[Federal Register Volume 75, Number 215 (Monday, November 8, 2010)]
[Rules and Regulations]
[Pages 68467-68468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28236]
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DEPARTMENT OF TRANSPORTATION
49 CFR Part 39
[Docket OST-2007-26829]
RIN 2105-AB87
Transportation for Individuals With Disabilities: Passenger
Vessels
AGENCY: Department of Transportation, Office of the Secretary.
ACTION: Response to comments; stay of effective date.
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SUMMARY: On July 6, 2010, the Department of Transportation issued a new
Americans with Disabilities Act (ADA) final rule to ensure
nondiscrimination on the basis of disability by passenger vessel
operators (PVOs). The final rule requested comment on three issues:
Service animals, mobility devices, and the consistency of the rule with
recent Department of Justice ADA rules. This document responds to those
comments and makes certain adjustments in effective dates for the final
rule.
DATES: 49 CFR 39.39 is stayed effective from November 8, 2010 through
January 3, 2012; the remainder of 49 CFR part 39 is stayed effective
from November 8, 2010 through January 3, 2011.
FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant
General Counsel for Regulation and Enforcement, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W94-302, Washington,
DC 20590. (202) 366-9310 (voice); (202) 366-7687 (TDD);
[email protected] (e-mail).
[[Page 68468]]
SUPPLEMENTARY INFORMATION: After a lengthy, open, and inclusive
rulemaking process including an advance notice of proposed rulemaking
(ANPRM), a notice of proposed rulemaking (NPRM), public meetings, and
consultation with the Access Board and the Department of Justice (DOJ),
the Department of Transportation issued a final rule (49 CFR part 39)
applying the ADA to the policies and practices of passenger vessel
operators (PVOs). The rule was issued on July 6, 2010 (75 FR 38878)
with an effective date of November 3, 2010. The final rule included a
request for comment on three issues: service animals, mobility aids,
and the general consistency of Part 39 with recent DOJ rules under
Titles II and III of the ADA. The Department worked closely with DOJ to
ensure that part 39, as published, is fully consistent with DOJ ADA
rules. The question raised in the request for comments was whether it
would be appropriate for the Department to make changes to the rule
that could differ from the DOJ rules in some respects.
The Department received over 30 comments. About two-thirds of these
were from advocates of psychiatric service animals (PSAs). They
supported considering such animals to be service animals and opposed
permitting emotional service animals (ESAs) to be considered as service
animals. Two disability organizations supported the use of ESAs on
ships and urged the Department to permit them to travel with their
users. The Department is not making any changes in its rules in
response to these comments. Part 39's existing definition of service
animals encompasses PSAs. The preamble to the final rule made clear
that ESAs, consistent with DOJ rules, are not considered to be service
animals that PVOs are required to accommodate, though the Department
said that it is a good idea for PVOs to accept ESAs.
Two organizations representing PVOs commented on the rule. Both
urged that the Department's rules be consistent with those of DOJ. DOT
regards its existing rules as being consistent with those of DOJ, in
general as well as with respect to particular matters such as service
animals and mobility aids. The Department is not making any substantive
changes to its rules, which consequently will remain consistent with
those of DOJ.
One of these organizations pointed out that the DOJ ADA rules
become effective in six months rather than four, and that a DOJ
provision on hotel reservations had an 18-month effective date. It
asked that DOT change its effective dates to be consistent with these
DOJ dates. The Department believes that these requests are reasonable.
Consequently, we are changing the effective date for most provisions of
the rule from November 3, 2010, to January 3, 2011. In addition to
being consistent with the DOJ time frame, this extension will permit
more time for the Department to work on guidance and interpretations
that will assist regulated parties and the public to implement the new
rules smoothly. We will also extend the effective date for the cabin
reservations section of the rule to January 3, 2012. In addition to
being consistent with the DOJ time frame for hotel reservations, this
extension will provide additional time for PVOs to make necessary
changes to their computer systems to carry out the regulatory
requirements.
Some commenters made comments outside the scope of the Department's
request for comment. One of the PVO organizations expressed its
disagreement with various provisions of the final rule and sought
clarification of others. Other comments asked for clarifications on
some issues, such as where complaints should be sent or coverage of
coastwise vessels carrying passengers not for hire. We will not respond
to those comments here, since they are beyond the scope of the
Department's request for comments, but we would note that, in the
normal course of business, the Department regularly provides
interpretations of or guidance concerning new regulatory provisions. We
will do so in the case of Part 39 where necessary and appropriate.
Regulatory Process Matters
This stay of effective dates relates to an underlying final rule
that was significant for purposes of Executive Order 12886 and the
Department's Regulatory Policies and Procedures. However, this notice
makes no changes in the text of the final regulation, and the changes
to the effective date of the rule are not themselves significant. These
changes do not impose any additional costs or burdens on any regulated
parties, and they provide regulated entities, including small entities,
additional time to comply with the regulations. For this reason, the
Department certifies that these changes to the effective dates do not
impose significant economic effects on a substantial number of small
entities.
Issued at Washington, DC, November 2, 2010.
Ray LaHood,
Secretary of Transportation.
[FR Doc. 2010-28236 Filed 11-5-10; 8:45 am]
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