#3

III-7.5185 April 3, 1992

The Honorable Ralph Regula

U.S. House of Representatives
2207 Rayburn House Office Building
Washington, D.C. 20515

Dear Congressman Regula:

I am responding to your letter of March 18, 1992, to the

Attorney General, relating your concerns about our regulatory
requirements relating to the height of controls of automated
teller machines (ATM's).

As required by the Americans with Disabilities Act (ADA),

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; therefore, the Department is not
in a position to amend this provision of its rule absent a change
in the Board's guidelines.

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 first included in
the Board's proposed guidelines (published in January 1991), and
was subject to an extensive public comment process that included
18 public hearings.

The concerns that are now being raised were not expressed
during the rulemaking process. Nevertheless, we take seriously
the newly stated concerns raised by the American Bankers
Association. With our support and concurrence, the Access Board
recently decided to reopen this issue to public comment through a
notice in the Federal Register and is considering holding a
hearing on the matter. The Board will decide on further action
at its July 1992 meeting.

While changes to the rule are under consideration, the

Department is constrained to enforce the requirements of the ADA
regulations now in effect. In every instance, we will first
attempt to educate, discuss, and negotiate, particularly in cases
where use of designs and technologies other than those specified
in our regulations may provide substantially equivalent or
greater access to and usability of a facility. Such departures
are permitted by the "equivalent facilitation" section of the
accessibility guidelines.

I hope this information is responsive to your inquiry.

Sincerely,

John R. Dunne
Assistant Attorney General
Civil Rights Division