[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]



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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

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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