80_FR_50754 80 FR 50593 - Transportation for Individuals With Disabilities; Service Criteria for Complementary Paratransit Fares

80 FR 50593 - Transportation for Individuals With Disabilities; Service Criteria for Complementary Paratransit Fares

DEPARTMENT OF TRANSPORTATION
Office of the Secretary

Federal Register Volume 80, Issue 161 (August 20, 2015)

Page Range50593-50594
FR Document2015-20467

This document seeks public comments on a petition for rulemaking from Access Services concerning the Department's regulations implementing the Americans with Disabilities Act (ADA) with respect to the method of determining the fare for a trip charged to an ADA paratransit eligible user. The petition asks the Department to revise its regulation to allow for a ``coordinated'' or two-tier fare structure. The current regulation provides that the fare shall not exceed twice the fare that would be charged to an individual paying full fare for a similar trip on the fixed route system.

Federal Register, Volume 80 Issue 161 (Thursday, August 20, 2015) 
[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Proposed Rules]
[Pages 50593-50594]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20467]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 37

[Docket DOT-OST-2015-0075]


Transportation for Individuals With Disabilities; Service 
Criteria for Complementary Paratransit Fares

AGENCY: Office of the Secretary (OST), U.S. Department of 
Transportation (DOT).

ACTION: Notice of petition for rulemaking; request for comments.

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SUMMARY: This document seeks public comments on a petition for 
rulemaking from Access Services concerning the Department's regulations 
implementing the Americans with Disabilities Act (ADA) with respect to 
the method of determining the fare for a trip charged to an ADA 
paratransit eligible user. The petition asks the Department to revise 
its regulation to allow for a ``coordinated'' or two-tier fare 
structure. The current regulation provides that the fare shall not 
exceed twice the fare that would be charged to an individual paying 
full fare for a similar trip on the fixed route system.

DATES: Comments must be received by September 21, 2015.

ADDRESSES: Please submit your comments by only one of the following 
methods:
     Online: Use the Federal eRulemaking portal at http://www.regulations.gov and follow the instructions for submitting 
comments.
     U.S. Mail: Send your comments to the Docket Management 
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue 
SE., W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Go to Room W12-140 on the ground 
floor of the West Building, U.S. Department of Transportation 
headquarters, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. 
Eastern-time, Monday through Friday except Federal holidays.
     Telefax: Send your comments to 202-493-2251.
    Instructions: All comments must include the docket number for this 
rulemaking: DOT-OST-2015-0075. Submit two copies of your comments if 
you submit them by mail. For confirmation that DOT received your 
comments, include a self-addressed, stamped postcard. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided. Please see the Privacy Act 
heading under ``Supplementary Information,'' below, for Privacy Act 
information pertinent to any submitted comments or materials, and you 
may review DOT's complete Privacy Act Statement published in the 
Federal Register on April 11, 2000, at 65 FR 19477.
    Docket Access: For access to background documents and comments 
received in the rulemaking docket, go to http://www.regulations.gov or 
to the U.S. Department of Transportation, 1200 New Jersey Avenue, SE., 
Room W12-140, Washington, DC 20590 between 9:00 a.m. and 5:00 p.m., 
Monday through Friday except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jill Laptosky, Attorney-Advisor, 
Office of General Counsel, U.S. DOT, 1200 New Jersey Ave. SE., 
Washington, DC 20590, phone: (202) 493-0308, or email, 
[email protected]; or Bonnie Graves, Assistant Chief Counsel for 
Legislation and Regulations, Office of Chief Counsel, Federal Transit 
Administration, same address, phone: (202) 366-4011, or email, 
[email protected].

SUPPLEMENTARY INFORMATION: On March 4, 2015, the U.S. Department of 
Transportation (DOT) received a petition for rulemaking from Access 
Services, the Americans with Disabilities Act (ADA) complementary 
paratransit provider for 44 fixed route transit providers in Los 
Angeles County, California. Access Services uses a ``coordinated'' or 
two-tier fare structure where it generally charges $2.75 for one-way 
trips up to 19.9 miles, and $3.50 for one-way trips of 20 miles or 
more. In some cases, these fares exceed twice the fixed route fare. The 
DOT's ADA regulation at 49 CFR 37.131(c) provides that the fare for a 
trip charged to an ADA paratransit eligible user of the complementary 
paratransit service shall not exceed twice the fare that would be 
charged to an individual paying full fare for a trip of similar length, 
at a similar time of day, on the entity's fixed route system. In recent 
triennial reviews of some fixed route providers in Los Angeles County, 
the Federal Transit Administration (FTA) has made findings that the ADA 
paratransit fares exceed twice the fixed route fare. In other words, 
some paratransit riders are paying more for ADA paratransit fares than 
they should be under the Department's existing regulations.

[[Page 50594]]

    Access Services' petition for rulemaking has been placed in the 
docket. Access Services asserts in its petition that its two-tier fare 
structure is simple for riders to understand and easy for Access 
Services and its providers to implement. In its petition, Access 
Services requests that the Department propose amending its ADA 
regulations to allow for a coordinated fare structure as follows:

Proposed Amendment to DOT ADA Regulations

    The Access Services proposes the following addition to 49 CFR 
37.131(c) on service criteria for complementary paratransit:
     Alternatively, the maximum fare that may be charged by an 
entity which administers a coordinated paratransit plan for 20 or more 
fixed route members pursuant to 49 CFR 37.141 and approved pursuant to 
49 CFR 37.147 shall be no more than twice the regional average fixed-
route fare determined as follows:
    [cir] The entity may calculate a regional average fixed-route fare 
by obtaining a statistically-valid, random sample of its recent 
paratransit trips, calculating the applicable fixed-route fare for 
those trips and averaging the results. The sample may be subdivided by 
distance to determine the regional average fixed-route fares for trips 
of a certain mileage.
    The Department's regulations at 49 CFR 5.11 permit any person to 
petition the Secretary to amend a rule. It is solely within the 
discretion of the Secretary to grant or deny such a petition, and the 
Secretary has not yet decided whether or not to grant or deny the 
Access Services' petition. In order to supplement the information 
provided by Access Services in support of its petition for rulemaking, 
the Department is requesting public comments on the issue presented in 
the petition. The Department will use this collective information in 
the development of the technical review that will serve as the basis 
for determining whether to grant or deny the petition.
    The Department is especially interested in hearing from individuals 
who use ADA complementary paratransit services in order to better 
understand how they would be impacted if the Department adopted the 
Access Services' language or similar language. Would a more simplified 
tiered fare system, set by the local transit agencies, be beneficial to 
individuals with disabilities using public transportation in regions 
with multiple fixed route providers? Would any tiered system need to be 
capped at a certain amount (e.g., twice the fare on a comparable fixed 
route trip)? How many tiers would be unmanageable for individuals with 
disabilities?
    The Department is also interested to hear from ADA complementary 
paratransit providers throughout the country. How do these paratransit 
providers, particularly in regions with many fixed-route operators, 
currently determine fares in order to comply with the Department's 
current regulations? What procedures or best practices do they use? 
What challenges do ADA complementary paratransit providers face in 
setting fares under the current regulations? How many fixed-route 
providers do you coordinate with?

    Issued in Washington, DC, this 29th day of July 2015, under 
authority delegated in 49 CFR 1.27(a).
Kathryn B. Thomson,
General Counsel.
[FR Doc. 2015-20467 Filed 8-19-15; 8:45 am]
BILLING CODE 4910-9X-P

Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Proposed Rules 50593 beyond those imposed by state law. For Dated: August 5, 2015. confirmation that DOT received your that reason, this proposed action: Heather McTeer Toney, comments, include a self-addressed, • Is not a significant regulatory action Regional Administrator, Region 4. stamped postcard. All comments subject to review by the Office of [FR Doc. 2015–20497 Filed 8–19–15; 8:45 am] received will be posted without change Management and Budget under BILLING CODE 6560–50–P to http://www.regulations.gov, including Executive Orders 12866 (58 FR 51735, any personal information provided. October 4, 1993) and 13563 (76 FR 3821, Please see the Privacy Act heading January 21, 2011); DEPARTMENT OF TRANSPORTATION under ‘‘Supplementary Information,’’ • does not impose an information below, for Privacy Act information collection burden under the provisions Office of the Secretary pertinent to any submitted comments or of the Paperwork Reduction Act (44 materials, and you may review DOT’s U.S.C. 3501 et seq.); 49 CFR Part 37 complete Privacy Act Statement published in the Federal Register on • is certified as not having a [Docket DOT–OST–2015–0075] April 11, 2000, at 65 FR 19477. significant economic impact on a Docket Access: For access to substantial number of small entities Transportation for Individuals With background documents and comments under the Regulatory Flexibility Act (5 Disabilities; Service Criteria for received in the rulemaking docket, go to U.S.C. 601 et seq.); Complementary Paratransit Fares http://www.regulations.gov or to the • does not contain any unfunded AGENCY: Office of the Secretary (OST), U.S. Department of Transportation, 1200 mandate or significantly or uniquely U.S. Department of Transportation New Jersey Avenue, SE., Room W12– affect small governments, as described (DOT). 140, Washington, DC 20590 between in the Unfunded Mandates Reform Act 9:00 a.m. and 5:00 p.m., Monday ACTION: Notice of petition for of 1995 (Pub. L. 104–4); through Friday except Federal holidays. rulemaking; request for comments. • does not have Federalism FOR FURTHER INFORMATION CONTACT: Jill implications as specified in Executive SUMMARY: This document seeks public Laptosky, Attorney-Advisor, Office of Order 13132 (64 FR 43255, August 10, comments on a petition for rulemaking General Counsel, U.S. DOT, 1200 New 1999); from Access Services concerning the Jersey Ave. SE., Washington, DC 20590, • is not an economically significant Department’s regulations implementing phone: (202) 493–0308, or email, regulatory action based on health or the Americans with Disabilities Act Jill.Laptosky@dot.gov; or Bonnie Graves, safety risks subject to Executive Order (ADA) with respect to the method of Assistant Chief Counsel for Legislation 13045 (62 FR 19885, April 23, 1997); determining the fare for a trip charged and Regulations, Office of Chief • is not a significant regulatory action to an ADA paratransit eligible user. The Counsel, Federal Transit subject to Executive Order 13211 (66 FR petition asks the Department to revise Administration, same address, phone: 28355, May 22, 2001); its regulation to allow for a (202) 366–4011, or email, ‘‘coordinated’’ or two-tier fare structure. Bonnie.Graves@dot.gov. • is not subject to requirements of The current regulation provides that the Section 12(d) of the National SUPPLEMENTARY INFORMATION: On March fare shall not exceed twice the fare that 4, 2015, the U.S. Department of Technology Transfer and Advancement would be charged to an individual Act of 1995 (15 U.S.C. 272 note) because Transportation (DOT) received a paying full fare for a similar trip on the petition for rulemaking from Access application of those requirements would fixed route system. be inconsistent with the CAA; and Services, the Americans with DATES: Comments must be received by Disabilities Act (ADA) complementary • does not provide EPA with the September 21, 2015. discretionary authority to address, as paratransit provider for 44 fixed route appropriate, disproportionate human ADDRESSES: Please submit your transit providers in Los Angeles County, health or environmental effects, using comments by only one of the following California. Access Services uses a practicable and legally permissible methods: ‘‘coordinated’’ or two-tier fare structure methods, under Executive Order 12898 • Online: Use the Federal where it generally charges $2.75 for one- (59 FR 7629, February 16, 1994). eRulemaking portal at http:// way trips up to 19.9 miles, and $3.50 for www.regulations.gov and follow the one-way trips of 20 miles or more. In In addition, the SIP is not approved instructions for submitting comments. some cases, these fares exceed twice the to apply on any Indian reservation land • U.S. Mail: Send your comments to fixed route fare. The DOT’s ADA or in any other area where EPA or an the Docket Management Facility, U.S. regulation at 49 CFR 37.131(c) provides Indian tribe has demonstrated that a Department of Transportation, 1200 that the fare for a trip charged to an tribe has jurisdiction. In those areas of New Jersey Avenue SE., W12–140, ADA paratransit eligible user of the Indian country, the rule does not have Washington, DC 20590–0001. complementary paratransit service shall tribal implications as specified by • Hand Delivery or Courier: Go to not exceed twice the fare that would be Executive Order 13175 (65 FR 67249, Room W12–140 on the ground floor of charged to an individual paying full fare November 9, 2000), nor will it impose the West Building, U.S. Department of for a trip of similar length, at a similar substantial direct costs on tribal Transportation headquarters, 1200 New time of day, on the entity’s fixed route governments or preempt tribal law. Jersey Avenue SE., between 9 a.m. and system. In recent triennial reviews of List of Subjects in 40 CFR Part 52 5 p.m. Eastern-time, Monday through some fixed route providers in Los tkelley on DSK3SPTVN1PROD with PROPOSALS Friday except Federal holidays. Angeles County, the Federal Transit Environmental protection, Air • Telefax: Send your comments to Administration (FTA) has made pollution control, Incorporation by 202–493–2251. findings that the ADA paratransit fares reference, Intergovernmental relations, Instructions: All comments must exceed twice the fixed route fare. In Nitrogen dioxide, Ozone, Reporting and include the docket number for this other words, some paratransit riders are recordkeeping requirements, Volatile rulemaking: DOT–OST–2015–0075. paying more for ADA paratransit fares organic compounds. Submit two copies of your comments if than they should be under the Authority: 42 U.S.C. 7401 et seq. you submit them by mail. For Department’s existing regulations. VerDate Sep<11>2014 16:21 Aug 19, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\20AUP1.SGM 20AUP1

50594 Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Proposed Rules Access Services’ petition for trips and averaging the results. The transit agencies, be beneficial to rulemaking has been placed in the sample may be subdivided by distance individuals with disabilities using docket. Access Services asserts in its to determine the regional average fixed- public transportation in regions with petition that its two-tier fare structure is route fares for trips of a certain mileage. multiple fixed route providers? Would simple for riders to understand and easy The Department’s regulations at 49 any tiered system need to be capped at for Access Services and its providers to CFR 5.11 permit any person to petition a certain amount (e.g., twice the fare on implement. In its petition, Access the Secretary to amend a rule. It is a comparable fixed route trip)? How Services requests that the Department solely within the discretion of the many tiers would be unmanageable for propose amending its ADA regulations Secretary to grant or deny such a individuals with disabilities? to allow for a coordinated fare structure petition, and the Secretary has not yet The Department is also interested to as follows: decided whether or not to grant or deny hear from ADA complementary Proposed Amendment to DOT ADA the Access Services’ petition. In order to paratransit providers throughout the Regulations supplement the information provided country. How do these paratransit by Access Services in support of its providers, particularly in regions with The Access Services proposes the petition for rulemaking, the Department many fixed-route operators, currently following addition to 49 CFR 37.131(c) on service criteria for complementary is requesting public comments on the determine fares in order to comply with paratransit: issue presented in the petition. The the Department’s current regulations? • Alternatively, the maximum fare Department will use this collective What procedures or best practices do that may be charged by an entity which information in the development of the they use? What challenges do ADA administers a coordinated paratransit technical review that will serve as the complementary paratransit providers plan for 20 or more fixed route members basis for determining whether to grant face in setting fares under the current pursuant to 49 CFR 37.141 and or deny the petition. regulations? How many fixed-route approved pursuant to 49 CFR 37.147 The Department is especially providers do you coordinate with? shall be no more than twice the regional interested in hearing from individuals Issued in Washington, DC, this 29th day of average fixed-route fare determined as who use ADA complementary July 2015, under authority delegated in 49 follows: paratransit services in order to better CFR 1.27(a). Æ The entity may calculate a regional understand how they would be Kathryn B. Thomson, average fixed-route fare by obtaining a impacted if the Department adopted the statistically-valid, random sample of its Access Services’ language or similar General Counsel. recent paratransit trips, calculating the language. Would a more simplified [FR Doc. 2015–20467 Filed 8–19–15; 8:45 am] applicable fixed-route fare for those tiered fare system, set by the local BILLING CODE 4910–9X–P tkelley on DSK3SPTVN1PROD with PROPOSALS VerDate Sep<11>2014 16:21 Aug 19, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4702 Sfmt 9990 E:\FR\FM\20AUP1.SGM 20AUP1


Document Created: 2015-12-15 11:09:04
Document Modified: 2015-12-15 11:09:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of petition for rulemaking; request for comments.
DatesComments must be received by September 21, 2015.
ContactJill Laptosky, Attorney-Advisor, Office of General Counsel, U.S. DOT, 1200 New Jersey Ave. SE., Washington, DC 20590, phone: (202) 493-0308, or email, [email protected]; or Bonnie Graves, Assistant Chief Counsel for Legislation and Regulations, Office of Chief Counsel, Federal Transit
FR Citation80 FR 50593 
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