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

F228 Depositories, Vending Machines, Change Machines, and Mail Boxes

The Board has clarified coverage of fuel dispensers in the final rule by adding a reference to them in the both the ADA scoping document (section 228) and the ABA scoping document (section F228). These elements are subject to requirements for operable parts in section 309, which specify location within accessible reach ranges and maximum operating forces. Exceptions to these requirements are provided for fuel dispensers. In the final rule, the Board has exempted coverage of fuel dispensers used only for fueling official government vehicles, such as postal and military vehicles. The Board considered such an exception appropriate to minimize the impact on elements used only by employees as part of their work responsibilities. A similar exception was not included in the corresponding provision for facilities covered by the ADA because such facilities are held to a different level of access with respect to work areas. The ADA scoping document, unlike its ABA counterpart, does not require elements within work areas used only by employees to be accessible.