Charter Service Regulation; Technical Amendment

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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