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###### Department of Transportation

###### Federal Transit Administration

          - [FTA Docket No. FTA-2004-17003]

# AGENCY:

Federal Transit Administration, DOT.

# ACTION:

Notice of request for comments.

# SUMMARY:

                        In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501*et seq.*), this notice announces the intention of the Information Collection Request (ICR) for extension of the currently approved information collection. The                         **Federal Register**                         Notice with a 60-day comment period soliciting comments was published on September 26, 2003.                    

# DATES:

Comments must be submitted before March 8, 2004. A comment to OMB is most effective if OMB receives it within 30 days of publication.

# FOR FURTHER INFORMATION CONTACT:

Sylvia L. Marion, Office of Administration, Office of Management Planning, (202) 366-6680.

# SUPPLEMENTARY INFORMATION: 

*Title:*                     Americans with Disabilities Act                     *(OMB Number: 2132-0555).*

*Abstract:*                     On July 26, 1990, the President signed into law civil rights legislation entitled, “The Americans with Disabilities Act of 1990” (ADA) (Pub. L. 101-336). It contains sweeping changes for individuals with disabilities in every major area of American life. One key area of the legislation addresses transportation services provided by public and private entities. Some of the requirements under the ADA are: (1) No transportation entity shall discriminate against an individual with a disability in connection with the provision of transportation service; (2) All new vehicles purchased by public and private entities after August 25, 1990, must be readily accessible to and usable by persons with disabilities, including individuals who use wheelchairs; (3) Public entities that provide fixed route transit must provide complementary paratransit services for persons with disabilities, who are unable to use the fixed route system, that is comparable to the level of service provided to individuals without disabilities; and (4) Transit authorities who are able to substantiate that compliance with all service criteria of the paratransit provisions would cause undue financial burden, may request a temporary time extension in implementing ADA complementary paratransit service.                

On September 6, 1991, DOT issued a final rule implementing the transportation provisions of ADA (Title 49 CFR parts 27, 37, and 38), which includes the requirements for complementary paratransit service by public entities operating a fixed route system and the provision of nondiscriminatory accessible transportation service. The regulation sets forth the changes needed to fulfill the Congressional mandates to substantially improve access to mass transit service for persons with disabilities. Effective January 26, 1997, paratransit plans are no longer required. However, if FTA reasonably believes that an entity may not be complying with all service criteria, FTA may require an annual update to the entity's plan. In addition, all other ADA compliance requirements must still be satisfied. The information collected provides FTA with a basis for monitoring compliance. The public entities, including recipients of FTA funds, are required to provide information during triennial reviews, complaint investigations, resolutions of complaints, and compliance reviews.

*Estimated Total Annual Burden:*                     36,000 hours.                

# ADDRESSES:

                        All written comments must refer to the docket number that appears at the top of this document and be submitted to the Office of Information                               ( print page 5654)                            and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, Attention: FTA Desk Officer.                    

*Comments Are Invited On:*                         Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology.                    

Dated: January 30, 2004.

Ann M. Linnertz,

Special Projects Officer.

[FR Doc. 04-2451  Filed 2-4-04; 8:45 am]

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