National Association of Convenience Stores
                                                             NACS
                                                              30
                                                       years of service
                                                           1961-1991
                                April 17, 1992


Mr. John L Wodatch, Director
Office of the Americans with Disabilities Act
Civil Rights Division
U.S. Department of Justice
P.O. Box 66118
Washington, D.C. 20035-6118

Dear Mr. Wodatch:

   The National Association of Convenience Stores respectfully requests
guidance on the interpretation and application to the convenience store
industry of certain provisions of the final regulations implementing the
Americans with Disabilities Act ("ADA"), which the Department of Justice
issued on July 26, 1991. 56 Fed. Reg. 35,543 (1992).

   NACS is a national trade association representing over 1,400 retail
members that operate more than 64,000 convenience stores. A typical
convenience store ranges from only 1,500 to 5,000 square feet in size with
a majority between only 2,000 and 3,000 square feet. Convenience stores
are usually densely stocked with 2,000 to 3,500 units of merchandise,
including grocery items, tobacco products, health and beauty aids, and
confectionery items. Many convenience stores also offer prepared foods to
go, frozen foods, beer and wine, general merchandise, and gasoline.
Convenience stores generally offer extended hours of operation. In 1989,
the most recent year for which statistics are available, the average
convenience store had 5.9 employees. However, on average, only one to
two employees were generally on duty at any given time.                        
       

   Specifically, NACS seeks guidance concerning the requirements for  
barrier removal under section 36.304 of the final regulations. 56 Fed. Reg.    
at 35,597-8. First, NACS is concerned about the extent of its obligation to
remove barriers under subsection 36.304(d)(2). That part states:               

        If as a result of compliance with the alteration requirements          
   specified in paragraph (d)(1) of this section, the measures required        
   to remove a barrier would not be readily achievable, a public
                                                                               


01-02917






April 17, 1992
Page 2


   accommodation may take other readily achievable measures to
   remove the barrier that do not fully comply with the specified
   requirements. Such measures include, for example, providing a ramp
   with a steeper slope or widening a doorway to a narrower width
   than those mandated by the alterations requirements.

The requirements specified in paragraph (d)(1) are the requirements
applicable to alterations under sections 36.402 and sections 36.404-36.406
of the final regulations. 56 Fed. Reg. at 35,559-35,602.  Subsection
36.406(a) specifically requires that alterations meet the ADA Accessibility
Guidelines ("ADAAG") that were published by the Attorney General as an
appendix to the final rules. 56 Fed. Reg. at 35,605. Thus, it appears that
places of public accommodations must remove barriers only if removal of
those barriers results in reaching or exceeding the ADAAG standards.

   However, NACS is concerned that the final regulations may be
interpreted to require barrier removal even if such removal would not
result in reaching or exceeding the ADAAG accessibility standards. Thus,
if widening, a continuous aisle to 32 inches is readily achievable, such
widening could be required even though the ADAAG accessibility standard
for continuous aisle width for a single wheelchair is 36 inches. See 56 Fed.
Reg. at 35,620. NACS seeks the Justice Department's guidance on this
issue.

   Second, NACS seeks guidance on whether the reach range requirements
of sections 4.2.5 and 4.2.6 of the ADAAG are relevant to the barrier
removal requirements for convenience store operators. See 56 Fed. Reg.
at 35,620-35,625. The ADAAG accessibility standards for new construction
do not require "[s]helves or display units allowing self-service by customers
in mercantile occupancies" to comply with requirements for accessible reach
range. ADAAG   4.1.3(12)(b); 56 Fed. Reg. at 35,615. Thus, it appears
that while newly constructed convenience stores need not comply with the
reach requirements, existing convenience stores must remove barriers to
satisfy those requirements if doing so would be readily achievable. NACS
requests your assistance in resolving this apparently anomalous situation.

   NACS looks forward to working with the Justice Department to assist
its members in complying with the ADA. Thank you very much for your
assistance with these requests.

                                       Sincerely,



                                       Marc N. Katz
                                       Manager, Congressional Affairs



01-02918