83 FR 2912 - Information and Communication Technology (ICT) Standards and Guidelines
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD Federal Register Volume 83, Issue 14 (January 22, 2018)
Federal Register Volume 83, Issue 14 (January 22, 2018)
| Page Range | 2912-2916 | |
| FR Document | 2018-00848 |
[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)] [Rules and Regulations] [Pages 2912-2916] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00848] ======================================================================= ----------------------------------------------------------------------- ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD 36 CFR Part 1194 [Docket No. ATBCB-2015-0002] RIN 3014-AA37 Information and Communication Technology (ICT) Standards and Guidelines AGENCY: Architectural and Transportation Barriers Compliance Board. ACTION: Direct final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: The Architectural and Transportation Barriers Compliance Board (we, Access Board, or Board) is issuing this direct final rule to amend its regulations addressing accessibility requirements for information and communication technology to correct several inadvertent drafting errors in a final rule published in the Federal Register on January 18, 2017. Specifically, this direct final rule corrects two typographical errors and the unintentional deletion of longstanding requirements for TTY compatibility and functionality that have been in place for nearly two decades. These minor amendments neither establish new substantive accessibility requirements, nor impose any costs on regulated entities. The Access Board is issuing these amendments directly as a final rule because we believe they are noncontroversial, unlikely to receive adverse comment, and will prevent confusion. DATES: This direct final rule is effective March 23, 2018, without further action, unless adverse comment is received by February 21, 2018. If timely adverse comment is received, the Access Board will publish a notification of withdrawal of the rule in the Federal Register before the effective date. Such notification may withdraw the direct final rule in whole or in part. ADDRESSES: Submit comments by any one of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. The identifier for this docket is ATBCB-2015-0002. Email: board.gov">docket@access-board.gov. Include ATBCB-2015-0002 in the subject line of the message. Facsimile: 202-272-0081. Mail/Hand Delivery/Courier: Office of Technical and Information Services, [[Page 2913]] Access Board, 1331 F Street NW, Suite 1000, Washington, DC 20004-1111. All comments, including any personal information provided, will be posted without change to http://regulations.gov and available for public viewing. FOR FURTHER INFORMATION CONTACT: Timothy Creagan, Access Board, 1331 F Street NW, Suite 1000, Washington, DC 20004-1111. Telephone: (202) 272- 0016 (voice) or (202) 272-0074 (TTY). Or Bruce Bailey, Access Board, 1331 F Street NW, Suite 1000, Washington, DC 20004-1111. Telephone: (202) 272-0024 (voice) or (202) 272-0070 (TTY). Email: board.gov">508@access-board.gov. SUPPLEMENTARY INFORMATION: Legal Authority Section 508 of the Rehabilitation Act of 1973 (hereafter, ``Section 508''), as amended, mandates that Federal agencies ``develop, procure, maintain, or use'' information and communication technology (ICT) in a manner that ensures Federal employees with disabilities have comparable access to, and use of, such information and data relative to other Federal employees, unless doing so would impose an undue burden. 29 U.S.C. 794d. Section 508 also requires Federal agencies to ensure that members of the public with disabilities have comparable access to publicly-available information and data unless doing so would impose an undue burden on the agency. Id. The Access Board is charged with developing and maintaining standards that establish technical and functional performance criteria for ICT accessibility. 29 U.S.C. 794d(a)(2)(A), (B). Section 255 of the Communications Act of 1934 (hereafter, ``Section 255''), as amended, requires telecommunications equipment and services to be accessible to, and usable by, individuals with disabilities, where readily achievable. 47 U.S.C. 255. ``Readily achievable'' is defined in the statute as ``easily accomplishable and able to be carried out without much difficulty or expense.'' Id. Section 255 tasks the Access Board, in conjunction with the Federal Communications Commission (FCC), with the development of guidelines for the accessibility of telecommunications equipment and customer premises equipment, as well as their periodic review and update. The FCC, however, has exclusive authority under Section 255 to issue implementing regulations and carry out their enforcement. Id. Section 255(f). Purpose of Direct Final Rule On January 18, 2017, the Access Board published a final rule in the Federal Register (82 FR 5790) (hereafter, ``ICT Final Rule''), which revised and updated--in a single rulemaking--the standards for Section 508-covered ICT developed, procured, maintained, or used by Federal agencies (hereafter, ``508 Standards''), as well as the guidelines for telecommunications equipment and customer premises equipment covered by Section 255 (hereafter, ``255 Guidelines''). Because nearly two decades had passed since the original issuance of our then-existing 508 Standards and 255 Guidelines, the ICT Final Rule was aimed at ``refreshing'' these regulations by, among other things, addressing changing technology and harmonizing with ICT accessibility standards that had been developed worldwide in recent years. Subsequently, we discovered several small drafting errors in the ICT Final Rule. These errors included a few typographical errors and the inadvertent deletion of then-existing provisions that require telecommunications products and systems with two-way voice communication capabilities to also provide TTY compatibility and functionality. By this rule, the Access Board corrects these typographical errors and restores mistakenly deleted TTY requirements for ICT with two-way voice communication, albeit with slightly updated organization and wording (with no change in substance) for consistency with the ICT Final Rule. The Access Board is publishing this direct final rule without prior notice and comment. The Administrative Procedure Act permits agencies to publish final rules without prior notice and comment when, for good cause, they determine such procedures are unnecessary. See 5 U.S.C. 553(b)(B). We view the minor, technical corrections in this rule as noncontroversial and do not anticipate adverse comment. Moreover, the public interest is best served by having these corrections without delay to prevent confusion concerning these errors in the ICT Final Rule and ensure that there are no gaps in accessibility requirements for ICT covered by Sections 508 or 255. Accordingly, there is good cause for waiver of prior notice and comment. This direct final rule will take effect on the specified effective date, without further action, unless the Access Board receives adverse comment within the comment period. We consider an adverse comment to be a comment that challenges the propriety of the rule or asserts that it would be ineffective or unacceptable without material change. If the Access Board receives timely adverse comment, we will publish a notification in the Federal Register announcing full or partial withdrawal of this rule. If an adverse comment applies only to one part of this direct final rule, and it is possible to withdraw that part without defeating the purpose of the remaining parts of the rule, we may adopt, as final, those parts of this rule that received no adverse comment. Should the Access Board withdraw this rule due to adverse comment (in whole in part), we may subsequently incorporate such comment(s) into another direct final rule or publish a notice of proposed rulemaking. Discussion of Changes A. Administrative Corrections This direct final rule remedies two typographical errors on the ICT Final Rule. First, the table of contents for appendix A to part 1194 (Section 508 of the Rehabilitation Act: Application and Scoping Requirements) incorrectly lists the title of E205 as ``Content.'' The correct title for this section is ``Electronic Content.'' In this rule, we correct this error by inserting the word ``Electronic'' before ``Content'' in the table of contents entry for E205 in appendix A. Second, also in appendix A to part 1194, there is a mistaken cross- reference in E202.6, Undue Burden or Fundamental Alteration. E202.6 currently reads, in pertinent part: ``Where an agency determines in accordance with E202.5 that conformance to requirements in the Revised 508 Standards would impose an undue burden of would result in a fundamental alternation in the nature of the ICT . . .'' (emphasis added). This text should instead refer to E202.6. This direct final rule revises the cross-reference in the first sentence of E202.6 from ``E202.5'' to ``E202.6.'' B. Restoration of TTY-Related Accessibility Requirements 1. Background The second set of corrections in this direct final rule restores the TTY-related accessibility requirements for ICT with two-way voice communication to the Access Board's 508 Standards and 255 Guidelines. As noted, when the Access Board published the ICT Final Rule in January 2017, ICT with two-way voice communication had long been required to ensure TTY compatibility and functionality. However, as discussed below, a drafting error resulted in these TTY-related accessibility requirements being mistakenly removed from the ICT Final Rule. This direct final rule restores these original TTY-related requirements to the Board's 508 Standards and 255 Guidelines, albeit with minor, non- [[Page 2914]] substantive changes to better align them with the revised organization and language in the ICT Final Rule. Both the original 508 Standards (issued in 2000) and 255 Guidelines (issued in 1998) required telecommunications products and services with two-way voice communication to provide certain TTY-related features, including a connection point for TTY (e.g., RJ-11 connector), a microphone capable of being turned on and off to allow a user to intermix speech and TTY use, and support for cross-manufacturer, non- proprietary standard TTY signal protocols (e.g., Baudot). See, e.g., Electronic and Information Technology Accessibility Standards--Final Rule, 65 FR 80500 (Dec. 21, 2000); Telecommunications Act Accessibility Guidelines--Final Rule, 63 FR 5608 (Feb. 3, 1998); see also 36 CFR part 1194 (2017), appendix D, section D1194.23(a)-(e) (reprinting original 508 Standards published in 2000 as appendix to revised regulations). TTYs (e.g., teletypewriters)--which were developed in the 1970s--allow persons with hearing- or speech-related disabilities to send and receive text communications over telephone networks. In recent years, however, other text-based means of communication have emerged, including simple message service (SMS or text messages) and real-time text (RTT) technology. RTT technology permits the transmission of text in near real-time as each character is typed. SMS messages are not transmitted until the user issues a send function (usually by hitting the ``enter'' key). Like SMS, TTY technology has a significant disadvantage as compared to RTT--namely, to avoid scrambling messages, users must send completed messages on a turn-by- turn basis. This ability to send text transmissions instantly and simultaneously permits more conversational, interactive text-based communications that are akin to telephone conversations, as well as facilitating better communication during emergency situations. As a newer (digital) technology, RTT is directly compatible with wireless and internet protocol-based networks, whereas TTY, as an analog technology, is not. TTY signals have acoustic characteristics that cause them to be corrupted and become unusable with the typical digitization algorithms used for transmitting voice over wireless and IP-based networks. By early 2015, when the Access Board published the notice of proposed rulemaking to ``refresh'' the 508 Standards and 255 Guidelines, RTT technology had matured sufficiently for the Board to propose that RTT supplant TTY as the form of text-based functionality required for ICT with two-way voice communication. See Notice of Proposed Rulemaking--Information and Communication Technology Standards and Guidelines, 80 FR 10880, 10900-10901, 10909 & 10910 (Feb. 27, 2015) (hereafter, ``ICT NPRM''). Most comments received in response to the ICT NPRM were supportive of the Access Board's RTT proposal, though some expressed differing views on the appropriate technical standard for RTT interoperability with certain systems (such as Voice over internet Protocol or ``VoIP'' systems). In May 2016, about one year after the ICT NPRM comment period had closed, the FCC initiated a proceeding (at the behest of several telecommunications companies) to update its accessibility rules to allow telecommunications providers and manufacturers to support RTT in lieu of TTY technology in IP-based telecommunication environments. See Transition from TTY to Real-Time Text Technology--Notice of Proposed Rulemaking, 81 FR 33170 (May 25, 2016). In deference to the FCC's ongoing rulemaking efforts on a regulatory transition from TTY to RTT technology, the Access Board elected to postpone adoption of RTT-related accessibility requirements in the ICT Final Rule. See 82 FR at 5800. Consequently, we removed the proposed requirements for RTT functionality from Chapter 4 of the final rule, and simply reserved section 412.5 in the final rule for future use should the Board subsequently promulgate RTT-related requirements. See 36 CFR part 1194, appendix C, section 412.5. By reserving adoption of RTT-related requirements, the Access Board did not thereby intend to leave a ``gap'' in accessibility requirements to ensure that persons with communication disabilities can use telephone networks. In other words, with the removal and reservation of RTT-related requirements, the TTY-related requirements in the original 508 Standards and 255 Guidelines should have been incorporated into the ICT Final Rule. However, due to a drafting oversight, these existing TTY requirements did not get incorporated into the final rule. As a result, the ICT Final Rule is presently--and unintentionally--silent with respect to TTY functionality requirements for ICT with two-way voice communication. In this direct final rule, the Access Board restores the TTY- related requirements from the original 508 Standards and 255 Guidelines to ensure that, during the pendency of further rulemaking on RTT- related accessibility requirements, persons with communications disabilities will still be able to send and receive text-based communications over telephone networks. Under the ICT Final Rule, Federal agencies were afforded one year from rule publication (i.e., Jan. 18, 2018) to comply with the revised 508 Standards. 82 FR at 5790, 5792 & 5821. The Access Board seeks to restore TTY-related requirements to the 508 Standards prior to this compliance date. The Board is not aware of any Federal agency having relied on the mistaken omission of TTY-related requirements from the ICT Final Rule as authorization to reduce or eliminate TTY functionality on their ICT with two-way voice communication. 2. Amended TTY Requirements As discussed in the preamble to the ICT Final Rule, the revised 508 Standards and 255 Guidelines feature significantly revamped organizational format and wording relative to their predecessor standards and guidelines. See 82 FR at 5790-91. The TTY-related accessibility requirements from the original 508 Standards and 255 Guidelines thus could not simply be reinserted into the revised standards and guidelines using their original wording and section numbering. Consequently, in this direct final rule, the TTY-related requirements from the original 508 Standards and 255 Guidelines have been modestly revised--in minor, non-substantive ways--so that they conform to the updated formatting and terminology used in the ICT Final Rule In summary, this direct final rule incorporates the original TTY- related requirements into the revised 508 Standards and 255 Guidelines as follows. The technical specifications for TTY functionality appear as a new subsection (412.8) to the section that collectively sets forth the technical requirements applicable to ICT with two-way voice communication. We retained the original wording of these reinstated TTY-related requirements to the greatest extent possible; some minor, non-substantive wording changes were needed for consistency with updated terminology used in the ICT Final Rule. Additionally, in the scoping provision for hardware covered by the 255 Guidelines (C204.1), a companion exception has been added that exempts 255-covered hardware from the accessibility requirements in new 412.8.3. This exception mirrors the existing scope of coverage under the original 255 Guidelines. Unlike the [[Page 2915]] original 508 Standards, the original 255 Guidelines do not require the features addressed in 412.8.3--namely, voice mail, auto-attendant, and interactive voice response telecommunications systems--to provide TTY functionality. Compare, e.g., 36 CFR 1193.51(d) (2016) (TTY-related compatibility requirements in original 255 Guidelines) with 36 CFR 1194.23(c), (e) (2016) (specifying, in original 508 Standards, that telecommunications systems for voice mail, auto-attendant, interactive voice response, and caller identification must be compatible with TTYs). Lastly, in consideration of technological advances, we have clarified that the requirements for TTY compatibility (412.8) cover software that provides TTY functionality, as well as stand-alone TTY devices and other hardware. In Table 1 below, we provide a ``cross-walk'' that lists the TTY- related provisions added by the direct final rule and identifies their corresponding provisions in the original 508 Standards and 255 Guidelines. Table 1--Crosswalk of TTY Provisions in the Direct Final Rule and Their Corresponding Provisions in the Original 508 Standards and 255 Guidelines ------------------------------------------------------------------------ Original 255 Original 508 guidelines Direct final rule (new Sec. ) standards (original Sec. (original Sec. ) -----------------------------------------------)------------------------ 412.8................................ 1194.23(a) 1193.51(d) 412.8.1.............................. 1194.23(a) 1193.51(d) 412.8.2.............................. 1194.23(a) 1193.51(d) 412.8.3.............................. 1194.23(b) 1193.51(e) 412.8.4 (Section 508-covered 1194.23(c), (e) n/a hardware) & C204.1, Exception for 412.8.4 (Section 255-covered hardware)........................... ------------------------------------------------------------------------ Regulatory Process Matters A. Regulatory Planning and Review (Executive Orders 12866 and 13563) The Access Board has examined the impact of this direct final rule under Executive Orders 12866 and 13563. These executive orders direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). This rule does not impose any incremental costs or benefits because it makes minor administrative corrections and, on the one substantive matter, merely retains (restores) existing TTY-related requirements for ICT with two-way voice communication that have been in place for nearly two decades. As such, this direct final rule is not a significant regulatory action for purposes of section 3(f) of Executive Order 12866. Additionally, because this direct final rule is a non-significant regulatory action that imposes no costs, it is also exempt from the requirements outlined in Executive Order 13771. See Exec. Order. 13771, 82 FR 9339 (Feb. 3, 2017); OMB, M-17-21, Guidance Implementing Executive Order 13771, Titled ``Reducing Regulation and Controlling Regulatory Costs'' (April 5, 2017). B. Congressional Review Act This direct final rule is not a major rule within the meaning of the Congressional Review Act (5 U.S.C. 801 et seq.). C. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) requires Federal agencies to analyze regulatory options that may assist in minimizing any significant impact of a rule on small businesses and small governmental jurisdictions. See 5 U.S.C. 604, 605(b). Because this direct final rule merely remedies several inadvertent drafting errors in the ICT Final Rule, including the unintentional deletion of longstanding TTY-related accessibility requirements, the Access Board certifies that the rule will not have a significant economic impact on a substantial number of small entities. D. Federalism (Executive Order 13132) The Access Board has analyzed this direct final rule in accordance with the principles and criteria set forth in Executive Order 13132. The Board has determined that this action will not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, does not have Federalism implications. E. Paperwork Reduction Act This direct final rule does not contain any new collections of information or recordkeeping requirements that require OMB approval under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). F. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (codified at 2 U.S.C. 1531 et seq.) (``UMRA'') generally requires that Federal agencies assess the effects of their discretionary regulatory actions that may result in the expenditure of $100 million (adjusted for inflation) or more in any one year by the private sector, or by state, local, and tribal governments in the aggregate. Because this direct final rule is being issued under the good cause exception in the Administrative Procedure Act section 553(b)(B), UMRA's analytical requirements are inapplicable. See 2 U.S.C. 1532(a). List of Subjects in 36 CFR Part 1194 Civil rights, Communications, Communications equipment, Computer technology, Electronic products, Government employees, Government procurement, Incorporation by reference, Individuals with disabilities, Reporting and recordkeeping requirements, Telecommunications. For the reasons stated in the preamble, and under the authority of 47 U.S.C. 255(e), the Board amends 36 CFR part 1194 as follows: PART 1194--INFORMATION AND COMMUNICATION TECHNOLOGY STANDARDS AND GUIDELINES 0 1. The authority citation for part 1194 continues to read as follows: Authority: 29 U.S.C. 794d, 47 U.S.C. 255. Appendix A to Part 1194--[Amended] 0 2. In appendix A to part 1194: 0 a. In the table of contents, remove ``E205 Content'' and add in its place ``E205 Electronic Content''. 0 b. In section E202.6, in the first sentence, remove ``E202.5'' and add in its place ``E202.6''. 0 3. In appendix B to part 1194, revise the exception paragraph following section C204.1 to read as follows: [[Page 2916]] Appendix B to Part 1194--Section 255 of the Communications Act: Application and Scoping Requirements * * * * * C204.1 * * * EXCEPTION: Components of telecommunications equipment and customer premises equipment shall not be required to conform to 402, 407.7, 407.8, 408, 412.8.4, and 415. * * * * * 0 4. In appendix C to part 1194, add sections 412.8, 412.8.1, 412.8.2, 412.8.3, and 412.8.4 in numerical order to read as follows: Appendix C to Part 1194--Functional Performance Criteria and Technical * * * * * 412 ICT With Two-Way Voice Communication * * * * * 412.8 Legacy TTY Support. ICT equipment or systems with two-way voice communication that do not themselves provide TTY functionality shall conform to 412.8. 412.8.1 TTY Connectability. ICT shall include a standard non- acoustic connection point for TTYs. 412.8.2 Voice and Hearing Carry Over. ICT shall provide a microphone capable of being turned on and off to allow the user to intermix speech with TTY use. 412.8.3 Signal Compatibility. ICT shall support all commonly used cross-manufacturer non-proprietary standard TTY signal protocols where the system interoperates with the Public Switched Telephone Network (PSTN). 412.8.4 Voice Mail and Other Messaging Systems. Where provided, voice mail, auto-attendant, interactive voice response, and caller identification systems shall be usable with a TTY. * * * * * Approved by notational vote of the Access Board on January 12, 2018. David M. Capozzi, Executive Director. [FR Doc. 2018-00848 Filed 1-19-18; 8:45 am] BILLING CODE 8150-01-P
![2912 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations
Directive 023–01, which guides the including a Coast Guard commissioned, ARCHITECTURAL AND
Coast Guard in complying with the warrant, or petty officer designated by TRANSPORTATION BARRIERS
National Environmental Policy Act of the Captain of the Port North Carolina COMPLIANCE BOARD
1969 (42 U.S.C. 4321–4370f), and have (COTP) for the enforcement of the safety
determined that this action is one of a zone. 36 CFR Part 1194
category of actions that do not
Captain of the Port means the [Docket No. ATBCB–2015–0002]
individually or cumulatively have a
Commander, Sector North Carolina.
significant effect on the human RIN 3014–AA37
environment. This rule involves a safety Construction crews means persons
zone lasting for 2 hours on 33 separate and vessels involved in support of Information and Communication
days that would prohibit entry into a construction. Technology (ICT) Standards and
portion of Oregon Inlet for bridge (c) Regulations. (1) The general Guidelines
construction. It is categorically excluded regulations governing safety zones in
from further review under paragraph AGENCY: Architectural and
§ 165.23 apply to the area described in Transportation Barriers Compliance
L60 (a) of Appendix A, Table 1 of DHS paragraph (a) of this section.
Instruction Manual 023–01–001–01, Board.
Rev. 01. A Record of Environmental (2) With the exception of construction ACTION: Direct final rule; request for
Consideration supporting this crews, entry into or remaining in this comments.
determination is available in the docket safety zone is prohibited.
where indicated under ADDRESSES. SUMMARY: The Architectural and
(3) All vessels within this safety zone
Transportation Barriers Compliance
G. Protest Activities when this section becomes effective
Board (we, Access Board, or Board) is
must depart the zone immediately. issuing this direct final rule to amend its
The Coast Guard respects the First
Amendment rights of protesters. (4) The Captain of the Port, North regulations addressing accessibility
Protesters are asked to contact the Carolina can be reached through the requirements for information and
person listed in the FOR FURTHER Coast Guard Sector North Carolina communication technology to correct
INFORMATION CONTACT section to Command Duty Officer, Wilmington, several inadvertent drafting errors in a
coordinate protest activities so that your North Carolina at telephone number final rule published in the Federal
message can be received without 910–343–3882. Register on January 18, 2017.
jeopardizing the safety or security of (5) The Coast Guard and designated Specifically, this direct final rule
people, places or vessels. security vessels enforcing the safety corrects two typographical errors and
the unintentional deletion of
List of Subjects in 33 CFR Part 165 zone can be contacted on VHF–FM
longstanding requirements for TTY
marine band radio channel 13 (165.65
Harbors, Marine safety, Navigation compatibility and functionality that
MHz) and channel 16 (156.8 MHz). have been in place for nearly two
(water), Reporting and recordkeeping
requirements, Security measures, (d) Enforcement. The U.S. Coast decades. These minor amendments
Waterways. Guard may be assisted in the patrol and neither establish new substantive
For the reasons discussed in the enforcement of the safety zone by accessibility requirements, nor impose
preamble, the Coast Guard proposes to Federal, State, and local agencies. any costs on regulated entities. The
amend 33 CFR part 165 as follows: (e) Enforcement period. This Access Board is issuing these
regulation will be enforced from January amendments directly as a final rule
PART 165—REGULATED NAVIGATION 29, 2018, through March 24, 2018, with because we believe they are
AREAS AND LIMITED ACCESS AREAS noncontroversial, unlikely to receive
alternate dates of March 25, 2018,
adverse comment, and will prevent
■ 1. The authority citation for part 165 through May 6, 2018.
confusion.
continues to read as follows: (f) Public notification. The Coast
Guard will notify the public of the DATES: This direct final rule is effective
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; March 23, 2018, without further action,
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; specific two hour closures at least 48
unless adverse comment is received by
Department of Homeland Security Delegation hours in advance by transmitting
No. 0170.1.
February 21, 2018. If timely adverse
Broadcast Notice to Mariners via VHF– comment is received, the Access Board
■ 2. Add § 165.T05–0964 to read as FM marine channel 16. will publish a notification of
follows: Dated: January 8, 2018. withdrawal of the rule in the Federal
§ 165.T05–0964 Safety Zone; Oregon Inlet, Bion B. Stewart, Register before the effective date. Such
Dare County, NC. Captain, U.S. Coast Guard Captain of the notification may withdraw the direct
(a) Location. The following area is a Port North Carolina. final rule in whole or in part.
safety zone: all navigable waters of [FR Doc. 2018–00883 Filed 1–19–18; 8:45 am] ADDRESSES: Submit comments by any
Oregon Inlet, from approximate position BILLING CODE 9110–04–P
one of the following methods:
35°46′23″ N, 75°32′18″ W, thence • Federal eRulemaking Portal: http://
southeast to 35°46′18″ N, 75°32′12″ W, www.regulations.gov. Follow the
thence southwest to 35°46′16″ N, instructions for submitting comments.
75°32′16″ W, thence northwest to The identifier for this docket is ATBCB–
2015–0002.
ethrower on DSK3G9T082PROD with RULES
35°46′20″ N, 75°32′23″ W, thence
northeast back to the point of origin • Email: docket@access-board.gov.
(NAD 1983) in Dare County, NC. Include ATBCB–2015–0002 in the
(b) Definitions. As used in this subject line of the message.
section— • Facsimile: 202–272–0081.
Designated representative means a • Mail/Hand Delivery/Courier: Office
Coast Guard Patrol Commander, of Technical and Information Services,
VerDate Sep<11>2014 15:52 Jan 19, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\22JAR1.SGM 22JAR1](https://thefederalregister.org/doc/83_FR_2926/page/1.svg)
![Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 2915
original 508 Standards, the original 255 1194.23(c), (e) (2016) (specifying, in software that provides TTY
Guidelines do not require the features original 508 Standards, that functionality, as well as stand-alone
addressed in 412.8.3—namely, voice telecommunications systems for voice TTY devices and other hardware.
mail, auto-attendant, and interactive mail, auto-attendant, interactive voice In Table 1 below, we provide a ‘‘cross-
voice response telecommunications response, and caller identification must walk’’ that lists the TTY-related
systems—to provide TTY functionality. be compatible with TTYs). Lastly, in provisions added by the direct final rule
Compare, e.g., 36 CFR 1193.51(d) (2016) consideration of technological advances, and identifies their corresponding
(TTY-related compatibility requirements we have clarified that the requirements provisions in the original 508 Standards
in original 255 Guidelines) with 36 CFR for TTY compatibility (412.8) cover and 255 Guidelines.
TABLE 1—CROSSWALK OF TTY PROVISIONS IN THE DIRECT FINAL RULE AND THEIR CORRESPONDING PROVISIONS IN THE
ORIGINAL 508 STANDARDS AND 255 GUIDELINES
Original 508 Original 255
Direct final rule standards guidelines
(new § ) (original § ) (original § )
412.8 .................................................................................................................................................................. 1194.23(a) 1193.51(d)
412.8.1 ............................................................................................................................................................... 1194.23(a) 1193.51(d)
412.8.2 ............................................................................................................................................................... 1194.23(a) 1193.51(d)
412.8.3 ............................................................................................................................................................... 1194.23(b) 1193.51(e)
412.8.4 (Section 508-covered hardware) & C204.1, Exception for 412.8.4 (Section 255-covered hardware) 1194.23(c), (e) n/a
Regulatory Process Matters C. Regulatory Flexibility Act $100 million (adjusted for inflation) or
The Regulatory Flexibility Act (RFA) more in any one year by the private
A. Regulatory Planning and Review sector, or by state, local, and tribal
(Executive Orders 12866 and 13563) requires Federal agencies to analyze
regulatory options that may assist in governments in the aggregate. Because
The Access Board has examined the minimizing any significant impact of a this direct final rule is being issued
impact of this direct final rule under rule on small businesses and small under the good cause exception in the
Executive Orders 12866 and 13563. governmental jurisdictions. See 5 U.S.C. Administrative Procedure Act section
These executive orders direct agencies 604, 605(b). Because this direct final 553(b)(B), UMRA’s analytical
to assess the costs and benefits of rule merely remedies several requirements are inapplicable. See 2
available regulatory alternatives and, if inadvertent drafting errors in the ICT U.S.C. 1532(a).
regulation is necessary, to select Final Rule, including the unintentional List of Subjects in 36 CFR Part 1194
regulatory approaches that maximize deletion of longstanding TTY-related
net benefits (including potential accessibility requirements, the Access Civil rights, Communications,
economic, environmental, public health Board certifies that the rule will not Communications equipment, Computer
and safety effects, distributive impacts, have a significant economic impact on technology, Electronic products,
and equity). This rule does not impose a substantial number of small entities. Government employees, Government
any incremental costs or benefits procurement, Incorporation by
D. Federalism (Executive Order 13132) reference, Individuals with disabilities,
because it makes minor administrative
corrections and, on the one substantive The Access Board has analyzed this Reporting and recordkeeping
matter, merely retains (restores) existing direct final rule in accordance with the requirements, Telecommunications.
TTY-related requirements for ICT with principles and criteria set forth in For the reasons stated in the
two-way voice communication that have Executive Order 13132. The Board has preamble, and under the authority of 47
been in place for nearly two decades. As determined that this action will not U.S.C. 255(e), the Board amends 36 CFR
such, this direct final rule is not a have a substantial direct effect on the part 1194 as follows:
significant regulatory action for States, or the relationship between the
purposes of section 3(f) of Executive Federal Government and the States, or PART 1194—INFORMATION AND
Order 12866. on the distribution of power and COMMUNICATION TECHNOLOGY
responsibilities among the various STANDARDS AND GUIDELINES
Additionally, because this direct final
levels of government, and, therefore,
rule is a non-significant regulatory ■ 1. The authority citation for part 1194
does not have Federalism implications.
action that imposes no costs, it is also continues to read as follows:
exempt from the requirements outlined E. Paperwork Reduction Act
Authority: 29 U.S.C. 794d, 47 U.S.C. 255.
in Executive Order 13771. See Exec. This direct final rule does not contain
Order. 13771, 82 FR 9339 (Feb. 3, 2017); any new collections of information or Appendix A to Part 1194—[Amended]
OMB, M–17–21, Guidance recordkeeping requirements that require
Implementing Executive Order 13771, ■ 2. In appendix A to part 1194:
OMB approval under the Paperwork
Titled ‘‘Reducing Regulation and ■ a. In the table of contents, remove
Reduction Act (44 U.S.C. 3501 et seq.).
Controlling Regulatory Costs’’ (April 5, ‘‘E205 Content’’ and add in its place
2017). F. Unfunded Mandates Reform Act ‘‘E205 Electronic Content’’.
ethrower on DSK3G9T082PROD with RULES
The Unfunded Mandates Reform Act ■ b. In section E202.6, in the first
B. Congressional Review Act sentence, remove ‘‘E202.5’’ and add in
of 1995 (codified at 2 U.S.C. 1531 et
This direct final rule is not a major seq.) (‘‘UMRA’’) generally requires that its place ‘‘E202.6’’.
rule within the meaning of the Federal agencies assess the effects of ■ 3. In appendix B to part 1194, revise
Congressional Review Act (5 U.S.C. 801 their discretionary regulatory actions the exception paragraph following
et seq.). that may result in the expenditure of section C204.1 to read as follows:
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![2916 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations
Appendix B to Part 1194—Section 255 Atmospheric Administration (NOAA), ray did not warrant listing under the
of the Communications Act: Commerce. ESA (82 FR 3694). We solicited
Application and Scoping Requirements ACTION: Final rule. information on the proposed listing
* * * * * determination, the development of
SUMMARY: We, NMFS, announce a final proposed protective regulations, and
C204.1 * * *
EXCEPTION: Components of rule to list the giant manta ray (Manta designation of critical habitat for the
telecommunications equipment and birostris) as threatened under the giant manta ray, and the comment
customer premises equipment shall not be Endangered Species Act (ESA). We have period was open through March 13,
required to conform to 402, 407.7, 407.8, 408, reviewed the status of the giant manta 2017. This final rule provides a
412.8.4, and 415. ray, including efforts being made to discussion of the information we
* * * * * protect this species, and considered received during and after the public
■ 4. In appendix C to part 1194, add public comments submitted on the comment period and our final
sections 412.8, 412.8.1, 412.8.2, 412.8.3, proposed rule as well as new determination on the petition to list the
and 412.8.4 in numerical order to read information received since publication giant manta ray under the ESA.
as follows: of the proposed rule. We have made our
Listing Species Under the Endangered
final determinations based on the best
Appendix C to Part 1194—Functional Species Act
scientific and commercial data
Performance Criteria and Technical available. At this time, we conclude that We are responsible for determining
* * * * * critical habitat is not determinable whether species are threatened or
412 ICT With Two-Way Voice because data sufficient to perform the endangered under the ESA (16 U.S.C.
Communication required analyses are lacking; however, 1531 et seq.). To make this
* * * * * we solicit information on habitat determination, we first consider
412.8 Legacy TTY Support. ICT features and areas in U.S. waters that whether a group of organisms
equipment or systems with two-way voice may meet the definition of critical constitutes a ‘‘species’’ under section 3
communication that do not themselves habitat for the giant manta ray. of the ESA, then whether the status of
provide TTY functionality shall conform to the species qualifies it for listing as
DATES: This final rule is effective
412.8. either threatened or endangered. Section
412.8.1 TTY Connectability. ICT shall February 21, 2018.
3 of the ESA defines species to include
include a standard non-acoustic connection ADDRESSES: Endangered Species
‘‘any subspecies of fish or wildlife or
point for TTYs. Division, NMFS Office of Protected
412.8.2 Voice and Hearing Carry Over. plants, and any distinct population
Resources (F/PR3), 1315 East West segment of any species of vertebrate fish
ICT shall provide a microphone capable of Highway, Silver Spring, MD 20910.
being turned on and off to allow the user to or wildlife which interbreeds when
Copies of the petition, status review mature.’’ On February 7, 1996, NMFS
intermix speech with TTY use.
412.8.3 Signal Compatibility. ICT shall report, and Federal Register notices are and the U.S. Fish and Wildlife Service
support all commonly used cross- available on our website at http:// (USFWS; together, the Services) adopted
manufacturer non-proprietary standard TTY www.fisheries.noaa.gov/pr/species/fish/ a policy describing what constitutes a
signal protocols where the system manta-ray.html. DPS of a taxonomic species (61 FR
interoperates with the Public Switched FOR FURTHER INFORMATION CONTACT:
Telephone Network (PSTN).
4722). The joint DPS policy identified
Maggie Miller, NMFS, Office of two elements that must be considered
412.8.4 Voice Mail and Other Messaging
Protected Resources, (301) 427–8403. when identifying a DPS: (1) The
Systems. Where provided, voice mail, auto-
attendant, interactive voice response, and SUPPLEMENTARY INFORMATION: discreteness of the population segment
caller identification systems shall be usable Background in relation to the remainder of the
with a TTY. species (or subspecies) to which it
* * * * * On November 10, 2015, we received belongs; and (2) the significance of the
a petition from Defenders of Wildlife to population segment to the species (or
Approved by notational vote of the Access list the giant manta ray (M. birostris),
Board on January 12, 2018. subspecies) to which it belongs.
reef manta ray (M. alfredi) and Section 3 of the ESA defines an
David M. Capozzi, Caribbean manta ray (M. c.f. birostris) as endangered species as ‘‘any species
Executive Director. threatened or endangered under the which is in danger of extinction
[FR Doc. 2018–00848 Filed 1–19–18; 8:45 am] ESA throughout their respective ranges, throughout all or a significant portion of
BILLING CODE 8150–01–P or, as an alternative, to list any its range’’ and a threatened species as
identified distinct population segments one ‘‘which is likely to become an
(DPSs) as threatened or endangered. The endangered species within the
DEPARTMENT OF COMMERCE petitioners also requested that critical foreseeable future throughout all or a
habitat be designated concurrently with significant portion of its range.’’ Thus,
National Oceanic and Atmospheric listing under the ESA. We found that in the context of the ESA, the Services
Administration the petitioned action may be warranted interpret an ‘‘endangered species’’ to be
for the giant manta ray and reef manta one that is presently in danger of
50 CFR Part 223 ray and announced the initiation of extinction. A ‘‘threatened species’’ is
[Docket No. 160105011–7999–03] status reviews for these species, but not presently in danger of extinction,
found that the Caribbean manta ray is but is likely to become so in the
RIN 0648–XE390 not a taxonomically valid species or foreseeable future (that is, at a later
subspecies for listing, and explained the time). In other words, the primary
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Endangered and Threatened Wildlife
basis for that finding (81 FR 8874, statutory difference between a
and Plants; Final Rule To List the Giant
February 23, 2016). On January 12, threatened and endangered species is
Manta Ray as Threatened Under the
2017, we published a proposed rule to the timing of when a species is or is
Endangered Species Act
list the giant manta ray as a threatened likely to become in danger of extinction,
AGENCY: National Marine Fisheries species under the ESA and made a 12- either presently (endangered) or in the
Service (NMFS), National Oceanic and month determination that the reef manta foreseeable future (threatened).
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Document Created: 2018-01-23 21:35:52
Document Modified: 2018-01-23 21:35:52
| 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 | Direct final rule; request for comments. | |
| Dates | This direct final rule is effective March 23, 2018, without further action, unless adverse comment is received by February 21, 2018. If timely adverse comment is received, the Access Board will publish a notification of withdrawal of the rule in the Federal Register before the effective date. Such notification may withdraw the direct final rule in whole or in part. | |
| Contact | Timothy Creagan, Access Board, 1331 F Street NW, Suite 1000, Washington, DC 20004-1111. Telephone: (202) 272- 0016 (voice) or (202) 272-0074 (TTY). Or Bruce Bailey, Access Board, 1331 F Street NW, Suite 1000, Washington, DC 20004-1111. Telephone: (202) 272-0024 (voice) or (202) 272-0070 (TTY). Email: [email protected] board.gov. | |
| FR Citation | 83 FR 2912 | |
| RIN Number | 3014-AA37 | |
| CFR Associated | Civil Rights; Communications; Communications Equipment; Computer Technology; Electronic Products; Government Employees; Government Procurement; Incorporation by Reference; Individuals with Disabilities; Reporting and Recordkeeping Requirements and Telecommunications |
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