[Federal Register Volume 68, Number 62 (Tuesday, April 1, 2003)]
[Rules and Regulations]
[Pages 15672-15674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7549]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 665

[FTA Docket No. 98-B]
RIN 2132-AA30


Bus Testing

AGENCY: Federal Transit Administration, DOT.

ACTION: Final rule.

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SUMMARY: The Federal Transit Administration is adopting, as a final 
rule, without change, the current interim final rule that sets forth 
regulations governing the testing of vehicles used in mass 
transportation service.

EFFECTIVE DATE: June 2, 2003.

FOR FURTHER INFORMATION CONTACT: For technical questions, contact 
Marcel Belanger, Office of Research and Innovation, Federal Transit 
Administration, (202) 366-0725. For legal issues, contact Richard L. 
Wong, Office of the Chief Counsel, Federal Transit Administration, 
(202) 366-4011.

[[Page 15673]]


SUPPLEMENTARY INFORMATION:

Background

    The Surface Transportation and Uniform Relocation Assistance Act of 
1987 (STURAA) required FTA to establish a facility for the testing of 
buses, and prohibited the expenditure of FTA funds for any new bus 
model that had not first been tested at that facility.
    FTA's initial Notice of Proposed Rulemaking (NPRM), published on 
May 25, 1989, was expansive, proposing that all new vehicles used in 
mass transportation service after September 30, 1989, (the effective 
date in STURAA) would be subject to testing. Due to numerous comments 
from the industry, FTA issued its first interim final rule on August 
23, 1989, limiting testing to large buses, noting that the categories 
of vehicles subject to testing would be expanded over time. Subsequent 
interim final rules adding these remaining categories of vehicles were 
published on October 6, 1990, and July 28, 1992. Because of additional 
industry concerns, however, the effective dates in the July 28, 1992, 
interim final rule were further postponed, finally taking effect on 
February 10, 1993. FTA's fourth interim final rule, issued on November 
3, 1993, set forth the final four subcategories of small vehicles 
subject to testing, and established guidelines for the partial testing 
of bus models that had been fully tested but later are produced with 
changes in configuration or components.
    During the rulemaking process, FTA has had numerous meetings with 
bus manufacturing representatives that were widely publicized 
throughout the industry and interested persons were invited to attend 
the meetings and participate in the deliberations. Most recently, FTA 
and the Pennsylvania Transportation Institute (PTI) conducted a Bus 
Testing Program Workshop at PTI's facilities in State College, 
Pennsylvania, from January 28-29, 2002, in which all entities, both 
vehicle manufacturers and purchasers, were invited to express their 
views on the subject.
    We note that at that workshop, as well as at Bus Rapid Transit 
(BRT) conferences in Los Angeles in April 2002 and at State College in 
June 2002, the issue of testing BRT vehicles was discussed. We believe 
that the current regulation, including the provisions which allow a 
waiver for demonstration vehicles and partial testing procedures, are 
adequate to address vehicles intended for use on BRT systems. FTA, 
however, is willing to entertain petitions for further rulemaking by 
interested parties.
    Administratively, FTA has been pursuing non-regulatory efforts to 
reduce the testing burden on purchasers and manufacturers, such as 
implementing the partial testing procedures in the regulation to 
streamline test procedures and eliminate unnecessary and redundant 
tests. In addition, FTA is reviewing the possibility of progress 
payments, which would affect the funding eligibility of buses 
undergoing testing at PTI.
    After consideration of all relevant material, including the 
discussions at the workshop and conferences, FTA has determined that 
accepting the existing regulation as FTA's final rule, without change, 
as published in the Federal Register (58 FR 58732 November 3, 1993) 
will effectuate the declared intent of STURAA.

Regulatory Analyses and Notices

    FTA has determined that this action is not a significant regulatory 
action within the meaning of Executive Order 12866, as the economic 
affect of this rulemaking will not exceed $100 million or more, it will 
not adversely affect, in a material way, any sector of the economy, nor 
will it interfere with any action taken or planned by another agency 
and would not materially alter the budgetary impact of any 
entitlements, grants, user fees, or loan programs. However, it was 
listed as significant within the meaning of U.S. Department of 
Transportation's regulatory policies and procedures due to 
Congressional interest in the implementation of the program.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 
5 U.S.C. 601-612), FTA has evaluated the effects of this action on 
small entities and has determined that the action will not have a 
significant economic impact on a substantial number of small entities, 
as FTA now pays 80 percent of the testing fee (57 FR 8954, March 13, 
1992), and allows the partial testing of certain vehicles (57 FR 33394, 
July 28, 1992). For these reasons, FTA believes that it has minimized 
the effects of this rule so that it will not have a significant 
economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This rule is consistent with the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4, March 22, 1995, 109 Stat. 48), as it will not 
result in the expenditure by State, local, and tribal governments, in 
the aggregate, or by the private sector, of $100 million or more in any 
one year (2 U.S.C. 1532). This final rule reflects participation by 
state and local governments, and FTA believes it is the least costly 
and most effective way of implementing the statutory mandate.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996, as it will 
not result in an annual effect on the economy of $100 million or more, 
a major increase in costs or prices, or significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of United States-based companies to compete with foreign-based 
companies in domestic and export markets.

Executive Order 13132 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132, and FTA has determined 
that this action does not have sufficient Federalism implications to 
warrant the preparation of a Federalism assessment. FTA believes that 
this action would not preempt any State law or State regulation or 
affect the States' ability to discharge traditional State governmental 
functions.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et 
seq.), Federal agencies must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information they 
conduct, sponsor, or require through regulations. OMB has approved the 
paperwork requirements of this rule (OMB No. 2132-0550), and this 
action will not impose any additional paperwork burden.

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in section 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be

[[Page 15674]]

used to cross-reference this action with the Unified Agenda.

List of Subjects in 49 CFR Part 665

    Vehicle testing. Grant programs--transportation. Mass 
Transportation.


0
Accordingly, the interim rule amending 49 CFR part 665 which was 
published at 58 FR 58732, November 3, 1993, is adopted as a final 
without change.

    Issued on: March 24, 2003.
Jennifer L. Dorn,
Administrator.
[FR Doc. 03-7549 Filed 3-31-03; 8:45 am]
BILLING CODE 4910-17-P