36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
405.1 General (Section-by-Section Analysis)
This section proposes that, where ICT emits lights in flashes, there can be no more than three flashes in any one-second period. An exception would allow small flashes not exceeding the general flash and red flash thresholds defined in Success Criterion 2.3.1 of WCAG 2.0 because such flashes do not pose seizure risks to users. This requirement is based on recommendations from the Advisory Committee. This proposed section closely corresponds to existing 508 Standards §§ 1194.21(k), 1194.22(j), and 1194.25(i), and is similar to § 1193.43(f) of the existing 255 Guidelines. The flash rate specification in this section is supported by scientific studies on seizures and photosensitivity.9
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.
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