[Federal Register Volume 64, Number 84 (Monday, May 3, 1999)]
[Proposed Rules]
[Pages 23590-23591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10996]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 605
[Docket No. FTA-99-5082]
RIN (2131 AA67)
School Bus Operations; Amendment of Tripper Service Definition
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice of Proposed rulemaking.
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SUMMARY: This notice of proposed rulemaking (NPRM) seeks to amend and
clarify the definition of tripper service, set out in the Federal
Transit Administration's (FTA) school bus regulation. In FTA's
experience, the current definition does not sufficiently specify which
student transportation operations are inconsistent with FTA
requirements. This NPRM describes and requests comment on FTA's
proposed amendment of the definition of tripper service.
DATES: Comments must be submitted by July 2, 1999.
ADDRESSES: The public is invited to submit written comments on this
notice. Written comments should refer to the docket number appearing at
the top of this notice and be submitted to the Docket Clerk, U.S. DOT
Dockets, Room PL-401, Nassif Building, 400 Seventh Street, SW
Washington, DC 20590. All comments received will be available for
examination at the above address. Docket hours at the Nassif Building
are Monday through Friday, 10 a.m. to 5 p.m., excluding Federal
holidays. Those desiring notification of receipt of comments must
include a self-addressed, stamped envelope or postcard.
FOR FURTHER INFORMATION CONTACT: Elizabeth S. Martineau, Office of
Chief Counsel, Federal Transit Administration, (202) 366-1936 or (202)
366-3809 (fax).
SUPPLEMENTARY INFORMATION:
I. Electronic Access
Internet users can access all comments received by the U.S. DOT
Dockets, Room PL-401, by using the universal resource locator
(URL):http://dms.dot.gov. It is available 24 hours each day, 365 days
each year. Please follow the instructions on-line for more information
and help.
An electronic copy of this document may be downloaded using a modem
and suitable communication software from the Government Printing
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet
users may reach the Federal Register's home page at: http://
www.nara.gov/fedreg and the Government Printing Office's database at:
http://www.access.gpo.gov/nars.
II. FTA's Tripper Service Requirements
Under FTA's school bus requirements, set out at 49 U.S.C. 5323(f)
and 49 CFR Part 605, recipients may not engage in school bus operations
exclusively for the transportation of students. These provisions derive
from 49 U.S.C. 5302(a), which authorizes FTA assistance for mass
transportation, but specifically excludes school bus service from such
Federal assistance.
Section 605.3 of the regulation allows grantees to provide
``tripper'' service, which is mass transit service modified to
accommodate the needs of school students and personnel. Buses used for
tripper service must be clearly marked as open to the public and may
not carry designations such as ``School Bus'' or ``School Special.''
These buses may stop only at a grantee's regular service stop. All
routes traveled by tripper buses must be within a grantee's regular
route service as indicated in their published route schedules. The
purpose of this provision is to ensure that buses acquired with Federal
assistance are clearly perceived by the public as available to their
use.
III. FTA's Proposed Amendment
It has recently come to FTA's attention that certain grantees have
been providing service to school children that is inconsistent with
FTA's tripper service requirements. The results of reviews of grantee
tripper operations have shown that certain grantees are providing
tripper service that creates the public perception that the buses used
are for the exclusive use of school children. One grantee uses swing-
arm signs reading ``Caution Students'' on tripper buses. Another
grantee's tripper buses bear markings indicating that the vehicles are
transporting children certain times of day. Buses operated by other
grantees pick up and discharge students on school property and not at
bus stops that are accessible to the general public. FTA recognizes
that such practices are not specifically proscribed under the tripper
service provision; however, they do undermine its purpose, which is to
ensure that the general public is aware that tripper buses are
available for their use.
In order to make it clear to grantees that any type of signage that
designates vehicles as school buses, and any stops that are not
accessible to the general public, is impermissible exclusive school
service, FTA proposes to amend the tripper service provision. Under the
proposed amendment, buses used in tripper service may not carry
``School Bus,'' ``School Special,'' ``Student,'' or any other markings
indicating that they are carrying school children. Moreover, the buses
may stop only at stops that are clearly marked by the grantee or
operator as available to the public. FTA believes that tripper buses
operated in accordance with this proposal will be clearly perceived by
members of the general public as available for their use. FTA requests
comment on this proposed amendment.
IV. Regulatory Impacts
A. Regulatory Analyses and Notices
FTA has determined that this action is not significant under
Executive Order 12866 or the regulatory policies and procedures of
Department of Transportation regulatory policies and procedures.
Because this rule merely clarifies an existing regulatory provision, it
is anticipated that the impact of this rulemaking will be minimal;
therefore, a full regulatory evaluation is not required. There are not
sufficient Federalism implications to warrant the preparation of a
Federalism Assessment under Executive Order 12612. Because this rule
does not mandate a business process change or require modifications to
computer systems, its issuance will not affect a recipient's ability to
respond to Year 2000 issues.
B. Regulatory Flexibility Act
In accordance with 5 U.S.C. 603(a), as added by the Regulatory
Flexibility Act, Pub. L. 96-354, FTA certifies that this rule will not
have a significant impact on a substantial number of small entities
within the meaning of the Act, because it requires only minor
adjustments to the manner in which certain grantees are providing
tripper service.
C. Paperwork Reduction Act
This action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act of 1995.
List of Subjects in 49 CFR Part 605
Mass transit: grants; school bus.
Accordingly, for the reasons described in the preamble, Part 605 of
Title 49 of
[[Page 23591]]
the Code of Federal Regulations is proposed to be amended as follows:
PART 605--[AMENDED]
1. By revising the authority citation to read as follows:
Authority: 49 U.S.C. 5323(f); 49 CFR 1.51.
2. In Sec. 605.3, revise the definition for ``tripper service'' in
paragraph (b) to read as follows:
605.3 Definitions.
* * * * *
Tripper service means regularly scheduled mass transportation
service that is open to the public and designed or modified to
accommodate the needs of school students and personnel, using various
fare collection or subsidy systems. Buses used in tripper service must
be clearly marked as open to the public and may not carry destination
signs such as ``school bus,'' ``school special,'' ``student,'' or any
other marking indicating that they are carrying school children. These
buses may stop only at stops that are accessible to the public and that
are clearly marked as available to the public. All routes traveled by
tripper buses must be within a grantee's or operator's regular route
service as indicated in their published route schedules.
* * * * *
Issued on: April 28, 1999.
Gordon J. Linton,
Administrator.
[FR Doc. 99-10996 Filed 4-30-99; 8:45 am]
BILLING CODE 4910-57-P
