# 16


III-7.5185 
DJ 192-180-04985

                                               May 27, 1992




Mr. James M. Johnson, III
Senior Vice President
Sunshine Bank
Post Office Drawer 2769
Fort Walton Beach, Florida

Dear Mr. Johnson:

     I am responding to your letter to Congressman Earl Hutto
regarding the requirements of title III of the Americans with
Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat. 327
(July 26, 1990), and this Department's regulation implementing
title III, 56 Fed. Reg. 35,544 (July 26, 1991).  Specifically,
you seek clarification of the requirements applicable to the
relocation of automatic teller machines (ATM's).

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities that have      
rights or responsibilities under the Act.  This letter provides
informal guidance about the provisions of the ADA.  This
technical assistance does not constitute a determination by the
Department of your rights or responsibilities under the ADA, and
it is not binding on the Department.

     The requirements for accessible ATM's are established in
{{4.1.3(20) and 4.34 of the ADA Accessibility Guidelines, which
are published as Appendix A to this Department's regulation
implementing title III.  The Guidelines were developed by the
Architectural and Transportation Barriers Compliance Board
(Access Board).

     All newly constructed ATM's must comply with the Guidelines. 
Alterations to ATM's must comply with the Guidelines unless it is
technically infeasible to do so.  Cost factors are not to be
considered in determining if an accessible alteration is
feasible.  Existing ATM's that are not otherwise being altered,
but are being relocated to improve accessibility, should comply
with the Guidelines to the extent that it is readily achievable 
for a financial institution to bring them into compliance.  The
ADA defines readily achievable as "easily accomplishable and able
to be carried out without much difficulty or expense," and this
Department's regulation sets out the factors to consider in
making this determination.

     Please note that in response to concerns raised by the
American Bankers Association, the requirements set by the
Guidelines in {{4.2.5 and 4.2.6 for "reach ranges," as they
relate to the location of ATM controls, are under review by the
Access Board.  This review has the support and concurrence of the
Department of Justice.  However, while changes to the rule are
under consideration, the Department is not in a position to amend
the provision on ATM's and we are constrained to enforce the
requirements of the ADA regulation now in effect.  You should be
aware that {2.2 of the ADA Accessibility Guidelines permits
departures from particular technical requirements by use of other
designs and technologies where the alternative designs and
technologies will provide substantially equivalent or greater
access to and usability of the facility.  If you can demonstrate
that particular ATM's, as installed, provide equivalent
facilitation, they will be considered as complying with the ADA. 
You may be able to show that meeting one of the reach ranges
specified in {4.2.5 or {4.2.6 provides equivalent facilitation,
assuming all other requirements for ATM's contained in {4.34.1,
{4.34.2, and {4.34.4 are met.

     I have enclosed a copy of our title III regulation, which
contains the ATM requirements at {4.34.  In addition, the
Department recently published a technical assistance manual to
assist individuals and entities affected by title III of the ADA
to understand their rights and responsibilities under the Act.  I
am enclosing a copy of that manual for your information.  I hope
that this information is helpful to you.

                                   Sincerely,




                                 John R. Dunne
                           Assistant Attorney General
                             Civil Rights Division

Enclosures (2)

cc:  Congressman Earl Hutto