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

Section 1194.31 Functional Performance Criteria (Preamble, Section-by-Section Analysis)

This section provides functional performance criteria for overall product evaluation and for technologies or components for which there is no specific requirement under other sections. These criteria are also intended to ensure that the individual accessible components work together to create an accessible product. This section requires that all product functions, including operation and information retrieval, be operable through at least one mode addressed in each of the following paragraphs.

Comment. The ITIC requested clarification as to how a manufacturer would determine the type and number of assistive technology devices for which support must be provided by a product.

Response. Manufacturers do not need to be aware of the universe of assistive technology products on the market. Each provision specifies the type of assistive technology that must be supported. For example, §1194.31(a) addresses those assistive technology devices which provide output to persons who cannot see the screen. Such devices may include screen readers, Braille displays and speech synthesizers. There are numerous resources available to manufacturers to assist them in identifying specific types of assistive technology which would be used to access their product.

Paragraph (a) provides that at least one mode of operation and information retrieval that does not require user vision shall be provided, or support for assistive technology used by people who are blind or visually impaired shall be provided. It is not expected that every software program will be self-voicing or have its own built-in screen reader. Software that complies with §1194.21 would also satisfy this provision. (See §1194.27(a) in the NPRM.) No substantive comments were received regarding this provision and no changes were made in the final rule.

Paragraph (b) provides that at least one mode of operation and information retrieval that does not require visual acuity greater than 20/70 (when corrected with glasses) must be provided in audio and enlarged print output that works together or independently. In the alternative, support for assistive technology used by people who are blind or who have low vision must be provided. Although visual acuity of 20/200 is considered "legally blind," there are actually millions of Americans with vision below the 20/200 threshold who can still see enough to operate and get output from technology, often with just a little additional boost in contrast or font size. This paragraph requires either the provision of screen enlargement and voice output or, that the product support assistive technology. (See §1194.27(b) in the NPRM.) No substantive comments were received regarding this provision and no changes were made in the final rule.

Paragraph (c) provides that at least one mode of operation and information retrieval that does not require user hearing must be provided, or support for assistive technology used by people who are deaf or hard of hearing shall be provided. This provision is met when a product provides visual redundancy for any audible cues or audio output. If this redundancy cannot be built-into a product then the product shall support the use of assistive technology. (See §1194.27(c) in the NPRM.) No substantive comments were received regarding this provision and no changes were made in the final rule.

Paragraph (d) requires that audio information important for the use of a product, must be provided in an enhanced auditory fashion by allowing for an increase in volume and/or altering the tonal quality or increasing the signal-to-noise ratio. For example, increasing the output would assist persons with limited hearing to receive information. Audio information that is important for the use of a product includes, but is not limited to, error tones, confirmation beeps and tones, and verbal instructions. (See §1194.27(d) in the NPRM.) No substantive comments were received regarding this provision. The final provision has been amended editorially to provide that support for assistive hearing devices may be provided in place of built-in enhanced audio features.

Paragraph (e) provides that at least one mode of operation and information retrieval which does not require user speech must be provided, or support for assistive technology shall be provided. Most products do not require speech input. However, if speech input is required to operate a product, this paragraph requires that at least one alternative input mode also be provided. For example, an interactive telephone menu that requires the user to say or press "one" would meet this provision. (See §1194.27(e) in the NPRM.) No substantive comments were received regarding this provision and no changes were made in the final rule.

Paragraph (f) provides that at least one mode of operation and information retrieval that does not require fine motor control or simultaneous actions and which is operable with limited reach and strength must be provided. (See §1194.27(f) in the NPRM.) No substantive comments were received regarding this provision and no changes were made in the final rule.