[Federal Register Volume 69, Number 129 (Wednesday, July 7, 2004)]
[Rules and Regulations]
[Pages 40794-40796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15414]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 37

[Docket No. OST-1998-3648]
RIN 2105-AC98


Transportation for Individuals With Disabilities--Accessibility 
of Over-the-Road Buses (OTRBs)

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: This final rule makes minor changes to the interim final rule 
published in the Federal Register on February 6, 2001 (66 FR 9048). The 
final rule sets out the ways in which an operator must transmit a copy 
of the request for accessible service. In addition, the final rule 
responds to

[[Page 40795]]

comments received in response to the interim final rule's request for 
comment on: (1) Should the Department reconsider its decision to allow 
extensive use of on-call bus service; (2) should the Department propose 
requiring acquisition of accessible buses in some situations where on-
call service is not permitted; and (3) are there other ways of 
restoring the balance between the Department's objectives of ensuring 
accessible buses and service for passengers with disabilities and 
mitigating the economic impacts on small businesses.

DATES: This final rule becomes effective on July 7, 2004.

FOR FURTHER INFORMATION CONTACT: Linda C. Lasley, Office of the 
Assistant General Counsel for Regulation and Enforcement, Department of 
Transportation, 400 7th Street, SW., Room 10424, Washington, DC 20590, 
(202) 366-4723.

SUPPLEMENTARY INFORMATION: The Department's interim final rule made 
changes to the final rule it published in September 1998 (63 FR 51670). 
Specifically, the interim final rule removed the provision requiring 
compensation to passengers who do not receive required service, 
clarified the information collection requirements, postponed the date 
for bus companies to submit information on ridership on accessible 
fixed route service and the acquisition of buses, and designated a 
different address for regulated parties to submit the required 
information. The interim final rule also asked for comment on: (1) 
Should the Department reconsider its decision to allow extensive use of 
on-call bus service; (2) should the Department propose requiring 
acquisition of accessible buses in some situations where on-call 
service is not permitted; and (3) are there other ways of restoring the 
balance between the Department's objectives of ensuring accessible 
buses and service for passengers with disabilities and mitigating the 
economic impacts on small businesses.

Discussion of Comments

    The Department received five comments on its interim final rule. It 
received comments from the American Bus Association, the Paralyzed 
Veterans of America, Coach USA, Inc., the Disability Rights Education 
and Defense Fund and the Hawaii Disability and Communication Access 
Board. Generally, all of the comments supported a confirmation number 
for passengers requesting service. Only the Hawaii Disability and 
Communication Access Board seemed to disagree with the confirmation 
number approach because it advocates restricting the use of 48-hour on-
call service. In any event, the DOT agrees with the majority of 
commenters that a confirmation number would be appropriate in certain 
situations. Thus, Over-the-Road Bus Companies (OTRB) may respond to a 
request for service in one of three ways. First, a copy of the Service 
Request Form can be mailed to the passenger the next business day after 
the request is received. Second, if the person making the request has 
email access, the OTRB can provide a confirmation number, which 
verifies that the Service Request Form has been filled-out 
electronically and the passenger will receive a paper copy of that 
request when she or he arrives for the service. Third, for passengers 
with facsimile machines, the OTRB can fax a copy of the Service Request 
Form twenty-four hours after receiving the request. If service is 
denied when the passenger arrives, then a completed form indicating the 
denial of service must be given to the passenger at that time. If 
service is denied before the passenger shows up for the requested 
service, then a completed form indicating the denial of service may be 
transmitted in one of the three ways outlined above.
    The Paralyzed Veterans of America and the Disability Rights 
Education and Defense Fund noted that the interim final rule did not 
make the clarification that only one request has to be made for the 
entire trip (legs and return included). A clarification, however, was 
made in the interim final rule with the addition of the following 
language: ``the passenger shall be required to make only one request, 
which covers all legs of the requested trip * * *'' The DOT believes 
this is a sufficient clarification, and, therefore, that rule language 
will not be changed in this final rule.
    The American Bus Association and Coach USA, Inc. commented that 
there is no legal justification for reconsidering the 48-hour rule 
simply because the compensation provision of the rule was judicially 
invalidated. Without commenting on the legal justification for 
reconsidering the 48-hour rule, it behooves the agency to allow the 48-
hour rule to stand as written, with the exception of the minor changes 
made today, until compliance, or lack thereof, provides a greater need 
to reopen the rule. In other words, the Department believes that it 
will be better able to assess the effectiveness of these rules once it 
has sufficient data to analyze.

Regulatory Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    This rulemaking is not ``significant'' under Executive Order 12866 
or the Department of Transportation's Regulatory Policies and 
Procedures because there are no costs and this final rule makes only 
minor changes.

Executive Order 13132 (Federalism)

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule does not adopt any regulation that: (1) Has substantial 
direct effects on the States, the relationship between the national 
government and the states, or the distribution of power and 
responsibilities among the various levels of government; (2) imposes 
substantial direct compliance costs on State and local governments; or 
(3) preempts state law. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.

Executive Order 13084

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13084 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not significantly or uniquely affect the communities of the Indian 
tribal governments and does not impose substantial direct compliance 
costs, the funding and consultation requirements of Executive Order 
13084 do not apply.

Unfunded Mandates Reform Act

    The Department has determined that the requirements of Title II of 
the Unfunded Mandates Reform Act of 1995 do not apply to this 
rulemaking.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines that a rule is not expected to have a 
significant economic impact on a substantial number of small entities. 
In the Department's final rule published on September 28, 1998 (63 FR 
51670), the Department analyzed the costs of this rule and the impact 
on small entities. This final rule makes minor changes regarding the 
way an OTRB provides notice to a passenger that a request for 
accessible service has been received. Since the costs of this 
rulemaking were previously analyzed, and this final rule makes minor 
changes

[[Page 40796]]

that could reduce the paperwork burden on the OTRB industry, I hereby 
certify that this rule will not have significant economic impact on a 
substantial number of small entities.

Paperwork Reduction Act

    As required by the Paperwork Reduction Act of 1995, the Department 
submitted an Information Collect Request to the Office of Management 
and Budget (OMB). We requested comments on our estimates in a Notice 
and Request for Comments published on February 5, 2002 (67 FR 5353). 
The Department received approval on the Information Collection Request 
from OMB and received an information collection number (OMB No. 2100-
0019).

List of Subjects in 49 CFR Part 37

    Buildings and facilities, Buses, Civil Rights, Individuals with 
Disabilities, Mass Transportation, Railroads, Transportation.

0
For the reasons set forth in the preamble, 49 CFR Part 37 is amended as 
follows:

PART 37--TRANSPORTATION SERVICES FOR INDIVIDUALS WITH DISABILITIES 
(ADA)

0
1. The authority for Subpart H, Part 37 continues to read as follows:

    Authority: 42 U.S.C. 12101-12213; 49 U.S.C. 322.


0
2. Revise Sec.  37.213 (a)(2) and (b)(2) as follows:


Sec.  37.213  Information collection requirements.

    (a) * * *
    (1) * * *
    (2) The passenger shall be required to make only one request, which 
covers all legs of the requested trip (e.g., in the case of a round 
trip, both the outgoing and return legs of the trip; in the case of a 
multi-leg trip, all connecting legs). The operator shall transmit a 
copy of the form to the passenger in one of the following ways:
    (i) By first-class United States mail. The operator shall transmit 
the form no later than the end of the next business day following the 
request;
    (ii) By telephone or email. If the passenger can receive the 
confirmation by this method, then the operator shall provide a unique 
confirmation number to the passenger when the request is made and 
provide a paper copy of the form when the passenger arrives for the 
requested trip; or
    (iii) By facsimile transmission. If the passenger can receive the 
confirmation by this method, then the operator shall transmit the form 
within twenty-four hours of the request for transportation.
* * * * *
    (b) * * *
    (1) * * *
    (2) The passenger shall be required to make only one request, which 
covers all legs of the requested trip (e.g., in the case of a round 
trip, both the outgoing and return legs of the trip; in the case of a 
multi-leg trip, all connecting legs). The operator shall transmit a 
copy of the form to the passenger, and whenever the equivalent service 
is not provided, in one of the following ways:
    (i) By first-class United States mail. The operator shall transmit 
the form no later than the end of the next business day following the 
request for equivalent service;
    (ii) By telephone or email. If the passenger can receive the 
confirmation by this method, then the operator shall provide a unique 
confirmation number to the passenger when the request for equivalent 
service is made and provide a paper copy of the form when the passenger 
arrives for the requested trip; or
    (iii) By facsimile transmission. If the passenger can receive the 
confirmation by this method, then the operator shall transmit the form 
within twenty-four hours of the request for equivalent service.
* * * * *

    Issued in Washington, DC, this 22nd day of June, 2004.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 04-15414 Filed 7-6-04; 8:45 am]
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