[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]



Federal Transit Administration

49 CFR Part 604


Charter Service Regulation; Technical Amendment

AGENCY: Federal Transit Administration, DOT.
ACTION: Final Rule; technical amendment.


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 


    1. The authority citation for part 604 continues to read as 

    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,
[FR Doc. 94-24897 Filed 10-6-94; 8:45 am]