[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Proposed Rules]
[Page 30499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15346]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 605

[Docket No. FTA-2008-0044]
RIN 2132-AB00


School Bus Operations

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: The Federal Transit Administration (FTA) hereby withdraws a 
notice of proposed rulemaking (NPRM) regarding school bus operations 
published in the Federal Register on November 18, 2008. FTA has 
determined that withdrawal of the NPRM is appropriate in consideration 
of public misperceptions with FTA's regulatory proposal.

DATES: Effective Date: The proposed rule, published on November 18, 
2008 (73 FR 68375), is withdrawn as of June 26, 2009.

FOR FURTHER INFORMATION CONTACT: Michael L. Culotta, Attorney, Office 
of Chief Counsel, Federal Transit Administration, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., East Building-5th Floor, 
Washington, DC 20590. E-mail: <a href="/cdn-cgi/l/email-protection#2f62464c474e4a43016c5a43405b5b4e6f4b405b01484059"><span class="__cf_email__" data-cfemail="2865414b40494d44066b5d44475c5c49684c475c064f475e">[email protected]</span></a>. Telephone: (202) 
366-1936. Facsimile: (202) 366-3809.

SUPPLEMENTARY INFORMATION:

Background

    On November 18, 2008, FTA issued a Notice of Proposed Rulemaking 
(NPRM) to amend its school bus operations regulations at 49 CFR part 
605.\1\ FTA issued the NPRM to make the regulations consistent with the 
changes to the Agency's authorization statute, 49 U.S.C. 5323(f), as 
amended by Section 3023(f) of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU); 
\2\ to provide clarification about the regulations in the context of 
the recent decision by the U.S. District Court for the Western District 
of New York in Rochester-Genesee Regional Transportation Authority v. 
Hynes-Cherin; \3\ and generally, to update the regulation based on 
experience and industry practice. Through the NPRM, FTA intended to 
provide its grantees with a regulatory basis which would allow them to 
continue to provide the service that FTA historically has allowed 
through administrative adjudications, while simultaneously satisfying 
the statutory requirements of 49 U.S.C. 5323(f).
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    \1\ Federal Transit Administration, Notice of Proposed 
Rulemaking on School Bus Operations, 73 FR 68375 (Nov. 18, 2008).
    \2\ Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users (SAFETEA-LU) sec. 3023, 49 U.S.C. 5323(f) 
(2006).
    \3\ 531 F.Supp.2d 494 (W.D.N.Y. 2008).
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    The comment period for the NPRM closed on February 18, 2009. FTA 
has received and considered all 233 written comments in response to the 
NPRM. Although FTA received a good deal of support for the NPRM, many 
commenters opposed it. Generally, critics of the NPRM believed that FTA 
was attempting to restrict opportunities for its grantees to provide 
transportation, when in fact, FTA was attempting to allow its grantees 
to provide service it historically has allowed. FTA finds, moreover, 
that many commenters misunderstood FTA's objectives to rectify a 
significantly outdated regulatory scheme.

The Withdrawal

    In consideration of the foregoing, FTA hereby withdraws its NPRM on 
school bus operations for FTA Docket Number FTA-2008-0044, as published 
in the Federal Register on November 18, 2008 (73 FR 68375). FTA will 
revisit the issues addressed in the NPRM in the near future.

    Issued in Washington, DC, on this 23rd day of June 2009.
Peter M. Rogoff,
Administrator.
[FR Doc. E9-15346 Filed 6-24-09; 4:15 pm]
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