[Federal Register Volume 59, Number 194 (Friday, October 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24897]
[[Page Unknown]]
[Federal Register: October 7, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 604
Charter Service Regulation; Technical Amendment
AGENCY: Federal Transit Administration, DOT.
ACTION: Final Rule; technical amendment.
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SUMMARY: This document amends the Federal Transit Administration
Charter Service Regulation by extending the charter service
demonstration program mandated by section 3040 of the Intermodal
Surface Transportation Efficiency Act (ISTEA) through October 31, 1995.
This extension has been granted in order to accommodate several
participants in the demonstration program, who consider that the
initial demonstration period is inadequate. It will allow both public
and private operators to participate in the program over two summer and
two winter periods, thereby providing FTA with more substantive data on
which to base its evaluation of the effectiveness of the program.
EFFECTIVE DATE: October 7, 1994.
FOR FURTHER INFORMATION CONTACT: Rita Daguillard, Deputy Assistant
Chief Counsel, FTA Office of Chief Counsel, (202) 366-1936.
SUPPLEMENTARY INFORMATION: A final rule published in the Federal
Register on July 9, 1993 (58 FR 36894) established a charter services
demonstration program which would allow transit operators to meet the
needs of government, civic, charitable and other community activities,
as directed by section 3040 of the Intermodal Surface Transportation
Efficiency Act (ISTEA). Under the program, recipients in eight sites
within four states are allowed to provide direct charter service as
determined by local officials. The rule provided that the demonstration
program would be conducted from August 9, 1993, to August 9, 1994. -
Because of specific local circumstances, however, certain
participants were unable to begin their demonstration programs on the
effective date of August 9, 1993. In order to provide these
participants with a full 12-month implementation period, FTA published,
on October 12, 1993, a technical amendment extending the program
through October 31, 1994 (58 FR 52684). -
In May 1994, the American Public Transit Association (APTA), on
behalf of several transit agencies participating in the demonstration
program, requested a further extension to allow both public and private
operators to participate in the program over two summer and two winter
periods. APTA indicated that the extension would provide FTA with more
complete data upon which to base both its evaluation of the program and
the report and recommendations to Congress on the charter regulation
mandated by section 3040(c) of ISTEA.
Section 3040 of ISTEA provides that the demonstration program
should be established in consultation with both public and private
operators. To this end, FTA developed the program in consultation with
an advisory committee convened for that purpose, and composed of an
equal number of representatives of the public and private sectors.
Since some private operators in the demonstration sites are likely to
be affected by the extension of the program, FTA forwarded copies of
APTA's request to all of the private sector members of the advisory
committee for comment. The majority of committee members responding to
FTA's request for comments were favorable to an extension of the
demonstration program. Moreover, FTA agrees that extending the
demonstration would allow the collection of more substantive data on
which to base its evaluation of the program. Accordingly, FTA hereby
extends the charter service demonstration program for an additional 12-
month period, ending on October 31, 1995. All transit agencies
participating in the program may provide charter services in
conformance with 49 CFR 604.9(b)(8) during this period.
Regulatory Impacts and Assurances
A. Executive Order 12866
The Department ha determined that this proposed rule is not subject
to review under Executive Order 12866. Moreover, the rule is not
significant under the Department's Regulatory Policies and Procedures
(44 FR 11034; Feb. 26, 1979). Since this final rule makes only
technical amendments to current regulatory language, it is anticipated
that the economic impact of this rulemaking will be minimal; therefore,
a full regulatory evaluation is not required.
B. Regulatory Flexibility Act
In accordance with 5 U.S.C. 605(b), 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.
C. Paperwork Reduction Act -
This action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act of 1980, 44
U.S.C. 3501, et seq.
D. Federalism
This action has been reviewed under Executive Order 12612 on
Federalism and FTA has determined that it does not have implications
for principles of Federalism that warrant the preparation of a
Federalism Assessment. If promulgated, this rule will not limit the
policy making or administrative discretion of the States, nor will it
impose additional costs or burdens on the States, nor will it affect
the States' abilities to discharge the traditional State governmental
functions or otherwise affect any aspect of State sovereignty.
List of Subjects in 49 CFR Part 604
Bus, Grant programs--transportation, Mass transportation, Reporting
and recordkeeping requirements.
Accordingly, for the reasons described in the preamble, title 49,
Code of Federal Regulations, part 604, Charter Service, is amended as
follows:
PART 604--[AMENDED]
1. The authority citation for part 604 continues to read as
follows:
Authority: Federal Transit Act, as amended (49 U.S.C. 1601 et
seq.); 23 U.S.C. 103(e)(4), 142(a), and 142(c); and 49 CFR 1.51.
2. Section 604.9 is amended by revising paragraph (b)(8)(iv) to
read as follows:
Sec. 604.9 Charter Service.
* * * * *
(b)(8) * * * -
(iv) The service described in this subsection may be provided only
during the demonstration program to be conducted through October 31,
1995, in the following sites:
(A) Monterey, California;
(B) Oklahoma City, Oklahoma;
(C) St. Louis, Missouri;
(D) Yolo County, California;
(E) Four sites within the State of Michigan.
Issued on: October 4, 1994.
Gordon J. Linton,
Administrator.
[FR Doc. 94-24897 Filed 10-6-94; 8:45 am]
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