83 FR 64046 - Information and Communication Technology
DEPARTMENT OF STATE Federal Register Volume 83, Issue 239 (December 13, 2018)
Federal Register Volume 83, Issue 239 (December 13, 2018)
| Page Range | 64046-64047 | |
| FR Document | 2018-26570 |
[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)] [Proposed Rules] [Pages 64046-64047] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26570] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE 22 CFR Part 147 [Public Notice: 10458] RIN 1400-AE35 Information and Communication Technology AGENCY: State Department. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Department of State (the Department) updates and revises the rules that implement Section 508 of the Rehabilitation Act of 1973, consistent with a recent update to accessibility standards from the U.S. Access Board. DATES: The Department will accept comments until February 11, 2019. ADDRESSES: You may submit comments by the method:Internet: At www.Regulations.gov, you can search for the document using the Docket Number: DOS-2018-0029 or using the notice's RIN 1400-AE35. Email: [email protected]--Alice Kottmyer, Attorney- Adviser, Department of State. FOR FURTHER INFORMATION CONTACT: Alice Kottmyer, Attorney Adviser, Office of Management, Office of the Legal Adviser, (202) 647-2318. SUPPLEMENTARY INFORMATION: Background The Department published its rules implementing section 508 of the Rehabilitation Act of 1973, 29 U.S.C. 794d (section 508), in 2016. 81 FR 32645. Section 508 authorizes the Access Board to establish standards for technical and functional performance criteria to ensure that information technologies are accessible and usable by persons with disabilities. In January of 2017, the Access Board published a ``refresh'' of its existing standards and guidelines, which updated accessibility requirements for information and communication technology (ICT) covered by section 508 of the Rehabilitation Act or section 255 of the Communications Act. The rule jointly updated and reorganized the section 508 standards and section 255 guidelines to advance accessibility, facilitate compliance, and harmonize the requirements with other standards in United States and abroad. 82 FR 5832. Federal agencies, however, need only comply with the revised 508 standards (codified at 38 CFR 1194.1 and appendices A, C, and D), whereas the revised section 255 guidelines apply exclusively to telecommunications equipment manufacturers. Why is the Department promulgating this rule? In its ``refresh'', the Access Board, among other things, reorganized the section 508 standards and updated terminology, such as replacing references to ``electronic and information technology'' with ``information and communication technology''. The title of the standards was also changed from ``Electronic and Information Technology Accessibility Standards'', to ``Information and Communication Technology Standards and Guidelines''. The amendments to part 147 proposed in this notice are intended to align the Department's regulations with the Access Board's revised section 508 standards. The Department also proposes adding one new provision (Sec. 147.9), which provides a prohibition against intimidation or retaliation against anyone who files a complaint, furnishes information, or engages in other lawful activities in furtherance of section 508, part 147, or other regulations that implement section 508. Regulatory Findings Administrative Procedure Act This Department is publishing this document as a proposed rule with a 60-day comment period. Regulatory Flexibility Act/Executive Order 13272: Consideration of Small Entities in Agency Rulemaking The Department certifies that this rule will not have a significant economic impact on a substantial number of small entities (small businesses, small nonprofit organizations and small governmental jurisdictions). Unfunded Mandates Reform Act of 1995 Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector. This rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by 5 U.S.C. 804. With this rulemaking, the Department is making changes to terminology to align its rules with those of the Access Board. The Department is aware of no monetary effect on the economy that would result from this rulemaking, nor will there be any increase in costs or prices; or any effect on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign-based companies in domestic and import markets. Executive Order 12866: Regulatory Planning and Review The Department of State does not consider this rule to be a ``significant regulatory action'' under Executive Order 12866, section 3(f). The Department of State has reviewed this rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866. The Department has determined that the benefits of this regulation, i.e., aligning its regulation with the standards promulgated by the Access Board, outweigh any costs. Executive Orders 12372: Intergovernmental Review of Federal Programs and 13132: Federalism This regulation will not have substantial direct effects on the States, [[Page 64047]] on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. The rule will not have federalism implications warranting the application of Executive Orders 12372 and 13132. Executive Order 12988: Civil Justice Reform The Department has reviewed the regulation in light of sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. Executive Order 13563: Improving Regulation and Regulatory Review The Department has considered this rule in light of Executive Order 13563, dated January 18, 2011, and affirms that this regulation is consistent with the guidance therein. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs This proposed rule is not an E.O. 13771 regulatory action because this proposed rule is not significant under E.O. 12866. Paperwork Reduction Act The regulations in 22 CFR part 147 are related to OMB Control Number 1405-0220, which is in effect. This rule does not impose new or revised information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C. Chapter 35. List of Subjects in 22 CFR Part 147 Civil rights, Communications equipment, Computer technology, Government employees, Individuals with disabilities, Reporting and recordkeeping requirements, Telecommunications. For the reasons set forth in the preamble, the Department of State proposes to amend 22 CFR part 147 as follows: PART 147--INFORMATION AND COMMUNICATION TECHNOLOGY 0 1. The authority citation for part 147 continues to read as follows: Authority: 22 U.S.C. 2651a; 29 U.S.C. 794, 794d; 36 CFR part 1194. 0 2. Revise the heading for part 147 as set forth above. Subpart A of Part 147 [Amended] 0 3. In subpart A of part 147: 0 a. Remove ``electronic and information technology'' and add in its place ``information and communication technology'', wherever it occurs. 0 b. Remove the acronym ``EIT'' and add in its place the acronym ``ICT'', wherever it occurs. Sec. 147.2 [Amended] 0 4. In Sec. 147.2, remove ``36 CFR 1194.4'' and add in its place ``E103.4 of appendix A to 36 CFR part 1194.'' 0 5. In Sec. 147.3, revise the introductory text and the definition of ``Section 508.'' Sec. 147.3 Definitions. The Department of State adopts the definitions in E103.4 of appendix A to 36 CFR part 1194. * * * * * Section 508 means section 508 of the Rehabilitation Act of 1973, as amended, codified at 29 U.S.C. 794d. Sec. 147.4 [Amended] 0 6. Amend Sec. 147.4 as follows: 0 a. In paragraph (a), remove ``Electronic and Information Technology Accessibility Standards (36 CFR part 1194)'' and add in its place ``Revised 508 Standards (36 CFR 1194.1 and appendices A, C and D to 36 CFR part 1194).'' 0 b. In paragraph (b), remove ``36 CFR part 1194'' and add in its place ``36 CFR 1194.1.'' Sec. 147.5 [Amended] 0 7. In Sec. 147.5, remove ``EIT Accessibility Standards'' and add in its place ``Revised 508 Standards.'' Sec. 147.6 [Amended] 0 8. Amend Sec. 147.6 as follows: 0 a. In paragraph (b), remove ``Electronic and Information Technology Accessibility Standards, 36 CFR part 1194'' and add in its place ``Revised 508 Standards (36 CFR 1194.1 and appendices A, C and D to 36 CFR part 1194).'' 0 b. In paragraph (c), remove ``36 CFR part 1194'' and add in its place ``36 CFR 1194.1''. 0 c. In paragraph (d), remove ``36 CFR part 1194'' and add in its place ``36 CFR 1194.1''. Sec. 147.7 [Amended] 0 9. Amend Sec. 147.7(b) by removing ``36 CFR part 1194'' and adding in its place ``36 CFR 1194.1''. 0 10. Add Sec. 147.9 to read as follows: Sec. 147.9 Intimidation and retaliation prohibited. No person may discharge, intimidate, retaliate, threaten, coerce or otherwise discriminate against any person because such person has filed a complaint, furnished information, assisted or participated in any manner in an investigation, review, hearing or any other activity related to the administration of, or exercise of authority under, or privilege secured by section 508 and the regulations in this part. Dated: November 26, 2018. Gregory B. Smith, Director, Office of Civil Rights and Chief Diversity Officer. [FR Doc. 2018-26570 Filed 12-12-18; 8:45 am] BILLING CODE 4710-15-P
![64046 Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Proposed Rules
9C0314), submitted by Impossible Office of Management, Office of the Regulatory Findings
Foods, Inc., c/o Exponent, Inc., 1150 Legal Adviser, (202) 647–2318.
Administrative Procedure Act
Connecticut Avenue NW, Suite 1100,
SUPPLEMENTARY INFORMATION: This Department is publishing this
Washington, DC 20036. The petition
proposes to amend the color additive Background document as a proposed rule with a 60-
regulations in part 73 (21 CFR part 73), day comment period.
‘‘Listing of Color Additives Exempt The Department published its rules
Regulatory Flexibility Act/Executive
From Certification,’’ to provide for the implementing section 508 of the
Order 13272: Consideration of Small
safe use of soy leghemoglobin as a color Rehabilitation Act of 1973, 29 U.S.C.
Entities in Agency Rulemaking
additive in plant-based, non-animal 794d (section 508), in 2016. 81 FR
derived ground beef analogue products. 32645. The Department certifies that this rule
The petitioner has claimed that this will not have a significant economic
Section 508 authorizes the Access
action is categorically excluded under impact on a substantial number of small
Board to establish standards for
21 CFR 25.32(k) because soy entities (small businesses, small
technical and functional performance
leghemoglobin would be added directly nonprofit organizations and small
criteria to ensure that information
to food and is intended to remain in governmental jurisdictions).
technologies are accessible and usable
food through ingestion by consumers Unfunded Mandates Reform Act of 1995
by persons with disabilities. In January
and is not intended to replace
of 2017, the Access Board published a Section 202 of the Unfunded
macronutrients in food. In addition, the
‘‘refresh’’ of its existing standards and Mandates Reform Act of 1995, 2 U.S.C.
petitioner has stated that, to their
guidelines, which updated accessibility 1532, generally requires agencies to
knowledge, no extraordinary
circumstances exist. If FDA determines requirements for information and prepare a statement before proposing
a categorical exclusion applies, neither communication technology (ICT) any rule that may result in an annual
an environmental assessment nor an covered by section 508 of the expenditure of $100 million or more by
environmental impact statement is Rehabilitation Act or section 255 of the State, local, or tribal governments, or by
required. If FDA determines a Communications Act. The rule jointly the private sector. This rule will not
categorical exclusion does not apply, we updated and reorganized the section 508 result in any such expenditure, nor will
will request an environmental standards and section 255 guidelines to it significantly or uniquely affect small
assessment and make it available for advance accessibility, facilitate governments.
public inspection. compliance, and harmonize the
requirements with other standards in Small Business Regulatory Enforcement
Dated: December 7, 2018. Fairness Act of 1996
United States and abroad. 82 FR 5832.
Leslie Kux, Federal agencies, however, need only This rule is not a major rule as
Associate Commissioner for Policy. comply with the revised 508 standards defined by 5 U.S.C. 804. With this
[FR Doc. 2018–26949 Filed 12–12–18; 8:45 am] (codified at 38 CFR 1194.1 and rulemaking, the Department is making
BILLING CODE 4164–01–P appendices A, C, and D), whereas the changes to terminology to align its rules
revised section 255 guidelines apply with those of the Access Board. The
exclusively to telecommunications Department is aware of no monetary
DEPARTMENT OF STATE equipment manufacturers. effect on the economy that would result
from this rulemaking, nor will there be
22 CFR Part 147 Why is the Department promulgating any increase in costs or prices; or any
this rule? effect on competition, employment,
[Public Notice: 10458]
In its ‘‘refresh’’, the Access Board, investment, productivity, innovation, or
RIN 1400–AE35
among other things, reorganized the the ability of United States-based
Information and Communication section 508 standards and updated companies to compete with foreign-
Technology terminology, such as replacing based companies in domestic and
references to ‘‘electronic and import markets.
AGENCY: State Department.
information technology’’ with Executive Order 12866: Regulatory
ACTION: Proposed rule. ‘‘information and communication Planning and Review
SUMMARY: The Department of State (the technology’’. The title of the standards
The Department of State does not
Department) updates and revises the was also changed from ‘‘Electronic and
consider this rule to be a ‘‘significant
rules that implement Section 508 of the Information Technology Accessibility
regulatory action’’ under Executive
Rehabilitation Act of 1973, consistent Standards’’, to ‘‘Information and
Order 12866, section 3(f). The
with a recent update to accessibility Communication Technology Standards
Department of State has reviewed this
standards from the U.S. Access Board. and Guidelines’’. rule to ensure its consistency with the
DATES: The Department will accept The amendments to part 147 regulatory philosophy and principles set
comments until February 11, 2019. proposed in this notice are intended to forth in Executive Order 12866. The
ADDRESSES: You may submit comments align the Department’s regulations with Department has determined that the
by the method: the Access Board’s revised section 508 benefits of this regulation, i.e., aligning
• Internet: At www.Regulations.gov, standards. The Department also its regulation with the standards
amozie on DSK3GDR082PROD with PROPOSALS1
you can search for the document using proposes adding one new provision promulgated by the Access Board,
the Docket Number: DOS–2018–0029 or (§ 147.9), which provides a prohibition outweigh any costs.
using the notice’s RIN 1400–AE35. against intimidation or retaliation
• Email: kottmyeram@state.gov— against anyone who files a complaint, Executive Orders 12372:
Alice Kottmyer, Attorney-Adviser, furnishes information, or engages in Intergovernmental Review of Federal
Department of State. other lawful activities in furtherance of Programs and 13132: Federalism
FOR FURTHER INFORMATION CONTACT: section 508, part 147, or other This regulation will not have
Alice Kottmyer, Attorney Adviser, regulations that implement section 508. substantial direct effects on the States,
VerDate Sep<11>2014 16:36 Dec 12, 2018 Jkt 247001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\13DEP1.SGM 13DEP1](https://thefederalregister.org/doc/83_FR_64285/page/1.svg)
![Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Proposed Rules 64047
on the relationship between the national place ‘‘information and communication investigation, review, hearing or any
government and the States, or the technology’’, wherever it occurs. other activity related to the
distribution of power and ■ b. Remove the acronym ‘‘EIT’’ and administration of, or exercise of
responsibilities among the various add in its place the acronym ‘‘ICT’’, authority under, or privilege secured by
levels of government. The rule will not wherever it occurs. section 508 and the regulations in this
have federalism implications warranting part.
the application of Executive Orders § 147.2 [Amended]
Dated: November 26, 2018.
12372 and 13132. ■ 4. In § 147.2, remove ‘‘36 CFR 1194.4’’
and add in its place ‘‘E103.4 of Gregory B. Smith,
Executive Order 12988: Civil Justice appendix A to 36 CFR part 1194.’’ Director, Office of Civil Rights and Chief
Reform ■ 5. In § 147.3, revise the introductory Diversity Officer.
The Department has reviewed the text and the definition of ‘‘Section 508.’’ [FR Doc. 2018–26570 Filed 12–12–18; 8:45 am]
regulation in light of sections 3(a) and BILLING CODE 4710–15–P
§ 147.3 Definitions.
3(b)(2) of Executive Order 12988 to
eliminate ambiguity, minimize The Department of State adopts the
litigation, establish clear legal definitions in E103.4 of appendix A to DEPARTMENT OF THE TREASURY
standards, and reduce burden. 36 CFR part 1194.
* * * * * Alcohol and Tobacco Tax and Trade
Executive Order 13563: Improving Bureau
Section 508 means section 508 of the
Regulation and Regulatory Review
Rehabilitation Act of 1973, as amended,
The Department has considered this codified at 29 U.S.C. 794d. 27 CFR Part 9
rule in light of Executive Order 13563, [Docket No. TTB–2018–0010; Notice No.
dated January 18, 2011, and affirms that § 147.4 [Amended]
179]
this regulation is consistent with the ■ 6. Amend § 147.4 as follows:
guidance therein. ■ a. In paragraph (a), remove RIN 1513–AC41
‘‘Electronic and Information Technology
Executive Order 13771: Reducing Proposed Establishment of the Eastern
Accessibility Standards (36 CFR part
Regulation and Controlling Regulatory Connecticut Highlands Viticultural
1194)’’ and add in its place ‘‘Revised
Costs Area
508 Standards (36 CFR 1194.1 and
This proposed rule is not an E.O. appendices A, C and D to 36 CFR part AGENCY: Alcohol and Tobacco Tax and
13771 regulatory action because this 1194).’’ Trade Bureau, Treasury.
proposed rule is not significant under ■ b. In paragraph (b), remove ‘‘36 CFR ACTION: Notice of proposed rulemaking.
E.O. 12866. part 1194’’ and add in its place ‘‘36 CFR
1194.1.’’ SUMMARY: The Alcohol and Tobacco Tax
Paperwork Reduction Act
and Trade Bureau (TTB) proposes to
The regulations in 22 CFR part 147 § 147.5 [Amended] establish the approximately 1,246
are related to OMB Control Number ■ 7. In § 147.5, remove ‘‘EIT square-mile ‘‘Eastern Connecticut
1405–0220, which is in effect. This rule Accessibility Standards’’ and add in its Highlands’’ viticultural area in all or
does not impose new or revised place ‘‘Revised 508 Standards.’’ portions of Hartford, New Haven,
information collection requirements Tolland, Windham, New London, and
under the provisions of the Paperwork § 147.6 [Amended]
Middlesex Counties in Connecticut. The
Reduction Act, 44 U.S.C. Chapter 35. ■ 8. Amend § 147.6 as follows: proposed viticultural area is not within
■ a. In paragraph (b), remove and does not overlap any other
List of Subjects in 22 CFR Part 147 ‘‘Electronic and Information Technology established AVA. TTB designates
Civil rights, Communications Accessibility Standards, 36 CFR part viticultural areas to allow vintners to
equipment, Computer technology, 1194’’ and add in its place ‘‘Revised 508 better describe the origin of their wines
Government employees, Individuals Standards (36 CFR 1194.1 and and to allow consumers to better
with disabilities, Reporting and appendices A, C and D to 36 CFR part identify wines they may purchase. TTB
recordkeeping requirements, 1194).’’ invites comments on this proposed
Telecommunications. ■ b. In paragraph (c), remove ‘‘36 CFR
addition to its regulations.
For the reasons set forth in the part 1194’’ and add in its place ‘‘36 CFR
DATES: Comments must be received by
preamble, the Department of State 1194.1’’.
February 11, 2019.
proposes to amend 22 CFR part 147 as ■ c. In paragraph (d), remove ‘‘36 CFR
part 1194’’ and add in its place ‘‘36 CFR ADDRESSES: Please send your comments
follows: on this notice to one of the following
1194.1’’.
PART 147—INFORMATION AND addresses:
COMMUNICATION TECHNOLOGY § 147.7 [Amended] • Internet: https://
■ 9. Amend § 147.7(b) by removing ‘‘36 www.regulations.gov (via the online
■ 1. The authority citation for part 147 CFR part 1194’’ and adding in its place comment form for this notice as posted
continues to read as follows: ‘‘36 CFR 1194.1’’. within Docket No. TTB–2018–0010 at
Authority: 22 U.S.C. 2651a; 29 U.S.C. 794, ■ 10. Add § 147.9 to read as follows: ‘‘Regulations.gov,’’ the Federal e-
rulemaking portal);
amozie on DSK3GDR082PROD with PROPOSALS1
794d; 36 CFR part 1194.
§ 147.9 Intimidation and retaliation • U.S. mail: Director, Regulations and
■ 2. Revise the heading for part 147 as prohibited. Rulings Division, Alcohol and Tobacco
set forth above. No person may discharge, intimidate, Tax and Trade Bureau, 1310 G Street
retaliate, threaten, coerce or otherwise NW, Box 12, Washington, DC 20005; or
Subpart A of Part 147 [Amended] discriminate against any person because • Hand delivery/courier in lieu of
■ 3. In subpart A of part 147: such person has filed a complaint, mail: Alcohol and Tobacco Tax and
■ a. Remove ‘‘electronic and furnished information, assisted or Trade Bureau, 1310 G Street NW, Suite
information technology’’ and add in its participated in any manner in an 400, Washington, DC 20005.
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Document Created: 2018-12-13 01:16:19
Document Modified: 2018-12-13 01:16:19
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | The Department will accept comments until February 11, 2019. | |
| Contact | Alice Kottmyer, Attorney Adviser, Office of Management, Office of the Legal Adviser, (202) 647-2318. | |
| FR Citation | 83 FR 64046 | |
| RIN Number | 1400-AE35 | |
| CFR Associated | Civil Rights; Communications Equipment; Computer Technology; Government Employees; Individuals with Disabilities; Reporting and Recordkeeping Requirements and Telecommunications |
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