 CFR part 1194 to attempt to have their issues 
addressed. Nothing in this complaint process is intended to prevent 
Department personnel from addressing any alleged compliance issues when 
made aware of such requests directly or indirectly.
    (c) A Section 508 complaint must be filed not later than 180 
calendar days after the complainant knew, or should have known, of the 
alleged discrimination, unless the time for filing is extended by the 
Department. A Section 508 complaint must be submitted in writing by 
fax, email, mail, or hand delivery to the S/OCR office, using the Form 
DS-4282, Discrimination Complaint Form, which can be downloaded at: 
https://eforms.state.gov/searchform.aspx.
    (d) Once a Section 508 complaint has been received, S/OCR will 
conduct an investigation into the allegation(s) and render a decision 
as to whether a Section 508 violation has occurred. Within 180 days of 
the receipt of a complete complaint under this part, the Secretary 
shall notify the complainant of the results of the investigation in a 
letter containing--
    (1) Findings of fact and conclusions of law;
    (2) A description of a remedy for each violation found; and
    (3) A notice of the right to appeal.
    Upon request of the complainant, the decision will be provided in 
an alternate format, such as an electronic format, braille, or large 
print.
    (e) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant within 90 days of receipt 
from the Department of the notice required by Sec.  147.7(d). The 
Department may extend this time for good cause.
    (f) Timely appeals shall be accepted and processed by the 
Department.
    (g) The Secretary shall notify the complainant of the results of 
the appeal within 60 days of the receipt of the appeal. If the 
Secretary determines that additional information is needed from the 
complainant, the Secretary shall have 60 days from the date of receipt 
of the additional information to make his or her determination on the 
appeal.
    (h) Individuals who submit a complaint must keep S/OCR updated at 
all times with current contact information, to include address, phone 
number, and working email address. If the Department needs additional 
information and is unable, after reasonable attempts for 30 days, to 
contact a complainant using his or her contact information, it may 
consider the complaint abandoned, and may close the complaint without 
action. A complainant may re-submit a complaint that was closed due to 
the inability of the Department to contact the complainant.
    (i) A Department employee who receives a Section 508 complaint or a 
communication that raises an issue that might reasonably be considered 
a Section 508 complaint, should forward such communication to S/OCR.


Sec.  147.8  Final agency action.

    Either a decision by the Secretary on the merits of a complaint, or 
no notification in writing from the Secretary within 180 days of filing 
the complaint, will a constitute a final agency action and exhaustion 
of the complainant's administrative remedies for purposes of 5 U.S.C. 
701, et seq.


[[Page 32648]]


    Dated: May 9, 2016.
John M. Robinson,
Director, Office of Civil Rights, Department of State.
[FR Doc. 2016-12233 Filed 5-23-16; 8:45 am]
 BILLING CODE 4710-10-P
Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations 32645

(42 U.S.C. 402, 405(a)–(b) and (d)–(h), 416(i), maintenance, and use of electronic and notice of the right to appeal within 90
421(a), (i), and (j), 422(c), 423, 425, and information technology by the days of the complainant’s receipt of the
902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 Department of State. Section 147.3 notice from the Department. The
Stat. 2105, 2189; sec. 202, Pub. L. 108–203, provides the definitions of ‘‘The Department will notify the complainant
118 Stat. 509 (42 U.S.C. 902 note).
Department,’’ ‘‘Section 508’’, ‘‘Section of the results of the appeal within 60
■ 2. Amend appendix 1 to subpart P of 508 complaint’’, and ‘‘the Secretary’’, days of the receipt of the appeal request.
part 404 by revising items 10 and 15 of and adopts the definitions in 36 CFR Section 147.8 provides that a decision
the introductory text before Part A to 1194.4. from the Department on the merits of a
read as follows: Section 147.4 provides that the complaint, or no notification in writing
Department will ensure that its from the Department within 180 days of
Appendix 1 to Subpart P of Part 404—
employees, applicants for employment, filing the complaint, will constitute
Listing of Impairments
and members of the public are provided exhaustion of the complainant’s
* * * * * with adequate notice of the administrative remedies for purposes of
10. Endocrine Disorders (9.00 and 109.00): Department’s obligations under Section
June 8, 2018. 5 U.S.C. 701, et seq. This provision does
508, part 1194, and these rules. not yet have a counterpart in the
* * * * * Sections 147.5 and 147.6 generally
Department’s Section 504 implementing
15. Immune System Disorders (14.00 and reiterate the requirements of Section 508
114.00): June 18, 2018. procedures; however, the Department is
regarding the prohibition against
considering adding a parallel provision
* * * * * discrimination, and the requirement for
to 22 CFR part 144 in the near future.
[FR Doc. 2016–12182 Filed 5–23–16; 8:45 am] ensuring that EIT is accessible (in
BILLING CODE 4191–02–P accordance with part 1194), unless an The Department published a proposed
undue burden would be imposed on the rule on January 4, 2016. See 81 FR 44.
Department—in which case an The Department received one comment
alternative means of access must be in response to the Paperwork Reduction
DEPARTMENT OF STATE
provided. Act notice, expressing support for the
22 CFR Part 147 information collection, and received no
Subpart B—Complaint Procedures comments on the proposed rule.
[Public Notice: 9498] Section 147.7 provides procedures for
Regulatory Analysis
RIN 1400–AD87 filing a complaint under Section 508.
The procedures included therein are Administrative Procedure Act
Electronic and Information Technology substantially the same procedures the
Department has established in The Department of State published
AGENCY: Department of State. this rulemaking as a proposed rule, with
implementing Section 504 of the
ACTION: Final rule. Rehabilitation Act of 1973 (22 CFR part 60-day provision for public comment.
144). The relevant procedures are The final rule will be in effect 30 days
SUMMARY: This rule implements Section after publication.
508 of the Rehabilitation Act (Section repeated in this rulemaking, for
508) for the Department of State. Section convenience. A Section 508 complaint Small Business Regulatory Enforcement
508 requires that when Federal must be filed with the Department’s Fairness Act of 1996
departments and agencies develop, Office of Civil Rights, must be in
writing, and submitted by fax, email, This rule is not a major rule as
procure, maintain, or use electronic and defined by 5 U.S.C. 804 for the purposes
information technology, they shall mail, or hand-delivery. The final,
approved complaint form, designated of Congressional review of agency
ensure that the electronic and rulemaking under the Small Business
information technology is accessible to DS–4282, is accessible and fillable and
is available on the following page: Regulatory Enforcement Fairness Act of
individuals with disabilities who are 1996 (5 U.S.C. 801–808).
Federal employees, applicants for https://eforms.state.gov/
employment, or members of the public. searchform.aspx. The Department’s Unfunded Mandates Reform Act of 1995
analysis and notice pursuant to the
DATES: This rule is effective June 23, This rule will not result in the
Paperwork Reduction Act are included
2016. in the ‘‘Regulatory Analysis,’’ below. expenditure by State, local, or tribal
FOR FURTHER INFORMATION CONTACT: The DS–4282 will be used for governments, in the aggregate, or by the
Alice Kottmyer, Attorney-Adviser, 202– complaints not only under Section 508, private sector, of $100 million in any
647–2318, kottmyeram@state.gov. but under Section 504 and Title VI of year; and it will not significantly or
SUPPLEMENTARY INFORMATION: This rule the Civil Rights Act. This is reflected in uniquely affect small governments.
adds a new part 147, which implements the Paperwork Reduction Act analysis, Therefore, no actions were deemed
Section 508 of the Rehabilitation Act of below. necessary under the provisions of the
1973, as amended (29 U.S.C. 794d) An individual with a disability Unfunded Mandates Reform Act of
(‘‘Section 508’’), as it applies to alleging a violation of Section 508 must 1995.
programs and activities conducted by file a complaint not later than 180 days Executive Order 13175—Consultation
the Department of State (‘‘the after the date the complainant knew, or and Coordination With Indian Tribal
Department’’). should have known, of the alleged Governments
violation of Section 508. Once the
Subpart A—General Provisions Department receives the complaint, it The Department has determined that
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Sections 147.1 and 147.2 provide that must conduct an investigation and, this rulemaking will not have tribal
these rules are intended to implement within 180 days of receiving the implications, will not impose
Section 508, consistent with that statute complaint, shall notify the complainant substantial direct compliance costs on
and the regulations promulgated by the of the results of the investigation in a Indian tribal governments, and will not
Access Board, at 36 CFR part 1194 letter containing findings of fact and pre-empt tribal law. Accordingly, the
(‘‘Part 1194’’). This rule applies to all conclusions of law; a description of a requirements of Executive Order 13175
development, procurement, remedy for each violation found; and a do not apply to this rulemaking.

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32646 Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations

Regulatory Flexibility Act: Small complaint of discrimination under List of Subjects in 22 CFR Part 147
Business Section 508 and other federal statutes Civil rights, Communications
The Department of State certifies that relating to discrimination, as described equipment, Computer technology,
this rulemaking will not have an impact below. Government employees, Individuals
on a substantial number of small 30-Day Notice of Proposed Information with disabilities, Reporting and
entities. A regulatory flexibility analysis Collection: DS–4282, Discrimination recordkeeping requirements,
is not required under the Regulatory Complaint Form Telecommunications.
Flexibility Act (5 U.S.C. 601, et seq.). For the reasons set forth in the
The Department of State has
Executive Order 12866 and Executive submitted the information collection preamble, 22 CFR part 147 is added to
Order 13563 described below to OMB for approval. subchapter O to read as follows:
The Department of State has provided Direct request for additional information PART 147—ELECTRONIC AND
this final rule to the Office of regarding the collection listed herein, INFORMATION TECHNOLOGY
Management and Budget (OMB) for its including requests for copies of the
review. The Department has also proposed collection instrument and Subpart A—General Provisions
reviewed the rule to ensure its supporting documents, to the Office of Sec.
consistency with the regulatory the Legal Adviser (L/M), ATTN: Section 147.1 Purpose.
philosophy and principles set forth in 508 Final Rule, Suite 4325, U.S. 147.2 Application.
Executive Order 12866, and finds that Department of State, 2200 C Street NW., 147.3 Definitions.
the benefits of the rule (in providing Washington DC 20520; email 147.4 Notice.
mechanisms for individuals to submit kottmyeram@state.gov. 147.5 Discrimination prohibited.
• Title of the Collection: Complaint of 147.6 Electronic and information
complaints of discrimination) outweigh
technology requirements.
any costs to the public, which are Discrimination Under Section 504,
minimal. The Department of State has Section 508 or Title VI. Subpart B—Complaint Procedures
also considered this rulemaking in light • OMB Control No.: 1405–0220. 147.7 Filing a Section 508 complaint.
of Executive Order 13563, and affirms • Type of Request: New collection. 147.8 Final agency action.
that this proposed regulation is • Originating Office: Office of Civil Authority: 22 U.S.C. 2651a; 29 U.S.C. 794,
consistent with the guidance therein. Rights, U.S. Department of State. 794d; 36 CFR part 1194.
Executive Order 12988 • Form Number: Form DS–4282,
Discrimination Complaint Form. Subpart A—General Provisions
The Department of State has reviewed • Respondents: This information
this rule in light of Executive Order § 147.1 Purpose.
collection will be used by any Federal
12988 to eliminate ambiguity, minimize employee or member of the public who The purpose of this part is to
litigation, establish clear legal wishes to submit a complaint of implement section 508 of the
standards, and reduce burden. discrimination under Title VI of the Rehabilitation Act of 1973, as amended
Executive Orders 12372 and 13132 Civil Rights Act of 1964 (42 U.S.C. (29 U.S.C. 794d), which requires that
2000d); or Sections 504 or 508 of the when Federal departments and agencies
This rule will not have substantial develop, procure, maintain, or use
direct effect on the states, on the Rehabilitation Act of 1973 (29 U.S.C.
794 and 794d). electronic and information technology,
relationships between the national they shall ensure that the electronic and
government and the states, or on the • Estimated number of respondents
and responses: The Department information technology is accessible to
distribution of power and individuals with disabilities who are
responsibilities among the various estimates a total of 10 respondents, with
one response per respondent, per year. Federal employees, applicants for
levels of government. Therefore, in employment, or members of the public.
accordance with Executive Order 13132, • An estimate of the total annual
it is determined that this rule does not public burden (in hours) associated with § 147.2 Application.
have sufficient federalism implications the collection: The average burden This part applies to all development,
to require consultations or warrant the associated with this information procurement, maintenance, and use of
preparation of a federalism summary collection is estimated to be 1 hour per electronic and information technology
impact statement. Executive Order respondent. Therefore, the Department (EIT), as defined in 36 CFR 1194.4.
12372, regarding intergovernmental estimates the total annual burden for
consultation on federal programs and this information collection to be 10 § 147.3 Definitions.
activities, does not apply to this hours. This part incorporates the definitions
regulation. • Frequency: On occasion. in 36 CFR 1194.4. In addition, as used
• Obligation to Respond: Voluntary. in this part:
Paperwork Reduction Act Abstract of proposed collection: Department means the United States
The information collection contained The form created by this information Department of State and any of its
in this rule is pursuant to the Paperwork collection (DS–4282) will be used to passport agencies or other facilities.
Reduction Act, 44 U.S.C. Chapter 35 present complaints of discrimination Secretary means the Secretary of State
and, although not yet in use, has been under Title VI of the Civil Rights Act of or his or her designee.
assigned an OMB Control Number. The 1964; or Sections 504 or 508 of the Section 508 means section 508 of the
Department submitted an information Rehabilitation Act of 1973 (29 U.S.C. Rehabilitation Act of 1973, codified at
mstockstill on DSK3G9T082PROD with RULES

collection request to OMB for the review 794 and 794d). 29 U.S.C. 794d, Public Law 93–112,
and approval of the Discrimination Methodology: Title V, Section 508, as added Public
Complaint Form, DS–4282, under the The form will be downloaded from Law 99–506, Title VI, Section 603(a),
PRA. https://eforms.state.gov/ Oct. 21, 1986, 100 Stat. 1830, and
This information collection will searchform.aspx. After completion, the amended Public Law 100–630, Title II,
provide a way for employees and form may be submitted by email, mail, Section 206(f), Nov. 7, 1988, 102 Stat.
members of the public to submit a fax, or hand-delivery. 3312; Public Law 102–569, Title V,

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32648 Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations

Dated: May 9, 2016. associated with a Veteran’s claims file Therefore, pursuant to 5 U.S.C. 605(b),
John M. Robinson, for consideration in a specific case. For this rulemaking is exempt from the final
Director, Office of Civil Rights, Department example, as indicated above, an regulatory flexibility analysis
of State. individual seeking additional requirements of section 604.
[FR Doc. 2016–12233 Filed 5–23–16; 8:45 am] information regarding this rulemaking
Executive Orders 12866 and 13563
BILLING CODE 4710–10–P may contact the Board’s Chief Counsel
for Operations, via mail. The Board also Executive Orders 12866 and 13563
distributes a Board of Veterans’ Appeals direct agencies to assess the costs and
Hearing Survey Card, VA Form 0745, benefits of available regulatory
DEPARTMENT OF VETERANS alternatives and, when regulation is
AFFAIRS which allows an appellant to provide
anonymous feedback regarding his or necessary, to select regulatory
38 CFR Parts 14 and 20 her Board hearing. The Board Hearing approaches that maximize net benefits
Survey Card includes an attached (including potential economic,
RIN 2900–AP71 Business Reply Mail envelope environmental, public health and safety
addressed to the Board. Additionally, effects, and other advantages;
Mailing Address of the Board of distributive impacts; and equity).
the Board’s incoming mail includes
Veterans’ Appeals Executive Order 13563 (Improving
various periodicals.
AGENCY: Department of Veterans Affairs. The Board is presently only utilizing Regulation and Regulatory Review)
ACTION: Final rule. centralized mail procedures to process emphasizes the importance of
mail related to appeals, which should be quantifying both costs and benefits,
SUMMARY: The Department of Veterans mailed to the Board’s new post office reducing costs, harmonizing rules, and
Affairs (VA) is amending its regulations box. Other types of mail should promoting flexibility. Executive Order
on representation of claimants and the continue to be mailed to the Board at 12866 (Regulatory Planning and
Rules of Practice of the Board of 810 Vermont Avenue NW., Washington, Review) defines a ‘‘significant
Veterans’ Appeals (Board) to update the DC 20420. VA is amending 38 CFR regulatory action’’ requiring review by
Board’s mailing address and titles of 20.100(c), to distinguish between these OMB, unless OMB waives such review,
certain individuals and offices at the two different mailing addresses for these as ‘‘any regulatory action that is likely
Board to whom mail is addressed. These two different types of mail. to result in a rule that may: (1) Have an
amendments are necessary because of a annual effect on the economy of $100
Administrative Procedure Act million or more or adversely affect in a
mailing address change and to ensure
that correct titles of certain individuals These changes to 38 CFR parts 14 and material way the economy, a sector of
and offices at the Board are reflected in 20 are being published without regard to the economy, productivity, competition,
the regulations. notice-and-comment procedures of 5 jobs, the environment, public health or
DATES: Effective Date: This rule is U.S.C. 553(b) because they involve only safety, or State, local, or tribal
effective May 24, 2016. matters of agency organization, governments or communities; (2) Create
procedure, or practice, which are a serious inconsistency or otherwise
FOR FURTHER INFORMATION CONTACT:
exempted from such procedures by interfere with an action taken or
Donnie R. Hachey, Chief Counsel for planned by another agency; (3)
virtue of 5 U.S.C. 553(b)(A). Further,
Operations, Board of Veterans’ Appeals Materially alter the budgetary impact of
because these changes do not involve
(01C2), Department of Veterans Affairs, entitlements, grants, user fees, or loan
substantive rules, they are not subject to
810 Vermont Avenue NW., Washington, programs or the rights and obligations of
the provisions of 5 U.S.C. 553(d)
DC 20420, (202) 632–4603. (This is not recipients thereof; or (4) Raise novel
providing for a 30-day delay in the
a toll-free number.) legal or policy issues arising out of legal
effective date of substantive rules.
SUPPLEMENTARY INFORMATION: The Board mandates, the President’s priorities, or
is updating its mailing address because Paperwork Reduction Act the principles set forth in this Executive
of new centralized mail procedures. Although this action contains Order.’’
This document amends 38 CFR parts 14 provisions constituting collections of The economic, interagency,
and 20 to update the Board’s mailing information at 38 CFR 20.608, 20.702, budgetary, legal, and policy
address and titles of certain individuals and 20.704, under the provisions of the implications of this regulatory action
and offices to whom mail is addressed. Paperwork Reduction Act of 1995 (44 have been examined, and it has been
The purpose of these revisions is to U.S.C. 3501–3521), no new or proposed determined not to be a significant
ensure that the information contained in revised collections of information are regulatory action under Executive Order
38 CFR parts 14 and 20 is current and associated with this final rule. The 12866. VA’s impact analysis can be
correct. information collection requirements for found as a supporting document at
The new centralized mail procedures §§ 20.608, 20.702, and 20.704 are http://www.regulations.gov, usually
are consistent with paperless VA claims currently approved by the Office of within 48 hours after the rulemaking
and appeals processing. The purpose of Management and Budget (OMB) and document is published. Additionally, a
these procedures is to increase have been assigned OMB control copy of the rulemaking and its impact
efficiency of mail processing. number 2900–0085. analysis are available on VA’s Web site
Centralized mail processing allows at http://www.va.gov/orpm/, by
Board staff to electronically review mail Regulatory Flexibility Act
following the link for ‘‘VA Regulations
related to appeals and upload that mail The Secretary hereby certifies that Published From FY 2004 Through Fiscal
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to a Veteran’s electronic claims file in this final rule will not have a significant Year to Date.’’
the Veterans Benefits Management economic impact on a substantial
System (VBMS). number of small entities as they are Unfunded Mandates
Centralized mail processing allows for defined in the Regulatory Flexibility Act The Unfunded Mandates Reform Act
electronic processing of the Board’s (5 U.S.C. 601–612). This final rule will of 1995 requires, at 2 U.S.C. 1532, that
appeals-related mail. The Board also directly affect only individuals and will agencies prepare an assessment of
receives mail not intended to be not directly affect small entities. anticipated costs and benefits before

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Document Created: 2016-05-24 05:22:02
Document Modified: 2016-05-24 05:22:02
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective June 23, 2016.
Contact		Alice Kottmyer, Attorney-Adviser, 202- 647-2318, [email protected]
FR Citation		81 FR 32645
RIN Number		1400-AD87
CFR Associated		Civil Rights; Communications Equipment; Computer Technology; Government Employees; Individuals with Disabilities; Reporting and Recordkeeping Requirements and Telecommunications