[Federal Register Volume 66, Number 25 (Tuesday, February 6, 2001)]
[Rules and Regulations]
[Pages 9048-9054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2853]
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DEPARTMENT OF TRANSPORTATION
49 CFR Part 37
[Docket OST-1998-3648]
RIN 2105-ACOO
Transportation for Individuals With Disabilities--Accessibility
of Over-the-Road Buses (OTRBs)
AGENCY: Office of the Secretary, DOT.
ACTION: Interim final rule; Request for comments.
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SUMMARY: The Department is amending its Americans with Disabilities Act
(ADA) regulations concerning accessibility of over-the-road buses
(OTRBs) by removing the provision requiring compensation to passengers
who do not receive required service, clarifiying the information
collection requirements, postponing until March 26, 2001, the
requirement for bus companies to submit information reporting ridership
on accessible fixed route service and the acquisition of buses, and
designating a different address for regulated parties to use in
submitting the required information. The amendments respond to a recent
court decision and comments on the information collection requirements.
DATES: Effective Date: This rule becomes effective March 8, 2001.
Written Comments: Comments on the interim final rule must be
submitted on or before March 8, 2001.
ADDRESSES: The public is invited to submit written comments on the
Interim Final Rule. The Interim Final Rule may be changed in light of
the comments received. Written comments should refer to the docket
number of this interim rule and be submitted in duplicate to: DOT
Central Docket Management Facility located in room PL-401 at the Plaza
level of the Nassif Building, 400 Seventh Street, SW., Washington, DC
20590.
Organizations and individuals desiring to submit comments on the
collection of information requirements should direct them to the Office
of Management and Budget, Attention: Desk Officer for the Office of the
Secretary of Transportation, Office of Information and Regulatory
Affairs, Washington, DC 20503, and should also send a copy of their
comments to: DOT Central Docket Management Facility located in room PL-
401 at the Plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC 20590.
All docket material will be available for inspection at this
address and on the Internet at http://dms.dot.gov. Docket hours at the
Nassif Building are Monday-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: Blane A. Workie, Attorney, Regulation
and Enforcement, Office of the General Counsel, 400 7th Street, SW.,
Room 10424, Washington, DC 20590, 202-366-9306 (voice), 202-366-9313
(fax), or blane,[email protected] (email).
SUPPLEMENTARY INFORMATION: The Department's September 1998 final rule
[[Page 9049]]
on over-the-road bus accessibility contained a number of information
collection requirements and a requirement that bus operators compensate
disabled passengers when required service is not provided. The final
rule amends both of the aforementioned requirements and postpones until
March 26, 2001, the requirement for bus companies to submit information
reporting ridership on accessible fixed route service and the
acquisition of buses. The Department addresses the reasons for the
amendments in turn.
Section 37.199 Compensation for Failure To Provide Required Vehicles
or Service
As a means of ensuring that OTRB operators were accountable for
meeting service requirements under the final rule, the Department
adopted a suggestion made by bus industry commenters during the comment
period leading to the final rule. Section 37.199 of the final rule
requires bus operators to make modest compensation payments to disabled
passengers when required service is not provided. This provision
focuses primarily, though not exclusively, on 48-hour advance notice
service.
The bus industry sought judicial review of the entire final rule.
The U.S. District Court for the District of Columbia upheld the final
rule in every respect. American Bus Association, Inc. v. Rodney E.
Slater, No. 98 Civ. 2351 (D. D.C. September 10, 1999). The industry
then appealed the District Court decision solely with respect to
Sec. 37.199. On November 14, 2000, the Federal Appeals Court for the
District of Columbia Circuit determined that the compensation provision
was not authorized by statute. American Bus Association, Inc. v. Rodney
E. Slater, 231 F.3d 1 (D.C. Cir. Nov. 14, 2000). In consequence of the
court's decision, the Department in this final rule is deleting
Sec. 37.199, as well as certain recordkeeping and reporting provisions
that relate to the compensation provision.
The Department wishes to emphasize that the remainder of the rule,
including all requirements for accessible buses and bus service, remain
fully in effect. The court decision does not change these requirements
in any way.
The Department continues to believe that OTRB operators must remain
accountable for proper implementation of all required service under the
rule. While removing Sec. 37.199 will eliminate the opportunity for
individual passengers to receive compensation automatically for the
denial of required service, there are other existing means through
which the Department's rule can be enforced.
Under Title III of the ADA, there are judicial remedies available
for noncompliance (e.g., enforcement litigation brought by the
Department of Justice). Also, the OTRB rule includes recordkeeping and
reporting requirements concerning the provision of service. These
requirements will allow the Department and other interested persons to
determine the extent to which OTRB operators provide required service.
It may also provide a factual basis for the Department to work with the
Department of Justice on potential enforcement actions. The Department
seeks comment on whether there are other appropriate enforcement
mechanisms that the Department could, in the future, propose to replace
Sec. 37.199.
The Department also seeks comment on whether, in the absence of
Sec. 37.199, we should reconsider certain substantive provisions of the
rule. During the comment period leading to the OTRB rule, bus industry
commenters asked to maximize the use of on-call accessible bus service,
saying that it was the most cost-effective approach to providing
accessible services. Disability community commenters disagreed, saying
that on-call service had shown itself to be unreliable and that
disabled passengers could not count on the bus industry to comply fully
with on-call service obligations.
To mitigate impacts of the rule on small businesses, we permitted
charter/tour operators and smaller fixed-route and mixed-service
operators to meet their requirements through 48-hour on-call services,
rather than requiring them to purchase accessible buses in all cases.
We believed that this decision was reasonable, in part, because it was
balanced by the compensation provision of Sec. 37.199, which would help
to ensure that bus operators met their obligations. In the absence of
this accountability mechanism, should the Department reconsider its
decision to allow extensive use of on-call bus service? For example,
should we propose requiring acquisition of accessible buses in some
situations where on-call service is not permitted? 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 economic impacts on small businesses?
Section 37.213 Information Collection Requirements
The Department is making changes to the final rule regarding the
information collection requirements in response to comments. In an
April 1, 1999, Federal Register notice (64 FR 15866), we asked for
comments on these requirements under the Paperwork Reduction Act. We
received 91 comments from members of disability community
organizations, individuals with disabilities, and state and local
agencies that work with individuals with disabilities. Prior to this
notice, the American Bus Association (ABA) had provided a comment on
the information collection requirements of the rule. We received no
additional comments from the bus industry regarding the information
collection requirements following the April 1999 notice.
The common theme among the disability community comments was that
the only way to protect the civil rights of people with disabilities
and provide equal access to transportation is to hold OTRB companies
accountable by requiring documentation. Documentation is the only way a
disabled passenger can prove that he or she made a request for advance
service or equivalent service or that lawful compensation is due.
The commenters, however, had concerns regarding the proposed
documentation. One concern was that bus companies may require the
passenger to provide documentation as proof or as a prerequisite to
receiving accessible service. A commenter requested that the rule make
clear that neither a copy of the form or confirmation number is needed
as proof of request or as a prerequisite to receiving accessible
service. DOT believes that it is clear that bus companies cannot
require documentation as a prerequisite to receiving accessible
service. Nowhere in the rule is there a requirement for disabled
persons to provide proof of request as a prerequisite to receiving
accessible service.
A second concern was that the request for an accessible bus should
cover the entire trip, including round trip or any connections, and
operators should be required to document the arrangements that were
made to provide an accessible bus. Commenters wanted assurance that a
passenger traveling round trip or whose trip involves bus changes
should only have to make one request. DOT believes that the rule
intends for a request for accessible bus service to cover the entire
trip, including round trip and/or any connections. The
[[Page 9050]]
amendment revises the rule to clarify this point.
A third concern was that the rule does not specify what constitutes
a failure to provide an accessible bus. A failure to provide service
occurs when accessible service is not provided. Specific questions as
to whether there is a failure on the part of operator to provide the
requested accessible service when the passenger is made to wait or
accepts an alternative arrangement are primarily matters of
interpretation. DOT does not believe it is necessary to modify the
regulations for this purpose.
Commenters supported the requirement that bus companies report the
number of new or used accessible buses that have been purchased or
leased. Many commenters explained that this requirement is essential to
monitor companies' compliance with the regulations. One commenter
suggested that companies should be required to report both the number
of accessible buses that are actually used in service and the number of
accessible buses in the entire fleet. DOT does not think, however, that
there is a strong rationale for requiring companies to report the
number of accessible buses that are actually used in service, since the
rule already requires fixed route operators to report the number of
accessible buses in each category and ridership on accessible buses.
Another commenter expressed a concern with how bus companies are
planning to make their fleets accessible. Specifically, the commenter
wanted data indicating whether companies would raise fares or receive
government assistance. As stated in the September 1998 final rule's
preamble, there are a variety of programs that provide financial
assistance or relief to OTRB companies. OTRB companies accepted over $2
million in accessibility subsidies during 1999, for example. The
Department does not believe, however, that it is necessary to collect
extensive fare information, which can reflect a variety of market
influences.
Some disability community commenters said that the requirement that
bus companies report the number of lift boardings should be eliminated
from the rule. There is a general belief among disability community
commenters that, historically, bus companies have underreported this
information and that DOT's reliance on this data will be detrimental to
the disability community. Thus, in the absence of some way to
independently verify this data, they assert that this requirement
should be dropped. The ABA believes that reporting under the rule
should be limited to Class I carriers and to data concerning total one-
way trips and total one-way trips by passengers in wheelchairs.
DOT believes that it is important that the rule retain the
requirement to report the number of lift boardings because ridership
has been a major issue in this regulation. Six years from now, there
will be a regulatory review and some measure of usage is potentially
useful information. DOT is aware of concerns of underreporting and will
aim to periodically perform spot checks of lift boarding usage to test
the accuracy of the information provided by the OTRB industry. We are
also willing to consider data developed independently by sources
outside the Department.
We recognize that ABA opposes the accountability requirements of
the rule, and consequently would prefer to avoid reporting information
concerning the success of bus companies in meeting their requirements
for accessible buses and service. Nonetheless, for program evaluation
and compliance purposes, we believe that this recordkeeping and
reporting is vital to ensuring that passengers receive the
nondiscriminatory service that the ADA and the Department's regulation
establish as their civil right.
Many disability community commenters expressed the viewpoint that
the proposed five-year record retention requirement is too short. The
OTRB industry has over thirteen years to phase in the ADA regulations.
Therefore, commenters said, the retention period should be extended to
fifteen or twenty years in order to cover the entire period in which
the regulations are to be phased in. The ABA suggested, however, that
the record retention period be reduced to one year, as a means of
reducing paperwork burdens.
DOT is not persuaded by these arguments and believes that five
years is an appropriate time period for retention of records and a
reasonable compromise between these competing concerns. It is unlikely
that in year 10 there will be a need or interest to look at forms from
year 4, and older records would be of limited use in enforcement
proceedings. In DOT's experience, five years is ample time to retain
records for enforcement purposes. In addition, requiring long-term or
indefinite retention of records could add to the information collection
burden of the rule for Paperwork Reduction Act purposes. Yet,
permitting companies to discard records after one year would probably
be insufficient for program evaluation and compliance purposes.
Commenters further requested that DOT require that the individual
forms be submitted to DOT annually because the summarized reports
submitted by industry might not be entirely accurate. DOT believes that
it is sufficient to require the OTRB industry to submit annual reports,
especially considering the fact that operators must make the forms
available to DOT or Department of Justice (DOJ) officials at their
request. In addition, the limitations of the Department's resources
would make it difficult for us to catalog the additional forms and
review them adequately. Commenters also asserted that records should be
made available to the general public. Most, if not all, of the records
or information that DOT receives from the OTRB industry would be
available to the public under the Freedom of Information Act (FOIA).
There were also a number of comments regarding the proposed forms
to be used. One suggestion is that Form A should denote the locations
where the accessible bus is needed and operators should be required to
document the arrangements made for the return trip or any connections.
A second suggestion is that Forms A and B differ unnecessarily, which
can lead to confusion. A third suggestion is that there needs to be
clarification of when a passenger is entitled to documentation for
equivalent service.
Commenters said that the rule and Form B should more clearly
require small fixed operators who choose to provide equivalent service
give the passenger a copy of Form B upon request for equivalent service
and whenever the requested equivalent service is provided. A fourth
suggestion is that DOT fix an error in item 10 of Form B. Item 10 of
Form B states ``If the answer to items 9 and 10 is no, attach
documentation that compensation required by Department of
Transportation regulations was paid.'' Item 10 mistakenly refers to
item 10 as if it preceded it, leading one commenter to wonder whether
an item is missing from Form B.
Based upon these comments, DOT is revising Appendix A to Subpart H
of Part 37 and section 37.213 of the final rule. As explained earlier,
DOT agrees with the comments that the form should include a question
about the location(s) where an accessible bus is needed. DOT also
agrees with the suggestions that Forms A and B should not differ
unnecessarily. For these reasons, we have eliminated the dual forms and
created one form, which will be used for all purposes. The new form
avoids the problem cited by commenters with respect to item 10 of Form
B. Additionally, the new form does not require OTRB operators attach
[[Page 9051]]
documentation that compensation was paid because the compensation
provision has been eliminated. Furthermore, DOT agrees that there needs
to be clear language in section 37.213(b) of the final rule and Form B
explaining that a passenger is entitled to documentation whenever
equivalent service is requested and whenever the requested equivalent
service is not provided.
The ABA requested clarification of the time in which bus companies
should send copies of the form back to passengers after a request for
accessible or equivalent service. The ABA suggested the next business
day after the request is received. In cases where the carrier failed to
provide accessible or equivalent service, and the carrier paid
compensation, ABA recommended that the form and attached compensation
should be sent within up to seven working days from the failure to
provide service. The ABA said that this would be consistent with the
seven-day time frame for actually providing the compensation.
The Department agrees with the ABA in that on the next business day
after a passenger's request for accessible or equivalent services is
received, bus companies should send copies of the form back to that
passenger. It does not matter whether the operator believes that it has
a basis under the rule for failing to provide accessible or equivalent
service (e.g., the request for accessible service was not made in a
timely manner), it must still send copies of the form to the passenger
on the next business day. The compensation provision has been removed
from the rule and thus, the related requirement of attaching
compensation to the form no longer exists.
Comments were also received suggesting that DOT require bus
companies to post public notice of key ADA requirements on their buses,
at their stations, in their publications, and on their web-sites. Some
commenters propose that the companies make forms available through
various means such as over the internet, via facsimile, available for
pick-up, or mailed on the same day the request is made. Such third-
party notice requirements are viewed as information collection burdens
under the Paperwork Reduction Act, and we are not convinced that they
are necessary burdens to impose. It is in the interest of all
concerned, including the companies, to make customers aware of
available services. The Department can revisit this issue if it
appears, during implementation, that consumers are not receiving
adequate information.
As for the burden estimates, the commenters agreed that most of
DOT's estimations of the burden hours that it will take to comply with
the reporting requirements were reasonable. The only one they felt was
exaggerated was the estimation of the amount of time it will take to
prepare an annual report listing the number of accessible buses. DOT
estimated that it will take 35.4 hours and the commenters feel that
three to five hours is a more accurate estimation. The commenters argue
that computers and the Internet substantially lessen the burden of the
paperwork requirements. OTRB companies can use computers to
automatically confirm and record transactions completed over the
Internet. If the transaction is completed by telephone, an employee can
enter the information as the transaction is taking place. By keeping an
up-to-date database, this information will always be ready and
available. Therefore, it will take minimal hours to report this
information to DOT.
DOT agrees that modern technology could reduce the burden of
preparing an annual report listing the number of accessible buses.
However, the commenters have not provided DOT with the data to support
their belief that three to five hours is a more accurate estimate. All
of DOT's burden hour estimates were calculated using national averages
of cost indicators developed through a major study of records
management costs. The Association of Records Managers and
Administrators (ARMA) sponsored this study.
Extension of Due Date for Information Collection
The September 1998 final rule on over the road buses (49 CFR Part
37, Subpart H) called for bus companies to submit a number of forms,
reports and data to the Department. In this final rule, we extend the
due date for information collection as required by Sec. 37.213 of this
rule. Paragraph (c) of this section called for large operators to make
their first submissions to the Department on October 30, 2000, for the
year beginning in October 1999, and for small operators to make their
first submissions to the Department on October 29, 2001, for the year
beginning in October 2000. Paragraph (d) called for bus companies to
submit their first report on accessible and inaccessible new, used and
leased buses to the Department on October 28, 1999, for the year
beginning in October 1998.
The Department is extending the effective date for some of the
information collection requirements for two reasons. First, although
the Department published a notice requesting comments on these
information collection requirements on April 1, 1999, DOT has not been
able to publish a notice addressing the comments received until today.
Following the publication of this final rule, we expect to obtain an
OMB control number for the new information collection requirements
resulting from the OTRB rulemaking.
Second, in December 1999, two major bus industry associations
petitioned the Department to change this rule. Beginning on October 29,
1999, bus companies were required to submit a report concerning the
acquisition of buses. The industry associations alleged that most
operators were not aware of the requirement and relatively few
operators had submitted the information. Although we did provide legal
notice of the requirement, we believe we should provide more time
because we have not completed the Paperwork Reduction Act requirements.
The Department will also make efforts to inform companies of this
reporting requirement.
The Department, however, does not want to lose the benefit of
information gathered during the past two years regarding company bus
acquisitions. Thus, we are amending Sec. 37.213(d) by changing the
first reporting date for the acquisition of buses from October 29, 1999
to March 26, 2001, but we will require the March 2001 report to include
data for the period of October 1998 through October 2000. All
subsequent submissions will be due on the last Monday in October of
that year and would include a year of data (i.e. the October 29, 2001
submission should include data from October 2000 through October 2001).
The Department also does not want to lose the benefit of
information gathered during the past year regarding ridership. Thus, we
are amending Sec. 37.213(c) by changing the first reporting date for
ridership data for large operators from October 30, 2000 to March 26,
2001. The same data that should have been submitted on October 30,
2000, for the period of October 1999 through October 2000, shall be
submitted on March 26, 2001. Beginning on October 29, 2001 and on the
last Monday in October each year thereafter, large operators must
submit data for the year commencing and ending each October (i.e. the
October 30, 2001 submission by large operators must include data from
October 2000 through October 2001). The due date for submissions by
small operators, October 29, 2001, remains unchanged except to clarify
that data for each year thereafter must be submitted on the last Monday
in October.
[[Page 9052]]
Additionally, we are amending Sec. 37.213(a), (b), (c), and (d) by
deleting the phrase ``on that date'' and adding the phrase ``on the
last Monday in October'' to clarify that the due date for the
submission of data in subsequent years is always the last Monday in
October.
Finally, petitioners were correct in stating that there was
uncertainty about which office in DOT would collect the data in this
and other reports. Although the September 1998 report designated the
Bureau of Transportation Statistics (BTS) to play this role, DOT has
decided to require submission of the reports to the Office of Data
Analysis and Information Systems in the Federal Motor Carrier Safety
Administration, and the rule has been changed to this effect.
Regulatory Analysis and 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 Regulatory Policies and Procedures
because there are no costs associated with this rule.
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.
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 impact on a substantial number of small entities. We hereby
certify this final rule will not have a significant economic impact on
a substantial number of small entities because it imposes no costs.
Paperwork Reduction Act
As required by the Paperwork Reduction Act of 1995, DOT has
submitted the Information Collection Requests (ICRs) abstracted below
to the Office of Management and Budget (OMB). Before OMB decides
whether to approve these proposed collections of information and issue
a control number, the public must be provided 30 days to comment.
Organizations and individuals desiring to submit comments on the
collection of information requirements should direct them to the Office
of Management and Budget, Attention: Desk Officer for the Office of the
Secretary of Transportation, Office of Information and Regulatory
Affairs, Washington, DC 20503, and should also send a copy of their
comments to: DOT Central Docket Management Facility located in room PL-
401 at the Plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC 20590. OMB is required to make a decision concerning the
collection of information requirements contained in this rule between
30 and 60 days after publication of this document in the Federal
Register. Therefore, a comment to OMB is best assured of having its
full effect if OMB receives it within 30 days of publication.
We will respond to any OMB or public comments on the information
collection requirements contained in this rule. OST may not impose a
penalty on persons for violating information collection requirements
which do not display a current OMB control number, if required. OST
intends to obtain current OMB control numbers for any new information
collection requirements resulting from this rulemaking action. The OMB
control number, when assigned, will be announced by separate notice in
the Federal Register.
The ICRs were previously published in the Federal Register (54 FR
15866). Although minor changes in the information collection burden
hours in 1(A)-(D) and 2(A)-(C) as well as the estimated total annual
burden hours have been made due to mathematical errors in the previous
submission, the assumptions upon which these calculations are based
have not changed. Moreover, the effect on the information collection
burden hours of the elimination of the compensation requirement
provision on the ICRs is de minimis.
The DOT Final Rule on Accessibility of Over-the-Road Buses has
information collection requirements in four areas: (1) Advance notice
requests; (2) equivalent service; (3) ridership on accessible fixed
route service; and, (4) number of accessible and inaccessible purchased
or leased buses.
(1)(A) Requirement to fill out a form each time there is an advance
notice request.
Respondents: Demand-responsive (i.e. charter/tour service)
operators. Fixed route companies before fleet becomes fully accessible.
Small mixed service operators that choose to provide 48 hour notice.
Estimated Annual Burden on Respondents: 3.3 (low estimate) to 5.0
(high estimate) hours for each of the 3,448 respondents.
Estimated Total Annual Burden: 11,478 (low estimate) to 17,321
(high estimate) hours.
Frequency: 15 times (low estimate) and 23 times (high estimate) in
initial year.
(1)(B) Requirement to provide a copy of the form to the passenger
when the operator receives a request for accessible bus service.
Respondents: Demand-responsive (i.e. charter/tour service)
operators. Fixed route companies before fleet becomes fully accessible.
Small mixed service operators that choose to provide 48 hour notice.
Estimated Annual Burden on Respondents: 3.1 (low estimate) to 4.7
hours (high estimate) for each of the 3,448 respondents.
Estimated Total Annual Burden: 10,787 (low estimate) to 16,277
(high estimate) hours.
Frequency: 15 times (low estimate) and 23 times (high estimate) in
initial year.
(1)(C) Requirement to provide a copy of the form to the passenger
on the scheduled date of trip if the requested accessible bus was not
provided.
Respondents: Demand-responsive (i.e. charter/tour service)
operators. Fixed route companies before fleet becomes fully accessible.
Small mixed service operators that choose to provide 48 hour notice.
Estimated Annual Burden on Respondents: 0.3 (low estimate) to 0.5
hours (high estimate) for each of the 3,448 respondents.
Estimated Total Annual Burden: 1,079 (low estimate) to 1628 (high
estimate) hours.
[[Page 9053]]
Frequency: 1 time (low estimate) to 2 times (high estimate) in
initial year.
(1)(D) Requirement to retain one copy of the form for 5 years.
Respondents: Demand-responsive (i.e. charter/tour service)
operators. Fixed route companies before fleet becomes fully accessible.
Small mixed service operators that choose to provide 48 hour notice.
Estimated Annual Burden on Respondents: 1.9 (low estimate) to 2.9
(high estimate) hours for each of the 3,448 respondents.
Estimated Total Annual Burden: 6,627 (low estimate) to 9999 (high
estimate) hours.
Frequency: 15 times (low estimate) and 23 times (high estimate) in
initial year.
(1)(E) Requirement to submit a summary of its form to DOT.
Respondents: Demand-responsive (i.e. charter/tour service)
operators. Fixed route companies before fleet becomes fully accessible.
Small mixed service operators that choose to provide 48 hour notice.
Estimated Annual Burden on Respondents: 35.4 hours for each of the
3,448 respondents.
Estimated Total Annual Burden: 122,059 hours.
Frequency: Submit summary to DOT annually.
(2)(A) Requirement to fill out a form each time fixed route
operator provides equivalent service.
Respondents: Small fixed route operators who choose to provide
equivalent service to passengers with disabilities.
Estimated Annual Burden on Respondents: 4.0 (low estimate) to 6.3
(high estimate) hours for each of the 215 respondents.
Estimated Total Annual Burden: 870 (low estimate) to 1356 (high
estimate) hours.
Frequency: 18 times (low estimate) and 28 times (high estimate) in
initial year.
(2)(B)Requirement to provide one copy of the form to the passenger.
Respondents: Small fixed route operators who choose to provide
equivalent service to passengers with disabilities.
Estimated Annual Burden on Respondents: 3.8 (low estimate) to 5.9
(high estimate) hours for each of the 215 respondents.
Estimated Total Annual Burden: 817 (low estimate) to 1274 (high
estimate) hours.
Frequency: 18 times (low estimate) and 28 times (high estimate) in
initial year.
(2)(C) Requirement to retain copy for 5 years.
Respondents: Small fixed route operators who choose to provide
equivalent service to passengers with disabilities.
Estimated Annual Burden on Respondents: 2.3 (low estimate) to 3.6
(high estimate) hours for each of the 215 respondents.
Estimated Total Annual Burden: 502 (low estimate) to 783 (high
estimate) hours.
Frequency: 18 times (low estimate) and 28 times (high estimate) in
initial year.
(2)(D)Requirement to submit a summary of its form to DOT.
Respondents: Small fixed route operators who choose to provide
equivalent service to passengers with disabilities.
Estimated Annual Burden on Respondents: 35.4 hours for each of the
215 respondents.
Estimated Total Annual Burden: 7,611 hours.
Frequency: Submit summary to DOT annually.
(3) Requirement to submit a report to DOT on ridership on
accessible fixed route buses.
Respondents: Fixed route operators.
Estimated Annual Burden on Respondents: 35.4 hours for each of the
448 respondents.
Estimated Total Annual Burden: 15,859 hours.
Frequency: Submit report to DOT annually.
(4) Requirement to submit a report to DOT listing the number of
accessible and inaccessible new and used buses it has purchased or
leased, as well as the total numbers of buses in operators' fleets.
Respondents: All operators.
Estimated Annual Burden on Respondents: 35.4 hours for each of the
3448 respondents.
Estimated Total Annual Burden: 122,059 hours.
Frequency: Submit report to DOT annually.
The estimated total annual burden resulting from the collection of
information in the DOT Final Rule on Accessibility of Over-the-Road
Buses is between 299,748 hours (low estimate) to 316,226 hours (high
estimate).
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.
List of Subjects in 49 CFR Part 37
Buildings and facilities, Buses, Civil rights, Individuals with
disabilities, Mass transportation, Railroads, Reporting and
recordkeeping requirements, Transportation.
Issued this 18th day of January, 2000, at Washington, DC.
Rodney E. Slater,
Secretary of Transportation.
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)
1. The authority citation for part 37 continues to read as follows:
Authority: 42 U.S.C. 12101-12213; 49 U.S.C. 322.
Subpart H--Over-the-Road Buses (OTRBs)
Sec. 37.199 [Removed and Reserved]
2. Remove and reserve Sec. 37.199.
3. Revise Sec. 37.213 to read as follows:
Sec. 37.213 Information collection requirements.
(a) This paragraph (a) applies to demand-responsive operators under
Sec. 37.189 and fixed-route operators under Sec. 37.193(a)(1) that are
required to, and small mixed-service operators under Sec. 37.191 that
choose to, provide accessible OTRB service on 48 hours' advance notice.
(1) When the operator receives a request for an accessible bus or
equivalent service, the operator shall complete lines 1-9 of the
Service Request Form in Appendix A to this subpart. The operator shall
transmit a copy of the form to the passenger no later than the end of
the next business day following the receipt of the request. 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).
(2) On the scheduled date(s) of the trip(s), the operator providing
the trip shall complete lines 10 and 11 of the form. In any case in
which the requested accessible bus was not provided, the operator shall
transmit a copy of the form to the passenger no later than the end of
the next business day following failure to provide requested service.
(3) The operator shall retain its copy of the completed form for
five years. The operator shall make these forms available to Department
of Transportation or Department of Justice officials at their request.
(4) Beginning October 29, 2001, for large operators, and October
28, 2002,
[[Page 9054]]
for small operators, and on the last Monday in October in each year
thereafter, each operator shall submit a summary of its forms to the
Department of Transportation. The summary shall state the number of
requests for accessible bus service and the number of times these
requests were met. It shall also include the name, address, telephone
number, and contact person name for the operator.
(b) This paragraph (b) applies to small fixed route operators who
choose to provide equivalent service to passengers with disabilities
under Sec. 37.183(b)(2).
(1) The operator shall complete the Service Request Form in
Appendix A to this subpart on every occasion on which a passenger with
a disability needs equivalent service in order to be provided
transportation.
(2) The operator shall transmit a copy of the form to the passenger
no later than the next business day following request for equivalent
service and whenever the requested equivalent service is not provided.
The operator shall retain its copy of the completed form for five
years. The operator shall make these forms available to the Department
of Transportation of Department of Justice officials at their request.
(3) Beginning on October 28, 2002 and on the last Monday in October
in each year therafter, each operator shall submit a summary of its
forms to the Department of Transportation. The summary shall state the
number of situations in which equivalent service was needed and the
number of times such service was provided. It shall also include the
name, address, telephone number, and contact person name for the
operator.
(c) This paragraph (c ) applies to fixed-route operators.
(1) On March 26, 2001, each fixed-route large operator shall submit
to the Department a report on how many passengers with disabilities
used the lift to board accessible buses for the period of October 1999
to October 2000. For fixed-route operators, the report shall reflect
separately the data pertaining to 48-hour advance reservation service
and other service.
(2) Beginning on October 29, 2001 and on the last Monday in October
in each year thereafter, each fixed-route operator shall submit to the
Department, a report on how many passengers with disabilities used the
lift to board accessible buses. For fixed-route operators, the report
shall reflect separately the data pertaining to 48-hour advance
reservation service and other service.
(d) This paragraph (d) applies to each over the road bus operator.
(1) On March 26, 2001, each operator shall submit to the
Department, a summary report listing the number of new buses and used
buses it has purchased or leased for the period of October 1998 through
October 2000, and how many buses in each category are accessible. It
shall also include the total number of buses in the operator's fleet
and the name, address, telephone number, and contact person name for
the operator.
(2) Beginning on October 29, 2001 and on the last Monday in October
in each year thereafter, each operator shall submit to the Department,
a summary report listing the number of new buses and used buses it has
purchased or leased during the preceding year, and how many buses in
each category are accessible. It shall also include the total number of
buses in the operator's fleet and the name, address, telephone number,
and contact person name for the operator.
(e) The information required to be submitted to the Department
shall be sent to the following address: Federal Motor Carrier Safety
Administration, Office of Data Analysis & Information System 400 7th
Street, S.W., Washington, D.C. 20590.
4. Revise Appendix A to Subpart H of Part 37 to read as follows:
Appendix A to Subpart H of Part 37--Service Request Form
Form for Advance Notice Requests and Provision of Equivalent Service
1. Operator's name-----------------------------------------------------
2. Address-------------------------------------------------------------
----------------------------------------------------------------------
3. Phone number:-------------------------------------------------------
4. Passenger's name:---------------------------------------------------
5. Address:------------------------------------------------------------
----------------------------------------------------------------------
6. Phone number:-------------------------------------------------------
7. Scheduled date(s) and time(s) of trip(s):---------------------------
----------------------------------------------------------------------
8. Date and time of request:-------------------------------------------
9. Location(s) of need for accessible bus or equivalent service, as
applicable:------------------------------------------------------------
10. Was accessible bus or equivalent service, as applicable,
provided for trip(s)?
Yes ________ no ________
11. Was there a basis recognized by U.S. Department of
transportation regulations for not providing an accessible bus or
equivalent service, as applicable, for the trip(s)? Yes ________ no
________
If yes, explain--------------------------------------------------------
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[FR Doc. 01-2853 Filed 2-5-01; 8:45 am]
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