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51694 Federal Register / Vol 51694 Federal Register / Vol. 63, No. 187 / Monday, September 28, 1998 / Rules and Regulations provided, and the number of times (b) Beginning October 30, 2006, the 5. Address: lllllllllllllll compensation was paid. It shall also Department will review the lllllllllllllllllllll include the name, address, telephone requirements of §§ 37.183, 37.185, 6. Phone number: llllllllllll number, and contact person name for 37.187, 37.191 and 37.193(a) and their 7. Date and time of trip: lllllllll 8. Location of need for equivalent service: the operator. implementation. The Department will lllllllllllllllllllll (c) Beginning October 30, 2000 for complete this review by October 29, 9. Was equivalent service provided for trip? large operators, and October 29, 2001 for 2007. Yesll noll small operators, and on that date in each (1) As part of this review, the 10. If the answer to items 9 and 10 is no, year thereafter, each fixed-route Department will consider factors attach documentation that compensation operator shall submit to the Department including, but not necessarily limited required by Department of a report on how many passengers with to, the following: Transportation regulations was paid. disabilities used the lift to board (i) The percentage of accessible buses [FR Doc. 98±25421 Filed 9±24±98; 2:15 pm] in the fixed-route fleets of large and accessible buses. For fixed-route BILLING CODE 4910±62±P operators, the report shall reflect small fixed-route operators. separately the data pertaining to 48-hour (ii) The success of small and large advance reservation service and other fixed-route operators' interim or ARCHITECTURAL AND service. equivalent service at meeting the TRANSPORTATION BARRIERS (d) Each operator shall submit to the requests of passengers with disabilities COMPLIANCE BOARD Department, October 28, 1999 and each for accessible buses in a timely manner. year thereafter on that date, a summary (iii) The ridership of small and large 36 CFR Part 1192 report listing the number of new buses operators' fixed-route service by and used buses it has purchased or passengers with disabilities. DEPARTMENT OF TRANSPORTATION leased during the preceding year, and (iv) The volume of complaints by how many of the buses in each category passengers with disabilities. Office of the Secretary are accessible. It shall also include the (v) Cost and service impacts of 49 CFR Part 38 total number of buses in the operator's implementation of the requirements of fleet and the name, address, telephone these sections. RIN 2105±AC00 (2) The Department will make one of number, and contact person name for the following decisions on the basis of the operator. Americans with Disabilities Act (e) The information required to be the review: Accessibility Guidelines for (i) Retain §§ 37.183, 37.185, 37.187, submitted to the Department shall be Transportation Vehicles; Over-the- 37.191, 37.193(a) without change; or Road Buses sent to the following address: Bureau of (ii) Modify the requirements of Transportation Statistics, 400 7th Street, §§ 37.183, 37.185, 37.187, 37.191, AGENCIES: Architectural and SW., Washington, DC 20590. 37.193(a) for large and/or small fixed- Transportation Barriers Compliance § 37.215 Review of requirements. route operators. Board and Department of Transportation. (a) Beginning October 28, 2005, the Appendix A to Subpart H of Part 37Ð ACTION: Department will review the Forms for Advance Notice Requests and Joint final rule. requirements of § 37.189 and their Provision of Equivalent Service SUMMARY: The Architectural and implementation. The Department will Transportation Barriers Compliance complete this review by October 30, Form AÐFor Use by Providers of Advance Notice Service Board and the Department of 2006. llllllllllll Transportation amend the accessibility (1) As part of this review, the 1. Operator's name 2. Address lllllllllllllll guidelines and standards under the Department will consider factors lllllllllllllllllllll Americans with Disabilities Act for including, but not necessarily limited 3. Phone number: llllllllllll over-the-road buses (OTRBs) to include to, the following: 4. Passenger's name: lllllllllll scoping and technical provisions for (i) The percentage of accessible buses lllllllllllllll 5. Address: lifts, ramps, wheelchair securement in the demand-responsive fleets of large lllllllllllllllllllll devices, and moveable aisle armrests. and small demand-responsive operators. 6. Phone number: llllllllllll Revisions to the specifications for doors (ii) The success of small and large 7. Scheduled date and time of trip: llll and lighting are also adopted. The demand-responsive operators' service at 8. Date and time of request: llllllll specifications describe the design meeting the requests of passengers with 9. Was accessible bus provided for trip? ll ll features that an OTRB must have to be disabilities for accessible buses in a Yes no readily accessible to and usable by timely manner. 10. Was there a basis recognized by U.S. Department of transportation regulations persons who use wheelchairs or other (iii) The ridership of small and large for not providing an accessible bus for operators' demand-responsive service mobility aids. The Department of the trip? Yesll noll Transportation has published a separate by passengers with disabilities. If yes, explain llllllllllllll (iv) The volume of complaints by lllllllllllllllllllll rule elsewhere in today's Federal Register which addresses when OTRB passengers with disabilities. 11. If the answers to items 9 and 10 were (v) Cost and service impacts of both no, attach documentation that operators are required to comply with implementation of the requirements of compensation required by department of the specifications. § 37.189. transportation regulations was paid. EFFECTIVE DATE: October 28, 1998. (2) The Department will make one of Form BÐFor Use by Providers of Equivalent FOR FURTHER INFORMATION CONTACT: the following decisions on the basis of Service Access Board: Dennis Cannon, Office of the review: 1. Operator's name llllllllllll Technical and Information Services, (i) Retain § 37.189 without change; or 2. Address lllllllllllllll Architectural and Transportation (ii) Modify the requirements of lllllllllllllllllllll Barriers Compliance Board, 1331 F § 37.189 for large and/or small demand- 3. Phone number: llllllllllll Street, NW., suite 1000, Washington, DC responsive operators. 4. Passenger's name: lllllllllll 20004±1111. Telephone number (202) Federal Register / Vol. 63, No. 187 / Monday, September 28, 1998 / Rules and Regulations 51695 272±5434 extension 35 (voice); (202) For purposes of the ADA, an over-the- intercity rail cars in 36 CFR 1192.107 272±5449 (TTY). Electronic mail road bus (OTRB) is ``a bus characterized and 1192.123, and 49 CFR 38.107 and address: [email protected]. by an elevated passenger deck located 38.123; and Department of Transportation: Robert over a baggage compartment.'' 42 U.S.C. • front door width, overhead C. Ashby, Deputy Assistant General 12181(5). The ADA provides for clearance for doors with lifts or ramps, Counsel for Regulation and rulemaking to establish accessibility and step riser height and tread depth. Enforcement, Department of requirements for OTRBs operated by On March 25, 1998, the Access Board Transportation, 400 7th Street SW., private entities to be conducted in two and the DOT issued a joint notice of room 10424, Washington, DC 20590. stages: interim requirements and final proposed rulemaking (NPRM) to amend Telephone (202) 366±9306 (voice) or requirements. 42 U.S.C. 12186.2 the accessibility guidelines and (202) 755±7687 (TTY). The interim requirements were standards for OTRBs, as discussed at the The telephone numbers listed above established in 1991 and do not require workshop. (63 FR 14571). The NPRM are not toll-free numbers. any structural changes to OTRBs. The also proposed to revise the exterior SUPPLEMENTARY INFORMATION: Access Board issued accessibility lighting specification for OTRBs and guidelines for OTRBs that provided other buses based on an equivalent Availability of Copies and Electronic technical specifications for non- Access facilitation determination made by the structural design features such as floor DOT. Single copies of this publication may surfaces, lighting, and handrails and The DOT published a separate NPRM be obtained at no cost by calling the stanchions. 36 CFR 1192.151 to in the same Federal Register which Access Board's automated publications 1192.157. The DOT adopted these order line (202) 272±5434, by pressing addressed when OTRB operators would guidelines as its standards and also be required to comply with those 1 on the telephone keypad, then 1 again, established interim requirements for specifications. (63 FR 14560). and requesting publication S±22 (Over- providing boarding assistance and the-Road Buses Final Rule). Persons accommodating wheelchairs and other Section-by-Section Analysis using a TTY should call (202) 272±5449. mobility aids. 49 CFR 37.169 and 49 A total of 14 comments were received Please record a name, address, CFR 38.151 to 38.157. by the Board in response to the NPRM. telephone number and request Prior to establishing the final One comment dealt only with issues publication S±22. This document is requirements, the Office of Technology available in alternate formats upon Assessment was to study issues related raised by the Department of request. Persons who want a copy in an to OTRB accessibility. 42 U.S.C. 12185. Transportation's NPRM and did not alternate format should specify the type The Office of Technology Assessment address any items under consideration of format (cassette tape, Braille, large published its study on May 16, 1993. by the Board. A comment submitted by print, or computer disk). This document Requirements for accessibility were to a public transit operator wanted changes is also available on the Board's Internet have taken effect by July 26, 1996, for in the number of wheelchair or mobility site (http://www.access-board.gov/ large transportation providers, and one aid seating locations for a 96-inch wide bus.
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