82 FR 12295 - Information and Communication Technology (ICT) Standards and Guidelines
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD Federal Register Volume 82, Issue 40 (March 2, 2017)
Federal Register Volume 82, Issue 40 (March 2, 2017)
| Page Range | 12295-12296 | |
| FR Document | 2017-04059 |
[Federal Register Volume 82, Number 40 (Thursday, March 2, 2017)] [Rules and Regulations] [Pages 12295-12296] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04059] ======================================================================= ----------------------------------------------------------------------- ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD 36 CFR Parts 1193 and 1194 RIN 3014-AA37 Information and Communication Technology (ICT) Standards and Guidelines AGENCY: Architectural and Transportation Barriers Compliance Board. ACTION: Final rule; delay of effective date. ----------------------------------------------------------------------- SUMMARY: The Architectural and Transportation Barriers Compliance Board (Access Board) is briefly postponing the effective date of its recently-promulgated final rule that establishes revised accessibility standards and guidelines for information and communication technology (ICT). The ICT final rule was published in the Federal Register on January 18, 2017, and is scheduled to become effective on March 20, 2017. A brief postponement of this effective date is necessitated by the memorandum from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review'' (Jan. 20, 2017), which generally calls on Federal agencies to delay the effective dates of published, but not-yet-effective, final rules for 60 days from the date of the memorandum. The ICT final rule will take effect on March 21, 2017. DATES: The effective date of the final rule published on January 18, 2017 at 82 FR 5790 is delayed to March 21, 2017. However, compliance with the section 508-based standards is not required until January 18, 2018, which is one year after the final rule's original publication date. Compliance with the section 255-based guidelines is not required until the guidelines are adopted by the Federal Communications Commission. The incorporation by reference of certain publications listed in the final rule published on January 18, 2017 at 82 FR 5790 is approved by the Director of the Federal Register as of March 21, 2017. FOR FURTHER INFORMATION CONTACT: Frances Spiegel, Attorney Advisor, Office of General Counsel, U.S. Access Board, 1331 F Street NW., Suite 1000, Washington, DC 20004-1111. Telephone number: (202) 272-0041. Email address: board.gov">spiegel@access-board.gov. SUPPLEMENTARY INFORMATION: On January 18, 2017, the Access Board issued a final rule that revised and [[Page 12296]] updated, in a single rulemaking, our existing standards for information and technology (ICT) covered by section 508 of the Rehabilitation Act of 1973 (which includes, among other things, ICT developed, procured, maintained, or used by Federal agencies) (hereafter, ``Revised 508 Standards''), and our existing guidelines for telecommunications equipment and customer premises equipment covered by Section 255 of the Communications Act of 1934 (hereafter, ``Revised 255 Guidelines.''). See Information and Communication Technology Standards and Guidelines, 82 FR 5790 (Jan. 18, 2017) (to be codified at 36 CFR parts 1193 and 1194). The published notice for the ICT final rule provided that the rule would take effect on March 20, 2017. Subsequently, on January 20, 2017, the Assistant to the President and Chief of Staff, issued a memorandum entitled ``Regulatory Freeze Pending Review.'' This memorandum instructed Federal departments and agencies, among other things, to temporarily postpone for 60 days (dating from the date of the memorandum) the effective dates of their respective regulations that had been published in the Federal Register but were not yet effective. In accordance with the January 20 memorandum, the Access Board is briefly postponing the effective date of the ICT final rule until March 21, 2017, which represents a one-day delay in the effective date of this final rule relative to its originally-scheduled effective date. There is no change to the substance of the Revised 508 Standards or Revised 255 Guidelines. Nor does this brief postponement of the effective date alter the compliance date for certain ICT covered by the Revised 508 Standards, which remains January 18, 2018 (i.e., one year after original publication date of ICT final rule). Pursuant to the Administrative Procedure Act (APA) (5 U.S.C. 553), the Access Board generally provides interested parties the opportunity to comment on proposed regulations and publishes rules not less than 30 days before their effective dates. However, the APA provides that an agency is not required to conduct notice-and-comment rulemaking or delay effective dates when the agency, for good cause, finds that these procedural requirements would be impracticable, unnecessary, or contrary to the public interest. See 5 U.S.C. 553(b)(B) and (d)(3). Here, a one-day postponement of the effective date of the ICT final rule, as called for in the January 20 memorandum, would neither delay the final rule's implementation to any material degree nor alter the originally-established compliance date for the Revised 508 Standards. Accordingly, because a one-day delay in the effective date of the ICT final rule will have no material impact on its implementation, the Access Board finds that good cause exists to exempt the instant rule from notice-and-comment requirements. See 5 U.S.C. 553(b)(B). Additionally, because a one-day postponement of the ICT final rule's originally-published effective date will have no substantive impact, the instant rule is being made effective upon publication in the Federal Register and, in any event, a 30-day delay in its effective date would be impracticable and unnecessary in these circumstances. See 5 U.S.C. 553(d)(3) (exempting substantive rules from requisite 30-day delay in effective date upon finding of good cause). David M. Capozzi, Executive Director. [FR Doc. 2017-04059 Filed 3-1-17; 8:45 am] BILLING CODE 8150-01-P
![Federal Register / Vol. 82, No. 40 / Thursday, March 2, 2017 / Rules and Regulations 12295
3. Will not affect intrastate aviation in specified compliance time unless it has ARCHITECTURAL AND
Alaska to the extent that it justifies already been accomplished prior to that time. TRANSPORTATION BARRIERS
making a regulatory distinction; and (e) Required Actions COMPLIANCE BOARD
4. Will not have a significant
economic impact, positive or negative, Within 10 hours TIS, and thereafter at 36 CFR Parts 1193 and 1194
on a substantial number of small entities intervals not to exceed 50 hours TIS:
(1) Inspect by tap test each MRB for RIN 3014–AA37
under the criteria of the Regulatory
debonding of the shell.
Flexibility Act. Information and Communication
We prepared an economic evaluation (2) If the shell has debonded in any area,
before further flight, repair any debonding Technology (ICT) Standards and
of the estimated costs to comply with Guidelines
that does not exceed the maximum repair
this AD and placed it in the AD docket.
damage limits, or replace the MRB. AGENCY: Architectural and
List of Subjects in 14 CFR Part 39 Transportation Barriers Compliance
(f) Alternative Methods of Compliance
Air transportation, Aircraft, Aviation (AMOCs) Board.
safety, Incorporation by reference, (1) The Manager, Safety Management ACTION: Final rule; delay of effective
Safety. Group, FAA, may approve AMOCs for this date.
Adoption of the Amendment AD. Send your proposal to: Matt Fuller,
Senior Aviation Safety Engineer, Safety
SUMMARY: The Architectural and
Accordingly, under the authority Transportation Barriers Compliance
Management Group, Rotorcraft Directorate,
delegated to me by the Administrator, FAA, 10101 Hillwood Pkwy., Fort Worth, TX Board (Access Board) is briefly
the FAA amends 14 CFR part 39 as 76177; telephone (817) 222–5110; email 9- postponing the effective date of its
follows: ASW-FTW-AMOC-Requests@faa.gov. recently-promulgated final rule that
(2) For operations conducted under a 14 establishes revised accessibility
PART 39—AIRWORTHINESS standards and guidelines for
CFR part 119 operating certificate or under
DIRECTIVES information and communication
14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or technology (ICT). The ICT final rule was
■ 1. The authority citation for part 39
lacking a principal inspector, the manager of published in the Federal Register on
continues to read as follows:
the local flight standards district office or January 18, 2017, and is scheduled to
Authority: 49 U.S.C. 106(g), 40113, 44701. certificate holding district office, before become effective on March 20, 2017. A
§ 39.13 [Amended] operating any aircraft complying with this brief postponement of this effective date
AD through an AMOC. is necessitated by the memorandum
■ 2. The FAA amends § 39.13 by adding from the Assistant to the President and
the following new airworthiness (g) Additional Information
Chief of Staff, entitled ‘‘Regulatory
directive (AD): (1) Airbus Helicopters Emergency Alert Freeze Pending Review’’ (Jan. 20, 2017),
2017–05–03 Airbus Helicopters Service Bulletin (EASB) BO105–10A–128 for which generally calls on Federal
Deutschland GmbH (Previously Model BO105C, D, and S helicopters and agencies to delay the effective dates of
Eurocopter Deutschland GmbH): EASB BO105 LS–10A–016 for Model BO105 published, but not-yet-effective, final
Amendment 39–18813; Docket No. LS A–3 helicopters, both Revision 0, and
rules for 60 days from the date of the
FAA–2017–0155; Directorate Identifier dated June 16, 2016, which are not
2016–SW–051–AD. memorandum. The ICT final rule will
incorporated by reference, contain additional
take effect on March 21, 2017.
(a) Applicability information about the subject of this final
rule. For service information identified in DATES: The effective date of the final
This AD applies to Airbus Helicopters rule published on January 18, 2017 at 82
this final rule, contact Airbus Helicopters,
Deutschland GmbH Model BO–105C, BO– FR 5790 is delayed to March 21, 2017.
2701 N. Forum Drive, Grand Prairie, TX
105LS A–3, and BO–105S helicopters, However, compliance with the section
certificated in any category, with a main rotor 75052; telephone (972) 641–0000 or (800)
blade (MRB) part number 105–15103, 105– 232–0323; fax (972) 641–3775; or at http:// 508-based standards is not required
15141, 105–15141V001, 105–15143, 105– www.airbushelicopters.com/techpub. You until January 18, 2018, which is one
15150, 105–15150V001, 105–15152, 105– may review a copy of the service information year after the final rule’s original
81013, 105–87214, 1120–15101, or 1120– at the FAA, Office of the Regional Counsel, publication date. Compliance with the
15103 that has less than 200 hours time-in- Southwest Region, 10101 Hillwood Pkwy., section 255-based guidelines is not
service (TIS) since the MRB erosion Room 6N–321, Fort Worth, TX 76177. required until the guidelines are
protective shell (shell) was last replaced, and (2) The subject of this AD is addressed in adopted by the Federal Communications
where the shell was last replaced between European Aviation Safety Agency (EASA) Commission. The incorporation by
December 1, 2010, and February 28, 2015, Emergency AD No. 2016–0118–E, dated June reference of certain publications listed
inclusive or where the most recent date of 17, 2016. You may view the EASA AD on the
replacement of the shell is unknown.
in the final rule published on January
Internet at http://www.regulations.gov by 18, 2017 at 82 FR 5790 is approved by
(b) Unsafe Condition searching for and locating it in Docket No. the Director of the Federal Register as of
This AD defines the unsafe condition as FAA–2017–0155. March 21, 2017.
debonding of the shell of an MRB. This (h) Subject FOR FURTHER INFORMATION CONTACT:
condition could result in loss of the shell in- Frances Spiegel, Attorney Advisor,
flight, which could strike the tailboom or tail Joint Aircraft Service Component (JASC)
Code: 6210 Main Rotor Blade. Office of General Counsel, U.S. Access
rotor, resulting in loss of tail rotor control,
high main rotor vibration, and subsequent Board, 1331 F Street NW., Suite 1000,
pmangrum on DSK3GDR082PROD with RULES
loss of control of the helicopter. Issued in Fort Worth, Texas, on February Washington, DC 20004–1111.
21, 2017. Telephone number: (202) 272–0041.
(c) Effective Date Lance T. Gant, Email address: spiegel@access-
This AD becomes effective March 17, 2017. Manager, Rotorcraft Directorate, Aircraft board.gov.
(d) Compliance Certification Service. SUPPLEMENTARY INFORMATION: On
You are responsible for performing each [FR Doc. 2017–03963 Filed 3–1–17; 8:45 am] January 18, 2017, the Access Board
action required by this AD within the BILLING CODE 4910–13–P issued a final rule that revised and
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![12296 Federal Register / Vol. 82, No. 40 / Thursday, March 2, 2017 / Rules and Regulations
updated, in a single rulemaking, our originally-established compliance date shares recipients. As a result of this
existing standards for information and for the Revised 508 Standards. transfer, the associated IBQ accounts
technology (ICT) covered by section 508 Accordingly, because a one-day delay in will each receive 1,102 lb (0.5 mt) of
of the Rehabilitation Act of 1973 (which the effective date of the ICT final rule IBQ.
includes, among other things, ICT will have no material impact on its DATES: Effective February 28, 2017,
developed, procured, maintained, or implementation, the Access Board finds through December 31, 2017.
used by Federal agencies) (hereafter, that good cause exists to exempt the FOR FURTHER INFORMATION CONTACT:
‘‘Revised 508 Standards’’), and our instant rule from notice-and-comment Sarah McLaughlin, Tom Warren, or
existing guidelines for requirements. See 5 U.S.C. 553(b)(B). Brad McHale, 978–281–9260, or Carrie
telecommunications equipment and Additionally, because a one-day Soltanoff, 301–427–8503.
customer premises equipment covered postponement of the ICT final rule’s
SUPPLEMENTARY INFORMATION:
by Section 255 of the Communications originally-published effective date will
Act of 1934 (hereafter, ‘‘Revised 255 Regulations implemented under the
have no substantive impact, the instant
Guidelines.’’). See Information and authority of the Atlantic Tunas
rule is being made effective upon
Communication Technology Standards Convention Act (ATCA; 16 U.S.C. 971 et
publication in the Federal Register and,
and Guidelines, 82 FR 5790 (Jan. 18, seq.) and the Magnuson-Stevens Fishery
in any event, a 30-day delay in its
2017) (to be codified at 36 CFR parts Conservation and Management Act
effective date would be impracticable
1193 and 1194). The published notice (Magnuson-Stevens Act; 16 U.S.C. 1801
and unnecessary in these circumstances.
for the ICT final rule provided that the et seq.) governing the harvest of BFT by
See 5 U.S.C. 553(d)(3) (exempting
rule would take effect on March 20, persons and vessels subject to U.S.
substantive rules from requisite 30-day
2017. jurisdiction are found at 50 CFR part
delay in effective date upon finding of
Subsequently, on January 20, 2017, 635. Section 635.27 subdivides the U.S.
good cause).
the Assistant to the President and Chief BFT quota recommended by the
of Staff, issued a memorandum entitled David M. Capozzi, International Commission for the
‘‘Regulatory Freeze Pending Review.’’ Executive Director. Conservation of Atlantic Tunas (ICCAT)
This memorandum instructed Federal [FR Doc. 2017–04059 Filed 3–1–17; 8:45 am] among the various domestic fishing
departments and agencies, among other BILLING CODE 8150–01–P
categories, per the allocations
things, to temporarily postpone for 60 established in the 2006 Consolidated
days (dating from the date of the Atlantic Highly Migratory Species
memorandum) the effective dates of Fishery Management Plan (2006
DEPARTMENT OF COMMERCE
their respective regulations that had Consolidated HMS FMP) (71 FR 58058,
been published in the Federal Register National Oceanic and Atmospheric October 2, 2006), as amended by
but were not yet effective. Administration Amendment 7 to the 2006 Consolidated
In accordance with the January 20 HMS FMP (Amendment 7) (79 FR
memorandum, the Access Board is 50 CFR Part 635 71510, December 2, 2014). NMFS is
briefly postponing the effective date of required under ATCA and the
the ICT final rule until March 21, 2017, [Docket Nos. 120328229–4949–02 and Magnuson-Stevens Act to provide U.S.
which represents a one-day delay in the 150121066–5717–02] fishing vessels with a reasonable
effective date of this final rule relative RIN 0648–XF210 opportunity to harvest the ICCAT-
to its originally-scheduled effective recommended quota.
date. There is no change to the Atlantic Highly Migratory Species; Annual Adjustment of the BFT Purse
substance of the Revised 508 Standards Atlantic Bluefin Tuna Fisheries Seine and Reserve Category Quotas
or Revised 255 Guidelines. Nor does
this brief postponement of the effective AGENCY: National Marine Fisheries In 2015, NMFS implemented a final
date alter the compliance date for Service (NMFS), National Oceanic and rule that increased the U.S. BFT quota
certain ICT covered by the Revised 508 Atmospheric Administration (NOAA), and subquotas consistent with ICCAT
Standards, which remains January 18, Commerce. Recommendation 14–05 (80 FR 52198,
2018 (i.e., one year after original ACTION: Temporary rule; annual August 28, 2015). As a result, based on
publication date of ICT final rule). adjustment of Atlantic bluefin tuna the currently codified U.S. quota of
Pursuant to the Administrative Purse Seine and Reserve category 1,058.79 mt (not including the 25 mt
Procedure Act (APA) (5 U.S.C. 553), the quotas; inseason quota transfer from the allocated by ICCAT to the United States
Access Board generally provides Reserve category to the Longline to account for bycatch of BFT in pelagic
interested parties the opportunity to category. longline fisheries in the Northeast
comment on proposed regulations and Distant Gear Restricted Area), the
publishes rules not less than 30 days SUMMARY: NMFS is adjusting the baseline Purse Seine, Longline, and
before their effective dates. However, Atlantic bluefin tuna (BFT) Purse Seine Reserve category quotas are codified as
the APA provides that an agency is not and Reserve category quotas for 2017, as 184.3 mt, 148.3 mt, and 24.8 mt,
required to conduct notice-and- it does annually. NMFS is also respectively. See § 635.27(a).
comment rulemaking or delay effective transferring inseason 45 metric tons (mt) Pursuant to § 635.27(a)(4), NMFS has
dates when the agency, for good cause, of BFT quota from the Reserve category determined the amount of quota
finds that these procedural requirements to the Longline category. This action is available to individual Atlantic Tunas
would be impracticable, unnecessary, or based on consideration of the regulatory Purse Seine category participants in
pmangrum on DSK3GDR082PROD with RULES
contrary to the public interest. See 5 determination criteria regarding 2017, based on their BFT catch
U.S.C. 553(b)(B) and (d)(3). Here, a one- inseason adjustments. NMFS has (landings and dead discards) in 2016. In
day postponement of the effective date decided that the transfer to the Longline accordance with the regulations, NMFS
of the ICT final rule, as called for in the category will be distributed to permitted is making available to each Purse Seine
January 20 memorandum, would neither Atlantic Tunas Longline vessels with category participant either 100 percent,
delay the final rule’s implementation to recent fishing activity, rather than to all 75 percent, 50 percent, or 25 percent of
any material degree nor alter the qualified Individual Bluefin Quota (IBQ) the individual baseline quota
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Document Created: 2017-03-02 00:09:26
Document Modified: 2017-03-02 00:09:26
| 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; delay of effective date. | |
| Dates | The effective date of the final rule published on January 18, 2017 at 82 FR 5790 is delayed to March 21, 2017. However, compliance with the section 508-based standards is not required until January 18, 2018, which is one year after the final rule's original publication date. Compliance with the section 255-based guidelines is not required until the guidelines are adopted by the Federal Communications Commission. The incorporation by reference of certain publications listed in the final rule published on January 18, 2017 at 82 FR 5790 is approved by the Director of the Federal Register as of March 21, 2017. | |
| Contact | Frances Spiegel, Attorney Advisor, Office of General Counsel, U.S. Access Board, 1331 F Street NW., Suite 1000, Washington, DC 20004-1111. Telephone number: (202) 272-0041. | |
| FR Citation | 82 FR 12295 | |
| RIN Number | 3014-AA37 | |
| CFR Citation | 36
CFR
1193 36 CFR 1194 |
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