36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

Sections 707.2 and 707.3 address clear floor or ground space requirements and operable parts, respectively. These provisions include exceptions for drive-up only ATMs. In the final rule, the Board revised these exceptions to cover fare machines as well.

Comment. The proposed rule specified that operable parts be able to be differentiated by sound or touch without activation (707.3). Comments from industry noted that it would be difficult to achieve this requirement in the design of controls activated by touch. Some commenters advised that compliance would be more feasible if the provision recognized an allowable level of force that could be applied without the control being activated. Since many ATMs and fare machines allow users to cancel operations, including when a control is inadvertently activated, commenters questioned the need for this provision.

Response. The Board agrees that keys which enable users to readily clear or correct input errors obviate the need for controls that can be differentiated by sound or touch without activation. In the final rule, the Board has revised the requirement to apply only at ATMs and fare machines that are not equipped with "clear" or "correct" keys. Section 707.4 ensures an equivalent level of privacy in the use of ATMs for all individuals, including those who use a machine’s accessible features. In the final rule, this requirement has been made specific to ATMs, since privacy is generally of less concern in the use of fare machines.