36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards) - Preamble

Section 1194.25 Self Contained, Closed Products (Preamble, Section-by-Section Analysis)

Sections 1194.25 (a) through (j) apply to those products that generally have embedded software and are commonly designed in such a fashion that a user cannot easily attach or install assistive technology. This section is a result of the reorganization of the final rule. In some instances, a personal computer with a touch-screen will be enclosed in a display and used as an "information kiosk. Self contained, closed products include, but are not limited to, information kiosks and information transaction machines, copiers, printers, calculators, fax machines, and other similar types of products. A definition of self contained, closed products has also been added.

Paragraph (a) provides that access features must be built-into a self contained, closed product rather than requiring users to attach an assistive device to the product. Personal headsets are not considered assistive technology and may be required to use the product. (See §1194.23(f)(1) in the NPRM.)

Comment. Though discussed in the preamble, the text of the proposed rule did not address the issue of personal headsets. The preamble noted that personal headsets were not considered assistive technology. The ITIC urged the Board to make this clear in the text of the rule.

Response. The Board has modified this provision by clarifying that personal headsets are not considered assistive technology. No other changes were made to this provision.

Paragraph (b) addresses access problems that can arise when self contained, closed products require a response from a user within a certain time and is identical to §1194.22 (p) and §1194.23 (d) which are discussed in detail above. (See §1194.21(d) in the NPRM.) The final rule requires only that a user be notified if a process is about to time-out and be given an opportunity to answer a prompt asking whether additional time is needed.

Paragraph (c) requires that when a product utilizes touchscreens or contact-sensitive controls, a method of operating the product be provided that complies with the provisions for controls in §1194.23 (k) (1) through (4). (See §1194.21(f) in the NPRM.)

Comment. The proposed rule required that touchscreens or touch-operated controls be operable without requiring body contact or close human body proximity. Commenters found the proposed provision to be confusing. One commenter noted that the proposed rule required all touchscreens to be operable by a remote control. Several commenters expressed concern that accessibility to touchscreens for individuals who are blind or who have low vision was not adequately addressed.

Response. Touchscreens and other controls that operate by sensing a person's touch pose access problems for a range of persons with disabilities. This provision does not prohibit the use of touchscreens and contact sensitive controls, but, as modified, the final rule requires a redundant set of controls that can be used by persons who have access problems with touchscreens.

Paragraph (d) addresses the use of biometric controls. Biometric controls refer to controls that are activated only if particular biological features (e.g., fingerprint, retina pattern, etc.) of the user matches specific criteria. Using retinal scans or fingerprint identification may become a common practice as a method of allowing an individual to gain access to personal data from an information transaction type of machine. (See §1194.21(e) in the NPRM.)

Comment. In the proposed rule, the Board sought comment on the best approach to accessibility issues raised by biometric forms of identification and controls. Commenters responded that asking a system to have multiple forms of biometric identification could be prohibitively expensive. Most commenters were in agreement that biometric controls provide the most security. However, they also agreed that when such a system needs to be accessed by a person with a disability and that disability prohibits the use of a specific biometric feature, a non-biometric alternative should be provided that does not compromise security.

Response. The provision does not require a specific alternative. That selection is left up to the agency, which may choose a less expensive form of identification. No changes were made to this provision in the final rule.

Paragraph (e) requires that when products use audio as a way to communicate information, the auditory signal will be available through an industry standard connector at a standard signal level. Individuals using personal headphones, amplifiers, audio couplers, and other audio processing devices need a place to plug these devices into the product in a standard fashion. This gives the user the ability to listen privately to the information. The product must also provide a method to pause, restart, and interrupt the flow of information. (See §1194.23(f)(2) and §1194.25(d) in the NPRM.) No substantive comments were received on this provision and no changes were made, other than editorial changes.

Paragraph (f) provides that when products deliver voice output, they shall provide incremental volume control with output amplification up to a level of at least 65 dB. Where the ambient noise level of the environment is above 45 dB, a volume gain of at least 20 dB above the ambient level shall be user selectable. According to the Occupational Safety and Health Administration, and the American Speech, Language, and Hearing Association, 65 dB is the volume level for normal speech. This provision requires that audio output from a kiosk type product shall have a minimum level of 65 dB. For people with reduced hearing, voice levels must be 20 dB above the surround sound level to be understandable. This means that as long as the noise level in the surrounding environment is below 45 dB, the 65 dB output level would be sufficient. If the product is in an environment with a high noise level, the user must be able to raise the volume to a setting of 20 dB higher than the ambient level. (See §1194.23(f)(3) in the NPRM.) A feature has been required to automatically reset the volume to the default level after every use. This is consistent with a similar provision addressing telecommunications products. No substantive comments were received and no other changes have been made to this section in the final rule.

Paragraph (g) addresses the use of color prompting and is identical to section 1194.21(i) discussed above. (See §1194.21(a) in the NPRM.) No substantive comments were received and no changes have been made to this section in the final rule.

Paragraph (h) addresses color selection and contrast settings and is identical to section 1194.21(j) discussed above. (See §1194.23(b)(8) in the NPRM.)

Paragraph (i) addresses the use of flashing objects and is identical to section 1194.21(k) discussed above. (See §1194.21(c) in the NPRM.)

Paragraphs (j) (1) through (4) provide provisions for the physical characteristics of large office equipment including reach ranges and the general physical accessibility of controls and features. Examples of these products, include but are not limited to, copiers, information kiosks and floor standing printers. These provisions are based on the Americans with Disabilities Act Accessibility Guidelines (ADAAG 4.2 Space Allowance and Reach Ranges). Two figures are provided to help explain the application of these provisions. (See §1194.21(b)(1) through (4) in the NPRM.) No substantive comments were received on these provisions and no changes were made in the final rule.