EWG:Draft Nov 27

Editorial Working Group > November 27 Draft

This draft is based on discussions at the November 2007 plenary meetings, and was edited during telephone meetings during November, December and the beginning of January.

It has now been superceded by a new version, created for work during the January 7-9 plenary

Related Pages

• Status Spreadsheet - an overview of the status of the work

Subpart A

Section 1194.1 Purpose

The purpose of this part is to implement section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d) and Section 255 of the Telecommunications Act, 47 U.S.C. 255.

Section 508
Section 508 of the Rehabilitation Act requires that when Federal agencies develop, procure, maintain, or use telecommunications, electronic and information technology, Federal employees with disabilities have access to and use of information and data including communication that are as timely, accurate, complete, and efficient as compared to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data including communication that are as timely, accurate, complete, and efficient as compared to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

Section 255
Pursuant to Section 255 of the Telecommunications Act, this part provides requirements for accessibility, usability, and compatibility of new telecommunications and interconnected voice over Internet protocol (VoIP) products and customer premises equipment (CPE) used to provide telecommunications services or interconnected VoIP service, as well as existing products and CPE that undergo substantial change or upgrade, or for which new releases are distributed. This part does not apply to minor or insubstantial changes to existing products and CPE that do not affect functionality

Text from: Telecommunications §1193.2; FCC Report and Order No. 07-110, released June 15, 2007) – amended to include interconnected VoIP equipment and CPE (new material in italics)

Notes:
(This explanatory material is recommended for inclusion with both versions)

• Timely access means that individuals with disabilities have information and data available to them at the same time as individuals without disabilities, but that does not preclude captions that are slightly delayed or other reasonable differences in timing given individual situations.
• Accurate means that the information and data reflects the intended meaning especially when converted into another form or media.
• Complete means that all critical information and data is present when accessed by assistive technology or converted into another form or media.
• Efficient means that an individual with a disability exerts a reasonably similar or comparable amount of effort (given the capacity of current assistive technology) in using electronic and information technology as compared to an individual without a disability.

Access may be delivered via built-in access features or compatibility with assistive technology as described in the technical requirements specified in Subpart X. It should be noted that the determination of timely, accurate, complete, and efficient will not be a quantifiable measure.

Rationale: Federal procurement officials and other subcommittee members requested the addition of information to help guide them in determining when access to data and information for individuals with disabilities was "comparable" to that available for individuals without disabilities. The subcommittee relied on information from Office of Civil Rights decisions regarding comparable access to identify the critical concepts of "timely, accurate, complete and efficient". The explanatory note was developed to assist in assuring understanding and consistency in application. The subcommittee added the word "communication" to "information and data" to clarify that communication is part of information and data. While this information has been infused into the Purpose section, it could alternatively be added as a new section under Application.

• Status from on November plenary: Could not reach consensus
• Text from Subpart A Subcommittee
• Source: {508}1194.1
• Impact:
• External Reference:

Section 1194.2 Application

(This section has alternate versions for some paragraphs. Rationales are listed at the end of the section)

Current provision:

(a) Products covered by this part shall comply with all applicable provisions of this part. When developing, procuring, maintaining, or using electronic and information technology, each agency shall ensure that the products comply with the applicable provisions of this part, unless an undue burden would be imposed on the agency.

(1) When compliance with the provisions of this part imposes an undue burden, agencies shall provide individuals with disabilities with the information and data involved by an alternative means of access that allows the individual to use the information and data.

(2) When procuring a product, if an agency determines that compliance with any provision of this part imposes an undue burden, the documentation by the agency supporting the procurement shall explain why, and to what extent, compliance with each such provision creates an undue burden.

(b) When procuring a product, each agency shall procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meet some but not all of the standards, the agency must procure the product that best meets the standards.

(c) Except as provided by §1194.3(b), this part applies to electronic and information technology developed, procured, maintained, or used by agencies directly or used by a contractor under a contract with an agency which requires the use of such product, or requires the use, to a significant extent, of such product in the performance of a service or the furnishing of a product.

Version 1: Recommended New Introduction:

In general, this section applies only to the consideration of accessibility in the process of developing, procuring, maintaining, or using electronic and information technology.

Version 2: Alternatives for Paragraph (a)(2) and Paragraph (b)

(a)(2) When developing, procuring, maintaining, or using a product, if an agency determines that compliance with any provision of this part imposes an undue burden, the documentation by the agency supporting the development, procurement, maintenance, or use must explain why, and to what extent, compliance with each such provision creates an undue burden.

(b) When procuring a product, each agency must procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products that meet all of the standards are not commercially available the agency must procure the product that best meets the applicable access standards, given the agency's business needs.

Version 3: Alternative for Paragraph (b)

(b) When procuring a product, each agency must procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards.

Version 4: From Karen P-S

1. Mark entire current draft as applicable to 508

2. Add section for 255

Section 255
Where readily achievable, telecommunications and interconnected VoIP equipment and customer premises equipment must comply with the requirements of (fill in subpart) of this part. Where it is not readily achievable to comply with (fill in subpart'), telecommunications and interconnected VoIP equipment and customer premises equipment must comply with the requirements of (fill in subpart), if readily achievable.

Product design, development and evaluation (for equipment and CPE covered under Section 255)

(a) Manufacturers must evaluate the accessibility, usability, and compatibility of equipment and customer premises equipment used to provide telecommunications and interconnected VoIP services and must incorporate such evaluation throughout product design, development, and fabrication, as early and consistently as possible. Manufacturers must identify barriers to accessibility and usability as part of such a product design and development process.

(b) In development such a process, manufacturers must consider the following factors, as the manufacturer deems appropriate:
(1) Where market research is undertaken, including individuals with disabilities in target populations of such research;
(2) Where product design, testing, pilot demonstrations, and product trials are conducted, including individuals with disabilities in such activities;
(3) Working cooperatively with appropriate disability-related organizations; and
(4) Making reasonable efforts to validate any unproven access solutions through testing with individuals with disabilities or with appropriate disability-related organizations that have established expertise with individuals with disabilities.

Text from: Telecommunications §1193.21 (first paragraph) and Telecommunications §1193.23 (second section). Changes to original text in italics.
Note: there are 3 references to subparts that must be filled in above. The first refers to accessibility provisions and the latter subpart refers to compatibility provisions.

Version 5, addition from Gregg V.

• Prohibited reduction of accessibility, usability and compatibility

(a) For purposes of Section 255, no change must be undertaken which decreases or has the effect of decreasing the net accessibility, usability, or compatibility of telecommunications equipment, interconnected VoIP equipment, or customer premises equipment used with telecommunications or interconnected VoIP services.

(b) Exception: Discontinuation of a product must not be prohibited.

Rationales:

• Rationale for Version 1: Recommended New Introduction: This additional language is intended to clarify that all of the regulations in this section that impact agency procurement procedures, apply only to the consideration of accessibility. The additional language is not intended to provide regulatory direction regarding how agencies consider other factors, such as business and technical needs and requirements, when making an acquisition. The FAR defines procurement parameters for a number of agencies and agencies need to determine how to address accessibility within the parameters of other required procurement considerations and processes. The workgroup has discussed the fact that there have been varying interpretations of how Section 508 should be applied when making an acquisition. In some cases there is the expectation that accessibility should trump agency business needs and other requirements. This language clarifies that accessibility must be determined within the parameters of Section 508, but does not purport to direct agencies as to how to make overall procurement decisions. Agencies are required to consider accessibility within the framework of other regulated procurement practices such as the FAR. Some subcommittee members indicated that this limitation was sufficiently provided via § 1194.1 Purpose and the new language was not necessary.

• Rationale for Version 2: paragraph (a)(2): Undue burden clause in prior regs only applied to procurement. Assumed oversight- revision to clarify the application of undue burden to development, maintenance and use in addition to procurement.

• Rationale for Version 2: paragraph (b): Clarifies the use of “best meets” when products are not commercially available that comprehensively meet each and every standard, but might partially meet one or more individual standards or meet some but not all of the standards. Improves understanding of clause

• Rationale for Version 3: paragraph (b): Defer all procurement decision-making procedures to the Federal Acquisition Regulations (FAR) and/or other governing procurement policies. The Access Board and FAR will be simultaneously considering the 508 regulations. This presents an opportune time for GSA and the Access Board to consider how to ensure best provide guidance for agencies to implement 508 within the procurement process.

Recommendation to the Access Board: Develop supplemental materials to assist in determining what is and is not E&IT.

• Status from on November plenary: Could not reach consensus
• Text from Subpart A Subcommittee
• Source: {508}1194.2
• Impact:
• External Reference:

Section 1194.3 General Exceptions

1194.3 - A - Intelligence Or Security Systems (Consensed)

This part does not apply to any electronic and information technology operated by agencies, the function, operation, or use of which involves intelligence activities, cryptologic activities related to national security, command and control of military forces, equipment that is an integral part of a weapon or weapons system, or systems which are critical to the direct fulfillment of military or intelligence missions. Systems which are critical to the direct fulfillment of military or intelligence missions do not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).

• Status from on November plenary: Done, have consensus, Dec 4 conference call
• Text from Subpart A Subcommittee
• Source: {508}1194.3(a), no change

1194.3 - NEW - Emergency, Field and First Response Use (Discussed Jan 2, No Quorum, No Final Decision)

This part does not apply to any electronic and information technology operated by agencies in a field environment where the function, operation, or use is by a first responder, emergency, security, or law enforcement personnel. This exception does not apply to the agency systems administrative and business applications (including payroll, finance, logistics, and personnel management applications) or any application or system that is intended for use by members of the public.

Rationale: Currently the national security exception directly addresses the accessibility exception for electronic and information technologies used as integral parts of weapons or weapons systems, in command-and-control, cryptological activities, and for direct support of intelligence and military missions. The underlying theme of that exception is often what might be considered emergency, or field conditions, and physical requirements as a prerequisite for employment. These same conditions are met in situations such as first responders, fire-fighters, law-enforcement personnel in the field, etc. Because of this similarity some Federal agencies such as Department of Homeland Security, Department of Justice, some portions of the Department of the Treasury, for example, encounter Section 508 acquisitions situations which mirror those in the national Security exception, but which are uncovered now. This requires that the agencies either apply fundamental alteration exception to such purchases, which is not always the most accurate fit, or conduct the market research and take accessibility requirements in to account during the process for items never to be used by people with disabilities. While Section 508 standards are intended to lower barriers to employment, they are not intended to remove all such barriers where disabilities and performing the job are in practice and reality mutually exclusive. Note, first responders in practice can be Federal employees or members of the public; however this exception is not based upon this status, rather the work to be performed and the location that work is performed.

• Impact:

Economic impact: Low
This exception will lower the analysis level of Federal requiring officials by addressing this specific situation directly, and lower their potential market analysis workload as well. It will not impact industry negatively as it is not a requirement that they must change business practices or products to meet.

• External Reference:

Definition of "first responder": From Homeland Security Presidential Directive 8, (HSPD8), the term "first responder" refers to those individuals who in the early stages of an incident are responsible for the protection and preservation of life, property, evidence, and the environment, including emergency response providers as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C.101), as well as emergency management, public health, clinical care, public works, and other skilled support personnel (such as equipment operators) that provide immediate support services during prevention, response, and recovery operations.
Note: adoption of this provision will require reference of the Definition of First Responder in §1194.4 Definitions.

Comments from CSD/Trace Center
Do NOT accept new emergency and First Response Use (Rationale: this is same as comments listed in why we should not accept the new "Inherently Visual E&IT Assets. It falls in the same category – and is prone to abuse. For example, after 9-11 there were field units that people used to locate their children. This could be interpreted to mean that such units did not need to be accessible – leaving people with disabilities unable to post notices or search for their children. This should be covered by 'undue burden'. Where it is possible and for those disabilities it should apply. For those disabilities that do not make sense, it would not apply. Again the fundamental alteration language should take care of this.)

Notes from Jan 2 conference call
Recommending to not include this exception in the final report.

• Status from on November plenary: Discussed Jan 2, No Quorum, No Final Decision
• Text from Subpart A Subcommittee
• Source: New

1194.3 - B- Incidental To A Contract (Consensed)

This part does not apply to electronic and information technology that is acquired by a contractor incidental to a contract.

• Status from on November plenary: Done, have consensus, Dec 4 conference call
• Text from Subpart A Subcommittee
• Source: {508}1194.3(b), no change

1194.3 - C - Employees Not Individuals With Disabilities (Consensed)

Except as required to comply with the provisions in this part, this part does not require the installation of specific accessibility-related software or the attachment of an assistive technology device at a workstation of a Federal employee who is not an individual with a disability.

Rationale: The subcommittee has determined this provision is clear as written and does not need any changes

• Status from on November plenary: Done, have consensus, Dec 4 conference call
• Text from Subpart A Subcommittee
• Source: {508}1194.3(c), no change

1194.3 - D - Access By Public (Consensed)

When agencies provide access to the public to information or data through electronic and information technology, agencies are not required to make products owned by the agency available for access and use by individuals with disabilities at a location other than that where the electronic and information technology is provided to the public, or to purchase products for access and use by individuals with disabilities at a location other than that where the electronic and information technology is provided to the public.

• Status from on November plenary: Done, have consensus, Dec 4 conference call
• Text from Subpart A Subcommittee
• Source: {508}1194.3(d), no change

1194.3 - E - Fundamental Alteration (Discussed Dec 18, No Consensus)

Version 1
Add a second sentence that includes the issues identified as needing clarification for 508.
For E&IT subject to Section 508, fundamental alteration includes altering specified product requirements or business need and technical infeasibility.

Version 2 (Current Provision)
Keep the current wording with minor edits (must for shall) in sentence one.
This part must not be construed to require a fundamental alteration in the nature of a product or its components.

Rationale for Version 1: This proposed language specifically reminds agencies that their implementation of Section 508 must support both the agency's mission as well as their responsibilities under Section 508. This version also links the fundamental alteration to the agency's specified requirements (if they are able to specify their requirements), or their business need (if they are not able to specify the requirements up front).

Rationale for Version 2: Some TEITAC members indicated the additional language in version 1 is not needed as it is implicit. They recommend keeping the provision as it currently is. The only change is in the word "shall" is replaced with "must".

Comments by Karen PS to be consistent with the telecommunications guidelines
Version 2 (Current Provision)
This section as it was originally written can apply to both Section 508 and 255 and it would be a lot simpler to leave as is.

Comments from CSD/Trace Center
No change to language. (Version 2) Also version 2 can be applicable to both section 255 and 508 while version 1 specifies E&IT, which is only section 508.

Comments from Dec 18 conference call
Karen PS: In section 255 there is an introductory paragraph in the preamble on this. Why not keep the entry one sentence and add information to the preamble.
Peter K: The August 17 draft had different language, using "or the agency" instead of "given the agency". Should we go back to that text?
Gregg V: "business need" is not a defined term. Prefers version 1 use the phrase: "This exception would include instances where it is technically impossible to meet a provision without a fundamental alteration to..."

Language proposed by Karen PS, working from TItle II of ADA, 255 and 508 (from email of 3 Jan)
1194.3-E- Undue Burden For E&IT covered by Section 508, this part shall not be construed to require an undue burden in the nature of a product or its components.

(1) Undue burden means significant difficulty or expense. In determining whether an action would result in an undue burden, an agency must consider all agency resources available to the program or component for which the product is being developed, procured, maintained, or used.
(2) Technical infeasibility, if it is substantiated by empirical evidence or documentation, is one factor in determining whether an action would constitute an undue burden.

1194.3-New - Fundamental Alteration (applicable to both Section 255 and 508)
This part must not be construed to require a fundamental alteration in the nature of a product or its components. A fundamental alteration occurs when the accessibility feature would substantially reduce the functionality of the product, materially render some features inoperable, or substantially impede or deter use of the product.

For E&IT subject to Section 508, in order to claim fundamental alteration, an agency must prove that the development, procurement, maintenance or use of the product in question would substantially or materially interfere with the purpose and function for which the product is being developed, procured, maintained or used. The burden of proof as to whether a product would result in a fundamental alteration rests with the manufacturer or agency asserting this claim.

• Status from on November plenary: Discussed on Dec 18 conference call, no consensus reached
• Text from Subpart A Subcommittee
• Source: {508}1194.3(e)

1194.3 - F - Service Areas (Consensus - will send multiple versions)

Current Provision
Products located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment are not required to comply with this part.

Version 1
Products designed for spaces frequented only for maintenance, repair, or occasional monitoring of equipment and whose controls or interfaces can be executed solely from these spaces are not required to comply with this part. This part does apply to the controls or interfaces of such products where they could be executed externally or remotely.

Version 2
Remove the provision entirely.

Version 3, from Peter K and Brad H
Products whose design limits physical access, and which are only accessed for maintenance, repair, or occasional monitoring are not required to comply with this part. This part does apply to the controls or interfaces of such products where they could be executed externally or remotely.

Rationale for Version 1: Additional wording attempts to restrict this exception to products that are specifically designed to be located in areas frequented only by service personnel rather than covering all products by virtue of their location. It also makes clear that being able to support the system remotely is acceptable.

Rationale for Version 2: Some TEITAC members and subcommittee members recommend the entire exception should be deleted. This recommendation is based on the preference that all products should conform regardless of location and use.

Comments from Dec 18 conference call
Jim T: If use version 1, how would documentation be impacted?
Peter K: Wording became more complex in Sept 3 draft, may want to go back to older version?
Resolved the question of if this was just a reach and touch issue, but is really something that impacts all disabilities
Rex L: Main thrust of Section 508 originally was to get as many people using E&IT by dividing it into two groups, things used by most users vs. things for special use.

Comments from Jan 7 plenary meeting
Agreement reached to send the multiple versions to the Access Board.

• Status from on November plenary: Discussed on Dec 18 conference call, no consensus reached
• Text from Subpart A Subcommittee
• Source: {508}1194.3(f)

1194.3 - NEW - Narrow, Delineated Use (Consensus - no full agreement)

Self-contained, closed products with narrow, delineated personal use (such as calculators, electronic dictionaries, and audio recorders) for which an agency can document readily available specialized products in the commercial marketplace that collectively meet the functional performance criteria (for example: have features such as speech output available on one unit, large visual display available on another, large keys/buttons available on another, etc.) are not required to comply with this part as a whole. Agencies must however provide specialized products with appropriate access features as necessary to meet the needs of end-users with disabilities.

Rationale: Much discussion has transpired regarding the need to address situations where conformance to the technical and performance standards creates access barriers by loading up a single product with multiple access features. For example, requiring all calculators to have speech output, large visual display, enlarged keys, and other access features built-in actually creates access barriers depending on the functional limitations of individuals with disabilities. While some committee members are supportive of creating an exception to address this problem, other do not support pursuing this idea. While much discussion has taken place and alternatives have been explored, such as identifying products as "personal-private" that could be considered as part of a product line (see proposed personal-private definition), consensus has not been reached on a viable approach to addressing the problem.

Comments from CSD/Trace Center
Not accept. (Rationale: Not needed and dangerous. Likely to be abused.)

Comments from Dec 18 conference call
Gregg V: "products with narrow delineated use" is not clearly defined.
Discussion of this exception was handled by both the Subpart A and Closed Products subcommittee. Recommendation that a task force with people from both subcommittees work on rewording of the exception.
Request made to just pass all the information as is to the Access Board.

Comments from Jan 7 plenary meeting
Could not reach agreement, so will send relevant info on this to the Access Board. EWG to determine where in the report it will reside.

• Status from on November plenary: Done, Jan 7 plenary, can not agree, so will provide to Access Board
• Text from Subpart A Subcommittee
• Source: New

1194.3 - NEW – Inherently Visual E&IT Assets (Consensed)

a. There are E&IT deliverables that do not lend themselves to accessibility, nor do they lend themselves to equivalent facilitation because the information they impart is intended to be analyzed using motion, shape, color or other vision-dependent attribute, and/or because they present an ever-changing stream of information. Examples include:

i. Weather simulation imagery that presents a moving visualizations of weather systems (required by National Weather Service)

ii. Modeling and simulation results of physical phenomena that provides information (e.g., electronic sensor data transmitted by ocean buoys to illustrate ocean movement - NOAA, modeling and simulation of blast phenomena - DARPA, US Army

iii. Real-time monitoring by systems that simultaneously provide imagery and electronic reports that can be transmitted via web-enabled methodologies to analysts elsewhere (e.g., container inspection or passenger inspection systems used by U.S. Customs Service)

b. We recommend an exception be created to allow these applications to fall in a recognized are of the standard, rather than requiring stretching the application of some other provision.

Comments from Dec 18 conference call
Exception will be removed. Text will be added as an advisory note to the Fundamental Alteration exception.

• Status from on November plenary: Done, have consensus, Dec 4 conference call
• Text from ITAA
• Source: New

Section 1194.4 Definitions

Agency (Consensed)

Any Federal department or agency, including the United States Postal Service.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Subpart A

Application Software (Consensed)

Software which runs on and makes use of services provided by platform software. This includes "desktop" software bundled with an operating system, personal productivity applications, development tools, Web browsers, and other non-OS software.

NOTE: This term is currently not used in the provisions. If it continues to not be used, it will be removed.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Web and Software Subcommittee.

Assistive Technology (Consensed)

Assistive technology is any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to increase, maintain, or improve functional capabilities of individuals with disabilities. As used in this part, the term includes traditional assistive technology hardware and software along with (mainstream technology used as assistive technology,) virtual assistive technology delivered as a web service and integration of products into a system that provides assistive technology functions which allow individuals with disabilities to access electronic and information technology.

Rationale: Added language clarifying that assistive technology includes web based and integration services.

Note: Abbreviated as "AT"

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Subpart A

Authoring Tools (Discussed Jan 2, No Quorum, No Final Decision)

Any software intended to create or modify content for publication. This definition covers authoring tools which are able to create or modify content in a format such that the format supports compliance with the user interface and content provisions.

Notes from Jan 2 conference call
Recommend EWG work to merge the definition and note information. Above definition is an attempt at this from the meeting. Version with additional work below:

New version proposal, for clarity
Any software intended to create or modify content for publication in one or more formats that support compliance with the user interface and content provisions.

NOTE: Simple text editors that can only create or modify content in conforming formats by directly editing the code are not considered authoring tools under this definition.

Status from on November plenary: Discussed Jan 2, No Quorum, No Final Decision
Text from: Web and Software

CAPTCHA (Consensed)

Initialism for "Completely Automated Public Turing test to tell Computers and Humans Apart"

Note 1: CAPTCHA tests often involve asking the user to type in text that is presented in an obscured image or audio file.
Note 2: A Turing test is any system of tests designed to differentiate a human from a computer. It is named after famed computer scientist Alan Turing. The term was coined by researchers at Carnegie Mellon University.

Status from on November plenary: Done, have consensus, Nov 27 conference call, confirmed Dec 18 conference call
Text from: Web and Software

Captions (Consensed)

Captions are synchronized text equivalents for audio information. Captions are similar to subtitles in that they convey the content of spoken dialog, but also include text for non-spoken information such as important sound effects, music, laughter, and speaker identification and location. Captions should not obscure or obstruct relevant or key information. In some countries captions are called subtitles.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Audio/Visual

Closed Product Functionality (Consensed)

Functionality of a product where assistive technology can not be used to achieve some or all of the functionality of the electronic user interface components for any reason including hardware, software, platform, license, or policy limitation.

• Products can be closed for one type of disability but not closed for another.
• Functionality is limited to "electronic UI components" because products are not considered 'closed' if mechanical devices like latches or lids cannot be operated by assistive technologies like screen readers. Mechanical devices such as keys that cause electronic input would however trigger “closed” designation if assistive technologies could not achieve the same functionality.
• A 'product' can consist of multiple devices some of which may be AT if the devices are all sold and kept together as a unit.
• Policy includes manufacturer, or vendor policies,etc. Agencies are responsibility for agency policies. If important to procurement agencies should reflect requirement as specifications in the RFP. (e.g. "Connection of user devices will not be allowed." or "All peripheral ports must be sealable.")

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Self-Contained/Closed

Content (Discussed Jan 2, No Quorum, No Final Decision)

Information and sensory experience to be communicated to the user by means of software, including but not limited to: text, images, sounds, videos, controls and animations, as well as the encoding that defines the structure, presentation, and interactions associated with those elements. For example: word processing files, presentation files, spreadsheet files, text files, portable document files, web based content, etc.

Notes from Jan 2 conference call
Recommend approve definition as modified in the meeting.

Status from on November plenary: Discussed Jan 2, No Quorum, No Final Decision
Text from: Web and Software

Content Format (Discussed Jan 2, No Quorum, No Final Decision)

An encoding mechanism for storing information.

Note: Examples are HTML, JPEG, SMIL, PDF, etc.

Notes from Jan 2 conference call
Recommend approve definition as is.

Status from on November plenary: Discussed Jan 2, No Quorum, No Final Decision
Text from: Web/Software

Contrast Ratio (Discussed Jan 2, No Quorum, No Final Decision)

The relative luminance of the lighter of the foreground or background colors compared to the relative luminance of the darker of the foreground or background colors.

• (L1 + 0.05) / (L2 + 0.05), where
  • L1 is the relative luminance of the lighter of the foreground or background colors, and
  • L2 is the relative luminance of the darker of the foreground or background colors.

Note 1: Contrast ratios can range from 1 to 21 (commonly written 1:1 to 21:1).

Note 2: For dithered colors, use the average values of the colors that are dithered (average R, average G, and average B).

Note 3: Text can be evaluated with anti-aliasing turned off.

Note 4: Background color is the specified color of content over which the text is to be rendered in normal usage. If no background color is specified, then white is assumed.

Note 5: For text displayed over gradients and background images, authors should ensure that sufficient contrast exists for each part of each character in the content.

Notes from Jan 2 conference call
Recommend approve definition as is.

Status from on November plenary: Discussed Jan 2, No Quorum, No Final Decision
Text from: Web/Software

Customer Premises Equipment (Consensed)

Equipment employed on the premises of a person (other than a carrier) to originate, route, or terminate telecommunications or interconnected VoIP service.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Telecommunications §1193.3
Source: Telecommunications Act of 1996; FCC Order No. 07-110

Decoration (Discussed Jan 2, No Quorum, No Final Decision)

Sensory experience to be communicated to the user that does not convey relevant information, does not have a function, and is included only for aesthetic purposes.

Notes from Jan 2 conference call
Recommend approve definition as is.

Status from on November plenary: Discussed Jan 2, No Quorum, No Final Decision

Text from: Web and Software

Electronic and Information Technology

Includes information technology and any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, or duplication of data or information. The term electronic and information technology includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, multimedia, and office equipment such as copiers and fax machines. The term does not include any equipment that contains embedded information technology that is used as an integral part of the product, but in which information technology is not the principal function of that product.

Explanatory Note
This definition is derived from Clinger-Cohen and cannot be changed. However, this is still an issue for agencies, and TEITAC might want to recommend that Access Board and GSA work together to create advisory notes to help them determine what is (and is not) E&IT

Comments to be resolved:

• (Peter K) It seems to me that by this definition, a copier is NOT E&IT, as the IT is embedded. Is this the intention?
• (Aubrey W) The definition is clear that it does include copiers. Clarification is needed on what the third sentence means.
• (Gregg V) A copier is IT. So is a printer.
• Need to get agreement if the current text is acceptable
• (CSD/Trace Center) Change "not the principal function" to "not a principal function". And add to end "E&IT that is combined with non-E&IT is covered but the coverage does not extend to the non-E&IT" There are too many compound products that are clearly IT with something added. A computer mounted on the door of a refrigerator should count as a computer – but the refrigerator should not be included.
  • Add "Note: A computer mounted on the door of a refrigerator should count as a computer – but the refrigerator should not be included."

Status from on November plenary: Not discussed
Text from: Subpart A
Source: Clinger-Cohen

Enhanced Audio (Discussed Jan 2, No Quorum, No Final Decision)

Audio which has been enhanced through amplification and/or through a variety of audio filters to make it easier for people with hearing impairments to understand.

• The definition was added to support 1.1-E - With Limited Hearing. If rewrite provision, the definition is not needed.

Notes from Jan 2 conference call
Since the provision that uses this is not resolved, not able to consider this definition consensed.

Status from on November plenary: Was "Done, have consensus, Dec 18 conference call" but was raised again in the Jan 2 call, so no longer done.
Text from: General

First Responder (Discussed Jan 2, No Quorum, No Final Decision)

No definition has been provided

• Request definition be added to support new exception.

Notes from Jan 2 conference call
Recommend remove this definition since are recommending to remove the exception.

Status from on November plenary: Discussed Jan 2, No Quorum, No Final Decision
Text from: Subpart A

Free-Standing

Proposed definition from GV
Standing on the floor and not intended to be placed on a table or built into a structure

Example: The kiosk was a free standing device that stood on the carpet in front of the registration desk.

Note: The subcommittee is requesting input on whether this should be defined since it is used in other parts of the ADA regulations and could have impacts there.

Status from on November plenary: Not discussed
Text coming from Hardware

Functional Equivalent to TV Closed Captions (Discussed Jan 2, No Quorum, No Final Decision)

User-controllable features equivalent to CEA 708 display of caption text must comply with 3.B (Contrast), 3.E (Color Adjustment), and 1.2.J (Text size) directly or through assistive technology in order to provide a functional equivalent of the primary FCC user-controllable features.

Revision proposed by GV and Larry Goldberg
User-controllable features equivalent to CEA 708 display of caption text that comply with 3.B (Contrast), 3.E (Color Adjustment), and 1.2.J (Text size).

Rationale: The "via AT" aspect moved into the definition probably during the discussion where we trying to make the "functional equivalence" work for TV as well as mobile devices and software media players. But I think it no longer has meaning once the other provisions were refined.

Notes from Jan 2 conference call
Unable to reach any agreement. Recommend definition be discussed at next meeting.

Revision proposed for discussion (Andrew K ++)
Synchronized text displayed on-screen that reflects the audio of a program.

Note: Functionality to provide user-choices for background and foreground color adjustment or contrast, and text size for captions may also be provided, as allowed by the product.

Status from on November plenary: Discussed Jan 2, No Quorum, No Final Decision
Text from Audio/Visual

General Flash and Red Flash Thresholds (Discussed Jan 2, No Quorum, No Final Decision)

A sequence of flashes or rapidly changing image sequences where all three of the following are true:

1. There are more than 3 General Flashes and/or more than 3 Red Flashes within any one-second period; and
2. The flashing is below 50 Hz; and
3. The combined area of flashes occurring concurrently occupies more than a total of 0.006 steradians within any 10 degree visual field on the screen (25% of any 10 degree visual field on the screen) at typical viewing distance, and where:

• a. For software and content: A General Flash is defined as a pair of opposing changes in relative luminance of 10% or more of the maximum relative luminance where the relative luminance of the darker image is below 0.80; and where "a pair of opposing changes" is an increase followed by a decrease, or a decrease followed by an increase, and

• b. For hardware: A General Flash is defined as a pair of opposing changes in luminance of 20 candellas/m2 and where “a pair of opposing changes” is an increase followed by a decrease, or a decrease followed by an increase, and

• c. A Red Flash is defined as any pair of opposing transitions involving a saturated red.

Exception: Flashing that is a fine balanced alternating such as white noise or an alternating checkerboard-like pattern with "squares" smaller than 0.1 degree on a side does not violate the thresholds.

Note 1: For general software or Web content, using a 341 x 256 pixel rectangle anywhere on the displayed screen area when the content is viewed at 1024 x 768 pixels will provide a good estimate of a 10 degree visual field for standard screen sizes and viewing distances (e.g. 15-17 inch screen at 22-26 inches). (Higher resolution displays showing the same rendering of the content yield smaller and safer images so it is lower resolutions that are used to define the thresholds.)

Note 2: A transition is the change in relative luminance (or relative luminance/color for red flashing) between adjacent peaks and valleys in a plot of relative luminance (or relative luminance/color for red flashing) measurement against time. A flash consists of two opposing transitions.

Note 3: For general software, or Web content: The current working definition in the field for "pair of opposing transitions involving a saturated red" is where, for either or both states involved in each transition, R/(R+ G + B) >= 0.8, and the change in the value of (R-G-B)x320 is > 20 (negative values of (R-G-B)x320 are set to zero) for both transitions. R, G, B values range from 0-1 as specified in "relative luminance" definition. (Harding and Binnie 2002)

Note 4: For general software, or Web content: Tools are available that will carry out analysis from video screen capture.

Note 5: No tool is necessary to evaluate for this condition if flashing is less than or equal to 3 flashes in any one second or greater than 50Hz. Content automatically passes (see #1 and #2 above).

Note 6: 50Hz is used to coincide with the AC line frequency in Europe and other countries. However almost half of the photosensitive population is susceptible to 50Hz flashing whereas only 15% are susceptible to 60Hz. 75Hz or higher is recommended where possible.

Note 7: To fail, the threshold change in luminance (or relative luminance) must be true for all points within the .006 steradians. (It is not the average value.)

Notes from Jan 2 conference call
Recommend approving definition as is.

After Jan 2 call - Additions for hardware added. Shown in italics to make it easier to read this once, without comparing two very technical versions.

• Status from on November plenary: Discussed Jan 2, No Quorum, No Final Decision

Text from: Web/Software

Information Technology

Any equipment or interconnected system or subsystem of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. The term information technology includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources.

Comment from GV - not used except in phrase "electronic and information technology" which has its own definition. So Information Technology should be dropped from Definitions since it isn't used in any provisions.

Status from on November plenary: Not discussed
Text from: Subpart A

Interactive Elements

Proposed defintion from GV
Elements of the user interface that are acted on by the user.

• Since this term is used in multiple places, it must be defined.

Status from on November plenary: Not discussed
Text coming from A/V Subcommittee

Interconnected Voice over Internet Protocol (VoIP) Product (Consensed)

A product that is used to provide interconnected VoIP service

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: FCC regulations 47 C.F.R. §9.3

Interconnected Voice over Internet Protocol (VoIP) Service (Consensed)

A service that:

1. Enables real-time, two-way voice communications;
2. Requires a broadband connection from the user's location;
3. Requires Internet protocol-compatible customer premises equipment; and
4. Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: FCC regulations 47 C.F.R. §9.3

Keyboard (Consensed)

A set of systematically arranged keys by which a machine or device is operated and alphanumeric input is provided such as a computer keyboard, a cell-phone keypad, or a television remote control that can generate alphanumeric input. Tactilely discernable keys that are used in conjunction with the main cluster of keys are included in the definition of keyboard as long as their function also maps to keys on any keyboard interfaces.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Web and Software

Keyboard Interface (Consensed)

A means for accepting input from a keyboard. For software, this would be the ability to accept keyboard input from the operating system including on-screen keyboards. For hardware this would be the ability to connect a keyboard via wired or wireless connection.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Web and Software

Large Scale Text (Consensed)

At least 18 point or 14 point bold

Note 1: Fonts with extraordinarily thin strokes or unusual features and characteristics that reduce the familiarity of their letter forms are harder to read, especially at lower contrast levels.

Note 2: Font size is the size when the content is delivered. It does not include resizing that may be done by a user.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Web/Software

Manufacturer

A manufacturer of telecommunications or VoIP equipment or customer premises equipment that sells to the public or to vendors that sell to the public; a final assembler.

• Requested this definition be added to support Section 255.
• (GV) Change so that it is not limited to VOIP since it is used more generally in the provisions and this would limit all those provisions.

Status from on November plenary: Not discussed
Text from: Telecommunications §1193.3
Source: Telecommunications Act of 1996; FCC Order No. 07-110

Menu

Set of selectable options.

Comments to be resolved:

• (Peter K) this needs to be scoped, perhaps just to telecom or “audio menus”. As it reads now, things like a collection of radio buttons would be considered a menu. Also, where is this term used in 508? three things to consider: instead of “Set of selectable options”, what about “Presentation of a set of selectable options”, or “Presentation of a set of user-selectable options”. But in either case, we should note that this is an audio/aural presentations
• (Gregg V) Menu is used in a number of places. We need to be careful of each one.
• (CSD/Trace Center) Agree with Peter K and Gregg V comments. Menu is used in 2 places: 3-CC advisory note example referring to software menus and in 4-C to refer to menu's on television display like device. No suggested text.

• This was discussed at the November plenary and the term removed from provision 6C - Interactive Elements, but the term is still used and the definition can not be removed as proposed.

Status from on November plenary: Discussed but not completed
Text from: Telecommunications
Source: HFES 200

Non-text Object (Consensed)

Any object that is not a sequence of characters that can be programmatically determined or where the sequence is not expressing something in human language

Note: This includes, but is not limited to, ASCII Art (which is a pattern of characters), emoticons, leetspeak (which is character substitution), and images representing text.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Web/Software

Other Services To Cooperate With Assistive Technologies (Consensed)

A method, other than the platform accessibility services, used to interoperate with assistive technologies.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Web and Software

Peak Non-crisis Network Traffic (Consensed)

The peak measured network traffic excluding disasters and other crises, or the peak traffic the system is designed to handle.

NOTE: This term is currently not used in the provisions. If it continues to not be used, it will be removed.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Telecommunications

Peripheral Devices

Devices employed in connection with telecommunications or VoIP equipment or customer premises equipment to translate, enhance, or otherwise transform telecommunications or VoIP services into a form accessible to individuals with disabilities

• Requested this definition be added to support Section 255.

Status from on November plenary: Not discussed
Text from: Telecommunications §1193.3
Source: Telecommunications Act of 1996; FCC Order No. 07-110

Platform Accessibility Services (Consensed)

Services provided by a platform enabling interoperability with assistive technology, commonly in the form of accessibility APIs (application programming interfaces)

NOTE: This term is currently not used in the provisions. If it continues to not be used, it will be removed.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Web/Software

Platform Software (Consensed)

Collection of software components that runs on an underlying software or hardware layer, and that provides a set of software services to applications which allows them to be isolated from the underlying software or hardware layer.

Note 1: For our purposes, it is those software components/services provided to applications for the creation or manipulation of user interfaces and user input - that impact accessibility - which are of concern for whether something is a platform or not. An application offering a compute service, such as a 3d rendering engine where a requesting application isn't using the software components/services to create a user interface and interact with the user, should not be considered a "platform".

Note 2: If applications typically connect directly to the underlying layer, rather than relying solely on the platform software components and services, then it is likely that the software components in the middle are not acting as a "platform". For example, a program which hosts plug-in's is not a platform if the plug-in can directly access the underlying layer.

Note 3: A particular software component may play the role of a platform in some situations and not in others. Platforms can include such things as Internet browsers, operating systems, plug-ins to internet browsers or other software applications, and under some situations, byte-code interpreted virtual environments, and other "programming within another programming" environments.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Web/Software

Programatically Determinable

Can be determined by software from data provided in a user-agent-supported manner such that various user agents including assistive technologies can extract and present this information to users in different modalities.

Comments to be resolved:

• The term used in the provisions is "programatically determinable"
• EWG note: actually "determined" is used twice, "determinable" is used once in 3-P - User Interface Components.
• GV: This definition is currently ambiguous and will lead to endless discussion as to whether it means users can use AT to access software or not. Suggest a note be added to make it clear what the Committee’s intention is. There are two positions that I know of for the note. If there are more they should be added before discussion. But they should be clearly worded and un-ambiguous as to the meaning. Up to now we have gotten agreement by wording things so that everyone was interpreting it differently. Which is not agreement since the final language can't be such that it is not unambiguous or else many of our provisions are untestable. We need to add either note 1 or note 2 depending on the consensus of the group.
  • Version 1 of the note: Programmatically determinable means that information about the product's user interface can be determined by existing assistive technologies (that is, AT generally available to users).
  • Version 2 of the note: Note: Programmatically determinable means that it can be determined through a software interface. It does not require that this interface be in use by any assistive technology (AT) generally available to users. An API that exposes information is sufficient in itself to meet this provision even if AT does not currently work with it.

Status from on November plenary: Not discussed
Text from: Web/Software

Readily Achievable (Consensed)

Easily accomplishable and able to be carried out without much difficulty or expense.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Telecommunications §1193.3 (no change)
Source: Telecommunications Act of 1996

Real-time Text

Communications that employ the transmission of text wherein the characters are transmitted by a terminal within a maximum of 1 second of character input. This would typically be for conversational purposes but also may be used in voicemail, IVR and other similar applications.

Comments to be resolved:

• (Peter K) Do we need "by a terminal"
• (Gregg V) I believe that phrase was included to prevent the 1 second from being applied to things that retransmit the text enroute.
• (CSD/Trace Center) After the word "terminal" add "(hardware or software)" to clarify since that is how it is used in the provisions.

Status from on November plenary: Not discussed
Text from: Telecommunications

Relative Luminance

The relative perceived brightness of any point, normalized to 0 for black and 1 for maximum white

Notes:
The relative luminance of an sRGB color is defined as L = 0.2126 * R + 0.7152 * G + 0.0722 * B where R, G and B are defined as:

• if RsRGB <= 0.03928 then R = RsRGB/12.92 else R = ((RsRGB+0.055)/1.055) ^ 2.4
• if GsRGB <= 0.03928 then G = GsRGB/12.92 else G = ((GsRGB+0.055)/1.055) ^ 2.4
• if BsRGB <= 0.03928 then B = BsRGB/12.92 else B = ((BsRGB+0.055)/1.055) ^ 2.4 and RsRGB, GsRGB, and BsRGB are defined as:
  • RsRGB = R8bit/255
  • GsRGB = G8bit/255
  • BsRGB = B8bit/255

Notes on the formulas 1. The "^" character is the exponentiation operator. (Formula taken from [sRGB] and [IEC-4WD]).
2. Almost all systems used today to view Web content assume sRGB encoding. Unless it is known that another color space will be used to process and display the content, authors should evaluate using sRGB colorspace.
3. For dithered colors, use average values of the colors used (average R, average G, and average B).
4. Tools are available that automatically do the calculations when testing contrast and flash.
5. A MathML version of the relative luminance definition is available.

Comment Phrase "If using other color spaces, see Understanding Success Criterion 1.4.3." removed from Note 2, as this is a WCAG reference.

Status from on November plenary: Not discussed
Text from: Web/Software

Specialized Customer Premises Equipment (Consensed)

Equipment, employed on the premises of a person (other than a carrier) to originate, route, or terminate telecommunications or VoIP services, which is commonly used by individuals with disabilities to achieve access..

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Telecommunications §1193.3; FCC Order No. 07-110

Synchronized Media (Consensed)

Audio or video displayed at the same time as other time-based content that is required for understanding of the complete presentation. The other content that the audio or video is synchronized with to meet this definition does not include equivalents such as captions, subtitles, or video description.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: A/V

Telecommunications (Consensed)

The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. (Telecommunications Act of 1996)

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Telecommunications
Source: Telecommunications Act of 1996

Telecommunications Equipment (Consensed)

Equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades).

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Telecommunications §1193.3 (no change)
Source: Telecommunications Act of 1996

Telecommunications Service (Consensed)

The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Telecommunications §1193.3 (no change)
Source: Telecommunications Act of 1996

Terminal (Discussed Jan 2, No Quorum, No Final Decision)

Device and/or software with which the end user directly interacts and that provide the user interface.

NOTE: For some systems, the software that provides the user interface may reside on more than one device such as a phone and a server.

Notes from Jan 2 conference call
Recommend approve definition as is.

Status from on November plenary: Discussed Jan 2, No Quorum, No Final Decision
Text from: Telecommunications

TTY (Consensed)

An abbreviation for teletypewriter. Machinery or equipment that enables interactive text based communications through the transmission of frequency-shift-keying audio tones across the PSTN according to TIA-825-A (A Frequency Shift Keyed Modem For Use On The Public Switched Telephone Network). As used in this part, the term TTY includes devices for text-to-text communications along with voice and text intermixed communications such as voice carry over and hearing carry over. TTYs may include computers with special modems. TTYs are a subset of devices called text telephones.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Telecommunications

Unavailable Items (Consensed)

Interface elements which can not be selected, or interacted with accept as read-only items on screen due to application state or other reasons.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Web and Software, listed in provision 3-D User Preferences

Undue Burden (Consensed)

Undue burden means significant difficulty or expense. In determining whether an action would result in an undue burden, an agency must consider all agency resources available to the program or component for which the product is being developed, procured, maintained, or used.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Text from: Subpart A (no change)

Usable (Consensed)

Means that individuals with disabilities have access to the full functionality and documentation for the product, including instructions, product information (including accessible feature information), documentation, and technical support functionally equivalent to that provided to individuals without disabilities.

Status from on November plenary: Done, have consensus, Dec 18 conference call
Source: Telecommunications §1193.3 (no change)

Video Description

The insertion of verbal or auditory description(s) of on-screen visuals intended to describe important visual details that are not contained in, or that cannot be understood from, the main audio output alone. Video descriptions supplement the regular audio track of the program and are usually inserted between dialogue narration to provide information about actions, characters, and on-screen text that appear without verbalization. Video descriptions are a way to let people who are blind or have low vision know what is happening on screen.

Rationale The American Foundation for the Blind along with the National Center for Accessible Media at WGBH (NCAM), under contract from the Described and Captioned Media Program (U.S. Department of Education) administered by the National Association of the Deaf, is developing guidelines and best practices for authoring video description. As of August 2007, a first draft has been developed by an expert committee of academics, educators, producers, consumers and others. These guidelines should be completed by the end of 2008. This definition should not conflict with these guidelines

Status from on November plenary: Not discussed
Text from: Audio-Video
External Reference: Guidelines (draft) from the Described and Captioned Media Program (U.S. Department of Education)

Section 1194.5 Equivalent Facilitation

Nothing in this part is intended to prevent the use of designs or technologies as alternatives to those prescribed in this part provided they result in substantially equivalent or greater access to and use of a product for people with disabilities.

Rationale: The subcommittee has determined this provision is clear as written and does not need any changes

Status: Done
Source: {508}1194.5, no change

Subpart B

Comments to be resolved:

Comments from ITAA
The current recommendation document proposes a complete re-work of the current Accessibility Standards format and layout. At present, we have six years of contracted efforts which have recorded operative regulatory guidance under the current format. The proposed organization of technical and performance requirements will result in a massive bottleneck of applicable Standards under the old format, and applicable Standards under a new organizational format. Any recommended input to the Access Board should also proposed how any new technical and performance criteria will be mapped to the previous requirement.

We feel the FAR is not the place for such technical and performance requirements transition since the FAR only addresses the procurement process itself.

1. Requirements for All Product and Services

1.1 Functional Performance Criteria

Version 1, based on draft created by ATIA/ITI Joint Recommendation

The purpose of the Functional Performance Criteria is to provide guidance to help Federal departments or agencies determine whether products being used, developed, procured or maintained meet the functional needs of individuals with disabilities. The Functional Performance Criteria can also be used to help departments and agencies identify and report product functions that may not meet the Functional Performance Criteria and evaluate the importance of the lack of access to those functions relative to the intended use of the product.

Version 2 from the General Subcommittee
The functional performance criteria have three roles:
1. If any of the technical provisions are not met, the Functional Performance Criteria must be used to see if access is provided in another way (i.e. through equivalent facilitation).
2. If the technical provisions are met, the Functional Performance Criteria must be used to see if the technical provisions cover all aspects needed to provide access to the product. (i.e overall evaluation)
3. The Functional Performance Criteria can be used to help identify and report functions (of a partially conforming product) that would not meet the Functional Performance Criteria (and would therefore not work with employees and/or public users with disabilities) so that agency can evaluate the importance of lack of access to those functions to the intended use of the product.

• Status from on November plenary: Could not reach consensus

1.1-A - Without Vision

Products must provide at least one mode that allows access to all functionality of the product without using vision. This access may be provided directly or through assistive technology.

Comments to be resolved:

Comments from CSD/Trace Center
Change 1.1A to "without requiring user vision" [to address ITAA comment]

• Status from on November plenary: Not discussed
• Text from General
• Source: {508}1194.31(a), {255}1193.41
• Impact:
• External Reference:
• Testability: Expert evaluation
• Metadata
  • Disabilities: Blindness
  • User Activities: All
  • Product Characteristics: All
  • Product Types: All

1.1-B - With Limited Vision

Products must provide at least one mode that allows access to all functionality of the product visually without requiring visual acuity greater than 20/70. This access may be provided directly or through assistive technology.

Comments to be resolved:

Comments from CSD/Trace Center
Change 1.1B to "without requiring visual acuity better than 20/70 and without relying on audio output."
Rationale: If audio is not eliminated as a solution – then 1.1B is always satisfied by 1.1A. 20/70 is used instead of the 20/200 to harmonize 508 and 255.

• Status from on November plenary: Not discussed
• Text from General
• Source: {508}1194.31(b), {255}1193.41(b)
• Impact:
• External Reference:
• Testability: Expert evaluation
• Metadata
  • Disabilities: Low vision
  • User Activities: All
  • Product Characteristics: All
  • Product Types: All

1.1-C - With Color Vision Deficits

Products must provide at least one mode that allows access to all functionality of the product for people with color vision deficits.

Note: This provision can be met by meeting the color and contrast requirements below.

Comments to be resolved:

Comments from Sun
This language is not testable, and in fact doesn't map well to existing technical standards (see the text in 3-A – Color, which states things much more clearly, and also 3-B - Contrast). So long as the Functional Performance Criteria aren't considered testable, this language isn't a large problem; but still this is already much better stated in 3-A and 3-B, and it would be better to eliminate this provision.

• Status from on November plenary: Not discussed
• Text from General
• Source: {255}1193.41(c)
• Impact:
• External Reference:
• Testability: Expert evaluation
• Metadata
  • Disabilities: Color deficiency/Colorblindness
  • User Activities: All
  • Product Characteristics: All
  • Product Types: All

1.1-D - Without Hearing

Products must provide at least one mode that allows access to all functionality of the product without using hearing. This access may be provided directly or through assistive technology.

Comments to be resolved:

Comments from CSD/Trace Center
Change 1.1D to "without requiring user hearing" [to address ITAA comment]

• Status from on November plenary: Not discussed
• Text from General
• Source: {508}1194.31(c), {255}1193.41(d)
• Impact:
• External Reference:
• Testability: Expert evaluation
• Metadata
  • Disabilities: Deafness, Deaf-blindness, Other combined hearing/vision loss
  • User Activities: All
  • Product Characteristics: All
  • Product Types: All

1.1-E - With Limited Hearing

Where audio information is important for the use of a product, it must provide at least one mode that allows access to all functionality of the product with enhanced audio. This access may be provided directly or through assistive technology.

Comments to be resolved:

Additional text from the telecommunications guidelines proposed by Karen Peltz Strauss
This subpart requires the provision of auditory feedback that is important for use of the product through at least one mode in enhanced auditory fashion such as increased amplification, increased signal-to-noise ratio or a combination.

Comment from ITI/Sun
The text refers to “enhanced audio” without defining it. We should not make such a reference without providing a definition.

Comments from ITAA
Proposed new wording for consistency. “Products must provide a mode that allows access with enhance audio, if audio information is required for access. This access may be provided directly or through assistive technology."

Comments from CSD/Trace Center
Add note to 1.1E to "Audio can be enhanced by providing increased volume or removal of background music or sounds." [to address ITAA, ITI and Sun comment]

Comment from Sun
Propose the definition of "Enhanced Audio": Audio which has been enhanced through amplification and/or through a variety of audio filters to make it easier for people with hearing impairments to understand.

• Status from on November plenary: Not discussed
• Text from General
• Source: {508}1194.31(d), {255}1193.41(b), and {255}1193.43(e)
• Impact:
• External Reference:
• Testability: Expert evaluation
• Metadata
  • Disabilities: Hard of hearing,
  • User Activities: All
  • Product Characteristics: All
  • Product Types: All

1.1-NEW - With Low Vision and Limited or No Hearing

New provision proposed by Karen PS, October 24, 2007
Products must provide at least one mode that permits operation by users with visual acuity between 20/70 and 20/200, without relying on audio output

Text from: Telecommunications §1193.41 (b) (no change)

• Status from on November plenary: Not discussed

1.1-F - Without Speech

Products must provide at least one mode that allows access to all functionality of the product without user speech. This access may be provided directly or through assistive technology.

Comments to be resolved:

Comments from CSD/Trace Center
Change 1.1F to "…without requiring user speech" [to address ITAA comment]

• Status from on November plenary: Not discussed
• Text from General
• Source: {508}1194.31(e), {255}1193.41(h)
• Impact:
• External Reference:
• Testability: Expert evaluation
• Metadata
  • Disabilities: Speech
  • User Activities: All
  • Product Characteristics: All
  • Product Types: All

1.1-G - With Limited Reach, Strength, or Manipulation

Products must provide at least one mode that allows access to all functionality of the product for people with limited reach and strength, and that does not require simultaneous actions. This access may be provided directly or through assistive technology.

Comments to be resolved:

Addition from telecommunications guidelines proposed by Karen PS
Products must provide at least one mode that allows access for people with limited reach and strength, that does not require user fine motor control, and that does not require simultaneous actions.

Rationale: This draft adds the phrase "that does not require fine motor control" as well as reflecting the general recommendation to remove the phrase about AT.

Source: §1193.41(e)

Comment from ITI
This text is completely redundant with the technical provision 2.1-D (2). This duplication is unnecessary and adds to the burden of meeting 508 with no benefit. This should be removed.

Comments from ITAA
Reword for consistency. “Allows access without requiring more than limited reach and strength, and without requiring simultaneous actions.”

Comment from Japan/Hajime
Previous functional performance criteria include the following:

"At least one mode of operation and information retrieval that does not require fine motor control or simultaneous actions and that is operable with limited reach and strength must be provided."

In section 1.1-G (With Limited Reach, Strength, or Manipulation), we could only find the functional performance criteria relating to the clause " does not require simultaneous actions" and could not find anything relating to the clause "does not require fine motor control." Do we miss it in the new draft?

Comments from CSD/Trace Center<