[Federal Register Volume 64, Number 84 (Monday, May 3, 1999)]
[Proposed Rules]
[Pages 23590-23591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10996]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 605

[Docket No. FTA-99-5082]
RIN (2131 AA67)


School Bus Operations; Amendment of Tripper Service Definition

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of Proposed rulemaking.

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SUMMARY: This notice of proposed rulemaking (NPRM) seeks to amend and 
clarify the definition of tripper service, set out in the Federal 
Transit Administration's (FTA) school bus regulation. In FTA's 
experience, the current definition does not sufficiently specify which 
student transportation operations are inconsistent with FTA 
requirements. This NPRM describes and requests comment on FTA's 
proposed amendment of the definition of tripper service.

DATES: Comments must be submitted by July 2, 1999.

ADDRESSES: The public is invited to submit written comments on this 
notice. Written comments should refer to the docket number appearing at 
the top of this notice and be submitted to the Docket Clerk, U.S. DOT 
Dockets, Room PL-401, Nassif Building, 400 Seventh Street, SW 
Washington, DC 20590. All comments received will be available for 
examination at the above address. Docket hours at the Nassif Building 
are Monday through Friday, 10 a.m. to 5 p.m., excluding Federal 
holidays. Those desiring notification of receipt of comments must 
include a self-addressed, stamped envelope or postcard.

FOR FURTHER INFORMATION CONTACT: Elizabeth S. Martineau, Office of 
Chief Counsel, Federal Transit Administration, (202) 366-1936 or (202) 
366-3809 (fax).

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    Internet users can access all comments received by the U.S. DOT 
Dockets, Room PL-401, by using the universal resource locator 
(URL):http://dms.dot.gov. It is available 24 hours each day, 365 days 
each year. Please follow the instructions on-line for more information 
and help.
    An electronic copy of this document may be downloaded using a modem 
and suitable communication software from the Government Printing 
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet 
users may reach the Federal Register's home page at: http://
www.nara.gov/fedreg and the Government Printing Office's database at: 
http://www.access.gpo.gov/nars.

II. FTA's Tripper Service Requirements

    Under FTA's school bus requirements, set out at 49 U.S.C. 5323(f) 
and 49 CFR Part 605, recipients may not engage in school bus operations 
exclusively for the transportation of students. These provisions derive 
from 49 U.S.C. 5302(a), which authorizes FTA assistance for mass 
transportation, but specifically excludes school bus service from such 
Federal assistance.
    Section 605.3 of the regulation allows grantees to provide 
``tripper'' service, which is mass transit service modified to 
accommodate the needs of school students and personnel. Buses used for 
tripper service must be clearly marked as open to the public and may 
not carry designations such as ``School Bus'' or ``School Special.'' 
These buses may stop only at a grantee's regular service stop. All 
routes traveled by tripper buses must be within a grantee's regular 
route service as indicated in their published route schedules. The 
purpose of this provision is to ensure that buses acquired with Federal 
assistance are clearly perceived by the public as available to their 
use.

III. FTA's Proposed Amendment

    It has recently come to FTA's attention that certain grantees have 
been providing service to school children that is inconsistent with 
FTA's tripper service requirements. The results of reviews of grantee 
tripper operations have shown that certain grantees are providing 
tripper service that creates the public perception that the buses used 
are for the exclusive use of school children. One grantee uses swing-
arm signs reading ``Caution Students'' on tripper buses. Another 
grantee's tripper buses bear markings indicating that the vehicles are 
transporting children certain times of day. Buses operated by other 
grantees pick up and discharge students on school property and not at 
bus stops that are accessible to the general public. FTA recognizes 
that such practices are not specifically proscribed under the tripper 
service provision; however, they do undermine its purpose, which is to 
ensure that the general public is aware that tripper buses are 
available for their use.
    In order to make it clear to grantees that any type of signage that 
designates vehicles as school buses, and any stops that are not 
accessible to the general public, is impermissible exclusive school 
service, FTA proposes to amend the tripper service provision. Under the 
proposed amendment, buses used in tripper service may not carry 
``School Bus,'' ``School Special,'' ``Student,'' or any other markings 
indicating that they are carrying school children. Moreover, the buses 
may stop only at stops that are clearly marked by the grantee or 
operator as available to the public. FTA believes that tripper buses 
operated in accordance with this proposal will be clearly perceived by 
members of the general public as available for their use. FTA requests 
comment on this proposed amendment.

IV. Regulatory Impacts

A. Regulatory Analyses and Notices

    FTA has determined that this action is not significant under 
Executive Order 12866 or the regulatory policies and procedures of 
Department of Transportation regulatory policies and procedures. 
Because this rule merely clarifies an existing regulatory provision, it 
is anticipated that the impact of this rulemaking will be minimal; 
therefore, a full regulatory evaluation is not required. There are not 
sufficient Federalism implications to warrant the preparation of a 
Federalism Assessment under Executive Order 12612. Because this rule 
does not mandate a business process change or require modifications to 
computer systems, its issuance will not affect a recipient's ability to 
respond to Year 2000 issues.

B. Regulatory Flexibility Act

    In accordance with 5 U.S.C. 603(a), as added by the Regulatory 
Flexibility Act, Pub. L. 96-354, FTA certifies that this rule will not 
have a significant impact on a substantial number of small entities 
within the meaning of the Act, because it requires only minor 
adjustments to the manner in which certain grantees are providing 
tripper service.

C. Paperwork Reduction Act

    This action does not contain a collection of information 
requirement for purposes of the Paperwork Reduction Act of 1995.

List of Subjects in 49 CFR Part 605

    Mass transit: grants; school bus.

    Accordingly, for the reasons described in the preamble, Part 605 of 
Title 49 of

[[Page 23591]]

the Code of Federal Regulations is proposed to be amended as follows:

PART 605--[AMENDED]

    1. By revising the authority citation to read as follows:

    Authority: 49 U.S.C. 5323(f); 49 CFR 1.51.

    2. In Sec. 605.3, revise the definition for ``tripper service'' in 
paragraph (b) to read as follows:


605.3  Definitions.

* * * * *
    Tripper service means regularly scheduled mass transportation 
service that is open to the public and designed or modified to 
accommodate the needs of school students and personnel, using various 
fare collection or subsidy systems. Buses used in tripper service must 
be clearly marked as open to the public and may not carry destination 
signs such as ``school bus,'' ``school special,'' ``student,'' or any 
other marking indicating that they are carrying school children. These 
buses may stop only at stops that are accessible to the public and that 
are clearly marked as available to the public. All routes traveled by 
tripper buses must be within a grantee's or operator's regular route 
service as indicated in their published route schedules.
* * * * *
    Issued on: April 28, 1999.
Gordon J. Linton,
Administrator.
[FR Doc. 99-10996 Filed 4-30-99; 8:45 am]
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