ADA and ADAAG Revisions

1. ADA and ADAAG Revisions

2. ADAAG Update • Background • Key Differences in New Guidelines • Post-Adoption Impacts • Where to go for Additional Information

3. ADAAG Background • ADAAG first published in 1991 along with the ADA • ADA is the law – ADAAG is the guideline or basis of compliance • ADAAG can change • ADA does not change • ATBCB and Department of Justice began • receiving commentary from advocacy groups • almost immediately regarding lack of Title III • compliance • 2008 • 1991 ADAAG for ATMs is NOT • prescriptive for the visually impaired • Effort to re-write ADAAG began in 2000 • Completed in 2004 • Publsihed for review in 2006 • Request for public commentary on final rule in 2008

4. Key Differences in the New Guideline • Highest interoperable device must be no higher than 48” from finished floor elevation • Old guideline allowed 54” with parallel approach clear floor space • Clear floor space requirement is a little larger • Basically 48”x48” vs. 30”x48” • Very specific requirements to accommodate the visually impaired • Audio lead through delivered via head jack or handset • Tactile keyboards w/pictograms • Braille manuals for customers who request them • All other elements stay the same • 22.2 n Force to activate controls • Depth & reach over Obstruction • Minimum heights

5. What Must You do After Implementation? • At the date of adoption or implementation, all new ATM installations MUST: • Have an ANSI derivative (tactile) keyboard • Support audio lead-through • Conform to new height requirements

6. When Does Implementation Occur? Proposed ADA Regulations Withdrawn from OMB Review On January 21, 2009, the Department of Justice notified the Office of Management and Budget (OMB) that the Department has withdrawn its draft final rules to amend the Department’s regulations implementing title II and title III from the OMB review process. This action was taken in response to a memorandum from the President’s Chief of Staff directing the Executive Branch agencies to defer publication of any new regulations until the rules are reviewed and approved by officials appointed by President Obama. No final action will be taken by the Department with respect to these rules until the incoming officials have had the opportunity to review the rulemaking record. Incoming officials will have the full range of rule-making options available to them under the Administrative Procedure Act. Withdrawal of the draft final rules does not affect existing ADA regulations. Title II and title III entities must continue to follow the Department's existing ADA regulations, including the ADA Standards for Accessible Design. • There is a great deal of misunderstanding and misinformation in the market on this point! • It could literally be ANY DAY • The incoming Obama Administration, • per custom, implemented a moratorium • on all old executive orders signed • within the last 90 days of the prior • administration • The revised order was put into the • Federal Register Dec. 18, 2008 • A reasonable expectation for • adoption of the new rule is • July, 2009: • There is no permanent reprieve • From the revised rule!

7. Additional Resources • Architectural and Transportation Barriers Compliance Board (ATBCB) • www.access-board.gov • copies of proposed rule changes • subscribe to Access Currents • Department of Justice • www.usdoj.gov/crt/ada • enforcement updates • compliance checklist • American Banker’s Association • Ginny O’Neil, Senior Counsel at • (202) 663-5073 • - Please note – for ABA members only • NCR • Rob Evans at (937) 445-4833 • NCR response to advocacy group questions • subject matter consultation