[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Proposed Rules]
[Pages 57662-57665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20470]
[[Page 57662]]
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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Part 1191
[Docket No. ATBCB-2022-0004]
RIN 3014-AA44
Americans With Disabilities Act Accessibility Guidelines for
Buildings and Facilities; Architectural Barriers Act Accessibility
Guidelines; Self-Service Transaction Machines and Self-Service Kiosks
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Advance Notice of Proposed Rulemaking.
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SUMMARY: The Architectural and Transportation Barriers Compliance Board
(``Access Board'' or ``Board'') is issuing this Advance Notice of
Proposed Rulemaking (ANPRM) to begin the process of supplementing its
accessibility guidelines for buildings and facilities covered by the
Americans with Disabilities Act of 1990 and the Architectural Barriers
Act of 1968 to address access to various types of self-service
transaction machines (SSTMs), including electronic self-service kiosks,
for persons with disabilities. By this ANPRM, the Access Board invites
public comment on the planned approach to supplementing its ADA
Accessibility Guidelines and ABA Accessibility Guidelines with new
scoping and technical provisions for SSTMs and self-service kiosks. The
Board will consider comments received in response to this ANPRM in its
development of these guidelines for SSTMs and self-service kiosks in a
future rulemaking.
DATES: Submit comments by November 21, 2022.
ADDRESSES: You may submit comments, identified by docket number (ATBCB-
2022-0004), by any of the following methods:
Federal eRulemaking Portal: https://regulations.gov.
Follow the instructions for submitting comments.
Email: board.gov">docket@access-board.gov. Include docket number
ATBCB-2022-0004 in the subject line of the message.
Mail: Office of Technical and Information Services, U.S.
Access Board, 1331 F Street NW, Suite 1000, Washington, DC 20004-1111.
Instructions: All submissions must include the docket number
(ATBCB-2022-0004) for this regulatory action. All comments received
will be posted without change to https://www.regulations.gov, including
any personal information provided.
Docket: For access to the docket, to read background documents or
public comments received, go to: https://www.regulations.gov/docket/ATBCB-2022-0004.
FOR FURTHER INFORMATION CONTACT:
Technical information: Bruce Bailey, (202) 272-0024, board.gov">bailey@access-board.gov. Legal information: Wendy Marshall, (202) 272-0043,
board.gov">marshall@access-board.gov.
SUPPLEMENTARY INFORMATION:
I. Legal Authority
The Americans with Disabilities Act (ADA) of 1990 charges the
Access Board with developing and maintaining minimum guidelines to
ensure the accessibility and usability of the built environment in new
construction, alterations, and additions. See 42 U.S.C. 12101 et seq.;
see also 29 U.S.C. 792(b)(3)(B) & (b)(10). The Access Board's ADA
Accessibility Guidelines (ADAAG) address buildings and facilities
covered under Title II of the ADA (state and local government
facilities) and Title III of the ADA (places of public accommodation
and commercial facilities). The ADAAG serve as the basis for legally
enforceable accessibility standards issued by the Department of Justice
(DOJ) and the Department of Transportation (DOT), which are the federal
entities responsible for implementing and enforcing the ADA's non-
discrimination provisions related to buildings and facilities in new
construction, alterations, and additions.
The Access Board has a similar responsibility under the
Architectural Barriers Act (ABA) of 1968, which requires that buildings
and facilities designed, built, or altered with certain federal funds
or leased by federal agencies be accessible to people with
disabilities. See 42 U.S.C. 4151 et seq. The ABA charges the Access
Board with developing and maintaining minimum guidelines for covered
buildings and facilities. The Board's ABA Accessibility Guidelines
(ABAAG) serve as the basis for enforceable standards issued by four
standard-setting agencies: the Department of Defense, the General
Services Administration, the Department of Housing and Urban
Development, and the U.S. Postal Service.
II. Need for Accessibility Guidelines for SSTMs
Kiosks and other types of SSTMs are now a common feature in places
of public accommodation, government offices, and other facilities. They
allow users to conduct an expanding range of transactions and functions
independently. SSTMs serve as point-of-sales machines for self-checkout
in a growing number of retail facilities, grocery stores, and drug
stores. Self-service kiosks at airports and hotels provide check-in
services. Restaurants are providing touchscreens for customers to place
orders, and health care providers, including doctors' offices and
hospitals, allow patients to check-in at kiosks. SSTMs and self-service
kiosks are also found at state and local government facilities, such as
motor vehicle departments.
SSTMs and self-service kiosks have long posed accessibility
barriers to people with disabilities, particularly those who are blind
or have low vision. Robust speech output is necessary to provide access
for users unable to see display screens. It is increasingly common for
information and communication technology (ICT), including kiosks, to
have touchscreens without a physical keypad or other tactile controls.
This results in the screen being an obstacle for the user to both
receive information, if the information is not provided audibly, and to
enter information, as the input ``buttons'' are the flat touchscreen
which have no tactile markers. In addition, SSTMs and self-service
kiosks frequently pose barriers for users who are deaf or hard of
hearing by failing to provide captioning and text equivalents for
audible information.
These devices also must be accessible to people with physical
impairments, including those who use wheelchairs and other mobility
devices, have limited dexterity, or who are of short stature.
Sufficient clear floor space at the device is necessary to accommodate
wheeled mobility aids. For usability, controls and keys must be within
accessible reach ranges and screens or other displays must be viewable
from a seated position. Controls and features must not require delicate
motor movements or fine dexterity.
On May 19, 2021, the Access Board conducted a virtual public forum
on the accessibility of SSTMs that featured panel presentations by
invited speakers. One panel addressed usability issues and barriers
that people with sensory, cognitive, physical, or multiple disabilities
encounter using kiosks, point-of-sales machines, and other SSTMs.
Speakers included representatives from the Blinded Veterans
Association, the Coleman Institute for Cognitive Disabilities, the Deaf
and Hard of Hearing Consumer Advocacy Network, and the United
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Spinal Association. They called attention to common access barriers,
such as the lack of speech output and tactilely discernable input keys
and controls for users who are blind or who have low vision. People who
use wheelchairs and scooters encounter display screens that are
difficult to see and controls that are out of reach. Further,
correction and time-out features can impact usability for persons with
cognitive disabilities. (See ``Panel Discussions on Inclusive
Interfaces: Accessibility to Self-Service Transaction Machines''
available at: https://www.access-board.gov/news/2021/05/24/u-s-access-board-conducts-panel-discussions-on-self-service-transaction-machines.)
A second panel discussed efforts by research and industry to
improve access to SSTMs. Panelists included representatives from the
Kiosk Manufacturer Association (KMA) and the Trace Research and
Development Center who addressed the need for accessibility standards
for SSTMs, provided an overview of relevant requirements and resources,
and discussed strategies for accessibility. They were joined by
representatives from software and hardware developer NCR, which has
created a Universal Navigator interface for SSTMs, and Vispero, a
company that has created a kiosk interface that integrates screen-
reading software. Id.
According to the KMA, the lack of accessibility to kiosks is due in
large part to the absence of complete and uniform standards. The lack
of detailed requirements has led to a common misconception that
physical accessibility or an audio jack alone is sufficient. In
addition, some states have implemented their own unique requirements
for SSTMs, which led to complications in ensuring compliance with
varying standards. Some kiosk manufactures serve global markets, and
they have stressed the importance of consistency of U.S. standards with
requirements issued by other countries and international organizations.
Id.
III. Existing Guidelines
A. The ADA and ABA Accessibility Guidelines
The Access Board has issued accessibility guidelines for the built
environment. The Access Board's ADA and ABA Accessibility Guidelines,
which were jointly updated in 2004, require only ATMs and fare machines
to provide speech output so that displayed information is communicated
to users who are blind or who have low vision. The guidelines also
address braille instructions, privacy, input controls, display screens,
operable parts, and clear floor space. See 36 CFR part 1191, 69 FR
44084.
When the Board promulgated the ADA and ABA Accessibility Guidelines
in 2004, it noted in the preamble that it had chosen to not broaden the
application of the guidelines to address other types of SSTMs such as
point-of-sale machines and information kiosks. However, the Board noted
that it intended to consider a future update to these guidelines after
monitoring the application of accessibility standards it had issued
under Section 508 of the Rehabilitation Act (36 CFR part 1194) in 2000
for information and communication technology (ICT), including
electronic kiosks, in the federal sector. See 69 FR 44083, 44455 (July
23, 2004).
In March of 2010, the Board issued an Advanced Notice of Proposed
Rulemaking (ANPRM) indicating that it was considering a supplemental
rulemaking to address in ADAAG access to SSTMs used for ticketing,
check-in or check-out, seat selection, boarding passes, or ordering
food in restaurants and cafeterias. See Americans with Disabilities Act
(ADA) Accessibility Guidelines for Buildings and Facilities;
Telecommunications Act Accessibility Guidelines; Electronic and
Information Technology Standards, ANPRM, 75 FR 13457 (Mar. 22, 2010).
However, the Board later postponed this effort due to rulemaking it was
conducting on information and communication technology in the federal
sector under the Rehabilitation Act. See Electronic and Information
Technology Accessibility Standards, ANPRM, 76 FR 76640 (Dec. 8, 2011).
B. Section 508 Accessibility Standards
Section 508 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. 794d (hereafter, ``Section 508'') requires access to ICT in the
Federal sector. The law applies to ICT developed, procured, maintained,
or used by federal agencies, including SSTMs and self-service kiosks,
as well as computers, telecommunications equipment, software, websites,
and electronic documents. The Board is responsible for issuing
accessibility standards for ICT covered by Section 508. The Board
published its original Section 508 Standards in 2000 (65 FR 80499) and
updated them with the Revised 508 Standards in January 2017 (82 FR
5790). The Federal Acquisition Regulatory Council and federal agencies
incorporate these standards into their respective acquisition
regulations and procurement policies and directives. See 86 FR 44229
(Aug. 11, 2021).
The Revised 508 Standards apply to hardware in the federal sector
that transmits information or has a user interface, such as self-
service kiosks provided by federal agencies for use by customers in
post offices and social security field offices. See 36 CFR part 1194,
App. A, E206. The Section 508 Standards address biometrics, privacy,
operable parts, data connections, display screens, status indicators,
color coding, audible signals, two-way voice communication, closed
captioning, and audio description. Id. at App. C, Ch. 4.
C. DOT Regulations for Self-Service Kiosks in Airports
In 2013 the Department of Transportation (DOT) supplemented its
regulations under the Air Carrier Access Act (ACAA) of 1986, as
amended, and the Rehabilitation Act to address access to airport self-
service kiosks used for checking in, printing boarding passes, and
other passenger services. 78 FR 67882 (Nov. 12, 2013). DOT's rule
applies requirements based on the provisions for ATMs and fare machines
in the ADA Standards and provisions for self-contained closed products
in the Board's Original Section 508 Standards. Id. New airport kiosks
must meet the DOT standards until at least a quarter of all kiosks at
each airport location are accessible. The rule applies to U.S. and
foreign air carriers that own, lease, or control automated airport
kiosks at U.S. airports with at least 10,000 enplanements a year. Id.
III. Planned Approach to the NPRM and Questions for Public Comment
The Access Board intends to propose supplementary provisions for
SSTMs and self-service kiosks in a future rulemaking that are based on
both the technical requirements for ATMs and fare machines in the ADA
and ABA Accessibility Guidelines (36 CFR part 1191) as well as relevant
provisions for hardware in the Revised Section 508 Standards (36 CFR
part 1194). In addition, the Board intends to address the types of
SSTMs and self-service kiosks to be covered under both the ADA and the
ABA and the number or percentage required to comply. The Board invites
public comment on this planned approach for this rulemaking generally,
and on the specific questions posed below.
Application
The Access Board's authority under the ADA and ABA to set minimum
guidelines for buildings and facilities is limited to those elements
that are built-
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in or that are fixed to buildings and sites. DOJ and other agencies
have authority to regulate moveable furniture and equipment under the
ADA or ABA. Thus, the Board's ADA and ABA Accessibility Guidelines
apply only to ATMs and fare machines that are fixed or built-in, but
not to those that are moveable. Similarly, the Board intends that only
SSTMs and self-service kiosks that are fixed or built-in will be
covered by this supplementary rule.
SSTMs and self-service kiosks are now commonplace in many different
types of businesses and establishments and are used to conduct a
growing range of transactions and services. One of the most common
types of SSTMs that people encounter on a routine basis are self-
checkout kiosks in grocery stores, drug stores, and retail chains.
SSTMs and self-service kiosks are also being provided in settings where
only information is being exchanged, such as unattended checking in for
an appointment, checking out of a hotel, or ordering food in a
restaurant. Touchscreens and tablets are now being incorporated into
many different types of SSTMs and self-service kiosks. For example,
some SSTMs and self-service kiosks use touchscreen interfaces for
delivery of goods and services, such as pairing online ordering with
pickup from an automated electronic locker at a local retail location.
The customer does not interact directly with any employees of the
retail store.
Additionally, many vending machines are now essentially SSTMs,
offering a wide-array of choices via a video display, and utilizing
touch-screen input to navigate those choices. The current ADA and ABA
Accessibility Guidelines address physical access to vending machines by
requiring at least one of each type to comply with criteria for
operable parts, but the guidelines do not address access for users who
are blind or who have low vision. 36 CFR part 1191, App. D, 228 and
309.
Question 1. In this rulemaking, the Board intends to cover fixed or
built-in electronic devices that are designed for unattended operation
by customers (i.e., ``self-service'') to conduct a transaction. It also
intends to address fixed or built-in self-service kiosks, including
those used to check-in, place an order, obtain a product, or retrieve
information. Are there capabilities, functions, or other objective
criteria that should define the types of devices covered as SSTMs or
self-service kiosks?
Question 2. Are there other types of electronic devices providing
unattended interaction that should be addressed by this rulemaking? If
so, what are they?
Question 3. Are there types of self-service electronic devices that
should not be covered by this rulemaking? If so, why not?
Minimum Number
In its rulemaking, the Board intends to address the minimum number
of SSTMs and self-service kiosks required to be accessible. Currently,
the ADA and ABA Accessibility Guidelines require at least one of each
type of ATM or fare machine provided at each location to comply. See 36
CFR part 1191, App. B 220 and App. C F220. This may be insufficient in
high traffic locations where many SSTMs or self-service kiosks of the
same type are provided such as self-checkout devices in grocery stores
and big-box retailers. Further, it can be difficult for users who are
blind or who have low vision to locate which self-service devices are
accessible, especially in areas where many devices are provided. DOT's
airport kiosk rule requires compliance for all new kiosks until at
least 25% of all kiosks at each airport location are accessible. The
508 Standards require that all SSTMs and self-service kiosks be
accessible.
Question 4. Should the Board's rule require all fixed or built-in
SSTMs and self-service kiosks in each location to be accessible? If
not, why, and what should the number be? Are there some facilities or
locations that should have a higher number of accessible devices than
others?
Technical Requirements
ADA and ABA Accessibility Guidelines
The Board intends to apply the technical requirements from the ADA
and ABA Accessibility Guidelines for ATMs and fare machines to SSTMs
and self-service kiosks. Currently, these Guidelines address clear
floor or ground space, operable parts, speech output, input controls,
and display screens.
Clear floor or ground space is required so that people with
disabilities, including those who use wheeled mobility aids, can
approach and position at ATMs or fare machines in a forward or parallel
direction. 36 CFR part 1191, App. D 707.2 and 305.5. This clear space
generally must be at least 30 inches wide and at least 48 inches deep.
Id. at 305.3. Additional space is required for maneuvering where this
clear space is obstructed on both sides for more than half the depth.
Id. at 305.7.
Operable parts for ATMs and fare machines must be located within
accessible reach ranges. Id. at 707.3, 309.3, 308. They must be usable
with one hand, and not require tight grasping, pinching, or twisting of
the wrist, or more than 5 pounds force to operate. Id. at 707.3, 309.4.
Users must be able to differentiate each operable part by sound or
touch without activation; touch activation is permitted if a key to
clear or correct input is provided. Id. at 707.3.
ATMs and fare machines must provide speech output (recorded or
digitized human or synthesized) through a mechanism that is readily
available to all users, such as an industry standard connector or
telephone handset. Id. at 707.5. The speech function must have volume
control and allow users to repeat or interrupt output. Braille
instructions for initiating the speech are required Id. at 707.8. ATM
speech output must provide an equal degree of privacy. Id. at 707.4.
Additionally, ATM and fare machines must provide tactilely
discernible input controls for each function. Id. at 707.6. Numeric
keys must be arranged in a 12-key ascending or descending telephone
keypad layout, and the number five key shall be tactilely distinct from
the other keys. Key surfaces not on active areas of display screens
must be raised above surrounding surfaces. Where membrane keys are the
only method of input, each shall be tactilely discernable from
surrounding surfaces and adjacent keys. Visual contrast (either light-
on-dark or dark-on-light) is required between function keys and
background surfaces and between function key characters and symbols and
key surfaces. Tactile symbols are required for certain function keys
including enter or proceed, clear or correct, cancel, add value, and
decrease value. Id.
The Guidelines also require that display screens be visible from a
point located 40 inches above the center of the clear floor space in
front of the machine. Id at 707.7. Display screen characters must have
a cap height of at least 3/16 inch, be in a sans serif font, and
contrast from the background either light-on-dark or dark-on-light.
Section 508 Standards
The Board is also considering incorporating into the proposed rule
certain requirements in the Revised 508 Standards for hardware that
transmits information or has a user interface. 36 CFR part 1194, App.
C, Ch. 4. In particular, the Board is considering including those
requirements that specifically pertain to hardware that by its design
does not support a user's assistive technology other than personal
headsets or other audio couplers. Such hardware is referred to as
having ``closed functionality.'' The Revised 508 Standards require
hardware with closed
[[Page 57665]]
functionality to provide speech output for all information displayed
on-screen or needed to verify transactions. Id. at 402. Like the
requirements in the ADA and ABA Accessibility Guidelines, speech output
must be delivered through a mechanism readily available to all users,
such as an industry standard headphone jack or telephone handset, and
the interface must allow users to repeat or pause output. Other
specifications in this section of the 508 Standards which are
harmonized with those in the ADA and ABA Guidelines address braille
instructions for activating speech and volume control, privacy,
operable parts, including input controls, and the visibility of display
screens. Id. at 402.2.5, 402.3, 405, 407, and 408. Display screen
characters must have a cap height of at least 3/16 inch unless there is
a screen enlargement feature, be in a sans serif font, and contrast
from the background either light-on-dark or dark-on-light. Id. at
402.4.
The Revised 508 Standards, which are much more recent than the ADA
and ABA Accessibility Guidelines, contain additional specifications
including provisions that address biometrics, use of color and non-
speech audio to convey information, status indicators, and captioning.
Id. at 403, 409, 410, 411, and 413. The Revised 508 Standards also
provide specifications for volume control for private listening (e.g.,
through a headphone jack) and non-private audio (i.e., speakers) and
require tickets and farecards used with kiosks to have an orientation
that is tactilely discernable if a particular orientation is needed for
use. Id. at 402.3 and 407. Other unique provisions in the Revised 508
Standards address the display screen not blanking automatically when
the speech-output mode is activated, alphabetic keys, timed responses,
and flashing elements that can trigger photosensitive seizures. Id. at
(405.1, 407.3.2, 407.5, and 408.3.
The Board intends to propose provisions for SSTMs and self-service
kiosks based on those for ATMs and fare machines in the ADA and ABA
Accessibility Guidelines and additional criteria relevant to SSTMs and
self-service kiosks from the Revised 508 Standards. This approach is
similar to that taken by DOT in its rule on airport self-service
kiosks.
The Board has prepared a side-by-side comparison of these
requirements in the ADA and ABA Guidelines, the Revised 508 Standards,
and the DOT rule on airport kiosks. This matrix is available in the
rulemaking docket at www.regulations.gov/docket/ATBCB-2022-0004.
Question 5. The Board seeks comment on this planned approach for
the proposed supplementary guidelines for SSTMs and self-service kiosks
outlined in this ANPRM.
The Revised 508 Standards contain requirements not included in the
ADA and ABA Accessibility Guidelines that may pertain to ATMs or fare
machines. These include a provision that biometrics, where provided,
not be the only means of user identification or control. They also
require that tickets, fare cards, or keycards, where provided, have an
orientation that is tactilely discernible when necessary for use.
Question 6. Should requirements for ATMs and fare machines in the
current ADA and ABA Accessibility Guidelines be updated as part of this
rulemaking to address additional features covered in the Revised 508
Standards and the DOT rule pertinent to the accessibility of ATMs and
fare machines?
Question 7. The Board seeks comment from users and manufacturers of
self-service transaction machines and self-service kiosks on their
experiences in using or designing accessible machines and the benefits
and costs associated with the proposed requirements.
Question 8. The Board seeks comments on the numbers of small
entities that may be affected by this rulemaking and the potential
economic impact to these entities; these include small businesses,
small non-profits and governmental entities with a population of fewer
than 50,000. The Board also seeks feedback on any regulatory
alternatives that may minimize significant economic impacts on small
entities.
Question 9. Should SSTM and self-service kiosk which accept credit
and debit cards be required to accept contactless payment systems?
Approved by notational vote of the Access Board on June 10,
2022.
Christopher Kuczynski,
General Counsel.
[FR Doc. 2022-20470 Filed 9-20-22; 8:45 am]
BILLING CODE 8150-01-P