1. See, e.g., 1 C.F.R. § 51.1(f) (2014) (“Incorporation by reference of a publication is limited to the edition of the publication that is approved [by the Office of Federal Register]. Future amendments or revisions of the publication are not included.”); Office of Mgmt. & Budget, Exec. Office of the President, OMB Circular A-119, Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities (1998); see also Nat’l Archives & Records Admin., Federal Register Document Drafting Handbook, Ch. 6 (April 2014 Revision).
  2. Pursuant to the Twenty-First Century Communications and Video Accessibility Act of 2010, the FCC formed an Emergency Access Advisory Committee. In January 2012, the committee issued an “Emergency Access Advisory Committee (EAAC) Report and Recommendations.” In the report, the committee discussed a number of policy and technical recommendations. These recommendations cover both interim and future action in Emergency Communications (see http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-312161A1.doc). In Appendix C to the report, the committee recommended that terminals offering real-time text conversation support ITU-T Recommendation T.140 and that text conversation be provided according to RFC 4103.
  3. An analogous provision in proposed C203.1 would require telecommunications equipment manufacturers to make content integral to the use of ICT conform to WCAG 2.0 or PDF/UA-1.
  4. OMB is in the process of updating Circular A-119. See Request for Comments on a Proposed Revision of OMB Circular No. A–119, Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities, 79 FR 8207 (proposed Feb. 11, 2014). In its request for comment, OMB stated: “The revised Circular would maintain a strong preference for using voluntary consensus standards in Federal regulation and procurement. It would also acknowledge, however, that there may be some standards not developed using a consensus-driven process that are in use in the market—particularly in the information technology space—and that may be relevant (and necessary) in meeting agency missions and priorities.
  5. General Services Admin., Section 508 Frequently Asked Questions 11 (Jan. 2014) (response to Question B.2.ii), available at http://section508.gov/Section508_FAQs.
  6. Advisory sections and figures that illustrate the technical requirements are available on the Internet at: www.access-board.gov. The advisory sections provide guidance only and do not contain mandatory requirements.
  7. The “C” prefix for Section 255-specific requirements is a shorthand reference to “communications” in ICT, while the “E” prefix for requirements exclusive to the 508 Standards derives from “electronic” in the former regulatory term, E&IT.
  8. Department of Justice, Section 508 Report to the President and Congress: Accessibility of Federal Electronic and Information Technology (Sept. 2012), available at: http://www.ada.gov/508/508_Report.htm.
  9. See, e.g., Graham Harding e al., Photic- and Pattern-Induced Seizures: Expert Consensus of the Epilepsy Foundation of America Working Group, 46 Epilepsia 1426 (2005); Arnold Wilkins, et al., Characterizing the Patterned Images That Precipitate Seizures and Optimizing Guidelines to Prevent Them, 46 Epilepsia 1212 (2005); see also Ofcom, Guidance Notes Section 2: Harm & Offence for Licensees on Flashing Images and Regular Patterns in Television (Issue Ten: July 2012), available at http://stakeholders.ofcom.org.uk/binaries/broadcast/guidance/831193/section2.pdf; Information about Photosensitive Seizure Disorders, Trace Research & Development Center (June 2009), http://trace.wisc.edu/peat/photosensitive.php.
  10. See Request for Comment on Petition for Rulemaking filed by the Telecommunications Industry Association Regarding Hearing Aid Compatibility Volume Control Requirements, 28 FCC Rcd. 10338 (July 19, 2013) (TIA Petition). The comment period on this petition closed in September 2013. Id.
  11. See Accessibility of User Interfaces, and Programming Guides, 78 FR 77210 (Dec. 20, 2013); Report and Order and Further Notice of Proposed Rulemaking, MB Docket No. 12-108, 28 FCC Rcd. 17330 (Oct. 31, 2013) (to be codified at 47 CFR pt. 79) (hereafter, FCC User Interface Accessibility Order).
  12. “Digital apparatus,” as defined by the FCC, encompasses devices or software designed to receive or play back video programming that does not have built-in capacity to access cable programming or services. This term includes: televisions and computers that are not designed to be cable ready; removable media players; mobile devices (such as tablets and smartphones) without pre-installed applications to access cable; and, “video players and user interfaces of video applications, such as Netflix, Hulu, and Amazon, when such applications are pre-installed . . . by the manufacturer.” FCC User Interface Accessibility Order at ¶¶ 2, 39.
  13. 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: http://www.whitehouse.gov/sites/default/files/omb/inforeg/regpol/circular-a-4_regulatory-impact-analysis-a-primer.pdf.
  14. See also Small Business Regulatory Enforcement Fairness Act of 1996, Pub. L. No. 104-121, 110 Stat. 857 (codified at 5 U.S.C. 601 et seq.); E.O. 13272, 67 FR 53,461 (Aug. 16, 2012).
  15. 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 can function as telecommunications equipment and only the modem functions are associated with telecommunications. Therefore, the requirements of the proposed rule apply only to the modem 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.
  16. The U.S. Census Bureau provides detailed information on the National Industry Classification System on the agency’s website. See U.S. Census Bureau, Introduction to NAICS, http://www.census.gov/eos/www/naics/.
  17. SBA provides, on its website, small business size standards for each NAICS code, as well as firm size information based on census data. See, e.g., U.S. Small Business Administration, Table of Small Business Size Standards, https://www.sba.gov/content/small-business-size-standards (last accessed Dec. 15, 2014); Office of Advocacy, SBA, Firm Size Data, https://www.sba.gov/advocacy/firm-size-data (last accessed Dec. 15, 2014).
  18. 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: http://www.regulations.gov/#!documentDetail;D=DOT-OST-2011-0177-0108; see also Preliminary RIA, Sections 6.3, 8.11.
  19. Office of the Federal Register, Incorporation by Reference, 79 FR 66267 (Nov. 7, 2014) (to be codified at 1 CFR Part 51).