DEPARTMENT OFTRANSPORTATION 49 CFRPart 39 [Docket OST-2007-26829] RIN 2105-AB87 Transportation for Individuals with Disabilities: Passenger Vessels AGENCY: Department ofTransportation, Office ofthe Secretary. ACTION: Response to Comments; Change in Effective Date 4910-9X

SUMMARY: OnJuly 6,2010, The Department ofTransportation issued a newAmericans with Disabilities Act (ADA) final rule to ensure nondiscrimination on the basis ofdisability by passengervessel operators (PVOs). The final rule requested comment onthree issues: service animals, mobility devices, and the consistency ofthe rule with recent Department ofJustice 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 CFRPart 39 is now effective January 3, 201 I. FORFURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, Department ofTransportation, 1200 NewJersey 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 ofproposed rulemaking (ANPRM), a notice ofproposed rulemaking (NPRM), public meetings, and consultation with the Access Board and theDepartment ofJustice (DOJ), the Department ofTransportation issued a final rule (49 CFRPart 39) applying the ADA to the policies and practices ofpassengervessel operators (PVOs). The rule was issued on July 6, 2010 (75 FR 38878) with an effective date ofNovember 3, 2010. The final rule included a request for comment onthree issues: service animals, mobility aids, and the general consistency ofPart 39 withrecent DOJ rules under Titles II and III ofthe ADA. The Department worked closely with DOJ to ensure that Part 39, as published, is fully consistent with DOJADA 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 ofthese were from advocates ofpsychiatric service animals (PSAs). They supported considering such animals to be service animals and opposedpermitting emotional service animals (ESAs) to be considered as service animals. Two disability organizations supported the use ofESAs on ships and urged the Departmentto permitthem to travel with their users. The Department is not making any changes inits rules in response to these comments. Part 39'sexisting definition ofservice animals encompasses PSAs. The preamble to the final rule made clear thatESAs, consistentwith 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. Bothurged that the Department's rules be consistent withthose ofDOJ. DOTregards 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 ofthese organizations pointed outthat the DOJ ADA rules become effective in six months rather than four, and that a DOJprovision on hotel reservations had an 18-month effective date. Itasked that DOTchange its effective dates to be consistentwiththese DOJ dates. The Department believes that these requests are reasonable. Consequently, we are changing the effective date for most provisions ofthe rule from November 3, 2010, to January 3, 2011. In addition to being consistent withthe DOJtime frame, this extension will permit more time for the Departmentto work on guidance and interpretations that will assistregulated parties and the public implementthe newrules smoothly. We will also extend the effective date for the cabinreservations section oftherule 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 ofthe Department's request for comment. One ofthe PYO organizations expressed its disagreement with various provisions of the final rule and sought clarification ofothers. Other comments asked for clarifications on some issues, such as where complaints should be sent orcoverage ofcoastwise vessels carrying passengers not for hire. We will notrespondto those comments here, since they are beyondthe scope ofthe Department's request for comments, but we would note that, inthe normal course of business, the Department regularly provides interpretations oforguidance concerning new regulatoryprovisions. We will do so inthe case ofPart 39 where necessary and appropriate.

REGULATORY PROCESS MATTERS This notice and change in effective dates relates to an underlying final rule that was significantfor purposes ofExecutive Order 12886 and the Department's Regulatory Policies andProcedures. However, this notice makes no changes in the text ofthe final regulation, and the changes to the effective date ofthe rule are not themselves significant. These changes do not impose any additional costs orburdens on any regulated parties, and theyprovide regulated entities, including small entities, additional time to comply with the regulations. Forthis reason, the Department certifies thatthese changes to the effective dates do not impose significant economic effects on a substantial number ofsmall entities. 

## ')t\/ ISSUED AT WASHINGTON D.C. THIS 

### <. - DAY OF NOVEMBER, 2010.