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

Section 707.5 provides requirements for speech output of ATMs and fare machines.

Comment. ATM manufacturers and the banking industry opposed the specific criteria for audible output in the proposed rule (707.5) and urged the Board to replace them with more flexible performance requirements that would focus on the desired outcome instead of detailing how and to what extent access was to be achieved. Comments from disability groups strongly supported the approach taken in the proposed rule. Some of these comments requested that the specifications cover the full range of machines used and types of output. For example, some pointed out that certain types of information, such as error messages, are often overlooked in the provision of audible output.

Response. The Board has revised the requirements for audible output to emphasize the minimum performance capabilities necessary for access. This will allow room for technological innovations and improvements in providing access solutions, particularly with respect to audible output. On the other hand, the Board has also retained or added specific criterion so that a minimum level of accessibility is clearly established to avoid confusion or misinterpretation. The final rule clearly requires machines to be speech enabled, as opposed to the proposed rule’s call for "audible instructions." As revised, it requires that "all displayed information for full use shall be accessible to and independently usable by individuals with vision impairments." The specification lists particular types of output, such as operating instructions and orientation, visible transaction prompts, user input verification, and error messages. However, the over-arching performance criterion governs, as the list of particulars is not exhaustive. Consistent with the proposed rule, the speech output must be delivered through devices readily available to all users, such as a telephone handset or an industry standard connector (e.g., an audio mini jack to accommodate a user’s audio receiver).

Comment. The Board sought information on the availability of ATMs that meet the audible output requirements of the proposed rule and any impact, including costs and technological difficulties, in developing new products that would comply (Question 35). Information was also requested on the practice of redeploying ATM equipment and the impact of the output requirements on this practice. Industry commenters expressed strong concerns about the cost and feasibility of providing speech output for new and refurbished machines. Industry commenters claimed that voice output would be burdensome by necessitating both hardware and significant software investments, including on-going maintenance to support changes in the services offered by the institution. Analysis of industry comments reveals an underlying concern that manufacturers, property owners, installers, and networks must coordinate to provide anything more than limited voice output. According to these comments, such coordination is not customary in the U.S. The banking industry expressed particular concern about the application of the guidelines to ATMs that are refurbished and redeployed. According to the industry, there is a large market for used ATMs, which have an average life of 10 years, though some can last up to 20 years; as new machines are installed in existing locations, those replaced are commonly redeployed elsewhere. Since the specifications apply not only to new ATMs, but to altered machines as well, commenters expressed concern about the cost and feasibility of retrofitting existing machines as part of their relocation. On the other hand, comments from disability groups indicated that satisfactory voice output is not only feasible but is actually being accomplished by various banking institutions, including through the retrofit of existing machines.

Response. Many of the comments submitted by industry concerning the cost and impact of the requirements for audible output appeared based on the provision of recorded human speech. However, the Board intended other alternatives, which are considerably less expensive, such as digitized human speech and synthesized speech. Clarification of these permitted types of output are included in the final rule (707.5). New technologies for text-to-speech synthesis are becoming available that offer less expensive solutions in equipping machines with speech output. Such technologies, which can be installed through software or hardware enhancements, can generate all of the information required to be accessible in audible output. In the past year, the Board has become aware of various banks in different areas of the country that have provided new talking ATMs that take advantage of improved speech output technologies. With respect to refurbished machines, the requirements of these guidelines as they apply to altered elements permit departures where compliance is not technically feasible; in such cases, compliance is required to the maximum extent feasible (202.3, Exception 2). Some industry commenters expressed concern about the proposed requirements and existing machines, including those that are not altered. However, the scope of these guidelines, consistent with the Board’s mandate, extends only to new construction and planned alterations and additions. The Board does not generally have jurisdiction over requirements for existing facilities that are otherwise not being altered. Under the ADA, regulations issued by the Department of Justice (DOJ) effectively govern requirements that apply to existing places of public accommodation. How, and to what extent, the Board’s guidelines are used for purposes of retrofit, including removal of barriers and provision of program access, is wholly within the purview of DOJ. It is the Board’s understanding that DOJ is aware of the concern as raised by various commenters generally and that DOJ plans to address these concerns in its rulemaking to revise its ADA standards pursuant to the Board’s final rule.

Comment. In the proposed rule, the Board requested comment on whether ATM manufacturers or banks intend to provide audio output receivers for customers who need them to access audible output and whether customers needing such output could reasonably be expected to provide their own receivers (Question 34). Few comments addressed this question. Several individuals with vision impairments indicated that they carry headphones for talking book players and other audio devices.

Response. The Board has not included any requirements concerning the provision of audio output receivers.

Comment. The proposed rule included an advisory note indicating that audible tones can be used instead of speech for personal input that is not displayed visually for security purposes, such as personal identification numbers (707.5.3). Comments from industry supported this clarification but noted that it would be more appropriately located within the text.

Response. The Board agrees that the advisory note actually functioned as an exception to the requirement for speech output and has added it to the text in the final rule (707.5, Exception 1).

Comment. Comments from persons with disabilities requested that all visually displayed information, including advertisements, should be covered by the requirement for speech output.

Response. The Board disagrees with coverage of extraneous information not needed in the conduct of all available transactions. In the final rule, an exception has been added which notes that advertisements and similar information are not required to be audible unless they convey information that can be used in the transaction being conducted (707.5, Exception 2). This exception helps further clarify the scope of the general performance requirement of 707.5 by describing the type of information that is not covered.

Comment. Comments from industry pointed out that compliance will be difficult and extremely costly, if not impossible, for certain types of machines that cannot support speech synthesis. Some machines cannot "read" or "pronounce" dynamic alphabetic text. Dynamic alphabetic text includes words that cannot be known in advance by the machine or its host. Audible dynamic text requires either prerecorded files or a text-to-speech synthesizer to convert electronic text into speech using preprogrammed pronunciation rules.

Response. Because it would be impossible to pre-record files to anticipate all the possible dynamic alphabetic combinations in the English language, speech synthesis is the only practicable solution for producing dynamic alphabetic audible output. The Board has added an exception for machines that cannot support speech synthesis. Under this exception, dynamic alphabetic output is not required to be audible (707.5, Exception 3).

Comment. Persons with vision impairments and disability groups indicated that "repeat" and "interrupt" functions greatly facilitate use of speech output. Such commenters also stated that volume control is an important feature in accommodating the full range of users. Industry commenters pointed out that interruption of speech output is critical because such output, even when not accessed through a handset or earphones, is continuously running and will otherwise lengthen the time of all operations and transactions.

Response. The Board has added a provision that machines allow users to repeat or interrupt speech output (707.5.1). An exception allows speech output for any single function to be automatically interrupted once a transaction is selected. This specification replaces a requirement in the proposed rule that users be able to expedite transactions (707.5.4.2). In addition, the Board has included a requirement for a volume control.

Comment. The proposed rule contained a requirement that ATMs dispense paper currency in descending order with the lowest denomination on top (707.5.7). Comments from the banking industry noted that while this requirement is feasible, the denominations of currency dispensed varies depending on which bills are still available in a machine before it is re-supplied.

Response. The Board has removed the requirement for bills to be dispensed in descending order since the order of dispensation will not ensure that users will be able to identify each bill’s denomination.

Comment. The proposed rule required that machines have the capability to provide information on receipts in an audible format as well (707.5.8). Some comments from individuals with vision impairments urged the Board to revise this requirement to clearly apply to all data contained on a receipt. Industry representatives, however, advised that the requirement should apply only to essential information concerning a transaction. These comments noted that some information that may not be of interest or use to customers is nevertheless required to appear on printed receipts under Federal mandates. In addition, the banking industry indicated that some ATMs have the capability to provide copies of records, such as bank statements, which should not be subject to the speech output requirements.

Response. The Board has revised the requirement for receipt information to more clearly distinguish the type of information required to be provided through speech output and the type that is not. The final rule requires that speech output devices provide all information on printed receipts, where provided, necessary to complete or verify a transaction, including balance inquiry information and error messages (707.5.2). Extraneous information that may be provided on receipts, such as the machine location and identifier, the date and time, and account numbers is not required to be provided through speech output (Exception 1). In addition, the Board has also exempted receipt information that duplicates audible information on-screen (Exception 2) and printed materials that are not actual receipts, such as copies of bank statements and checks (Exception 3).