DEPARTMENT OF TRANSPORTATION 

49 CFR Part 39 

[Docket OST -2007-26829] 

RIN 2105-AB87 

Transportation for Individuals with Disabilities: Passenger Vessels 

AGENCY: Department of Transportation, Office of the Secretary. 

ACTION: Response to Comments; Change in Effective Date 

4910-9X 

SUMMARY: On July 6,2010, The Department of Transportation issued a new Americans with 

Disabilities Act (ADA) final rule to ensure nondiscrimination on the basis of disability by 

passenger vessel operators (PVOs). The final rule requested comment on three issues: service 

animals, mobility devices, and the consistency of the rule with recent Department of Justice 

ADA rules. This notice responds to those comments and makes certain adjustments in effective 

dates for the final rule. 

EFFECTIVE DATE: 49 CFR section 39.39 is now effective January 3, 2012; the remainder of 

49 CFR Part 39 is now effective January 3, 201 I. 

FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant General 

Counsel for Regulation and Enforcement, Department of Transportation, 1200 New Jersey 

Avenue SE, Room W94-302, Washington, DC 20590. (202) 366-9310 (voice); (202) 366-7687 

(TDD); bob.ashby@dot.gov (e-mail). 

SUPPLEMENTARY INFORMATION: After a lengthy, open, and inclusive rulemaking 

process including an advance notice of proposed rulemaking (ANPRM), a notice of proposed 

rulemaking (NPRM), public meetings, and consultation with the Access Board and the 
Department of Justice (DOJ), the Department of Transportation issued a final rule (49 CFR Part 

39) applying the ADA to the policies and practices of passenger vessel operators (PVOs). The 

rule was issued on July 6, 2010 (75 FR 38878) with an effective date of November 3, 2010. The 

final rule included a request for comment on three issues: service animals, mobility aids, and the 

general consistency of Part 39 with recent DOJ rules under Titles II and III of the ADA. The 

Department worked closely with DOJ to ensure that Part 39, as published, is fully consistent with 

DOJ ADA rules. The question raised in the request for comments was whether it would be 

appropriate for the Department to make changes to the rule that could differ from the DOJ rules 

in some respects. 

The Department received over 30 comments. About two-thirds of these were from 

advocates of psychiatric service animals (PSAs). They supported considering such animals to be 

service animals and opposed permitting emotional service animals (ESAs) to be considered as 

service animals. Two disability organizations supported the use of ESAs on ships and urged the 

Department to permit them to travel with their users. The Department is not making any changes 

in its rules in response to these comments. Part 39's existing definition of service animals 

encompasses PSAs. The preamble to the final rule made clear that ESAs, consistent with DOJ 

rules, are not considered to be service animals that PVOs are required to accommodate, though 

the Department said that it is a good idea for PVOs to accept ESAs. 

Two organizations representing PVOs commented on the rule. Both urged that the 

Department's rules be consistent with those of DOJ. DOT regards its existing rules as being 

consistent with those ofDOJ, in general as well as with respect to particular matters such as 

service animals and mobility aids. The Department is not making any substantive changes to its 

rules, which consequently will remain consistent with those ofDOJ. 
One of these organizations pointed out that the DOJ ADA rules become effective in six 

months rather than four, and that a DOJ provision on hotel reservations had an 18-month 

effective date. It asked that DOT change its effective dates to be consistent with these DOJ 

dates. The Department believes that these requests are reasonable. Consequently, we are 

changing the effective date for most provisions of the rule from November 3, 2010, to January 3, 

2011. In addition to being consistent with the DOJ time frame, this extension will permit more 

time for the Department to work on guidance and interpretations that will assist regulated parties 

and the public implement the new rules smoothly. We will also extend the effective date for the 

cabin reservations section ofthe rule to January 3, 2012. In addition to being consistent with the 

DOJ time frame for hotel reservations, this extension will provide additional time for PYOs to 

make necessary changes to their computer systems to carry out the regulatory requirements. 

Some commenters made comments outside the scope of the Department's request for 

comment. One of the PYO organizations expressed its disagreement with various provisions of 

the final rule and sought clarification of others. Other comments asked for clarifications on some 

issues, such as where complaints should be sent or coverage of coastwise vessels carrying 

passengers not for hire. We will not respond to those comments here, since they are beyond the 

scope of the Department's request for comments, but we would note that, in the normal course of 

business, the Department regularly provides interpretations of or guidance concerning new 

regulatory provisions. We will do so in the case of Part 39 where necessary and appropriate. 

REGULATORY PROCESS MATTERS 

This notice and change in effective dates relates to an underlying final rule that was 

significant for purposes of Executive Order 12886 and the Department's Regulatory Policies and 
Procedures. However, this notice makes no changes in the text of the final regulation, and the 

changes to the effective date of the rule are not themselves significant. These changes do not 

impose any additional costs or burdens on any regulated parties, and they provide regulated 

entities, including small entities, additional time to comply with the regulations. For this reason, 

the Department certifies that these changes to the effective dates do not impose significant 

economic effects on a substantial number of small entities. 

') t\/ ISSUED AT WASHINGTON D.C. THIS <. - DAY OF NOVEMBER, 2010.