[Federal Register Volume 61, Number 86 (Thursday, May 2, 1996)]
[Rules and Regulations]
[Pages 19562-19563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10743]



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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

49 CFR Parts 604 and 609

RIN 2132-AA46


Charter Service; Transportation for Elderly and Handicapped 
Persons

AGENCY: Federal Transit Administration, DOT.

ACTION: Final rule.

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SUMMARY: This rule removes and updates obsolete sections of the Federal 
Transit Administration's Charter Service and Transportation for Elderly 
and Handicapped Persons regulations, which have been superseded by the 
Department of Transportation's regulation implementing the Americans 
with Disabilities Act of 1990, replaces references to the former 
Federal Transit Act, as amended (49 U.S.C. app Secs. 1601 et seq.) with 
references to Chapter 53 of Title 49 of the United States Code, and 
redesignates Appendix B of the Charter Service regulation as Appendix A 
of the Transportation for Elderly and Handicapped Persons regulation.

EFFECTIVE DATE: May 2, 1996.

FOR FURTHER INFORMATION CONTACT: Richard L. Wong, Attorney-Advisor, 
Office of the Chief Counsel, Phone: (202) 366-1936 (voice).

SUPPLEMENTARY INFORMATION: Part 609 of 49 CFR set forth regulatory 
requirements of the Federal Transit Administration on transportation 
for the elderly and persons with disabilities under sections 5 and 16 
of the former Federal Transit Act, as amended (49 U.S.C. app. 
Secs. 1604 and 1612). These requirements included transportation 
planning in urbanized areas, transportation planning in nonurbanized 
areas, accessible transportation facilities, and accessible buses, 
rapid rail vehicles, light rail vehicles, and other vehicles.
    The specification for accessible transportation facilities and 
vehicles have now been superseded by the Department of Transportation's 
regulation implementing the Americans with Disabilities Act of 1990 (49 
CFR Parts 27, 37, and 38), and the special efforts planning 
requirements for urbanized areas are located in the joint FHWA/FTA 
Statewide and Metropolitan Planning Rules (49 CFR Part 613 and 23 CFR 
Part 450, respectively).
    In addition, 49 CFR Part 604, Charter Service, Appendix B, contains 
a series of questions and answers regarding the definitions addressed 
under 49 CFR Part 609. This final rule moves Appendix B to Part 609, a 
more appropriate location, and makes several technical amendments 
reflecting that change and the codification of the former Federal 
Transit Act (now 49 U.S.C. Chapter 53).

Regulatory Analyses and Notices

    This is not a significant rule under Executive Order 12866 or under 
the Department's Regulatory Policies and Procedures. It does not impose 
costs on regulated parties. It merely removes several superseded 
sections of a regulation and consolidates the effective sections. There 
are not sufficient Federalism implications to warrant a Federalism 
Assessment. The Department certifies that this rule will not have a 
significant economic impact on a substantial number of small entities.
    Under the Administrative Procedure Act (5 U.S.C. 553), FTA 
determines that notice and an opportunity for comment are 
impracticable, unnecessary, and contrary to the public interest. The 
amendments made in this document are ministerial, removing obsolete and 
redundant material and making minor technical and terminological 
changes. FTA expects these changes to have no substantive impact and 
does not anticipate receiving meaningful comments on them. Therefore, 
because it would be contrary to the public interest to unnecessarily 
delay this effort to eliminate and revise outdated rules, FTA is not 
seeking public comment on these changes to 49 CFR.

List of Subjects in 49 CFR Parts 604 and 609

    Elderly and handicapped; charter service.

    For the reasons set forth, the Department amends 49 CFR Parts 609 
and 604 as follows:

PARTS 604 AND 609--[AMENDED]

    1. The authority citation for 49 CFR Part 604 continues to read as 
follows:

    Authority: 49 U.S.C. 5323(d); 23 U.S.C. 103(e)(4); 142(a); and 
142(c); and 49 CFR 1.51.

    2. The authority citation for 49 CFR Part 609 is revised to read as 
follows:

    Authority: 49 U.S.C 5307(d) and 5308(b); 23 U.S.C. 134,135 and 
142; 29 U.S.C. 794; 49 CFR 1.51.

Appendix B [Redesignated]

    3. 49 CFR Part 604, Appendix B is redesignated as 49 CFR Part 609, 
Appendix A.

Appendix A [Amended]

    4. In newly designated Appendix A to Part 609, the first sentence 
of the second paragraph is amended by deleting ``Sec. 604.9(b)(6)'' and 
replacing it with ``this part''.
    5. In newly designated Appendix A to Part 609, the first sentence 
of Answer 3 is amended by replacing ``section 16 of the FT Act'' with 
``section 5302(a)(5) of the Federal transit laws (49 U.S.C. Chapter 
53)''.
    6. In newly designated Appendix A to Part 609, the second sentence 
of Answer 5 is amended by replacing ``FTA's elderly and handicapped 
regulation'' with ``the Department of Transportation's ADA 
regulation''.


Sec. 609.5  [Amended]

    7. Section 609.5 is amended by replacing ``sections 3, 5, or 9 of 
the Federal Mass Transit Act of 1964, as amended (49 U.S.C. 1602, 1604, 
or 1607a)'' with ``sections 5307 or 5308 of the Federal transit laws 
(49 U.S.C. Chapter 53)''.


Sec. 609.23  [Amended]

    8. Section 609.23 is amended by replacing ``section 5 of the 
Federal Mass Transit Act of 1964, as amended (49 U.S.C. 1604)'' with 
``section 5307 of the Federal transit laws (49 U.S.C. Chapter 53).


Secs. 609.5 and 609.23  [Amended]

    9. Sections 609.5 and 609.23 are amended by removing the words 
``Federal Mass Transit Administrator'' and adding in their place, the 
words ``Federal Transit Administrator''.

[[Page 19563]]

    10. Sections 609.7, 609.9, 609.11, 609.13, 609.15, 609.17, 609.19, 
609.21, and 609.25 are removed.

    Issued this 25th day of April 1996, at Washington, D.C.
Gordon J. Linton,
Administrator.
[FR Doc. 96-10743 Filed 5-1-96; 8:45 am]
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