Final Rule

  1. Subsequently, in 2015, the three European standards bodies issued an updated version of EN 301 549, which contained minor editorial changes only relative to the 2014 version. See ETSI/CEN/CENELEC, EN 301 549 V1.1.2 (2015-04), Accessibility Requirements Suitable for Public Procurement of ICT Products and Services in Europe (Apr. 2015), available at
  2. The existing 508 Standards require that technology provide at least one mode of operation and information retrieval not requiring visual acuity greater than 20/70 in both audio and enlarged print output, working together or independently. 36 CFR § 1194.31(b). The limited vision FPC in the existing 255 Guidelines is similar; it requires that the technology provide a mode that permits operation by users with visual acuity that ranges between 20/70 and 20/200, without relying on audio output. 36 CFR § 1193.41(b).
  3. The Joint Working Group on eAccessibility consists of the three European Standardization Organizations, CEN, CENELEC and ETSI.
  4. For example, the final rule and EN 301 549 vary significantly in their respective levels of specificity of technical requirements for ICT with closed functionality. In EN 301 549, the requirements for software with closed functionality are a subset of the requirements for software that does not have closed functionality (compare, e.g., EN 301 549 Clause 11.2.2 with EN 301 549 11.2.1) and, as such, they fail to offer technical criteria that adequately and unambiguously address closed functionality. The only affirmative requirement for such ICT in EN 301 549 is that it be operable without the use of assistive technology (Clause, which is essentially the definition of closed functionality. EN 301 549 does not require ICT with closed functionality to be speech output enabled (cf. Clause, which is critical for persons with limited vision. The final rule, on the other hand, affirmatively requires ICT with closed to have this critical functionality. See 402.2 (Speech-Output Enabled).
  5. See also Office of Management and Budget, Circular A-4 (2003); Office of Management and Budget, Regulatory Impact Analysis: A Primer 3 (2011), available at
  6. Examples of CPE include wireline and wireless telephones or computers when employed on the premises of a person to originate, route, or terminate telecommunications (e.g., Internet telephony, interconnected VoIP). Only a computer with a modem or internet telephony software can function as telecommunications equipment and only the modem functions are associated with telecommunications. Therefore, the requirements of the final rule apply only to the modem or internet telephony software functions and incidental functions required for turning the computer on and launching the telecommunications programs. All other functions of the computer not related to telecommunications would not be covered, such as word processing or file searching or video conferencing.
  7. The North American Industry Classification System (NAICS) is the standard used by Federal statistical agencies to classify business establishments. The Census Bureau provides detailed NAICS information on the agency’s Web site. See U.S. Census Bureau, Introduction to NAICS, SBA provides, on its Web site, small business size standards for each NAICS code. See U.S. Small Business Administration, Table of Small Business Size Standards, (updated Feb. 26, 2016).
  8. Dept. of Transportation, Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports, 78 FR 67882 (Nov. 12, 2013); Econometrica, Inc., Final Regulatory Analysis on the Final Rule on Accessible Kiosks and Web Sites (Oct. 23, 2013), available at; see also Preliminary RIA, Sections 6.3, 8.11
  9. SUSB employer data is collected and produced by the U.S Census and contains, for each NAICS code, such information as: number of firms, employment figures, estimated annual receipts, and annual payroll. In accordance with Federal law, certain SUSB data elements are “masked” (e.g., receipts for a particular establishment size range) when publication would disclose the identity of individual business establishments. See U.S. Census Bureau, Statistics of U.S Businesses (SUSB) – Methodology, (last revised June 8, 2016); see also 13 U.S.C. 9. As a result, when calculating average per-firm annual receipts presented for each NAICS codes in Table 9 and Table 10, it was occasionally necessary to estimate missing data elements using other available, pertinent data for that NAICS code.