#9

III-7.5185

May 1, 1992

Ms. Nessa Feddis

Senior Federal Counsel
American Bankers Association
1120 Connecticut Avenue, N.W.
Washington, D.C. 20036

Dear Ms. Feddis:

I am responding to your letter relating to accessibility

requirements for automated teller machines (ATM's) under the
Americans with Disabilities Act (ADA).

As required by the Americans with Disabilities Act, the

requirements that apply to ATM's are included in guidelines
developed by the Architectural and Transportation Barriers
Compliance Board (Access Board). These guidelines are
incorporated into the Department of Justice's ADA regulation.
The ADA requires that our regulation be consistent with the
guidelines of the Access Board.

The provision in question, which applies only to new

construction and alterations, requires that a person using a
wheelchair be able to reach the controls of an ATM through both a
forward and a side reach. This provision was included in the ADA
Accessibility Guidelines when they were first published for
comment in January 1991. The Guidelines were subject to an
extensive public comment process that included 18 public
hearings. The concerns that you are now raising were not
expressed during the rulemaking process.

The Department of Justice takes seriously the concerns that

you have stated. As you know, the Access Board recently decided
to reopen this issue to public comment through a notice in the
Federal Register and to hold a hearing on the matter. The action
of the Board has the support and concurrence of the Department of
Justice. However, while changes to the rule are under
consideration, the Department is not in a position to amend the
provision on ATM's, and we are constrained to enforce the
requirements of the ADA regulation now in effect.

You should be aware that section 2.2 of the ADA

Accessibility Guidelines permits departures from particular
technical requirements by use of other designs and technologies
where the alternative designs and technologies will provide
substantially equivalent or greater access to and usability of
the facility. Based on the information you have sent us, it
appears that, in some circumstances, the ATM's that are currently
available may be usable by individuals with disabilities. If you
can demonstrate that particular ATM's, as installed, provide
equivalent facilitation, they will be considered as complying
with the ADA. You may be able to show that meeting one of the
reach ranges specified in {4.2.5 or {4.2.6 provides equivalent
facilitation, assuming all other requirements for ATM's contained
in {4.34.1, {4.34.2, and {4.34.4 are met.

You have described two situations as a common occurrence in

the banking industry: the installation of new ATM's that were
ordered before the effective date of the ADA, and the relocation
of existing ATM's, originally installed prior to January 26,
1992. You have suggested that compliance with neither {4.2.5 nor
{4.2.6 will be possible with respect to many of these machines.
While the number of such ATM's is not certain, we are confident
that many can be "redeployed" consistent with the standards. For
example, they could be used as drive-up-only teller machines,
which are not required to comply with {{4.27.2, 4.27.3, and
4.34.3. (See {4.1.3(20), exception.) They could also be used at
locations where two or more ATM's are provided, because only one
is required to comply in that situation. (See {4.1.3(20).) In
limited circumstances, they could be installed outside the
specified reach ranges if the use of the particular equipment so
dictated ({4.27.3, exception) or where full compliance would be
technically infeasible in alterations due to existing physical or
site constraints ({4.1.6(1)(j)).

Please note: The interpretations in the preceding two

paragraphs are premised on the information currently available to
us and will be revisited based on the information received as a
result of the Access Board's notice.
 Based on the approach that I have outlined here, your fears
of an adverse economic impact on ATM vendors and financial
institutions should be greatly alleviated. I strongly urge you
to submit data and other information to the Access Board in
response to its notice.

Sincerely,

John R. Dunne
Assistant Attorney General
Civil Rights Division