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Transportation Laws and Rules [1973-1977] [2]
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Transportation Laws and Rules [1973-1977] [2]
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Transportation Laws and Rules [1973-1977] [2]
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RECEIVED
And to Let fesioa
T.K.R.R.
HOUSTON T-XAS
SEP 2 5 1975
10/5/75
P.M.
789
10
12123
Richard E. Verville
DATE: September 23, 1975
FROM:
SUBJECT: Amendments to Mass Transportation Assistance Act of 19
On September 15, 1975, the Senate passed S 662, which amends
the National Mass Transportation Assistance Act. The bill would
make several improvements in the requirements that mass transpor-
tation systems be accessible to handicapped and elderly individ-
uals.
The current law declares a national policy that elderly
and handicapped persons have the same right as other persons to
uțilize mass transportation facilities and services. The new
bill would extend Federal assistance in furtherance of this policy
from the planning and design of mass transportation facilities and
services to include the construction and operation of such facil-
ities and services. The bill also makes it explicit that projects
may not receive Federal financial assistance unless they are plan-
ned, designed, constructed and operated to allow effective util-
ization by the elderly and handicapped.
The bill broadens the definition of "handicapped person"
to include individuals who are nonambulatory wheelchair bound
or have semiambulatory capabilities. This brings the definition
into conformity with the Federal And Highway Act of 1973.
-2-
Regulations promulgated by the Department of Transportation
under the existing law now require that rapid rail systems be
accessible to the handicapped and elderly. The bill would require
not only that the rail systems, but those systems integrated with
the rail system be accessible to handicapped and elderly persons.
Thus, bus feeder lines will be required to comply with Department
of Transportation regulations as well.
The bill also requires the Secretary of Transportation to
promulgate accessibility standards for bus and other step-entry
vehicles, subject to reasonable exceptions as required by the
nature or proposed use of the vehicle, the commercial availibility
of reliable accessible vehicles and the number of elderly and
handicapped in the community. An exception can also be granted
where adequate alternate transportation -- defined in the Committee
Report as equal in cost, hours of operation and purposes, and with
no more than a few hours advance notice for pickup required -- is
available.
Two sections of the bill are designed to improve public
input into transportation planning and operation. Local advisory
committees composed of at least 50% elderly and handicapped per-
sons are to be created to develop timetables and to help carry
out the accessibility requirements. The bill would also require
public hearings on the service to be provided for the elderly and
handicapped.
-3-
The bill will create a National Advisory Council of Mass
Transportation for the Elderly and Handicapped, composed of at
least 50% elderly and handicapped persons, which will advise and
consult with the Secretaries of HEW and Transportation on matters
relating to mass transportation for the elderly and handicapped.
The Secretary of Transportation will be required to submit
by October 1977 a comprehensive report on the transportation needs
of the elderly and handicapped, research, development and demon-
stration projects undertaken, and the measures taken to achieve
the goal of access to mass transportation. Additionally, a cost-
benefit study will have to be undertaken.
House Bill 3155 is essentially the same as S 662. However,
the House Public Works and Transportation Committee has not yet
determined how it will proceed with the amendments to assist the
elderly and handicapped. They may push H.R. 3155, or they may
simply add some provisions to the Highway Act Amendments which
are currently being prepared. We'll let you know when the House
is ready to take action on the matter.
FRIDAY, APRIL 30, 1976
ARCHIVES OF THE
NATIONAL THE * MAMET SCRIPTA * STATES UNITED
1934
federal register
PART II:
DEPARTMENT OF
TRANSPORTATION
Urban Mass Transportation
Administration
Federal Highway
Administration
TRANSPORTATION FOR
ELDERLY AND
HANDICAPPED PERSONS
18234
RULES AND REGULATIONS
Title 49-Transportation
veloped pursuant to 23 CFR 450.118 and
ernmental health and welfare agencies, and
CHAPTER VI-URBAN MASS TRANSPOR-
submitted after September 30, 1976, con-
private nonprofit organizations may be iden-
TATION ADMINISTRATION, DEPART-
tains projects or project elements de--
tified as a project deriving from local special
MENT OF TRANSPORTATION
signed to benefit elderly and handicapped
efforts. If the service and resources thus
PART 613-PLANNING ASSISTANCE
persons, specifically including wheelchair
coordinated meet the four conditions for
users and those with semiambulatory
eligible section 16(b) (2) services (see above)
AND STANDARDS
capabilities; and
and appear in the transportation improve-
ment program, then those services and re-
Urban Transportation Programing for
(c) After September 30, 1977, reason-
sources themselves may be identified as
Elderly and Handicapped Persons
able progress has been demonstrated in
deriving from local special efforts.
The purpose of this document is to is-
implementing previously programed
Transportation improvement programs
sue a final regulation which states addi-
projects.
submitted to UMTA should identify those
projects that result from the wheelchair
tional criteria for the Urban Mass Trans-
APPENDIX
user aspect of the elderly and handicapped
portation Administrator's project ap-
ADVISORY INFORMATION ON THE URBAN MASS
special efforts requirement. Compliance with
provals under 23 CFR 450.320 and to
TRANSPORTATION ADMINISTRATION'S REQUIRE-
the fixed facilities section of the UMTA
issue advisory information on that regu-
MENTS ON PROGRAMING FOR ELDERLY AND
elderly and handicapped regulations (49
lation.
HANDICAPPED PERSONS UNDER 49 CFR 613.204
CFR 609.13) should not be identified as de-
Also being issued today are the Urban
riving from local special efforts. On the other
Pursuant to the planning requirements
Mass Transportation Administration's
hand, efforts which go beyond what the fixed
established for urbanized areas in title 23
elderly and handicapped regulations (41
facilities section requires (e.g., making an
and the Urban Mass Transportation Act of
existing subway station wheelchair accessible
FR 18236) and a joint UMTA-Federal
1964, as amended, the Urban Mass Trans-
when the fixed facility regulation does not
Highway Administration issuance pro-
portation Administration (UMTA) and the
so require) may be part of the local special
viding advisory information on urban
Federal Highway Administration (FHWA)
effort.
transportation planning for elderly and
have previously jointly issued regulations (23
UMTA will not specify a program design
handicapped persons (41 FR 18236).
CFR Part 450 and 49 CFR Part 613) that
to meet the "special efforts" requirement.
Since the programing regulation and ad-
require the urban transportation planning
However, the following examples are illustra-
process to include special efforts to plan pub-
tive of a level of effort that will be deemed
visory information being issued by this
lic mass transportation facilities and services
to satisfy this requirement with respect to
document have a close relationship to the
that can effectively be utilized by elderly
wheelchair users and semiambulatory per-
joint UMTA-FHWA issuance described
and handicapped persons. They have also
sons:
above, the preamble to the latter mate-
issued a supplementary statement which pro-
1. A program for wheelchair users and
rial, published at page 18235 of this
vides advisory information on the special
semiambulatory handicapped persons that
edition of the FEDERAL REGISTER, is in-
efforts planning requirements (appendix to
will involve the expenditure of an average
corporated into this preamble.
23 CFR Part 450, Subpart A, published in this
annual dollar amount equivalent to a mini-
edition of the FEDERAL REGISTER). The Urban
In consideration of the foregoing and
mum of five percent of the section 5 appor-
Mass Transportation Administration has also
tionment to the urbanized area. These "five
under the authority of section 16 of the
issued a regulation (49 CFR 613.204) which
percent funds" may be derived from sources
Urban Mass Transportation Act of 1964,
requires special efforts in the programing
other than section 5. The term "average"
as amended (49 U.S.C. 1612), section 165
of projects. The purpose of this statement is
permits lower expenditure years to be bal-
(b) of the Federal-Aid Highway Act of
to provide advisory information on that pro-
anced by higher expenditure years but does
1973, as amended (23 U.S.C. 142 nt.), sec-
graming regulation.
not permit an initial delay in implementing
tion 504 of the Rehabilitation Act of 1973
As a result of special efforts in planning,
projects. The term "section 5 apportionment"
(29 U.S.C. 794), and delegation of au-
projects designed to benefit elderly and han-
refers to UMTA's formula apportionment for
dicapped persons, including projects designed
areas with a population of 200,000 or more
thority by the Secretary of Transporta-
specifically to benefit wheelchair users and
and to the Governor's apportionment for
tion at 49 CFR 1.51, chapter VI of the
those with semiambulatory capabilities,
areas with a population under 200,000. Proj-
Code of Federal Regulations is hereby
should appear in the annual element of
ects that qualify as local "special efforts" for
amended by adding a new section as set
transportation improvement programs sub-
wheelchair users and other semiambulatory
forth below, and the advisory informa-
mitted to UMTA after September 30, 1976.
persons under the initial paragraphs of this
tion also set forth below is added to 49
The term "projects" is meant to include
advisory information would be counted in
CFR Part 613, Subpart B, as an appendix.
significant features of larger projects (e.g.,
computing the five percent.
level-change mechanisms on full-size buses),
2. Purchase of only wheelchair-accessible
Effective Date: This regulation and
as well as specially designed services and
new fixed route equipment until one-half of
advisory information are effective on
improvements in the coordination of existing
the fleet is accessible, or, in the alternative,
May 31, 1976.
services and resources. "Projects" includes
provision of a substitute service that would
payment of current operating costs of previ-
provide comparable coverage and service
Issued on April 27, 1976.
ously purchased wheelchair-accessible equip-
levels.
ment and includes payment of expenses asso-
3. A system, of any design, that would as-
ROBERT E. PATRICELLI,
ciated with indirect methods of providing
sure that every wheelchair user or semi-
Urban Mass Transportation
service, such as subsidies to reduce taxi fares
ambulatory person in the urbanized area
Administrator.
for wheelchair users or trip coupons provided
would have public transportation available if
Section 613.204 and an appendix to 49
directly to wheelchair users.
requested for 10 round-trips per week at
Projects funded by UMTA under section
fares comparable to those which are charged
CFR Part 613, Subpart B, are added as
16(b) (2) may be identified as deriving from
on standard transit buses for trips of similar
set forth below:
local special efforts to meet the needs of
length, within the service area of the public
wheelchair users and semiambulatory persons
transportation authority. The system could,
§ 613.204 Additional criteria for Urban
Mass Transportation Administrator's
only to the extent that the following four
for example, provide trip coupons to indi-
approvals under 23 CFR 450.320.
conditions are met: (1) the service and ve-
viduals who would then purchase the needed
hicles serve wheelchair users and semiambu-
service.
The Urban Mass Transportation Ad-
latory persons; (2) the service meets a pri-
These examples are illustrative of a level
ministrator will grant project approvals
ority need identified in this planning process;
(3) the service is not restricted to a particu-
of effort that will satisfy the "special efforts"
pursuant to 23 CFR 450.320(a) (3) only
if:
larized organizational or institutional clien-
requirement. They are not regulatory stand-
(a) The urban transportation plan-
tele; and (4) any fares charged are com-
ards or minimums, neither do they exhaust
ning process exhibits satisfactory special
parable to those which are charged on stand-
all valid approaches. They are meant to guide
the development of local public transporta-
efforts in planning public mass trans-
ard transit buses for trips of similar length.
tion opportunities for wheelchair users and
portation facilities and services that can
The coordination of existing transportation
semiambulatory persons that in fact meet a
be utilized by elderly and handicapped
available for wheelchair users and semiam-
significant fraction of the identified need
persons; and
bulatory persons, and funds which support
within a reasonable time.
(b) The annual element of the trans-
the provision or purchase of such transporta-
portation improvement program de-
tion, provided by the transit operators, gov-
[FR Doc,76-12679 Filed 4-29-76;8:45 am]
FEDERAL REGISTER, VOL. 41, NO. 85-FRIDAY, APRIL 30, 1976
RULES AND REGULATIONS
18235
Title 23-Highways
cilities and services that can effectively
The following material is added to the
be utilized by elderly and handicapped
appendix to 23 CFR Part 450, Subpart
CHAPTER I-FEDERAL HIGHWAY ADMIN-
persons pursuant to section 16 of the
A:
ISTRATION, DEPARTMENT OF TRANS-
UMT Act (49 U.S.C. 1612) and section
APPENDIX
PORTATION
165(b) of the Federal-Aid Highway Act
PART 450-PLANNING ASSISTANCE
of 1973, as amended." This format is
ADVISORY INFORMATION ON PLANNING FOR EL-
AND STANDARDS
somewhat similar to the Transportation
DERLY AND HANDICAPPED PERSONS UNDER
System Management requirements im-
UMTA AND FHWA JOINT REGULATIONS, 23 CFR
Urban Transportation Planning for
posed on UMTA projects.
450, SUBPARTS A AND C, AND 49 CFR 613, SUB-
Elderly and Handicapped Persons
While special efforts are due on be-
PARTS A AND B.
The purpose of this document is to
half of all ambulatory elderly and handi-
1. Background. Section 16(a) of the Urban
add a new section to the appendix to 23
capped persons, service for wheelchair
Mass Transportation Act of 1964, as amended
CFR Part 450, Subpart A. This new sec-
users and semiambulatory persons is the
(49 U.S.C. 1612), declares the national policy
that elderly and handicapped persons have
tion provides advisory information on
area requiring the most specific guid-
the same right as other persons to utilize
urban transportation planning for el-
ance. The dominant focus of the plan-
mass transportation facilities and services;
derly and handicapped persons. (Other
ning guidance, therefore, is on service
directs that special efforts be made in the
material on transportation for elderly
to wheelchair users and the semiambula-
planning and design of mass transportation
tory handicapped (persons who cannot
facilities and services so that the availabil-
and handicapped persons, issued by the
negotiate steps or who can do SO only
ity of mass transportation which elderly and
Urban Mass Transportation Adminis-
with difficulty).
handicapped persons can effectively utilize
tration (UMTA), is being published to-
will be assured; and directs that all federal
day at 41 FR 18234 and 41 FR 18236.)
The supplemental statement to the
programs offering assistance in the field of
On February 26, 1975, UMTA published
FHWA/UMTA joint planning regula-
mass transportation contain provisions im-
proposed regulations regarding trans-
tions makes it clear that primary em-
plementing this policy. Section 165(b) of the
portation for elderly and handicapped
phasis in the planning process is to be
Federal-Aid Highway Act of 1973, as amended,
persons in the FEDERAL REGISTER (40 FR
placed on techniques of self-identifica-
contains a similar provision applicable to
8314). The proposed regulations included
tion, i.e., asking the handicapped to
title 23 mass transportation assistance.
Pursuant to the planning requirements
a planning section on which UMTA re-
identify themselves and report their
established for urbanized areas in title 23
ceived extensive comments. Generally,
transportation needs to the planning
and the Urban Mass Transportation Act of
there was concern over the level of de-
body, as opposed to elaborate search
1964, as amended, UMTA and FHWA have
tail that seemed to be implied. Many of
techniques. It is expected that the ap-
jointly issued regulations (23 CFR Part 450
the comments from the planning com-
plicants in cooperation with the MPO
and 49 CFR Part 613) that require the urban
munity expressed the fear that the cost
will produce projects susceptible of early
transportation planning process to include
of carrying out the planning regulations
implementation.
special efforts to plan public mass transpor-
tation facilities and services that can effec-
would exceed the UMTA resources avail-
The planning guidance further in-
tively be utilized by elderly and handicapped
able to support such activity. Several
structs the planning process to pay par-
persons. The purpose of this supplementary
comments from the handicapped com-
ticular attention to the service needs of
statement is to provide additional guidance
munity expressed the concern that car-
concentrations of the elderly, and notes
on the special efforts requirement.
rying out a highly detailed planning
that the service provided to such areas
2. General. Elderly persons and the ambu-
process might have the effect of delaying
must be shown by the applicant in
latory handicapped constitute a significant
the institution of service.
UMTA grant applications.
fraction of present transit ridership. General
improvement to transit service can thus be
Many comments received both at the
Another change from the planning
expected to improve conditions for these
public hearings and on the docket indi-
section of the proposed UMTA elderly
groups. UMTA's equipment design require-
cated that elderly consumer organiza-
and handicapped regulations is that a
ments are meant to ensure that transit
tions are principally concerned with
presumption is now stated in the plan-
equipment is made comfortable and attrac-
general improvements in public trans-
ning guidelines that the participation of
tive for these users.
portation service and with minor equip-
elderly and handicapped consumers in
Particular care should be directed toward
ment modifications that will make use of
serving the travel needs generated by concen-
the planning and programming process
trations of the elderly. The service provided
standard transit equipment easier for
is needed for effective project develop-
to areas with a high proportion of elderly
persons with physical impairments as-
ment.
residents is required to be shown in appli-
sociated with aging. UMTA's own human
Criteria in this area by which the
cations to UMTA for capital or operating
factors evaluation carried on in con-
Urban Mass Transportation Adminis-
assistance.
nection with the TRANSBUS project
trator will make project approvals pur-
The focus of this guidance is on service to
supports this view. For the next genera-
suant to 23 CFR 450.320 are stated in
persons who, because of age or disability, are
tion of buses, expected to be deliverable
unable to utilize present transit service and
49 CFR 613.204, which is published in
within the next one to two years, UMTA
facilities effectively, particularly those who
this edition of the FEDERAL REGISTER.
is mandating, in regulations being issued
use wheelchairs or other mobility aids which
In consideration of the foregoing and
are not accommodated by current bus design.
today amending 49 CFR Chapter VI,
under the authority of section 16 of the
In many communities, persons who use
step risers that do not exceed eight
Urban Mass Transportation Act of 1964,
wheelchairs or who otherwise have consider-
inches (approximately the architectural
as amended (49 U.S.C. 1612), section 165
able difficulty negotiating steps find public
standard used in buildings). In addition,
transportation impossible to use for physical
(b) of the Federal-Aid Highway Act of
those regulations will mandate a variety
reasons, and private transportation-for-hire
of other vehicle features designed to
1973, as amended (23 U.S.C. 142 nt.), sec-
(e.g., special taxicab service, medicab, etc.)
tion 504 of the Rehabilitation Act of 1973
make transit more accessible to ambu-
prohibitively expensive. Specific planning for
latory elderly and handicapped persons.
(29 U.S.C. 794), and delegations of au-
this group is central to meeting the special
thority by the Secretary of Transporta-
efforts requirement.
The planning requirements themselves
tion at 49 CFR 1.48 and 1.51, the follow-
3. Consumer representation. Section 450.-
have been recast in the form of a joint
UMTA/FHWA issuance providing advi-
ing advisory information is added to the
120 of the joint planning regulations requires
that the planning process include provisions
sory information on the scope and ob-
appendix to 23 CFR Part 450, Subpart
to ensure involvement of the public. Elderly
jectives of the elderly and handicapped
A.
and handicapped persons, including wheel-
requirement of the joint planning
chair users and semiambulatory persons, are
Effective date: This advisory informa-
regulations, and a program implementa-
a part of the public and should be appropri-
tion is effective upon issuance.
ately involved in the planning process to
tion regulation that states additional cri-
meet the special efforts requirement. The
teria for the Urban Mass Transportation
Issued on April 27, 1976.
MPO must describe in what ways such per-
sons, including wheelchair users and semi-
Administrator's approvals under 23 CFR
ROBERT E. PATRICELLI,
ambulatory persons, were involved in the
450.320. Section 450.120 of the joint
Urban Mass Transportation
planning and programing process. Further, it
planning regulations requires that the
Administrator.
is presumed to be unlikely that effective
planning process "Include special efforts
project development to meet the needs of
NORBERT T. TIEMANN,
these users can occur without the assistance
to plan public mass transportation fa-
Federal Highway Administrator.
and cooperation of such persons, including
FEDERAL REGISTER, VOL. 41, NO. 85-FRIDAY, APRIL 30, 1976
18236
RULES AND REGULATIONS
wheelchair users and semiambulatory per-
portation for elderly and handicapped
change mechanisms to permit access by
sons, and of public and private health and
persons in the FEDERAL REGISTER (40 FR
welfare agencies and handicapped consumer
wheelchair users. Through our Transbus
groups.
8314). These proposed regulations codi-
program, important research and demon-
4. Special efforts, urban transportation
fied existing requirements and estab-
strations on wheelchair access to full-
planning process. The urban transportation
lished new requirements.
size buses have already been conducted,
planning process must include special efforts
Interested persons were invited to sub-
and we are making available additional
to plan public mass transportation facilities
mit written comments on the proposed
research and development funds to
and service that can effectively be utilized
regulations, and 324 such comments were
American transit bus manufacturers to
by elderly and handicapped persons. As used
received. In addition, hearings on the
in this guidance, the term "special efforts"
develop the wheelchair accessibility pack-
refers both to service for elderly and handi-
proposed regulations were held in April
age for their respective buses. Although
capped persons in general and specifically to
1975 in Los Angeles, Denver, Chicago,
no manufacturer of full-size transit
service for wheelchair users and semiambu-
St. Petersburg, Boston, and Washington.
buses presently offers a lift or ramp
latory persons. With regard to transportation
A great deal of thoughtful although
option for its buses, the new bus designs
for wheelchair users and others who cannot
sometimes conflicting advice was re-
that are about to come on the market
negotiate steps, "special efforts" in planning
ceived, and the proposed regulations
could offer that technology.
means genuine, good-faith progress in plan-
have in many cases been revised to re-
At least one major transit operator
ning service for wheelchair users and semi-
flect that advice.
wants to buy wheelchair-accessible
ambulatory handicapped persons that is
The regulations being issued today are
reasonable by comparison with the service
buses, and UMTA feels that it is impor-
provided to the general public and that
final regulations. However, we will be re-
tant that competition among manufac-
meets a significant fraction of the actual
viewing how well they work in practice,
turers not be influenced by the presence
transportation needs of such persons within
and we welcome comments on these regu-
or absence of a wheelchair option in dif-
a reasonable time period. Particular atten-
lations as well as the companion plan-
ferent buses. Accordingly, for these new
tion should be given to those handicapped
ning and programing material. Com-
bus designs, PMTA will insist that
persons who are employed or for whom the
ments should be addressed to the
manufacturers offer as an option a
lack of adequate transportation constitutes
Administrator, Urban Mass Transporta-
wheelchair accessibility package consist-
the major barrier to employment or job
tion Administration, Department of
training.
ing of a level-change mechanism, suffi-
In order to fulfill the special efforts re-
Transportation, Washington, D.C. 20590.
cient front or rear door and passageway
quirement in planning it will be necessary
One intention of the final regulations
clearances to permit the wheelchair to
to identify the location and transportation
is to make regular transit service more
reach a securement location in the bus,
needs of wheelchair users and semiambula-
accessible to the large number of am-
and at least one wheelchair securement
tory handicapped persons within the urban-
bulatory elderly and handicapped per-
device.
ized area. To the extent possible this infor-
sons. This goal is widely supported by the
Although the wheelchair accessibility
mation should be derived from existing and
individuals and organizations that com-
option requirement is settled, the issue
secondary sources. Primary consideration
mented, in writing or in person, on the
should be given to self-identification tech-
of whether UMTA should mandate a low-
proposed regulations.
niques, i.e., asking the handicapped to iden-
floor bus is not settled. The floors of cur-
tify themselves and report their transporta-
In addition to the above goal, the final
rent transit buses are approximately 34
tion needs to the planning body, as opposed
elderly and handicapped regulations and
inches above street level. After testing
to elaborate search techniques.
the companion planning and programing
prototypes, the Transbus program pro-
In carrying out planning for wheelchair
guidance have the goal of increasing sig-
duced a specification calling for a 22-inch
users and semiambulatory persons, a range
nificantly the level of service for wheel-
floor. However, substantial questions
of alternative service improvements should
chair users and other persons who can-
be evaluated as to coverage, cost, and bene-
have arisen about the costs and benefits
not negotiate steps. In this area, the
fit. Maximum feasible opportunity should
of a mandated 22-inch floor height re-
be given to private carriers, whether or not
comments on the proposed regulations
quirement. One bus manufacturer wants
they are presently providing mass transpor-
revealed substantial disagreement over
to discuss the possibility of a 29-inch
tation services, to provide some or all of the
the best type of service for wheelchair
floor, with a kneeling feature to lower
services selected.
users-accessible fixed route service, with
the floor five additional inches. In order
Considerable short-term benefit can be
or without accessible feeder service, de-
to receive advice on the floor-height is-
derived from the coordination and ration-
mand-responsive van or small-bus serv-
sue, and on the question of when to make
alization of existing resources and services
ice, subscription service, subsidized
to meet the needs of the elderly and handi-
the wheelchair accessibility option and
shared-ride taxi service, or some com-
capped, including wheelchair users and semi-
the 8-inch architectural steps require-
bination of these or other services. Given
ambulatory handicapped persons. Govern-
ments effective, UMTA will hold a public
mental health and welfare agencies and pri-
present knowledge, we cannot say that
hearing on May 5, 1976, and accept writ-
vate nonprofit organizations spend substan-
one of these services or even one com-
ten comments submitted before May 14,
tial sums each year to provide or purchase
bination is best for all communities. In
1976. UMTA intends to issue a decision
transportation for their clients, and these
fact, it is likely that site-specific plan-
on the above issues within 30 days after
resources as well as any reduced fare local
ning and tailoring of appropriate serv-
taxi service should be considered for inclu-
the time period for submitting comments
ices will always be necessary. We say this
sion in a local coordinated plan.
has elapsed. These matters are difficult,
with full appreciation of the psychologi-
Finally, the planning process should pro-
and we would like to receive a full pres-
cal and rehabilitation advantages of in-
duce a discussion of the process under which
entation by the interested parties before
the alternatives were evaluated and the
tegrating wheel chair users into regular
a decision is made.
rationale for selection of the service improve-
as oposed to specialized transit service.
Details on the time and place of the
ment or improvements.
While UMTA considers that particular
hearing, the precise issues to be discussed,
approaches must be determined locally
[FR Doc.76-12678 Filed 4-29-76;8:45 am]
the availability of background docu-
(with significant participation by local
ments, and advance registration were
wheelchair users), we also feel that con-
Title 49-Transportation
published at 41 Federal Register 15735,
crete examples of appropriate levels of
April 14, 1976. A copy of the notice is
CHAPTER VI-URBAN MASS TRANSPOR-
effort are helpful. Accordingly, the com-
available by writing the Director, Office
TATION ADMINISTRATION, DEPART-
panion planning and programing docu-
of Public Affairs, the Urban Mass Trans-
MENT OF TRANSPORTATION
ments to these regulations contain sup-
plementary guidance on the planning
portation Administration, Department of
[Docket No. 74-03]
and programing which must be accom-
Transportation, Washington, D.C. 20590,
PART 609-TRANSPORTATION FOR
or by calling that office at (202) 426-4043.
plished in order to continue receiving
ELDERLY AND HANDICAPPED PERSONS
In the context of the above presenta-
UMTA assistance. By way of example the
tion of our general policies, specific pro-
Transportation for Elderly and Handicapped
guidance includes specific quantitative
visions of the final regulations can be
Persons
measures of satisfactory local efforts to
addressed. The following comments con-
On February 26, 1975, the Urban Mass
serve wheelchair users.
cern particularly changes from the pro-
Transportation Administration published
One of the examples in that guidance
posed regulations and the public com-
proposed regulations regarding trans-
involves equipping new buses with level
ments on the proposed regulations.
FEDERAL REGISTER, VOL. 41, NO. 85-FRIDAY, APRIL 30, 1976
RULES AND REGULATIONS
18237
Definitions. UMTA received many
both the equipment and facility design
regulations proved too narrow within
thoughtful public comments on the defi-
standards will become effective with the
current technology to allow for safe
nition of "handicapped persons" as it ap-
first procurements carried out under
movement of trains within the station
peared in the proposed regulation. Some
UMTA-assisted projects on or after May
area. Our research and development of-
commentators thought that we should
31, 1976. Even before issuance of this
fice is looking into this matter of the
adopt subclassifications of handicapped
regulation it has been UMTA policy not
gap, which at present is 3 to 4 inches on
people in order to specify the service to
to concur in specifications for new rail
the most advanced systems being built.
be provided to each classification; others
rapid transit facilities unless the facili-
The proposed requirement for auto-
thought that the definition should con-
ties are accessible to wheelchair users.
mobile stopping areas for handicapped
form to the usage of other agencies con-
The applicability section has been re-
persons has been deleted because the
cerned with the disabled. The definition
vised to make it clear that only title 23
ANSI standards provide reserved park-
is, however, drawn directly from section
projects requiring the approval of the
ing places for handicapped persons. The
165(b) of the Federal-Aid Highway Act
Urban Mass Transportation Adminis-
benefit associated with the UMTA re-
of 1973, as amended (23 U.S.C. 142 nt.)
trator are covered by these regulations.
quirement appeared marginal.
and section 16(d) of the Urban Mass
Planning. The planning process for
The proposed requirement for station
Transportation Act of 1964, as amended
urbanized areas is subject to joint
information systems has been deleted be-
(49 U.S.C. 1612(d)). We see no basis on
UMTA-Federal Highway Administration
cause of the variety of station configu-
which to tamper with the statutory de-
regulations (23 CFR Part 450, 49 CFR
rations and possible methods of convey-
finition. On the other hand, it is clear
Part 613). UMTA's policies on planning
ing information. Nevertheless, station
that the focus of section 16 is on pro-
and programing for elderly and handi-
builders are encouraged to give particu-
viding service to those elderly and handi-
capped persons are expressed in mate-
lar attention to the information needs of
capped persons who cannot now effec-
rial being published simultaneously with
blind persons and deaf persons. Many
tively utilize mass transportation, so we
the elderly and handicapped regulations.
very fine comments that we received on
have joined the definitions of "elderly"
That material consists of joint UMTA-
passenger information systems are prop-
and "handicapped" into a single category
FHWA advisory information on planning
erly addressed in the context of an ag-
of persons who, because of age or disa-
for elderly and handicapped persons, a
gressive marketing program and will be
bility, are unable without special facili-
new regulation on additional criteria for
pursued in UMTA's transit management
ties or special planning or design to util-
project approvals by the Urban Mass
program.
ize mass transportation facilities and
Transportation Administrator under 23
Many comments concerned the appli-
services as effectively as persons who are
CFR 450.320(a) (3), and advisory infor-
cability of the regulations to the renova-
not so affected.
mation on the latter programing regula-
tion of existing facilities. The regula-
The definitions of "level-entry" and
tion.
tions cover renovations, but careful at-
"step-entry" vehicles have been deleted
Fixed facilities. A number of com-
tention should be paid to section 609.13
since the final regulation speaks in terms
mentators took issue with paragraphs
(c) (2), which describes the scope of
of the conventional categories of buses,
609.15 (a) through (c) of the draft reg-
renovation coverage. More than one
ulations; however, the language of the
comment expressed concern that a reno-
rapid rail vehicles, and light rail vehi-
proposed rules followed the language of
vation like repainting would require that
cles.
the General Services Administration im-
an elevator be added to an old station.
Applicability. The regulations are ap-
plementing P.L. 90-480, and we have con-
Clearly the regulations contain no such
plicable to nonhighway mass transpor-
requirement.
tation capital, operating, and planning
tinued to follow that language in the
asisstance projects approved on or after
final regulation. The paragraphs have
Vehicles. The proposed rules set out a
been renumbered in the final rule. Par-
series of specific hardware and design
May 31, 1976, under the Urban Mass
Transportation Act of 1964, as amended,
agraph (b) in the final regulation in-
requirements that were included pri-
cludes the special requirements that
marily to promote discussion about their
or title 23, United States Code (high-
UMTA has imposed on rail facilities be-
feasibility and reliability. In the preamble
ways). These constitute the vast ma-
cause the NASI standards are not tai-
to the proposed rules, we recognized that
jority of federally-funded mass trans-
lored to transportation facilities. We have
some of the equipment was not yet avail-
portation projects.
augmented these requirements in the
able commercially, and we wanted to
Some comments suggested expanding
final rule in response to comments re-
solicit comment on "appropriate effec-
this coverage to research, development,
ceived.
tive dates" for some hardware require-
and demonstration projects and to fa-
Section 609.13(b) (1) is a new provi-
ments "in view of the product develop-
cilities and equipment in projects that
sion which directs that careful attention
ment process that would be required."
have been approved but which have not
be given to the location and number of
We received voluminous comments on
yet resulted in contracts for procure-
elevators or other vertical circulation de-
the proposed vehicle features from
ment of equipment or construction of
vices in designing new underground or
manufacturers, transit operators, elderly
facilities.
elevated transit stations in order to min-
and handicapped users, governmental
We believe that fixed standards based
imize the extra distance which wheel-
agencies, providers of service and other
on the state of the art are inappropriate
chair users and other persons who can-
interested parties. In the proposed rules
for research and development projects,
not negotiate steps may have to travel
we had deliberately suggested vehicle
which are frequently undertaken in order
compared to nonhandicapped persons.
modifications that we understood to be
to advance the state of the art and to
Because of the variety of possible station
beyond the state of the art, or that we
which the general public will not have
designs, we are unprepared to specify a
thought might be beneficial to elderly
access. However, UMTA does sponsor
definite extra distance beyond which the
and handicapped users without knowing
some research and demonstration proj-
wheelchair user must not be made to
their effect on other users and on oper-
ects that are intended to bring new tech-
travel.
ations. The comments that we received
nology and techniques to regular revenue
Although paragraph 609.13(b) (2) is
were thoughtful and helpful. Many com-
transit service. We will evaluate such
slightly revised from the proposed ver-
ments suggested further bus design fea-
projects on a case-by-case basis with a
sion, this paragraph continues to require
tures that would unquestionably improve
view toward applying these regulations
that the fare collection system have a
passenger comfort for a wide range of
where such application is consistent with
clear opening sufficient for wheelchair
individuals, but the cumulative inclusion
the purpose of the project.
users. New words make coverage of the
of which would excessively increase the
We agree with the commentators who
fare vending system clear.
price of buses. The final rule has there-
suggested that those equipment and fa-
Paragraph 609.13(b) (3) is unchanged
fore sought to focus on those features
cility standards that are within the state
except that the specific maximum gap
of bus design that are more than mar-
of the art should become effective as
between boarding platform and vehicle
ginally important to the ability of elderly
and handicapped persons to utilize the
rapidly as possible after publication of
in the proposed rule has been replaced
equipment effectively.
the rule. Therefore, except where UMTA
with a more general requirement. The
Similarly, since most of these rules
has already concurred in specifications,
very narrow gap allowed by the proposed
are to be effective immediately with re-
FEDERAL REGISTER, VOL. 41, NO. 85-FRIDAY, APRIL 30, 1976
18238
RULES AND REGULATIONS
spect to the current generation of buses,
The proposed rule would have required
we generally decided against the inclu-
made on the next generation of buses,
devices that prevent closure on any per-
sion in the final rule of design require-
and we have required that those buses
son or object in the doorway (sensitive-
ments that require extensive redesign or
have front step risers which do not ex-
edge or elevator-type doors). Many com-
engineering modifications that would re-
ceed 8 inches in height-approximately
ments objected to this requirement for
sult in large cost increases or delays in
the same accessibility standards as are
buses on the grounds that such doors are
availability.
applied to buildings. We have yet to de-
unnecessary, expensive, and subject to
The organization of the vehicle re-
termine the proper effective date for the
frequent breakdowns. Because of the
quirements has been changed to reflect
requirement, and, therefore, section
merit in these arguments and because
standard mass transit terminology rather
609.15(c) of the regulation leaves open
we ultimately decided that sensitive-edge
than the "level-entry" and "step-entry"
the effective date, subject to resolution
doors make only a marginal contribution
categories used in the proposed rule. The
after the public hearing described ear-
to utilization of the vehicle by elderly
lier.
categories now are: bus, rapid rail, light
and handicapped persons, we have de-
rail, and "other vehicles." The "rapid
The door width requirement for rail
leted any suggestion that the regulations
rail" category does not include commuter
cars has been changed to 32 inches, which
require sensitive-edge doors for buses.
rail vehicles. Commuter rail operations
is the standard for barrier-free build-
occupy a unique and financially precari-
Door control mechanism requirements
ings. The rail door width requirement
for rail vehicles have been deleted en-
ous position in urban transportation, and
has also been changed to apply only to
tirely in deference to the research di-
are entering a particularly difficult period
side doors. We learned that since rail car
of transition as a result of the restruc-
rectly on this issue currently being con-
doors are built with vertical collision
turing of the railroads in the Northeast
ducted by the Federal Railroad
posts next to the end doors, increasing
and Midwest. The future of these systems
Administration. The results of this re-
the width between these points could de-
is unsure, and few new rail cars are being
search may form the basis for an amend-
crease a car's ability to withstand a col-
built solely for commuter rail service.
ment to the regulations.
lision.
Therefore, any new commuter rail ve-
The proposed regulations called for a
The warning signal requirement for
hicles will be included in the "other vehi-
redesign of the stepwell of the current
level-entry vehicle doors has been re-
cles" category, and requirements will be
bus so that, with the addition of a re-
tained for rapid rail and light rail vehi-
determined on a case-by-case basis. Be-
tractable step, the maximum height of
cles, but the regulations require only an
cause of the great variety of equipment
each step from street level to vehicle
audible signal. Such a signal will aid
in the small bus (22 feet and shorter)
floor level would be uniform and no more
visually impaired persons.
and van category, such vehicles will also
than eight inches. We invited comment
For level-entry rail systems, the spe-
be included in the "other vehicles"
on an appropriate effective date for this
cific maximum gap between vehicle and
section.
requirement in view of the product de-
boarding platform has been replaced
(1) Applicability of vehicle require-
velopment that would be required.
with a more general requirement. The
ments. Several comments on the proposed
The comments were not encouraging.
very narrow gap allowed by the proposed
regulations expressed confusion over the
The retractable step at the front of the
regulations proved too narrow, given
effective date of the vehicle require-
bus would interfere with ground clear-
present technology, to allow safe move-
ments. The effective date provisions have
ance and was thought to be unreliable in
ment of trains within the station area.
been rewritten to indicate clearly that
bad weather. Moreover, information de-
Our research and development office is
the vehicle requirements apply to all ve-
veloped in the Transbus program indi-
looking into this issue.
hicles for which an UMTA grantee issues,
cated that transit buses will pull up to
(4) Priority seating signs. The re-
on or after May 31, 1976, a formal pro-
curbs roughly 80 percent of the time,
quirement for priority seating signs for
curement solicitation containing vehicle
and the average curb is six inches, reduc-
elderly and handicapped passengers was
specifications approved by UMTA.
ing the need for the retractable step.
one of the more controversial parts of
(2) Wheelchair accessibility option. As
While there are vastly different operat-
the original proposed regulations. Many
discussed earlier, the regulations include
ing circumstances in various cities, any
comments, both from elderly and handi-
a requirement that manufacturers of
national rule should be geared to the
capped groups and from transit op-
new design transit buses offer a wheel-
typical situation, and we have thus
erators, argued that priority seating con-
chair accessibility option. The latter op-
receded from our requirement of a re-
stituted a form of segregation that de-
tion consists of a level-change mecha-
tractable step.
tracted from the dignity of elderly and
nism (e.g., lift or ramp), sufficient clear-
Eight-inch risers proved equally dis-
handicapped passengers. On the other
ances to permit a wheelchair user to
couraging on the current coach. The dis-
hand, several comments stated that
reach a securement location, and at least
tance from the floor of the bus to the
priority seating was a good concept and
one wheelchair securement device. UMTA
lowest step is currently between 19 and
that elderly and handicapped patrons
intends to determine the effective date
21 inches, which necessitates two steps.
should be given priority on any seat in
for this requirement after the May 5,
Although three rather than two steps
the vehicle.
1976, hearing described above. The op-
could be designed within this height, the
We feel that priority seating serves a
tion requirement is not meant to require
stairwell would have to be extended an-
useful purpose by promoting the safety
retrofitting of existing buses or retooling
other 11 inches toward the driver in
of elderly and handicapped persons. The
of production machinery which will be
order to accommodate the tread of the
act of claiming a priority seat is volun-
used to continue to produce existing bus
extra step. Such an additional intrusion
tary, and a person entitled to do so is
designs.
would increase the already-substantial
also free to sit anywhere else on the
(3) Doorways and steps. The proposed
hazard created by the long, narrow stair-
vehicle. We have improved the phrasing
rule suggested interlock systems at both
well of current design, and would reduce
of the requirement in order to allow signs
front and rear doors of buses. Many
safe standing space within the vestibule.
which encourage but do not require the
comments objected to the proposed front
We have been forced to conclude that the
yielding of priority seats to elderly and
door interlock system for buses because
provision of eight-inch risers inside the
handicapped persons. The regulation is
such a system would prevent the present
current bus is inconsistent with other
not intended to prohibit more strongly
useful practice of opening the door as
safety features that are of equal im-
worded signs.
the bus comes to a stop. Because that
portance to the elderly and the handi-
(5) Interior handrails and stanchions.
argument has merit and because the
capped (transit safety statistics indicate
Because of vandalism, cleanliness, and
bus driver can easily see the front door
that the typical accident occurs in the
maintenance problems, many comments
area, we have deleted the front door
front of the bus to a female passenger
strongly opposed the proposed require-
interlock requirement. We have also de-
over age 50).
ment that all handrails and stanchions
leted the rear door interlock require-
Therefore, the final regulations do not
be padded. Because we are not certain
ment because we find that requirement
include the proposed step height re-
that the safety benefits of padded hand-
only marginally related to making ve-
quirements for current generation buses.
rails and stanchions outweigh these
hicles more accessible to elderly and
However, we feel that substantial im-
problems, and because some have sug-
handicapped persons.
provements in the front stepwell can be
gested that such stanchions may actually
FEDERAL REGISTER, VOL. 41, NO. 85-FRIDAY, APRIL 30, 1976
RULES AND REGULATIONS
18239
be more difficult to grasp, we have de-
cerned whether the size requirement
Sec.
should be written in terms of a specific
609.19
Light rail vehicles.
leted the padding requirement. However,
609.21
Other vehicles.
we encourage transit operators to con-
height requirement, as in the proposed
609.23 Reduced fare.
sider modest padding on stanchions and
regulations, or as a readability, perform-
609.25 Waiver.
handrails at the front of the bus, where
ance standard. While a performance
AUTHORITY: Secs. 5 and 16, Urban Mass
a disproportionate number of injuries
standard appears to be more acceptable
Transportation Act of 1964, as amended (49
occur and where the driver's proximity
because it would allow greater local
U.S.C. 1604, 1612); sec. 165(b), Federal-Aid
may reduce vandalism.
choice on sign questions as well as allow
Highway Act of 1973, as amended (23 U.S.C.
The requirements for ample stan-
technological innovation, we do not feel
142 nt.); sec. 504, Rehabilitation Act of 1973
chions and handrails, particularly in the
that enough study has been done on the
(29 U.S.C. 794); 49 CFR 1.51.
entrance area, have been significantly
development of a reasonable standard.
strengthened. This revision includes a
UMTA may conduct research on this is-
§ 609.1 Purpose.
new requirement for buses and step-
sue, and, if possible, adopt future stand-
The purpose of this part is to establish
entry light rail vehicles that a system of
ards based on such research.
formally the requirements of the Urban
continuous passenger assists be provided
Waiver. Comments on the waiver sec-
Mass Transportation Administration
which will allow elderly and handicapped
tion fell generally into two distinct
(UMTA) on transportation for elderly
persons to make use of such assists
groupings. One group feared that the
and handicapped persons.
throughout the boarding and fare col-
waiver section would negate the positive
effect of the regulations and, therefore,
§ 609.3 Definitions.
lection process. The key element of this
wanted the waiver section deleted or
As used herein:
system would be a handrail or stanchion
reachable from outside the vehicle to aid
severely restricted. Because of possible
"Elderly and handicapped persons"
unforeseen consequences of particular
means those individuals who, by reason
elderly and handicapped passengers at
the boarding point. It is also required
provisions of these new regulations, we
of illness, injury, age, congenital mal-
that this system include a "leaning rail"
have retained the broad waiver ca-
function, or other permanent or tem-
adjacent to the farebox which a passen-
pability. However, we intend to make
porary incapacity or disability, including
ger can lean against to remain stable
very sparing use of the waiver provision,
those who are nonambulatory wheel-
while paying the fare. We find that pro-
as indicated by the standard in the reg-
chair-bound and those with semi-
ulation which provides that the waiver
ambulatory capabilities, are unable
viding such assists in proper locations is
must be "clearly necessary" and consist-
without special facilities or special plan-
very important in making vehicles more
accessible to elderly and handicapped
ent with the intent of the laws authoriz-
ning or design to utilize mass transporta-
ing this rule.
tion facilities and services as effectively
persons.
(6) Floor and step surfaces. We con-
The second group of comments argued
as persons who are not so affected.
tinue to require slip-resistant floors and
that the waiver provision was too strict
§ 609.5 Applicability.
step surfaces, and in addition we now
because of the requirement that the
require that all step edges have a band of
waiver request be presented at a public
(a) This part, which applies to proj-
bright contrasting color(s) running the
hearing. These comments recommended
ects approved by the Urban Mass Trans-
full width of the step. Most present floors
that the requirement of presentation at a
portation Administrator on or after May
public hearing be made optional at
31, 1976, applies to all planning, capital,
and step surfaces meet the slip-resistant
UMTA's discretion since the need for a
and operating assistance projects receiv-
requirement, and we have included the
waiver may not develop until after sub-
ing Federal financial assistance under
requirement primarily to emphasize the
mission of the project application and
sections 3, 5, or 9 of the Urban Mass
importance of slip-resistant surfaces as
safety factors for elderly and handi-
after the public hearing. As a result of
Transportation Act of 1964, as amended
this second group of comments we have
(49 U.S.C. 1602, 1604, or 1607a), and
capped persons.
(7) Lighting. The proposed regula-
indicated that submission at the hearing
nonhighway public mass transportation
is the norm, and that the UMTA Ad-
projects receiving Federal financial as-
tions' general interior illumination re-
quirement has been deleted because we
ministrator may require a new public
sistance under: (1) subsection (a) or (c)
find that, from a safety viewpoint, buses
hearing for discussion of the waiver re-
of section 142 of title 23, United States
being manufactured today provide satis-
quest if he finds that it is substantial.
Code; and (2) paragraph (4) of sub-
Finally, we have moved the waiver sec-
section (e) of section 103, title 23, United
factory general interior illumination.
tion to a more logical location after the
States Code. However, under certain cir-
However, we believe that lighting
positive requirements, and we have added
cumstances evident in sections 609.13
standards for stepwells and for street
surfaces outside vehicle doorways are ap-
a new sentence to reflect the need for the
through 609.21, the latter sections apply
propriate, and the final regulations con-
Administrator of General Services' ap-
to fixed facilities and vehicles included
tain such standards. The problem we
proval for any waiver of paragraph
in projects approved before May 31,
seek to correct is too little light, and thus
609.13(a).
1976. Sections in this part on capital
assistance applications, fixed facilities,
our lighting standards are minimums.
Accordingly, 49 CFR Chapter VI is
and vehicles apply expressly to capital
(8) Fare collection. The fare collection
amended by adding a new Part 609, to
assistance projects receiving Federal
requirement for buses has been rewritten
read as set forth below.
financial assistance under any of the
to emphasize that the farebox should be
Effective date. This part becomes effec-
above statutes.
located as far forward in the vestibule
tive on May 31, 1976.
of the bus as possible. Because of the
§ 609.7 Transportation planning in ur-
number of different fare payment meth-
Issued in Washington, D.C., on April
banized areas.
ods in use on existing light rail systems,
27, 1976.
General requirements for transporta-
we have not included any farebox loca-
ROBERT E. PATRICELLI,
tion planning in urbanized areas are
tion requirement for light rail vehicles.
Urban Mass Transportation
found in joint UMTA-Federal Highway
(9) Other proposed requirements. We
Administrator.
Administration regulations (23 CFR
have deleted the requirement for a pub-
Sec.
Part 450 and 49 CFR Part 613). These
lic address system because of our doubts
609.1
Purpose.
regulations require the urban transpor-
about our ability to require drivers to
609.3
Definitions.
tation planning process to include special
utilize such systems as well as uncertain-
609.5
Applicability.
efforts to plan public mass transporta-
ty about the wisdom of the requirement,
609.7
Transportation planning in urban-
tion facilities and services that can effec-
particularly for exterior public address
ized areas.
tively be utilized by elderly and handi-
systems. We have also changed the des-
609.9
Transportation planning in non-
capped persons. UMTA and FHWA have
tination and route sign provisions. We
urbanized areas.
609.11
added a supplementary statement on the
received a great number of comments re-
Applications for capital or operating
assistance.
special efforts requirement as an ap-
garding the sign provisions, especially
609.13
Fixed facilities.
pendix to the joint planning regulations.
regarding the appropriate size for sign
609.15
Buses.
Satisfactory special efforts in this area
characters. Most of the controversy con-
609.17
Rapid rail vehicles.
is an express condition (49 CFR 613.204)
FEDERAL REGISTER, VOL. 41, NO. 85-FRIDAY, APRIL 30, 1976
18240
RULES AND REGULATIONS
for UMTA project approvals required by
in color and texture from the remaining
23 CFR 450.320, and UMTA has added a
ramp), sufficient clearances to permit a
floor surface. The design of boarding
supplementary statement on that re-
wheelchair user to reach a securement
platforms for level-entry vehicles shall
quirement as an appendix to 49 CFR
location, and at least one wheelchair
be coordinated with the vehicle design
securement device.
Part 613.
in order to minimize the gap between
(c) Steps: The following standards are
§ 609.9 Transportation planning in non-
platform and vehicle doorway and to
effective with procurement solicitations
urbanized areas.
permit safe passage by wheelchair users
issued after [date reserved for later com-
and other elderly and handicapped per-
Before a capital assistance project can
pletion]: the vertical distance from a
sons.
be approved in a nonurbanized area, the
standard 6-inch curb to the first front
(c) The standards established in
local planning process must include spe-
door step shall not exceed 8 inches; the
paragraphs (a) and (b) of this section
cial efforts to plan public mass transpor-
riser height for each front door step after
do not apply to:
tation facilities and services that can
the first step up from the curb or street
(1) The design, construction, or al-
effectively be utilized by elderly and
level shall also not exceed 8 inches; and
teration of any portion of a fixed facility
handicapped persons.
the tread depth of steps at both front
which need not, because of its intended
and rear doors shall be no less than 12
§ 609.11 Applications for capital or op-
use, be made accessible to, or usable by,
inches.
erating assistance.
the public or by physically handicapped
(d) Priority seating signs: In order to
persons;
Applications for capital or operating
maximize the safety of elderly and
assistance shall include assurance(s)
(2) The alteration of an existing fixed
handicapped persons, each vehicle shall
and descriptive material on transporta-
facility to the extent that the alteration
contain clearly legible sign(s) which in-
tion for elderly and handicapped persons
does not involve the installation of, or
dicate that seats in the front of the ve-
in accordance with current application
work on, existing stairs, doors, elevators,
hicle are priority seats for elderly and
instructions.
toilets, entrances, drinking fountains,
handicapped persons, and which encour-
floors, telephone locations, curbs, park-
age other passengers to make such seats
§ 609.13 Fixed facilities.
ing areas, or any other facilities suscepti-
available to elderly and handicapped
(a) Except as otherwise provided in
ble of installation or improvements to
persons who wish to use them.
paragraph (c) of this section, every fixed
accommodate the physically handicapped
(e) Interior handrails and stanchions:
facility-including every station, termi-
(the standards do not apply to the un-
(1) Handrails and stanchions shall be
nal, building or other facility-designed,
altered portions or items of an existing
provided in the entranceway to the ve-
constructed, or altered on or after May
fixed facility)
hicle in a configuration which allows
31, 1976, with UMTA assistance, the in-
(3) The alteration of an existing fixed
elderly and handicapped persons to
tended use for which will require either
facility, or of such portions thereof, to
grasp such assists from outside the ve-
that such fixed facility be accessible to
which application of the standards is not
hicle while starting to board, and to con-
the public or may result in the employ-
structurally possible; and
tinue using such assists throughout the
ment therein of physically handicapped
(4) The construction or alteration of a
boarding and fare collection processes.
persons, shall be designed, constructed,
fixed facility for which a grantee has,
The configuration of the passenger assist
or altered in accordance with the mini-
prior to May 31, 1976, issued a formal
system shall include a rail across the
mum standards in the "American Stand-
invitation for bids to perform such con-
front of the interior of the vehicle which
ard Specifications for Making Building
struction or alteration.
shall serve both as an assist and as a bar-
and Facilities Accessible to, and Usable
(d) The final project application for
rier to reduce the possibility of passen-
by, the Physically Handicapped, Number
gers sustaining injuries on the fare col-
any project that includes the design,
A117.1-R 1971," approved by the Amer-
lection device or windshield in the event
construction, or alteration of a fixed fa-
ican Standards Association, Inc. (sub-
of sudden deceleration. The rail shall be
cility subject to paragraph (a) of this
sequently changed to American National
section shall contain one of the follow-
located to allow passengers to lean
Standards Institute, Inc.) (ANSI).
against it for security while paying fares.
ing: (1) an assurance that the stand-
(b) In addition to the ANSI stand-
(2) Overhead handrail(s) shall be pro-
ards of paragraph (a) of this section
ards of paragraph (a) of this section, the
vided which shall be continuous except
will be adhered to in the design, con-
following standards apply to rail facili-
for a gap at the rear doorway.
struction, or alteration of such facility;
ties covered by that paragraph:
(3) Handrails and stanchions shall be
(2) a request for a finding that the proj-
sufficient to permit safe on-board circu-
(1) Travel distance for wheelchair
ect is within one of the exceptions set
users: In designing new underground or
lation, seating and standing assistance,
out in paragraph (c) of this section (the
and unboarding by elderly and handi-
elevated transit stations, careful atten-
specific exception being identified), with
capped persons.
tion should be given to the location and
appropriate supporting material; or (3)
(f) Floor and step surfaces: (1) All
number of elevators or other vertical cir-
a request pursuant to section 609.25 for
floors and steps shall have slip-resistant
culation devices in order to minimize the
waiver of the standards of paragraphs
surfaces.
extra distance which wheelchair users
(a) and (b) of this section, with appro-
(2) All step edges shall have a band of
and other persons who cannot negotiate
priate supporting material.
bright contrasting color(s) running the
steps may have to travel compared to
§ 609.15 Buses.
full width of the step.
nonhandicapped persons.
(g) Lighting: (1) Any stepwell imme-
(2) International accessibility sym-
(a) The requirements of this section
diately adjacent to the driver shall have,
bol: The international accessibility sym-
apply to all new transit buses with a
when the door is open, at least 2 foot-
bol shall be displayed at wheelchair ac-
length exceeding 22 feet for which an
candles of illumination measured on the
cessible entrance(s) to buildings that
UMTA grantee issues, on or after May 31,
step tread.
meet the ANSI standards.
1976 (unless otherwise noted), a formal
(2) Other stepwells shall have, at all
(3) Fare vending and collection sys-
procurement solicitation containing ve-
times, at least 2 footcandles of illumina-
tems: Transit fare vending and collec-
hicle specifications approved by PMTA.
tion measured on the step tread.
tion systems shall be designed so as not
(b) Wheelchair accessibility option:
(3) The vehicle doorways shall have
to prevent effective utilization of the
Effective [date reserved for later com-
outside light(s) which provide at least 1
transportation system by elderly and
pletion], UMTA will concur in transit bus
footcandle of illumination on the street
handicapped persons. Each station shall
bid packages only if the technical speci-
surface for a distance of 3 feet from all
include a fare control area with at least
fications provide for a bus design which
points on the bottom step tread edge.
one entrance with a clear opening at
permits the addition of a wheelchair
Such light(s) shall be located below win-
least 32 inches wide when open.
accessibility option and if the bid docu-
dow level and shielded to protect the eyes
(4) Boarding platforms: All boarding
ments require an assurance from each
of entering and exiting passengers.
platform edges bordering a drop-off or
bidder that it offers a wheelchair acces-
(h) Fare collection: The farebox shall
other dangerous condition shall be
sibility option for its buses. The term
be located as far forward as practicable
marked with a warning device consist-
"wheelchair accessibility option" means
and shall not obstruct traffic in the ves-
ing of a strip of floor material differing
a level-change mechanism (e.g., lift or
tibule.
FEDERAL REGISTER, VOL. 41, NO. 85-FRIDAY, APRIL 30, 1976
RULES AND REGULATIONS
18241
(i) Destination and route signs: Each
openings at least 32 inches wide when
footcandle of illumination on the street
vehicle shall have illuminated signs on
open.
surface for a distance of 3 feet from all
the front and boarding side of the vehicle.
(2) The international accessibility
points on the bottom step tread edge.
§ 609.17 Rapid rail vehicles.
symbol shall be displayed on the ex-
Such lights shall be located below win-
terior of each vehicle operating on a
dow level and shielded to protect the
(a) The requirements of this section
wheelchair accessible light rail system.
eyes of entering and exiting passengers.
apply to all new rapid rail vehicles for
(3) Audible warning signals shall be
which an UMTA grantee issues, on or
§ 609.21 Other vehicles.
provided to alert elderly and handi-
after May 31, 1976, a formal procure-
capped persons of closing doors.
Requirements for vehicles not covered
ment solicitation containing vehicle
(4) The design of level-entry vehicles
by sections 609.15, 609.17, or 609.19 will
specifications approved by UMTA.
shall be coordinated with the boarding
be determined by UMTA on a case-by-
(b) Doorways: (1) Passenger door-
platform design in order to minimize the
case basis as part of the project approval
ways on vehicle sides shall have clear
gap between the vehicle doorway and
process.
openings at least 32 inches wide when
the platform and to permit safe passage
§ 609.23 Reduced fare.
open.
by wheelchair users and other elderly
Applicants for financial assistance
(2) The international accessibility
and handicapped persons.
under section 5 of the Urban Mass
symbol shall be displayed on the exterior
(c) Priority seating signs: In order to
of each vehicle operating on a wheelchair
Transportation Act of 1964, as amended
maximize the safety of elderly and hand-
(49 U.S.C. 1604), must, as a condition to
accessible rapid rail system.
icapped persons, each vehicle shall con-
(3) Audible warning signals shall be
receiving such assistance, give satisfac-
tain clearly legible sign(s) which indi-
tory assurances, in such manner and
provided to alert elderly and handicapped
cate that certain seats are prioriy seats
form as may be required by the Urban
persons of closing doors.
for elderly and handicapped persons,
Mass Transportation Administrator and
(4) Where the vehicle will operate in
and which encourage other passengers
in accordance with such terms and con-
a wheelchair accessible station, the de-
to make such seats available to elderly
ditions as the Urban Mass Transporta-
sign of vehicles shall be coordinated with
and handicapped persons who wish to
tion Administrator may prescribe, that
the boarding platform design in order to
use them.
the rates charged elderly and handi-
minimize the gap between the vehicle
(d) Interior handrails and stanchions:
capped persons during non-peak hours
doorway and the platform and to permit
(1) On vehicles which require use of
safe passage by wheelchair users and
for transportation utilizing or involving
steps in the boarding process, handrails
the facilities and equipment of the proj-
other elderly and handicapped persons.
and stanchions shall be provided in the
ect financed with assistance under this
(c) Priority seating signs: In order to
entranceway to the vehicle in a con-
section will not exceed one-half of the
maximize the safety of elderly and hand-
figuration which allows elderly and
rates generally applicable to other per-
icapped persons, each vehicle shall con-
handicapped persons to grasp such as-
sons at peak hours, whether the opera-
tain clearly legible sign(s) which indi-
sists from outside the vehicle while start-
tion of such facilities and equipment is
cate that certain seats are priority seats
ing to board, and to continue using such
by the applicant or is by another entity
for elderly and handicapped persons, and
assists throughout the boarding process.
under lease or otherwise.
which encourage other passengers to
(2) On level-entry vehicles, handrails,
make such seats available to elderly and
stanchions, and seats shall be located so
§ 609.25 Waiver.
handicapped persons who wish to use
as to allow a wheelchair user to enter
The requirements set forth in this
them.
the vehicle and position the wheelchair
part may be modified or waived on a
(d) Interior handrails and stanchions:
in a location which does not obstruct
case-by-case basis upon application to
(1) Handrails and stanchions shall be
the movement of other passengers.
the Urban Mass Transportation Admin-
sufficient to permit safe boarding, on-
(3) On all vehicles, handrails and
istrator if the Administrator determines
board circulation, seating and standing
stanchions shall be sufficient to permit
that such modification or waiver is
assistance, and unboarding by elderly
safe boarding, on-board circulation,
clearly necessary and is consistent with
and handicapped persons.
seating and standing assistance, and un-
the intent of the laws cited under "Au-
(2) Handrails, stanchions, and seats
boarding by elderly and handicapped
thority." However, a modification or
shall be located SO as to allow a wheel-
persons.
waiver of paragraph 609.13(a) for a
chair user to enter the vehicle and posi-
(e) Floor and step surfaces: (1) All
building covered by P.L. 90-480 will also
tion the wheelchair in a location which
floors and steps shall have slip-resistant
require the approval of the Administra-
does not obstruct the movement of other
surfaces.
tor of General Services. Any request for
passengers.
(2) Any step edges shall have a band
modification or waiver should be pre-
(e) Floor surfaces: All floors shall
of bright contrasting color(s) running
sented for comment at the public hear-
have slip-resistant surfaces.
the full width of the step.
ing required prior to submission of a
(f) Lighting in step-entry vehicles:
project application to UMTA. In the
§ 609.19 Light rail vehicles.
(1) Any stepwell immediately adjacent
event that the waiver is not presented at
(a) The requirements of this section
to the driver shall have, when the door
the hearing, the Urban Mass Transpor-
apply to all new light rail vehicles for
is open, at least 2 footcandles of illu-
tation Administrator may require a new
which an UMTA grantee issues, on or
mination measured on the step tread.
public hearing if he finds that the re-
after May 31, 1976, a formal procure-
(2) Other stepwells shall have, at all
quested waiver would have a substantial
ment solicitation containing vehicle
times, at least 2 footcandles of illumina-
effect on the accessibility of the facility
specifications approved by UMTA.
tion measured on the step tread.
or equipment to elderly and handi-
(b) Doorways: (1) Passenger door-
(3) The vehicle doorways shall have
capped persons.
ways on vehicle sides shall have clear
outside lights which provide at least 1
[FR Doc.76-12677 Filed 4-29-76;8:45 am]
FEDERAL REGISTER, VOL. 41, NO. 85-FRIDAY, APRIL 30, 1976
UNITED GOVERNMENT STATES
OFFICE OF THE
FEDERAL
THIS HANDY
MANUAL
NATIONAL AND ABCHIE
RECORDS Scavice
1975/1976
GENERAL SERVICE
ADMINIS
REFERENCE
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1975/1976 EDITION
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This official guidebook provides useful information about a wide variety
of programs and activities within the three branches of Government,
including:
Agency programs, functions, key officials, and a "Sources of In-
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A historical reference to Federal agencies and functions
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about the U.S. Government.
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WASHINGTON, D.C.
ARCHIVES
OF
Volume 40 . Number 39
THE UNITED NATIONAL
PART III
THE * 1934 STATES
DEPARTMENT OF
TRANSPORTATION
Urban Mass Transportation
Administration
ELDERLY AND
HANDICAPPED
TRANSPORTATION
SERVICES
Codification of Requirements
8314
PROPOSED RULES
DEPARTMENT OF
The total population that is elderly
transit operators, governmental agencies
TRANSPORTATION
or handicapped, with no double-count-
and manufacturers of transit equipment.
ing, was estimated at 26,506,000 in 1970.
First, every effort has been made to
Urban Mass Transportation Administration
Of this total, approximately 14.8 million
make it clear that the persons who are
49 CFR Part 609
persons live in urbanized areas. Unlike
special beneficiaries of the statutes man-
the elderly, the handicapped are widely
dating service to the elderly and handi-
[Docket No. 74-03, Notice 1]
dispersed throughout the population.
capped are members of the general pub-
ELDERLY AND HANDICAPPED
The latest information available indi-
lic and an important potential market for
cates that the number of able-bodied
transit service. Much of the terminology
TRANSPORTATION SERVICES
elderly and the number of handicapped
that the elderly and handicapped users
Codification of Requirements
(elderly and non-elderly) are approxi-
indicated that they found offensive has
The Urban Mass Transportation Ad-
mately equal. The majority of persons
been eliminated, and the regulation re-
ministration (UMTA) is considering is-
who are handicapped suffer from some
cast in the language of equipment fea-
suing regulations to codify existing re-
mobility limitation short of using
tures rather than characteristics of el-
quirements and establish new require-
crutches, wheelchairs or walkers (8,800,-
derly or handicapped users. The require-
ments related to transportation services
000), have visual impairments (1,970,-
ments for special attention to their spe-
for the elderly and the handicapped.
000), or have acute conditions (e.g.,
cific needs in planning and programming
Section 16(a) of the Urban Mass
broken legs) (490,000). There are esti-
have been retained because the govern-
Transportation Act of 1964, as amended,
mated to be 430,000 persons who use a
ing statutes require "special efforts" and
states that elderly and handicapped per-
wheelchair, 410,000 persons who use a
because of the need for administrative
sons have the same right as other persons
walker. and 330,000 deaf persons. (Unless
control.
to utilize mass transportation facilities
otherwise specified, all statistics are
Second, a number of the requirements
and services. This section further directs
drawn from the U.S. Department of
have been restated as performance rath-
that special efforts be made in the plan-
Transportation's 1973 study entitled
er than design standards, in response to
ning and design of mass transportation
"The Handicapped and Elderly Market
user, operator and manufacturer com-
for Urban Mass Transit.")
facilities and services to ensure the
ments indicating reservations with re-
Travel barriers. Not all of the elderly or
availability of transportation which can
spect to the wisdom, safety and useful-
be effectively utilized by elderly and
the handicapped experience significant
ness of some of the proposed rules and
handicapped persons. Section 165(b) of
mobility limitation. An affluent, able-
the fact that some of the features in-
bodied, elderly driver, for example, has
the Federal-Aid Highway Act of 1973, as
tended to confer a benefit on some handi-
transportation experiences and needs
amended, extends the mandate of section
capped users were viewed as creating a
quite different from that of either a han-
16 to mass transportation projects
potential hazard for other handicapped
dicapped nondriver of limited financial
funded under the Federal-aid highway
users. Mandatory arm rests, for example,
resources or an able-bodied poor elderly
programs of title 23, United States Code.
were deleted for this reason. The inclu-
person in an automobile-oriented area.
sion and specific design of many features
THE ELDERLY AND HANDICAPPED PUBLIC
To the degree to which the elderly and/
has therefore been left to local option,
Dimensions. At the time of the 1970
or handicapped have transportation dif-
with a requirement that the issues in-
Census there were 20,066,000 people in
ficulties, however, they tend to cluster
volved be discussed at the public hear-
the United States age 65 and over, of
around these areas: (1) Cost of obtain-
ings on the grant application.
whom 56 percent live in urbanized areas
ing service; (2) availability of service;
Third, the effective dates of the re-
(50,000 population). The per capita in-
and (3) physical demands made on pas-
quirements have been accelerated so that
come of the elderly tends to be above the
sengers by the design of transportation
the main body of the requirements will
level for persons under age 65, although
facilities and equipment. Section 5 of the
be effective either 30 days after final
the proportion of elderly below the pov-
Urban Mass Transportation Act of 1964,
publication of the regulations or within
erty threshhold is higher than that of
as amended, mandates a one-half fare or
the next fiscal year's funding cycle.
the population as a whole. Approxi-
less at non-peak hours for the elderly
Specific effective dates for accessibility
mately 7 million of the elderly, or just
and handicapped on mass transportation
requirements in the proposed regulation
over one-third, are handicapped to a de-
systems receiving UMTA operating as-
denote features that are beyond the pres-
gree such that the use of mass transpor-
sistance. UMTA is implementing the
ent state of the art or are now com-
tation services is difficult or impossible.
half-fare requirement through the grant
mercially unavailable and thus will re-
The aging are generally concentrated in
process. See 40 FR 2537.
quire product development, tooling or
older neighborhoods of cities, in special
This proposed rule deals primarily with
retooling.
retirement developments or communi-
the service and hardware aspects of the
Planning. The elderly and handicapped
ties, and in regions with warm climates.
public transportation for the elderly and
form an important segment of the po-
Like most of the general population, the
the handicapped. First, this proposed
tential market for mass transportation
elderly make the overwhelming majority
rule would require local transportation
services. Very little is known, however,
of trips by car, as either drivers or pas-
planners and operating officials to iden-
about their actual mobility requirements
sengers. On the other hand, there are
tify the travel requirements of elderly
and options, which will vary depending
large segments of the elderly population
and handicapped persons and to develop
on their income, degree of personal inde-
that are either rural or urban poor, and
specific plans and programs to meet these
pendence, proximity to existing transit,
a large number that do not have access
requirements. It would further condition
access to automobiles, attitude towards
to-private transportation.
the approval of grants for capital assist-
public transportation and/or special
Roughly, 6,340,000 persons under the
ance on the development and implemen-
services and a variety of other highly
age of 65 suffered from handicaps that
tation of such plans and programs.
individual factors. Because of these in-
would cause them difficulties in using
Second, the proposed regulations would
dividual factors, it may be fallacious to
mass transit systems. taking into account
prescribe design standards for mass
use perceived mobility need as a surro-
non-institutionalized handicapped per-
transportation equipment and facilities
gate for estimates of potential transit
sons with chronic visual and hearing im-
in order to diminish the impediments to
use. The purpose of the planning require-
pairments, those using mobility aids such
their use by persons with physical
ment in this proposed regulations is to
as walkers, wheelchairs, crutches and
impairments.
ensure that careful thought and study is
canes, and those with other special mo-
The proposed rule. Persons who had
given to the issue at the local level in
bility limitations, aids and acute condi-
the opportunity to review and comment
tions. Together with the one-third of the
on the original draft proposed rule that
view of the great variety among urban
was discussed at public meetings in No-
areas and the varying stages of develop-
elderly who also suffer from handicaps,
ment of transit service within those
vember 1974 will notice several substan-
the total estimate of the transit-
tial changes that have been made in
areas.
dysfunctional handicapped is 13,370,000
response to comments from elderly and
Subpart B requires the immediat
as of the 1970 Census.
handicapped groups, transit planners,
commencement of unified planning work
FEDERAL REGISTER, VOL. 40, NO. 39-WEDNESDAY, FEBRUARY 26, 1975
PROPOSED RULES
8315
program elements leading to the de-
sonal mobility and independence such
welcomes comment on an appropriate ef-
velopment of a regional plan for meet-
that their use of public transportation,
fective date for this requirement.
ing the transportation needs of elderly
were accessibility features provided,
Some transit modes-e.g., buses, light
and handicapped persons. UMTA grant-
would be a reasonable expectation. As
rail, commuter rail-operate at grade,
ees of planning assistance have already
indicated earlier in this preamble,
typically in the stream of ordinary street
been instructed to be prepared to meet
roughly half of the population specifi-
traffic, and require the passenger to step
this requirement beginning with the
cally benefitted by these rules consists of
up into the vehicle from the street or
1975-76 planning cycle. Effective Octo-
the essentially able-bodied elderly, who
curb. The design of these vehicles as-
ber 1, 1976, the five-year transportation
tend to suffer to some degree from the
sumes that the prospective passenger can
improvement programs and plans (which
ailments statistically correlated with
make such a change in level unassisted,
are a precondition to the ręceipt of
aging-visual impairment, hearing im-
and with sufficient speed and dexterity to
UMTA capital assistance) must include
pairment, general physical weakness and
allow for a more or less steady flow of
an element designed to analyze and meet
personal insecurity. In a substantial
passengers making similar movements on
the transportation needs of elderly and
number of the elderly, these difficulties
and off the vehicle. The current genera-
handicapped persons. The annual ele-
have progressed to the point where they
tion of bus and trolley standard transit
ment of the program will be reviewed by
may pose a hindrance if not an absolute
equipment does not contemplate a
obstacle to transit use. Many of the pro-
mechanical device to assist passengers
the Urban Mass Transportation Admin-
posed regulations are intended to pro-
in changing levels. Although there are
istrator.
vide interior design features that will
some such devices in use on equipment
Capital assistance. The capital assist-
make transit use easier for these users
designed especially for service to the
ance application procedures of Subpart
C are designed to ensure that the pro-
by easing the physical demands that the
handicapped, there is no device presently
grams planned under Subpart B will be
vehicle makes on the passenger. All
developed and proven reliable for use in
implemented. Prior to October 1, 1976,
transit vehicles purchased with funds
a standard forty-foot urban transit bus
each capital grant application must in-
from grants made after the effective date
or light rail vehicle. The proposed reg-
corporate assurances that the planning
of these regulations will therefore be re-
ulations would therefore require the
is under development and that the other
quired to have padded interior handrails
development of a new stairwell on these
requirements of this part are being met.
and stanchions, slip-resistant floor sur-
vehicles with an initial step height from
After October 1, 1976, the capital grant
faces, priority seating arrangements, im-
the ground of no more than 8 inches
application must either incorporate
proved interior lighting. vehicle destina-
(the current bus requires the passenger
specific requests for funding parts of
tion signs that are designed and located
to step up 15 inches), and tread depth
the program required by Subpart B or
for maximum visibility, public address
of at least 10 inches. We invite comment
must indicate when such requests will
systems, barrier-free fare collection ar-
on an appropriate implementation date
be forthcoming. Since the program itself
rangements, improved door control me-
for this requirement, which should be of
chanisms and an additional retractable
will be available to UMTA representa-
great assistance to the entire class of
tives through the unified work program,
lower step to minimize passenger dif-
elderly and handicapped users as well as
it will not be necessary to include it in
ficulty in entering the vehicle. Some of
the able-bodied members of the general
every capital grant application. The
this equipment is not currently available
public. The interior of the vehicles will
specific design of accessibility features
commercially. UMTA welcomes comment
be subject to the design standards of
that are left to local option must be dis-
in particular on the appropriate effec-
$ 609.19.
cussed at the public hearing on the
tive dates for redesigned door control
A major UMTA research and develop-
capital grant application.
mechanisms. retractable lower steps and
ment effort to design a new generation
destination signs in view of the product
of transit equipment may be on the verge
1. Fixed facilities. Section 609.15 re-
development process that would be re-
quires that stations, terminals, build-
of providing a solution to the level-
quired. UMTA would also welcome com-
ings or other facilities designed. con-
changing problem on at-grade vehicles.
ment on the effect of these requirements
structed or altered after the effective
The three Transbus prototypes, currently
on current commuter rail technology.
date of these regulations will be con-
undergoing operational demonstrations
The regulations differentiate between
trolled by the minimum standards con-
in major urban centers, are each
vehicle types for reasons that are partly
tained in the "American Standard Spec-
equipped=with- level-changing-devices-
technological. partly practical. The re-
ifications for Making Buildings and
ramps in the case of the Rohr and AM
Facilities Accessible to, and Usable by,
quirements for step-entry vehicles are
General models, a lift in the case of the
made applicable to vehicles of a length
the Physically Handicapped, Number
GM model. Most importantly from the
in excess of 22 feet, which includes both
A117.1-1961," the so-called ANSI stand-
point of view of the great majority of
full-sized standard transit vehicles and
ards. The definitions, waiver and excep-
elderly and handicapped users who can
minibuses but not small specialized vans
tion provisions of this section are con-
negotiate steps but who find the steps
sistent with those adopted by the Gen-
for which many of the requirements are
on the current bus uncomfortably steep,
eral Services Administration. These
inappropriate.
the Transbus will have a lower floor and
standards will apply not only to facilities
The regulations further differentiate
a two-step rather than three-step entry.
intended for use by the public but also
between vehicles that do not require a
The Urban Mass Transportation Ad-
to other buildings in which handicapped
passenger to make an unassisted level
ministrator has recently issued a policy
persons may be employed as a result of
change in boarding the vehicle and those
statement on Transbus which indicates
the inclusion of accessibility features.
that do so require. Rapid rail facilities
that UMTA will develop a performance
In addition to the ANSI standards,
and other grade-separated systems such
specification based on the prototypes,
UMTA is proposing standards with
as personal rapid transit, for example,
and that if no unforeseen problems de-
respect to features that are unique to
are built so that the passenger platform
velop the performance specification will
transit facilities: passenger pick-up and
is at the same approximate height as the
require a low-floor bus plus a ramp or
drop-off facilities ("kiss and ride"), fare
entrance to the vehicle. making it pos-
lift device to accommodate wheelchair
collection systems. passenger informa-
sible for a passenger to roll or walk into
users. UMTA is currently exploring the
tion systems. and boarding platforms. All
the car. UMTA proposes to require in
development of such a device for future
of these requirements are designed to be
$ 609.17 that all such vehicles and their
inclusion on the new generation of light
consistent with the ANSI standards. and
related facilities should be accessible to
rail vehicles developed also under its
are within the existing technical state
passengers in wheelchairs. that the inter-
R&D program. Interior design features
of the art.
face between the vehicle and the plat-
intended to facilitate use of the equip-
form should be as close as is technologi-
2. Transit Vehicles. The premise of
ment by elderly and handicapped pas-
cally feasible in order to facilitate ac-
this proposed regulation is that stand-
sengers will of course also be required.
cess, and that the interior of the vehicle
ard transit equipment designed to serve
The completion of Transbus prototype
should be designed to accommodate and
the general public ought to be made
testing is currently scheduled for August
secure the wheelchair. No proven wheel-
physically accessible to the maximum
1975; the performance specification will
extent feasible to elderly and handi-
chair securement device is available
be developed concurrently, and the first
capped users who have a level of per-
commercially at the present time; UMTA
of the new buses should be in revenue
FEDERAL REGISTER, VOL. 40, NO. 39-WEDNESDAY, FEBRUARY 26, 1975
8316
PROPOSED RULES
service by late 1977 or early 1978. The
comments that suggest specific ways in
advance of the hearing by notifying
UMTA decision to proceed with a per-
which the regulations may be improved.
UMTA of the date, city, session (daytime
formance specification rather than a
Interested parties are invited to partici-
or evening), and amount of time re-
detailed design specification has accel-
pate in the making of the rule by sub-
quested. Such requests for advance reg-
erated significantly the anticipated avail-
mitting to UMTA such written data,
istration must be made by mail to the
ability of the Transbus.
views, or arguments as they may desire.
Office of the Chief Counsel, Docket 74-03
In addition to this effort, UMTA has
Communications should identify the
(see address above).
also recently announced the award of
regulatory docket (No. 74-03) and be
If a very large number of persons re-
a study contract to determine the opti-
submitted to the following address: Ur-
quest an opportunity to speak at a given
mum specific characteristics of a small
ban Mass Transportation Administra-
hearing, UMTA reserves the right to re-
bus used in transit service. The study
tion, Office of the Chief Counsel, Docket
strict the length of time allowed for each
will focus special attention on the con-
No. 74-03, Room 3320, 400 7th Street
oral statement in order to give the maxi-
tribution that such vehicles can make
SW., Washington, D.C. 20590. All written
mum number of persons the opportunity
toward meeting the needs of the elderly
communications received on or before
to be heard.
and handicapped persons.
April 30, 1975, will be considered by the
This amendment to title 49, Code of
Contacts with parties prior to notice.
Urban Mass Transportation Adminis-
Federal Regulations, is proposed under
UMTA issued a notice of meeting in the
trator before action is taken on the pro-
the authority of sections 5 and 16, Urban
November 12, 1974 FEDERAL REGISTER, in-
posed rule. The proposed rule contained
Mass Transportation Act of 1964, as
viting interested parties to review and
in this notice may be changed as a result
amended (49 U.S.C. §§ 1604, 1612) sec-
comment on a tentative draft regulation
of comments received. All comments
tion 165(b), Federal-Aid Highway Act of
at informal hearings held November 25,
submitted will be available, both before
1973, as amended (23 U.S.C. § 142nt.)
26, and 27 at the U.S. Department of
and after the closing date for comment
section 504, Rehabilitation Act of 1973
Transportation headquarters in Wash-
in the Office of the Chief Counsel for
(29 U.S.C. § 794) and 49 CFR $ 1.50. Sec-
ington, D.C. The hearings were held in
examination by interested parties.
tion 315 of the Department of Transpor-
order to solicit constructive comments
from elderly and handicapped persons,
In order to increase the opportunity
tation and Related Agencies Appropria-
for comments which can be used to eval-
tions Bill of 1975, although not part of
operators of mass transportation sys-
tems, and manufacturers of mass transit
uate and improve the proposed rule,
UHTA's permanent and substantive stat-
UMTA will hold six public hearings dur-
utory authority, provides an additional
equipment prior to UMTA's formulation
ing the public comment period. The
basis for these regulations.
of the proposed rule.
Statements made at these hearings by
hearings will be held on the following
In consideration of the foregoing, it is
schedule in the indicated cities:
proposed to amend chapter VI of title
representatives of elderly and handi-
49 of the Code of Federal Regulations
capped users favored all measures that
Monday, April 7, 1975-Los Angeles, Cali-
would eliminate physical barriers to
fornia
by adding a new part 609 as set forth
mass transportation systems, particu-
Wednesday, April 9, 1975-Denver. Colorado
below.
larly for the wheelchair user. The con-
Friday, April 11, 1975-Chicago, Illinois
Issued on February 21, 1975.
Tuesday, April 15, 1975-St. Petersburg, Flor-
cept of a totally separate transporta-
ida
FRANK C. HERRINGER,
tion system for the elderly and handi-
Thursday, April 17, 1975-Boston, Massa-
Urban Mass Transportation
capped in lieu of accessibility features
chusetts
Administrator.
on standard equipment was opposed by
Tuesday, April 22, 1975-Washington, D.C.
these representatives because they felt
PART 609-ELDERLY AND HANDICAPPED
Exact locations will be published in
that such a system would segregate the
the FEDERAL REGISTER no later than
Subpart A-General
users from the rest of the public and
Sec.
March 7, 1975, and also in local daily
could obviate efforts directed toward full
609.1
Purpose.
newspapers at least 30 days before the
609.3
accessibility.
Definitions.
hearing and again within 10 days before
609.5
Representatives of the transit opera-
Applicability.
the hearing. Each hearing will have a
609.7
Waiver.
tors emphasized the need for flexibility
daytime session beginning at 9:30 a.m.
at the local level in determining the
Subpart B-Requirements for Transportation
and an evening session beginning at 7:30
Planning
appropriate service for the elderly and
p.m.
609.9
handicapped public within each urban-
Transportation planning in urban-
The hearings will be informal in na-
ized areas.
ized area. The specific suggestions of
ture and will be conducted by a senior
609.11 Transportation planning in nonur-
the transit operators were submitted to
UMTA official representing the Adminis-
banized areas.
UMTA on December 20, 1974 by the
trator. At each hearing an UMTA spokes-
Subpart C-Requirements for Capital Assistance
American Public Transit Association in
man will make a brief opening state-
Projects
the form of a completely re-drafted
ment. Since the hearings will not be of
609.13
Applications for capital assistance.
proposed regulation.
the evidentiary or judicial type, there
609.15
Fixed facilities.
The manufacturers who attended
will be no cross-examination of those
609.17
Level-entry vehicles.
these preliminary hearings stressed the
609.19
persons presenting statements. However,
Step-entry vehicles.
need for performance standards rather
interested persons wishing to make re-
Subpart D-Requirements for Formula
than design specifications to permit
buttal statements may do so in the same
Apportionment Projects
maximum flexibility and creativity in
order as the initial statements were
609.21 Capital projects receiving formula
producing equipment modifications for
made.
assistance.
elderly and handicapped persons. Most
609.23 Reduced fare.
All interested persons are invited to
representatives were optimistic about be-
attend the hearings, and each such per-
AUTHORITY: Sec. 5 and 16, Urban Mass
ing able to produce the necessary hard-
son is invited to present oral or written
Transportation Act of 1964, as amended (49
ware to satisfy the transportation needs
statements concerning the proposed rule
U.S.C. 1604, 1612); sec. 165(b). Federal-Aid
of the elderly and handicapped, assum-
Highway Act of 1973, as amended (23 U.S.C.
at one of the hearings. Persons making
ing adequate lead-time for designing
142nt.): section 504, Rehabilitation Act of
oral statements are strongly encouraged
1973 (29 U.S.C. 794); 49 CFR 1.50.
new equipment and re-tooling produc-
to submit the substance of their remarks
tion lines.
in written form either at the hearing or
Subpart A-General
The opinions and suggestions pre-
by mail to the Office of the Chief Coun-
§ 609.1 Purpose.
sented at the hearings and submitted to
sel, Docket No. 74-03 (see address above)
UMTA in the subsequent comment pe-
in time to arrive on or before April 30,
The purpose of this part is to estab-
riod have been carefully considered in
1975.
lish formally the requirements of the
the vision of this proposed regulation.
The sequence of speakers at each hear-
Urban Mass Transportation Adminis-
Public comments and regional public
ing will be based on the order of regis-
tration (UMTA) on the subject of trans-
hearings. UMTA welcomes comments on
tration. Persons who wish to ensure an
portation services for elderly and handi-
the proposed rule, particularly written
opportunity to speak should register in
capped persons.
FEDERAL REGISTER, VOL. 40, NO. 39-WEDNESDAY, FEBRUARY 26, 1975
PROPOSED RULES
8317
§ 609.3 Definitions.
Subpart B-Requirements for
§ 609.11 Transportation planning in
As used herein:
Transportation Planning
nonurbanized areas.
"Elderly person" means any individual
§ 609.9 Transportation planning in ur-
Effective October 1, 1976, in nonurban-
age 65 or over.
banized areas.
ized areas planning equivalent to that re-
"Handicapped person" means any in-
(a) The requirements in this section
quired by § 609.9 must be accomplished
dividual who, by reason of illness, in-
apply to transit planning for all urban-
on an appropriate scale before a capital
jury, age, congenital malfunction, or
ized areas. General requirements for
assistance project can be approved for
other permanent or temporary incapac-
transportation planning in urbanized
thatarea.
ity or disability, including those who are
nonambulatory wheelchair-bound and
areas have been published in a joint Fed-
Subpart C-Requirements for Capital
eral Highway Administration-UMTA
those with semiambulatory capabilities,
Assistance Projects
is unable without special facilities or
notice of proposed rulemaking at 39 FR
39660.
§ 609.13
Applications for capital assist-
special planning or design to utilize mass
transportation facilities and services as
(b) All unified work programs for
ance.
effectively as persons who are not so af-
planning which include funding requests
(a) Before October 1, 1976, each ap-
fected.
for UMTA planning assistance shall in-
plication for capital assistance shall pro-
clude work items for the metropolitan
vide an assurance that:
"Level-entry vehicle" means any vehi-
cle which does not require the passenger
planning organization with the partici-
(1) A definite plan and program for
to negotiate a step or steps, or to use a
pation of public transportation agencies
meeting the transportation needs of the
level-change mechanism such as a lift or
of the region, sufficient to develop or
elderly and handicapped persons is un-
ramp, in order to board and exit.
maintain a regional plan and program
der development or completed pursuant
for meeting the transportation needs of
to §§ 609.9 and 609.11.
"Step-entry vehicle" means any vehicle
elderly and handicapped persons. The re-
(2) All valid alternatives for meeting
which requires the passenger to negoti-
gional implementation plan and sched-
the transportation needs of elderly and
ate a step or steps, or to use a level-
ule shall provide for an annual review
handicapped persons have been or will be
change mechanism such as a lift or
of unmet needs by representatives of
evaluated in the development of the plan
ramp, in order to board and exit.
health, welfare, comprehensive planning.
and program.
§ 609.5 Applicability.
and transportation agencies of the
(3) The provisions in the project for
(a) This part, which applies only to
region.
elderly and handicapped persons, and
projects approved by the Urban Mass
(c) Transportation improvement pro-
the relationship of this project to the
Transportation Administrator after the
grams and transportation plans submit-
plan and program required by §§ 609.9
part's effective date, applies to all tran-
ted to UMTA on or after October 1, 1976,
and 609.11, have been explained at the
sit planning, capital assistance, and op-
shall include an element designed to
public hearing required during the ap-
erating assistance projects receiving Fed-
meet the transportation needs of elderly
plication process. When the application
and handicapped persons. At a mini-
involves new rolling stock, details on the
eral financial assistance under sections
3, 5, or 9 of the Urban Mass Transporta-
mum this element of these programs and
features of that equipment, including
tion Act of 1964, as amended (49 U.S.C.
plans shall include:
stanchion and handrail configurations,
1602, 1604, or 1607a), and all projects
(1) An identification of the elderly
fare collection equipment, and priority
receiving Federal financial assistance
and handicapped persons within the ur-
seating arrangements that particularly
under (1) subsection (a) or (c) of sec-
banized area, their location in relation
serve elderly and handicapped persons
tion 142 of title 23, United States Code,
to regular route transit services, and the
shall be presented at the public hearing.
type and approximate number of trips
Persons desiring to comment on that ex-
(2) paragraph (4) of subsection (e) of
section 103, title 23, United States Code,
projected to be taken on public trans-
planation at the public hearing must be
and (3) section 147 of the Federal-Aid
portation (purpose, time of day, origins
heard. Evidence of the applicant's re-
Highway Act of 1973, as amended. Sub-
and destinations);
sponse to such comments shall be in-
(2) A description of the public and
cluded in the application.
part C (Requirements for Capital As-
private resources presently devoted to
(4) All facilities and equipment con-
sistance Projects) expressly applies to
meeting the transportation needs of the
tained in the project will meet the appli-
capital assistance projects receiving Fed-
eral assistance under any of the
elderly and handicapped persons in the
cable requirements of this part.
above statutes.
urbanized area;
(b) After October 1, 1976, each appli-
cation for capital assistance shall provide
(b) Unless otherwise noted. this part
(3) A description of the public and
an assurance that:
is effective 30 days after publication of
private transportation services currently
(1) A definite plan and program for
the final regulation in the FEDERAL REG-
in the urbanized area and the degree to
meeting the transportation needs of the
ISTER. Where a requirement in this part
which they contribute to meeting the
elderly and handicapped has been devel-
includes a specific effective date, such re-
transportation needs of elderly and
oped pursuant to §§ 609.9 and 609.11.
quirement applies to facilities and equip-
handicapped persons; and, if all the pub-
(2) All valid alternatives have been
ment in projects approved by the Urban
lic transportation needs of elderly and
evaluated in the development of the pro-
Mass Transportation Administrator after
handicapped persons are not being met
posed plan and program;
such effective date.
by those services, an explanation of the
(3) The application requests funding
§ 609.7 Waiver.
nature of and reasons for the deficiency.
for those projects or items accorded cur-
(4) A range of alternative service im-
rent implementation priority under the
The requirements set forth in this part
provements for meeting the transporta-
plan and program required by §§ 609.9
may be modified or waived on a case-by-
tion needs of elderly and handicapped
and 609.11. If the application does not in-
case basis upon application to the Urban
persons, and the justification for select-
Mass Transportation Administrator if
clude all such projects or items, the ap-
ing a specific alternative from among
plication must include a justification sat-
the Administrator determines that such
those available. The selected alternative
isfactory to the Urban Mass Transporta-
waiver or modification is clearly neces-
may draw on more than one method of
tion Administrator and a proposed sched-
sary and is consistent with the intent
service improvement.
ule for submission of appropriate appli-
of the laws cited under "Authority." Any
request for waiver of any provision of
(d) The elderly and handicapped por-
cations.
these regulations must be presented for
tion of the annual element of the trans-
(4) The provisions in the project for
comment at the public hearing required
portation improvement program is sub-
elderly and handicapped persons, and
the relationship of this project to the
prior to submission of a project applica-
ject to the approval of the Urban Mass
plan and program required by §§ 609.9
tion to UMTA.
Transportation Administrator.
and 609.11, have been explained at the
FEDERAL REGISTER, VOL. 40, NO. 39-WEDNESDAY, FEBRUARY 26, 1975
8318
PROPOSED RULES
public hearing required during the ap-
tion, or alteration of such facility; (2)
object in the doorway, and prevent door
plication process. When the application
a request for a finding that the project
opening when the vehicle is in motion.
involves new rolling stock, details on the
is within one of the exceptions set out in
Warning signals shall be provided to
features of that equipment, including
paragraph (b) of this section, with ap-
alert elderly and handicapped passen-
stanchion and handrail configurations,
propriate supporting material; or (3) a
gers of closing doors.
fare collection equipment, and priority
request for waiver of the standards of
(2) The design of level-entry vehicles
seating arrangements that particularly
paragraph (a) of this section. In any
shall be coordinated with the boarding
serve elderly and handicapped persons
case in which a waiver or exception is
platform design in order that the differ-
shall be presented at the public hearing.
requested, the grounds therefor shall be
ence in elevation between platform and
Persons desiring to comment on that ex-
presented and discussed at the public
vehicle doorway not exceed 1.5 inches
planation at the public hearing must be
hearing on the proposed project; any
and the horizontal gap between plat-
heard. Evidence of the applicant's re-
person seeking to comment thereon shall
form and doorway not exceed 2 inches.
sponse to such comments shall be in-
be heard and his comments responded
(c) Priority seating signs: Each ve-
cluded in the application.
to on the record of the public hearing.
hicle shall contain clearly legible sign(s)
(5) All facilities and equipment con-
(d) In addition to the ANSI stand-
which mark specific seats to be made
tained in the project will meet the ap-
ards of paragraph (a) of this section. the
available to elderly and handicapped
plicable requirement of this part.
following standards apply to fixed facil-
persons when they are present. The pro-
ities covered by that paragraph.
posed location of the signs and seats shall
§ 609.15 Fixed facilities.
(1) Passenger pick-up and drop-off
be presented at the hearing required by
(a) Except as otherwise provided in
facilities: Stations with automobile pas-
§ 609.13(b) (4).
paragraph (b) of this section, every
senger pick-up and drop-off facilities
(d) Wheelchair securement devices
fixed facility-including every station,
shall provide at least one stopping area
and travel clearance: (1) Effective Jan-
terminal, building, or other facility-
identified for the use of handicapped
uary 1, 1976, at least one wheelchair
designed, constructed, or altered after
persons. This stopping area shall have
securement device shall be provided in-
the effective date of this part, which
minimum dimensions of 12 feet wide and
side the vehicle, as near as possible to
either will require that such fixed facility
22 feet long, and shall be located as near
the entrance(s) accessible to handi-
be accessible to the public or may result
as possible to the station entrance(s) and
capped persons. The device(s) shall be
in the employment therein of physically
exit(s) accessible to handicapped per-
located so that the secured wheelchair
handicapped persons, shall be designed.
sons.
does not impede the mobility of the non-
constructed, or altered in accordance
(2) Fare collection systems: The fare
handicapped passenger.
with (1) the minimum standards con-
vending system shall be designed so as
(2) Sufficient travel clearance shall be
tained in the "American Standard Spec-
not to prevent effective utilization of the
provided to enable the wheelchair user
ifications for Making Buildings and
transportation system by passengers with
to reach the securement position with
Facilities Accessible to, and Usable by.
physical impairments. Each fare control
minimal movements and manipulation
the Physically Handicapped, Number
area shall include at-least one entrance
of the wheelchair.
A117:1-1961,-approved by the Ameri-
with a clear opening of at least 36 inches
(3) The securement device shall be
can Standards Association, Inc. (subse-
when open for the use of persons who use
operable by the wheelchair user and shall
quently changed to American National
mobility aids.
be attached to the vehicle structure with
Standards Institute, Inc.) [ANSI], and
(3) Information systems: Passenger
integrity comparable to that of seat
(2) the additional standards of para-
waiting and boarding areas in major, en-
mounting.
graph (d) of this section.
closed stations shall have both public
(4) The wheelchair securement device
(b) The standards established in par-
address and visual announcement sys-
is not required for a level-entry vehicle
agraph (a) of this section do not apply
tems for announcing transit information,
which is operated on a system which has
to:
including vehicle arrival, departure, des-
fewer than two wheelchair-accessible
(1) The design, construction, or alter-
tination, and route designation.
stations.
ation of any portion of a fixed facility
(4) Boarding platforms: All boarding
(e) Interior handrails and stanchions:
which need not, because of its intended
platform edges bordering a drop-off or
Padded handrails and stanchions shall
use, be made accessible to, or usable by,
other dangerous condition shall be
be sufficient to permit safe boarding, on-
the public or by physically handicapped
marked with-a-warning device consisting-
board circulation; seating assistance, and
persons;
of a strip of floor material differing in
unboarding by passengers with physical
(2) The alteration of an existing fixed
color and texture from the remaining-
impairments.
facility if the alteration does not involve
floor surface. The design of boarding
(f) Floor surface: All floors shall have
the installation of, or work on, existing
platforms for level-entry vehicles-shall-
slip-resistant surfaces.
stairs, doors, elevators, toilets, entrances.
be coordinated with the vehicle design
(g) Lighting: The interior of the ve-
drinking fountains. floors, telephone lo-
in order that the difference in elevation
hicle shall average between 15 and 30
cations, curbs, parking areas, or any other
between platform and vehicle doorway
footcandles of illumination measured at
facilities susceptible of installation or
not exceed 1.5 inches and the horizontal
36 inches above the floor, except that
improvements to accommodate the
gap between platform and vehicle door-
when the vehicle has an open operator's
physically handicapped;
way not exceed 2 inches.
position, the level of illumination shall
(3) The alteration of an existing fixed
not exceed 8 footcandles.
facility, or of such portions thercof, to
§ 609.17 Level-entry vehicles.
(h) Public address system: Vehicles
which application of the standards is
(a) New level-entry vehicles shall be
shall be equipped with a public address
not structurally possible; and
accessible to elderly and handicapped
system audible throughout the vehicle.
(4) The construction or alteration of a
persons and shall conform to the stand-
(i) Destination and route signs: (1)
fixed facility for which bids have al-
ards of this section.
This paragraph is effective January 1,
ready been solicited or plans and specifi-
(b) Entrances and exits: (1) Vehicle
1976.
cations have been completed or substan-
entrances and exits shall have a clear
(2) Each vehicle or train shall-have a
tially completed after the effective date
opening of at least 36 inches. If the en-
sign on the front of the vehicle or train
of this part.
tire system is not fully accessible,
exterior. The sign shall include the route
(c) The final project application for
entrances and exits to fully acces-
designation or destination or both in
any project that includes the design,
sible vehicles shall be identified on
characters 6 inches high.
construction, or alteration of a fixed
the vehicle exterior as accessible to
(3) Each vehicle or train shall have
facility subject to paragraph (a) of this
handicapped persons. Vehicle doors
a sign on the boarding side of the vehi-
section shall contain one of the follow-
shall open automatically and shall
cle or train exterior. This sign shall in-
ing: (1) An assurance that the stand-
be equipped with devices which prevent
clude the route designation or destina-
ards of paragraph (a) of this section will
vehicle motion when the door is open,
tion or both in characters at least 4
be adhered to in the design, construc-
prevent door closure on any person or
inches high.
FEDERAL REGISTER, VOL. 40, NO. 39-WEDNESDAY, FEBRUARY 26, 1975
PROPOSED RULES
8319
§ 609.19 Step-entry vehicles.
(f) Floor and step surfaces: All floors
(4) Illuminated signs shall be free of
(a) The requirements of this section
and steps shall have slip-resistant sur-
extraneous light.
apply to all new step-entry vehicles with
faces.
(g) Lighting: (1) The interior of the
Subpart D-Requirements for Formula
a length of at least 22 feet.
(b) Entrances and exits: (1) Vehicles
vehicle shall average between 15 and 30
Apportionment Projects
shall be equipped with device(s) which
footcandles of illumination measured at
§ 609.21 Capital projects receiving for-
prevent vehicle motion when the door is
361 inches above the floor. except in the
mula assistance.
open, prevent door closure on any per-
immediate vicinity of the vehicle opera-
tor's position where the level of illumina-
Sections 609.15 through 609.21 apply
son or object in the doorway, and pre-
tion shall not exceed 8 footcandles.
to all construction and other capital as-
vent door opening when the vehicle is in
(2) Stairwells shall have between 2 and
sistance projects receiving Federal fi-
motion.
(2) Effective January 1, 1976, the maxi-
5 footcandles of illumination measured
nancial assistance under section 5 of the
mum height of each step from street
on the step tread:
Urban Mass Transportation Act of 1964,
level to vehicle floor level shall be uni-
(3) The vehicle shall have light(s)
as amended (49 U.S.C. 1604).
form and no more than 8 inches; the
which provide 2 to 5 footcandles of illu-
$ 609.23 Reduced fare.
depth of tread of each step shall be uni-
mination measured on the road, side-
walk. or platform 2 feet away from the
Applicants for Federal financial assist-
form and at least 10 inches. The step sur-
vehicle's entrance and exit in a horizontal
ance under section 5 of the Urban Mass
faces of retractable steps shall be de-
direction.
Transportation Act of 1964, as amended
signed to resist the collection of snow,
(h) Public address system: Vehicles
(49 U.S.C. 1604), must, as a condition to
slush, and dirt.
(c) Fare collection: Vehicle fare col-
shall be equipped with public address
receiving such assistance, give satisfac-
systems audible inside and outside the
tory assurances, in such manner and
lection arrangements shall be designed so
as not to prevent effective utilization of
vehicle.
form as may be required by the Urban
Mass Transportation Administrator and
the vehicle by passengers with physical
(i) Destination and route signs: (1)
in accordance with such terms and con-
impairments.
This paragraph is effective January 1,
ditions as the Urban Mass Transporta-
(d) Priority seating signs: Each vehi-
1976.
tion Administrator may prescribe, that
cle shall contain clearly legible sign(s)
(2) Each vehicle shall have an illumi-
the rates charged elderly and handicap-
which mark specific seats to be made
nated sign on the front of the vehicle
ped persons during nonpeak hours for
available to elderly and handicapped per-
exterior. The sign shall include the route
transportation utilizing or involving the
sons when they are present. The proposed
facilities and equipment of the project
location of the signs and seats shall be
designation or destination or both in
financed with assistance under this sec-
presented at the hearing required by
characters 6 inches high.
tion will not exceed one-half of the rates
§ 609.13(b) (4).
(3) Each vehicle shall have illuminated
generally applicable to other persons at.
(e) Interior handrails and stanchions:-
signs on the boarding side and rear-of the
peak--hours; whether the operation of
Padded handrails and stanchions shall
vehicle-exterior. These signs shall in-
such facilities and equipment is by the
be sufficient to permit safe boarding, fare
applicant or is by another entity under
collection, on-board circulation, seating
clude the route designation or destina-
lease or otherwise.
assistance, and unboarding by passengers
tion or both in characters at least 4
with physical impairments.
inches high.
[FR Doc.75-5158 Filed 2-25-75;8:45 am]
FEDERAL REGISTER, VOL. 40, NO. 39-WEDNESDAY, FEBRUARY 26, 1975
or
DEPARTMENT OF
NEWS
ONITED
AMERICA
TRANSPORTATION
STATES
of
URBAN MASS TRANSPORTATION
ADMINISTRATION
WASHINGTON, D.C. 20590
FOR RELEASE TUESDAY 10:00 A.M.
UMTA 76-76
July 27, 1976
Phone: (202) 426-4043
CONSUMER ADVISORY
A new Federal policy governing full-size transit bus
design was announced today by Robert E. Patricelli, Adminis-
trator of the U.S. Department of Transportation's Urban Mass
Transportation Administration (UMTA).
Patricelli said that the new Federal policy will provide
for "advanced design buses which can be produced in a
competitive marketplace." He noted that the new design
which will be made available to the American transit rider
will have design features "which will substantially improve
the accessibility to the vehicle for all riders--especially
for the elderly and handicapped."
The UMTA decision mandates that all new transit buses
to be purchased with Federal grant funds and advertised for
bid after February 15, 1977 have effective floor heights of
not more than 24 inches. This will require both a lowering
of bus floors from the current 34 to 35 inches and incorpora-
tion of a deflatable air bag or "kneeling feature," to lower
the front of the bus when it stops. Patricelli added, UMTA
had concluded that "it was not appropriate or feasible to
mandate the 22-inch floor Transbus design," because of the
high cost and unproven componentry involved in going that
further step at this time.
The Administrator noted that the UMTA Transbus program
had fulfilled its two primary objectives: to bring into
commercial use a new generation of urban transit buses that
would provide better and more attractive transit service;
- more -
- 2 -
and to encourage competition in the supply industry by
providing equal opportunity to transit bus manufacturers
to produce advanced bus designs. The final policy, Patricelli
said, "fulfills the major objective of the Transbus program."
The new policy applies to all full sized transit coaches
which will be purchased under the UMTA program. UMTA
currently assists local authorities in the purchase of the
majority of the buses currently being produced in the USA.
####
For further information contact the UMTA Office of Public
Affairs at (202) 426-4043.
DEPARTMENT OF TEANSPORTATION
DEPARTMENT OF
NEWS
UNITED STATES OF AMERICA
TRANSPORTATION
URBAN MASS TRANSPORTATION
ADMINISTRATION
WASHINGTON, D.C. 20590
FOR RELEASE TUESDAY 10:30 A.M.
UMTA 76-76
July 27, 1976
Phone: (202) 426-4043
UMTA POLICY STATEMENT ON TRANSBUS
I. Introduction
The Transbus program was first conceived to serve two
objectives: to bring into commercial use a new generation of
transit buses that would provide better and more attractive
transit service; and to encourage competition in the supply
industry by providing equal opportunity to the three transit
bus manufacturers to produce advanced bus designs. Since
the issuance of the Urban Mass Transportation Administration
(UMTA) "Policy for Introducing Transbus Into Nationwide Service"
on January 8, 1975, there have been a number of developments:
--The market has seen a continued disturbing escalation
in the purchase price of transit buses, estimated at
25 percent during the past two years and over 76
percent since 1971;
--Prototype vehicles were successfully developed by
each manufacturer, providing a useful test of new
design techniques and transit industry and consumer
reactions;
--Based on these prototypes, a Transbus vehicle per-
formance specification was developed in cooperation
with the manufacturers and with the American Public
Transit Association (APTA). While there has been
- 2 -
a consensus on most elements of the specification
and the accompanying standardized contract, quality
assurance, and warranty documents, there is con-
tinued disagreement over the issues of bus
floor height and whether the use of any standard
performance specification should be mandated by the
Federal Government;
--Two manufacturers have announced their intention to
produce "interim" or advanced design buses which in-
corporate most of the design features of the Transbus
but which would have floor heights (29-32 inches)
between those of current buses (34-35 inches) and the
Transbus (22 inches or less). These interim buses
would offer important operational cost savings, and
a strong market demand has developed for their acqui-
sition;
--UMTA has issued final regulations on Transportation
for Elderly and Handicapped Persons (41 CFR 18234,
issued April 30, 1976). These regulations mandate
that service be provided to these groups of users,
and further mandate that new buses to be acquired
with UMTA financial assistance must have front step
risers that do not exceed eight inches in height,
have no more than eight inches in vertical
distance from a standard six-inch curb to the first
stair tread, and offer wheelchair accessibility
packages (including lifts or ramps) which transit
properties may order as an option. UMTA has taken
a strong position in these regulations and in testi-
mony, however, that the Federal Government should
leave to local jurisdictions the choice of whether
to use such wheelchair accessible transit buses or
separate specialized services, or some combination,
to meet the transit needs of wheelchair users and
semi-ambulatory persons;
--On May 5, 1976, the Administrator of UMTA held a
day-long public hearing, announced in the Federal
Register on April 14, 1976, on a number of bus design
and procurement policy issues. The central issue had
to do with whether the Federal Government should man-
date or encourage the use of the Transbus performance
specification and, if so, with what bus floor height
specified. Another issue posed in that hearing was
the date after which transit buses had to meet the
eight-inch front step riser and wheelchair accessibility
- 3 =
option requirements of the UMTA Elderly and Handi-
capped regulations. That date had been left open
pending testimony from manufacturers and others on
feasibility.
II. Policy Decisions
UMTA has had the benefit of numerous meetings with manufacturers,
transit operators, and public interest groups, as well as
written submissions, Congressional testimony, and a special
public hearing on these issues. Based on that body of infor-
mation, UMTA makes the following determinations:
1. New transit buses to be purchased with UMTA financial
assistance and advertised for bid after February 15,
1977, must have front step risers which do not exceed
eight inches in height, and must offer a wheelchair level
change device as an option which transit authorities can
order. The UMTA regulation on Transportation for Elderly
and Handicapped Persons will be amended to insert this
February 15, 1977 effective date in the relevant pro-
visions.
2. New transit buses to be acquired with Federal financial
assistance and advertised for bid after February 15, 1977
must have effective floor heights of 24 inches or less after
use of a "kneeling feature" on the bus. In other words,
some combination of kneeling feature and lowered floor
height must be capable of producing a net floor height
of 24 inches or less. The aforementioned regulation
will be amended to include the above requirement.
3. The purposes of the Transbus program have been largely
fulfilled by the above mandate of an effective floor height
of 24 inches, and with the introduction of newly designed,
more efficient and more attractive transit buses into
production in a competitive environment. It will remain
an UMTA objective to continue to assist manufacturers
to produce buses which are superior in a variety of
respects, including having floor heights which do not
exceed 22 inches. This floor height objective should
be attained in an evolutionary fashion when the technical
componentry is satisfactorily developed and when
the prospective costs and benefits support a move to
a lower floor height. Having in mind these necessary
conditions, however, UMTA concludes that it is neither
feasible nor appropriate to mandate a transit bus floor
height of 22 inches or less at this time.
- 4 -
Finally, use of the quality assurance program and standard
contract and warranty documents developed as part of the
Transbus program will be strongly encouraged in the pro-
curement of interim buses.
The reasons for these determinations are as follows:
1. February 15, 1977 Effective Date of Front Step Riser
and Wheelchair Access Option Requirements. The policy
decisions to require these items had been made in the
context of the April 30, 1976 regulations; only the
effective date had been left open pending information
to be received in the May 5, 1976 hearing. At that
hearing, one manufacturer testified that these require-
ments could be met for actual bus deliveries within 14
months after publication of the rule; a second offered
a proposed effective date of January 1, 1978 for
deliveries; and the third suggested 18 months from the
date of the hearing. The date of February 15, 1977
represents a compromise reflecting further discussions with
the manufacturers, and backdating from delivery dates
to the advertisement for bids.
2. Effective Floor Height of 24 Inches or Less, With Kneeling
Feature Mandated. The mandate of an effective floor
height of 24 inches is based upon UMTA's finding that
such a result is technically possible through a combina-
tion of lowering the floor height of a bus and incorporating
a kneeling feature. Both manufacturers currently planning
interim or advanced design buses stated that they would be
able to provide 29-inch floor heights on those buses
within about one year. The third manufacturer said
that he could bring the floor height of his improved
current bus to about that level within 18 months. In
all cases, the key technical hurdle appears to be the
development of a bus tire of smaller diameter which can
withstand the necessary loads. Such a tire is now being
produced by a foreign manufacturer and its successful
domestic production appears probable. Deflatable air-bag
devices which permit the front-end or front right corner
of a bus to "kneel" down by four or five inches are now
offered by all three manufacturers as an option on their
current buses at an additional cost of $300-$400.
The benefits of mandating an effective floor height
will be twofold. First, where the driver cannot draw
up alongside a curb, he can use the kneeling feature
to keep the first step from ground to front stair tread
to eight inches or less, providing eased access for all
riders. Second, a net 24-inch floor height, when combined
- 5 -
with the further offset of a typical six-inch curb, may
permit use of a ramp instead of a more expensive lift
for wheelchair access (although assistance to the wheel-
chair user may be necessary, depending on the length of
the ramp). Thus, for an increase in price of less than
one percent per bus, features which substantially improve
the accessibility of the vehicle for all riders, and
especially for elderly and handicapped persons, can be
added.
In light of testimony received at the May 5, 1976 hearing,
it is not practical to mandate rear step risers of
eight inches or less.
3. Continued Support of Improved Bus Design With Lowered
Floor Heights, But Without a Federal Mandate of a
22-Inch Floor at This Time. An important set of reasons
militate against a 22-inch floor height mandate:
--This would have the effect of delaying the introduction
of newly designed transit buses into commercial use
from three to five years. Manufacturers are likelv to
defer introduction of advanced design buses, which are
available for delivery within a year, in order to
develop tooling and production facilities for the lower
floor vehicles. Yet, these more attractive and efficient
buses are needed as soon as possible to meet current
demand;
--According to testimony from manufacturers and APTA,
aspects of the 22-inch floor design (e.g., axles,
tires, differentials) are not yet proven or production
ready;
--The additional capital cost of the low-floor bus
is variously estimated at seven to twenty-five percent
above that of interim buses. Given the substantial
concern at all levels of government with escalating
bus prices, we believe that it is unwise to force up
those prices even more at this time by Federal regulation.
Further, the operating costs of the low-floor bus are
likely to be slightly higher than those of the interim
buses, and the low-floor bus would be less fuel efficient
and would offer fewer seats;
--At least two of the bus manufacturersdo not currently
have the financial capacity to retool for low-floor
bus production. While they endorse a low-floor man-
date, they want the Federal Government to finance
all or most of the development costs of the vehicle, for
example by paying for retooling costs through high
- 6 -
cost negotiated contracts for initial vehicle produc-
tion runs. UMTA believes such a procurement approach
would be both unwise and probably unworkable at this
time. Further, to mandate the low floor now would
cause a wasteful discarding of some of the new tooling
already developed for advanced design buses;
--Most of the objectives of the Transbus program have
been met: the market is supplying new products in a
competitive fashion, and the advanced design buses
include most of the design improvements put in motion
by the Transbus investment (e.g., improved suspension,
cantilevered seats, more easily maintainable exterior
surfaces, etc.). An effective bus floor height of 24
inches is being mandated. As a matter of general policy,
Federal regulatory mandates should be limited when the
market is properly responding. Further, the public
transit operators' association strongly opposes a Federal
mandate.
It is certainly true that floor heights of 22 inches or less
would offer some advantages: better ride quality (although
at least one interim bus will include independent front
suspension which will also provide a better ride than current
buses) speedier passenger flow because of wider doors and
one less step (although the interim buses will offer lower
steps and a wide front or rear door); and greater accessibility
to the elderly and handicapped (one less front step and easier
accommodation to a less expensive ramp device for wheelchair
access). UMTA concludes, however, that the marginal additional
benefits in going from an effective 24-inch floor height
(with kneeler) to a 22-inch floor height do not merit the
substantial additional costs involved in any such Federal man-
date imposed at this time.
Nevertheless, the lower bus floor height will continue to
be a policy objective for the UMTA program. Any manufacturer
who wishes to offer such a bus for purchase will be assisted
through sole source procurement arrangements and progress
payments. Further, in order to maintain progress toward
achieving the low floor objective, the UMTA Research and Develop-
ment program will assist manufacturers to develop the reliable
componentry which is still needed before the low floor can
become a reality.
In summary, UMTA has determined that the major objectives of
the Transbus program have been met. Permitting the advanced
design buses to be produced and competitively marketed should
permit the financial condition of manufacturers to stabilize,
- 7 -
hold down development costs, and let the new buses be proven
out and made operationally efficient. Under procurement
quidelines. already discussed with the manufacturers, interim
bus purchases will be supported when performance specifica-
tions that do not unfairly restrict competition are used.
Riders will see new and better buses within a year rather
than having to wait for three to five more years.
Issued in Washington, D.C., on July 27, 1976.
Robert E. Patricelli
Urban Mass Transportation
Administrator
The City of New York
OFFICE FOR THE HANDICAPPED
MEMO FROM: \EUNICE FIORITO, Director
8/26/75
for your information,
immediate attention of
prompt raction
Eunice Lorito
scrowed
President
30
ACCD
4 M
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
WASHINGTON, D.C. 20201
August 1, 1975
Enclosed is a copy of the Interstate Commerce Commission (ICC)
proposed regulations which include provisions for accessibility
for the handicapped in "common carriers." These regulations
appeared in the July 17, 1975, Federal Register.
The ICC plans to hold oral hearings in cities which will be most
convenient to the greatest number of passengers. All individuals
or groups wishing to give testimony should send an informal letter
on or before August 31, 1975, to:
Mr. Robert Oswald
Secretary
Interstate Commerce Commission
Washington, D. C. 20423
The letter should state the general nature of the oral presentation
and the city which would be most convenient to present the testimony.
It is important for handicapped persons and organizations working with
them to thoroughly review these proposed regulations and submit their
comments to Mr. Oswald before the August 31 deadline.
We would appreciate receiving a copy of your comments.
James S. Jeffers
Executive Director
Enclosure
36134
PROPOSED RULES
taken or planned with respect to the
tems, other equipment accommodations
(c) "Facility" means any building or
excessive MUF, including the licensee's
and buses free of defective conditions
structure provided by or on behalf of a
plans and schedules for reinventory pur-
adverse to a passenger's comfort and
carrier at or near which buses stop to
suant to 70.51 (e) (11) and steps taken
health, and (6) require special assist-
pick up or discharge passengers.
for recovery if a theft or diversion is in-
ance and terminal facilities for handi-
(d) "Terminal" means a facility op-
dicated; and
capped, disabled, blind and elderly pas-
erated by or used by a carrier, under con-
(2) The limits of uncertainty
sengers. This summary and the proposed
tract or otherwise, the primary purpose
(LEMUF) for a material balance, if the
rules are merely representative of the
of which is to furnish passengers with
LEMUF exceeds any applicable LEMUF
matters and things here under investi-
services and accommodations in connec-
limits specified in § 70.51 (5) or ap-
gation and are not intended to be all in-
tion with transportation.
proved pursuant to § 70.51 (6).
clusive; they should not be construed as
(e) "Station" means a facility oper-
Included in the LEMUF report shall be
limiting in any manner the scope of this
ated by or on behalf of a carrier, where
a statement of the probable reasons for
proceeding which is designed to enable
tickets are sold, but which is not included
this Commission to take all action with
in the term "terminal."
the LEMUF and actions taken or
respect to the practices of motor com-
(f) "Service" means the operation of
planned with respect to the excessive
mon carriers of passengers as the facts
a bus or buses for the transportation of
LEMUF.
and circumstances developed on the rec-
passengers between authorized points or
(Secs. 53, 161, Pub. Law 83-703, 68 Stat. 930,
ord in this proceeding may justify or re-
over authorized routes.
948; sec. 201(f), Public Law 93-438, 88 Stat.
quire.
(g) "Commuter service," notwith-
1243; (42 U.S.C. 2073, 2201, 5841))
Hearings will be scheduled for the
standing the provision of 1306.0(d) of
Dated at Washington, D.C., this 14th
receiving of testimony in this proceeding
this chapter, means the transportation
day of July 1975.
as a need therefor shall appear. All in-
of passengers on buses moving wholly be-
dividuals or groups wishing to partici-
tween points which are not more than
For the Nuclear Regulatory Commis-
pate at oral hearings are requested to
50 miles apart as measured by air line
sion.
send an informal letter on or before
distances, except where through-bus,
SAMUEL J. CHILK,
August 31, 1975 to:
connecting, or interline service is pro-
Secretary of the Commission.
Mr. Robert L. Oswald, Secretary, Interstate
vided to or from points more than said
[FR Doc.75-18500 Filed 7-16-75;8:45 am]
Commerce Commission, Washington, D.C.
50 miles distant.
20423.
(h) "Special-event service" means
INTERSTATE COMMERCE
the transportation of passengers in spe-
The letter should state the general na-
COMMISSION
ture of the oral presentation and indicate
cial operations, in one-day round-trip
which city would be most convenient to
movements to and from sporting events,
[49 CFR Part 1063
theatrical presentations, or other similar
present the statement.
[Ex Parte No. MC-95]
public activities.
The Commission will make every effort
INTERSTATE TRANSPORTATION OF PAS-
to hold hearings at those cities which will
(i) "Baggage" means the property of
SENGERS BY MOTOR COMMON CAR-
be most convenient to the greatest num-
a passenger enclosed in a suitcase, trunk,
ber of passengers.
package, container, or other receptacle.
RIERS
(j) "Restroom" means a room in a bus
Adequacy of Service, Equipment, and
By the Commission.
or terminal equipped with a toilet, wash-
Facilities Proposed Rulemaking
[SEAL]
ROBERT L. OSWALD,
bowl, soap, mirror, wastebasket, and
Purpose. The Congress in enacting
Secretary.
toilet paper for the use of bus passen-
section 216(a) of the Interstate Commerce
gers.
Act, 49 U.S.C. 316(a), contemplated that
Sec.
1063.1
motor common carriers of passengers
Applicability.
1063.3 Ticketing and information.
1063.2
Definitions.
would provide safe and adequate service,
(a) Information service. (1) During
1063.3
equipment and facilities for the transporta-
Ticketing and information.
1063.4
Baggage service.
hours of operation at each terminal or
tion of passengers and their baggage. The
1063.5
Terminal facilities.
station, information shall be provided
experiences of our field investigators of the
1063.6
Service responsibility.
as to carrier schedules, tickets, fares,
Bureau of Operations, and increasing re-
1063.7
Equipment.
baggage, and other services.
ceipt of passenger complaints concerning
1063.8
Accommodations for handicapped,
(2) Every employee or agent of a car-
the activities of motor common carriers of
disabled, blind, and elderly.
rier who sells or offers to sell tickets, or
passengers, indicate a clear and present
1063.9
Identification-bus and driver.
who provides information concerning
need to institute this proceeding to con-
1063.10
Relief from provisions.
tickets and services provided by the car-
sider the adoption of regulations with the
1063.1 Applicability.
rier, shall be competent by reason of ex-
view toward eliminating the causes of pas-
senger satisfaction and insuring full com-
(a) The regulations in this part apply
perience, training, or the like to conduct
pliance with section 216(a) of the Act.
to all motor common carriers of pas-
such activities. Each carrier shall insure
sengers subject to Part II of the Inter-
such qualifications and shall keep a rec-
Proposed regulations, and a short
state Commerce Act which operate over
ord of the manner in which they have
justification for each, are set forth below.
Briefly stated, the proposed rules will,
regular routes or conduct special opera-
been determined for each employee and
tions.
agent.
among other things, (1) require more
responsive information to passengers and
(b) The regulations of this part shall
Justification. This section will assist
prospective passengers concerning sched-
not apply to charter operations con-
passengers in obtaining vital travel in-
ules, tickets, fares, baggage and other
ducted by motor common carriers of pas-
formation in terminals and agency sta-
services, (2) establish high priority for
sengers, whether such operations are
tions. Many passengers depend on the
the transportation of baggage, require
conducted under specific authority, pur-
terminal information services for trip
security for baggage and also certain
suant to the provisions of section 208(c)
planning and budgeting and for guid-
other safeguards to provide immediate
of the Interstate Commerce Act, or over
ance in the use of terminal facilities.
search for lost or misplaced baggage and
certificated regular routes.
Often passengers arrive in places that
faster settlement of claims for lost bag-
1063.2 Definitions.
are new and unknown to them without
gage, (3) require terminals at certain
any source of information other than
(a) "Carrier" means a motor common
cities or communities and minimum
that provided by the carrier. Complaints
terminal facilities and accommodations
carrier of passengers as set forth in
received indicate that available informa-
$ 1063.1(a).
for comfort and safety of passengers,
tion is inadequate and that inaccurate
(4) require notice before schedule
(b) "Bus" means a passenger-carrying
fare and schedule information is given.
changes, seating and a reservation sys-
vehicle usd by a carrier in its authorized
The requirement for the keeping of rec-
tem, (5) require buses to be equipped
operations, regardless of the design or
ords on employees' and agents' train-
with operable cooling and heating sys-
seating capacity of the vehicle.
ing or experience provides a means for
FEDERAL REGISTER, VOL. 40, NO. 138-THURSDAY, JULY 17, 1975
PROPOSED RULES
30135
monitoring compliance with this and
líc announcement has been given of the
facilities are used some distance from
other provisions of this part.
departure and the boarding point there-
the boarding area.
for. Such ennouncement must be given
(b) Telephonic information service.
(c) Baggage security. All checked bag-
at least five minutes before departure at
Every place where tickets are sold shall
gage shall be placed in a secure or at-
originating points and at points where
provide the traveling public telephonic
tended area inaccessible to the public.
the bus is scheduled to stop for more than
information, including current bus
Bággage being readied for loading shall
five minutes.
schedules and fare information. Each
not be left unattended.
Class I carrier shall make available,
Justification. This requirement will as-
Justification. Theft apparently is a
either individually or cooperatively. 24-
sist passengers in locating boarding plat
forms in terminals and rest stops and will
prominent cause of baggage loss. Ter-
hour toll free telephone information
service for use by the public within the
eliminate the confusion that prevails
minals located in high-crime areas at-
area served by the carrier to provide
when passengers are unsure of when and
tract many non-passengers. This section
such information.
from where their coach departs.
will eliminate the practice of allowing
baggage to be left in open areas or near
Justification. Complaints on unavail-
1063.4 Baggage services
buses during loading and unloading with
ability, inaccessibility or poor quality of
(a) Requirement to provide Free
no one in attendance.
telephonic information service indicate
through baggage and interline baggage
(d) Baggage liability. No carrier shall,
a need for this service. Experience re-
checking service shall be provided by all
by tariff provision or otherwise, totally
veals telephones that go unanswered for
carriers, except in commuter and special-
exempt liability for any article offered
long periods or are continuously busy.
event services
as checked baggage except those articles
A 24-hour toll free telephone informa-
Instification This section acknowl-
that have beer SO exempted by the Inter-
tion service is utilized by other passen-
ger modes and should help to alleviate
edges that free baggage transportation 1s
state Commerce Commission. At every
some of the major information problems.
part of a carrier's service obligation in
location where baggage is accepted for
It would serve suburban and rural pas-
transporting passengers. The require-
checking, there shall be prominently
sengers whose other sources of infor-
ment to provide this service assists pas-
posted a notice listing those articles
mation may be limited and passengers
sengers where at carrier may arbitrarily
which have been exempted.
in metropolitan areas when local tele-
or otherwise refuse to provide such serv-
Justification. The Act provides for the
phone information service is not acces-
fee. The exemption for commuter service
limitation of baggage liability. Carriers,
sible. Buses operate 24 hours a day at-
and special-event service is to allow the
by tariff provision, however, have pro-
though many terminals and agency sta-
use of equipment, facilities, and person-
hibited the handling of a list of items as
tions (other than those in principal
nel which are not suitable for the han-
personal baggage and/or do not accept
cities) are not open for all arrivals and
dling and transportation of baggage.
liability for certain items that may well
departures. This telephone service will
(b) Checking facilities and proce-
accompany passengers as personal effects
provide information when terminals are
dures. (1) Baggage checking service pro-
in their baggage. Many of these "own
closed.
vided by any carrier shall be available
risk" items are, however, acceptable as
(c) Schedules. Printed schedules for
at all facilities where its tickets are sold.
express. The practical effect is to exclude
regular-route services shall be provided
Carriers shall issue receipts, which may
them as baggage, accept them as express,
to the traveling public at all facilities
be in the form of preprinted tickets, for
and thereby add cost to passenger fares.
where tickets for such services are sold:
all checked baggage.
This proposed section, attacks that prac-
Each schedule shall show the points
(2) All baggage checked at a baggage
tice. Articles for which carriers intend to
along the regular route(s) served by the
checking counter up to 15 minutes before
exclude liability are required to be ap-
carrier at which such facilities are Io-
departure (but not more than one hour
proved and exempted by the Commission
cated or at which bus trips originate or
before) shall be transported on the same
and identified in terminal facilities to
terminate and shall indicate the sched-
schedule as the ticketed passengers. If
comply with this section. Of course there
uled arrival or departure time for each
baggage checking service is provided at
are certain articles or items which are
such point.
the side of the bus, passengers checking
not permitted to be transported because
baggage at the baggage checking counter
of their dangerous nature.
Justification. This section will assist
less than 15 minutes before the scheduled
passengers by assuring them of the avail-
(e) Express shipments. Inasmuch as
departure time shall be notified that
ability of printed schedules for use in
the transportation of package express
their baggage may not travel on the same
trip planning. Presently, carriers are not
shipments must be subordinated to the
required to make printed schedules avail-
coach. Such baggage must then be
interests of passengers, baggage shall in
placed on the next available bus to its
able to the public, and it appears a num-
all cases take precedence over the trans-
ber of terminals and agency stations do
destination.
portation of express shipments.
not have these schedules available.
(3) All baggage checked at the side of
the bus during boarding or at alternative
Justification. The transportation of
(d) Ticket refunds. Each carrier shall
locations provided for such purpose shall
passengers and their baggage is the pri-
accept unused tickets for refund, upon
mary responsibility of the carrier. This
be transported on the same schedule as
request, at each place where tickets are
the ticketed passenger.
regulation will assure passengers that
sold. Refunds must be remitted within
their baggage receives priority over ex-
15 days after presentation of the unused
Justification. Baggage services and
press freight shipments.
ticket.
protection are major areas of passenger
(f) Baggage at destination. All checked
discontent. This section will eliminate
Justification. This section is included
baggage shall be made available to the
conditions where passengers desire to
to eliminate the lengthy delays that pas-
check baggage but no facilities are avail-
passenger within a reasonable time, not
sengers may experience when they try
to exceed 30 minutes after arrival at the
able for checking or a receipt in the form
to obtain a refund for unused tickets.
passenger's destination. If a carrier fails
of a check is not provided. The provision
Presently a passenger must either request
for specified time periods for checking
to make checked baggage available
a refund for an unused ticket from the
is coupled with the requirement that
within 30 minutes after arrival, it shall
same ticket agent on the same day of
baggage accompany the passenger on
deliver the baggage to the passenger's
sale of the ticket or must return the
the same coach. Presently, baggage may
local address at the carrier's expense.
ticket to the carrier's general or business
not travel on the same coach. The pro-
Justification. There are no specifica-
office and wait for the refund. The latter
vision for last-minute checking permits
tions as to how baggage should be re-
can be a lengthy process.
the passenger to check baggage on his
turned to passengers. This section re-
(e) Announcements. No scheduled bus
ticket but does not require the carrier to
quires & return of baggage within a rea-
(except in commuter service) shall de-
hold up equipment dispatched as It might
sonable period of time since the pas-
part from a terminal or station until pub-
have to do when consolidated baggage
senger expects to leave the terminal as
FEDERAL REGISTER, VOL 40, NO. 138-THURSDAY, JULY 17, 1975
30136
PROPOSED RULES
soon as possible after arrival at destina-
(i) Unchecked baggage. In the event
"Official Bus Guide." This publication,
tion.
unchecked baggage is lost, the passenger
which lists terminals in cities with pop-
(g) Lost or delayed baggage. (1)
may fill out a tracing form and the car-
ulations of 15,000 or more, apparently is
rier shall make a diligent effort to recover
Checked baggage which cannot be lo-
acceptable to the industry and is used as
the baggage. The carrier shall forward
cated within one hour after the arrival
a reasonable guideline.
of the bus upon which it is supposed to
recovered unchecked baggage to the ter-
minal or station nearest the address
(b) Passenger security. All terminals
be transported shall be designated as lost
shown on the tracing form and will notify
and stations must provide adequate secu-
baggage. The passenger shall be notified
rity for passengers and their attendants
by the carrier at that time and appro-
the passenger that the baggage will be
held on a will-call basis,
in the form of station personnel, a hired
priate tracing forms shall be furnished to
security force, or local police. All termi-
the passenger for completion and filing
Justification. The basic difference here
nals shall be regularly patrolled, and
with the carrier or its agent. Such forms
concerns checked versus unchecked bag-
every effort shall be made to assure that
shall be considered the same as a claim
gage, and this section establishes some
unauthorized persons do not loiter in
in accordance with the provisions of 49
responsibility for the bus carrier for
terminals or stations and that the safety
CFR 1005 in the event the baggage is not
baggage unchecked and carried on the
and security of patrons is not threatened.
recovered within ten days after filing.
bus by the passenger. The carrier must
attempt to locate the lost baggage.
Justification. The purpose of this regu-
(2) Every carrier shall make available
lation is to provide bus passengers with a
at each ticket window and baggage
(j) Report on claims for lost baggage.
reasonable amount of safety and security
counter a form to be used in tracing lost
Beginning with the quarter ending
while using the facilities of carriers. If a
or misplaced baggage and for filing
and for each quarter thereafter, each
carrier facility is used for the selling of
claims for lost or misplaced baggage. The
common carrier of passengers subject
transportation, it should not be unrea-
form shall incorporate all the informa-
to this part shall file with the regional
sonable to expect the carrier to assume
tion necessary for submission of both a
office of the Interstate Commerce Com-
responsibility for the safety of its patrons.
tracer and a claim. The form shall be
mission in the region in which the car-
prepared in duplicate and be signed by
rier maintains its principal office, a re-
(c) Outside facilities. At terminals and
the passenger and the carrier repre-
port of baggage claims which have been
stations which are closed during hours
pending more than 30 days on the last
when buses are scheduled to arrive or
sentative. The carrier or its agent shall
day of such quarter, showing name of
depart, there shall be available at all
receive the signed original of the form,
with such documentation and additional
claimant or carrier's claim number and
times a public telephone, outside light-
information as is necessary, and the
the total number of pending claims.
ing, posted schedule information, over-
claim check, for which a receipt shall be
The report shall be filed within 30 days
head shelter, and information on local
given. The duplicate copy of the form
after the end of the quarter to which it
accommodations and telephone numbers
shall be retained by the passenger.
relates and shall constitute a public
for nearest taxi service and police protec-
tion.
record.
Justification. There is no clear-cut
Justification. This report is intended
Justification. This proposal intends to
procedure on how lost baggage should be
to obtain information concerning the ex-
provide minimum outside facilities and
handled. In most instances the pas-
periences of carriers in settling baggage
information for passengers discharged at
senger must visit or telephone the ter-
terminals and facilities that are closed
minal repeatedly to determine if the
claims. It will indicate if in fact carriers
baggage has arrived, then the passenger
promptly settle claims as prescribed in
and therefore inaccessible to passengers.
must wait an indefinite period of time
subsection (h).
(d) Maintenance. Terminals shall be
for initiation and processing of tracing
1063.5 Terminal facilities.
maintained in a clean and sanitary con-
procedures. A passenger is commonly ad-
dition. A regular maintenance procedure
vised to wait up to 30 days to file a claim.
(a) Minimum facilities. At each city or
shall be established and a daily record
Many times the result is inconvenience
community with a population of 15,000 or
thereof shall be kept showing that the
and hardship to the passenger. This sec-
more served by a carrier (except in com-
adopted procedures were followed and
tion is intended to streamline the pro-
muter or special-event service or where
naming the person who performed them.
cedures for tracing and filing claims for
door-to-door service is provided), there
shall be provided a terminal for the com-
Justification. The purpose of this sec-
lost baggage and to reduce the waiting
time and delays before return of bag-
fort and safety of passengers and their
tion is to eliminate poorly maintained
gage or settlement of claims.
attendants, which shall include a tem-
terminal facilities. It is a requirement
perature-controlled waiting area, public
that if a carrier is, by these regulations,
(h) Settlement of claims. Carriers
telephone, seating, drinking water, res-
offering facilities to patrons, the carrier
shall make immediate and diligent ef-
taurant facilities or vending machines
will at the same time properly maintain
forts to recover lost checked baggage.
for food, and restrooms. Such terminals
them and keep a record to reflect the
Notwithstanding the provisions of
shall be open to passengers and their at-
establishment of reasonable and regular
§ 1005.5 of this chapter, if lost checked
tendants at least 30 minutes before the
maintenance practices.
baggage cannot be located within ten
scheduled departure of any bus to enable
1063.6 Service responsibility.
days. the carrier shall immediately proc-
passengers and their attendants to check
ess the matter as a claim. The date of
(a) Schedules. Carriers shall establish
baggage, purchase tickets, and perform
which the tracing form was received by
schedules in such manner as to provide
other transportation-related tasks, and
the carrier or carrier's agent shall be
adequate service to and from all points
for at least 30 minutes after arrival of
considered as the first day commencing à
they are required to serve. Carriers shall
any bus to enable passengers and their
30-day period in which a claim must be
assure themselves that such schedules
attendants to retrieve checked baggage
settled by a firm offer of settlement or
can be reasonably met, including connec-
and depart safely from the terminal. In
by a denial. A denial of any such claim
tions at junction points. The data used
the event that checked baggage is lost or
shall be in writing and shall contain an
in the promulgation of each schedule
delayed, the terminal shall remain open
explanation for the basis of such denial
shall be retained during such time as the
for as much as 30 additional minutes to
particular schedule is in force and for
Justification. This section comple-
enable the passenger to complete a trac-
a period of three years thereafter. Each
ments paragraph (g) and attempts to
ing form.
carrier shall maintain records showing
modernize the tracing and processing of
Justification. The purpose of this reg-
the number of times scheduled connec-
baggage claims and settlement. As sub-
ulation is to eliminate the practice of
tions are not met and what action, if any,
section (g) attempts to establish the im-
simply selling tickets to the public with-
mediate claim submission with the trac-
has been taken to adjust those schedules
out providing minimum facilities for
ing information, this section intends to
which appear to be unrealistic.
their comfort. The reference to 15,000
reduce the time lag presently between
population is taken from the same refer-
Justification. To assure that bus pas-
claim and settlement.
ence used by the carrier industry, the
sengers are provided with reasonable
FEDERAL REGISTER, VOL. 40, NO. 138-THURSDAY, JULY 17, 1975
PROPOSED RULES
30137
service and proper connections, it is pro-
extra equipment cannot be made readily
vided for commuter operations and the
posed that schedules be more carefully
available a reservation system shall be
necessity for restrooms only in the event
prepared and be subject to careful
established for that service. Such reser-
the carrier decides to eliminate rest stops,
scrutiny.
vations shall be available at each ter-
this section is compatible with present
minal or station where passengers may
(b) Continuity of service. Except as
bus equipment and insures passenger
board, and the reservation ticket shall
comfort.
provided in 49 CFR 1042.2(c) (6), no
show the name of the passenger on its
carrier shall make any change in an
(c) Restrooms. On-board restrooms
face:
existing regular-route schedule without
shall be clean, sanitary and free of of-
first filing a written notice with the
Justification. There are no uniform
fensive odor, and regularly maintained.
Regional Office of the Interstate Com-
standards among carriers concerning
There shall be 2 record of such mainte-
merce Commission in all regions affected
standees or guaranteeing a ticket holder
bance carried on the bus which shall
by the schedule change. A copy of such
transportation, consequently some car-
show the date, time, location, and person
notice shall be displayed by the carrier
riers may allow passengers to stand,
performing such maintenance.
continuously in a conspicuous place in
while others require passengers to wait
each facility affected and on each bus
for a second section or for the next
Justification. This section will require
schedule when a coach is full. This sec-
that such equipment be regularly serv-
providing the affected services. Such
iced and that carriers assume the re-
notice shall be displayed for at least 80
tion will assure a passenger of trans-
portation under ordinary circumstances
sponsibility for recording maintenance
days before it becomes effective and shall
and will also require carriers to provide
activities. Passengers should not be sub-
contain the carrier's name, a descrip-
tion of the proposed schedule change, the
B reservation service in Beu of guaran-
jected to substandard on-coach facilities
teed service.
that we have already sought to prohibit
effective dates thereof, the reasons for
at terminals and rest stops. On-coach
the change, the availability of alternate
(e) inspection of rest stops. No carrier
service, and the name and address of the
restrooms can cause serious problems if
shall establish rest stops which have not
responsible carrier official or representa-
not properly maintained and serviced.
been inspected by its personnel. The
tive to whom passengers may comment
carrier shall make periodic inspections
(d) Bus servicing. Each bus shall be
and seek information.
of all rest stops used by its services and
kept clean and sanitary, with all required
Justification. Presently there are no
shall keep records of such inspections
items in good repair and working order.
standards governing the changing or dis-
showing the date of each inspection, the
Regular cleaning shall be performed and
continuance of schedules on interoity
items inspected and their condition, and
a continuing record shall be kept on the
routes. Revisions with little notice to the
the name of the person conducting the
bus indicating the last servicing time,
public cause hardship to members of the
inspection. A checklist may be used.
location, and person performing the
traveling public and generate complaints.
servicing
Justification This is intended to elim-
This posting requirement provides pas-
inste inconsistency between terminal
Justification. This section will elimi-
sengers adequate time to plan for
facilities and those enroute stops referred
nate the practice of establishing sched-
changes and to adjust accordingly or to
to as rest stops. Passengers complain of
ules for bus cleaning functions upon
obtain information on substitute service.
uncleanliness of rest stops while carrier
operational considerations rather than
It also provides a means for the pas-
management professes inability to dic-
on passenger comfort. Much bus main-
senger to get information or voice op-
tate to private businesses or rest stop
tenance is established upon mileage
position directly to carriers and for
operators. The section provides that a
and/or calendar periods while the serv-
Commission field staff to be informed
carrier may not use such facility until it
icing contemplated here refers to passen-
and make a review If appropriate. This
is inspected. The facility must be requal-
ger exposure. Although the proposed rec-
recognizes changes in schedules due to
ified periodically by inspection. Records
ords are general in nature, they should
unexpected emergency conditions and
shall be kept to permit surveillance of
provide an opportunity to monitor pas-
the use of any other practicable highways
carrier compliance efforts.
senger comfort.
as permitted by § 1042.2(d) (6) of this
chapter.
1063.7 Equipment.
1063.8; Accommodations for handi-
capped, disabled, blind; and elderly.
(c) Trip interruptions. Carriers shall
(a) Temperature control. All buses
used to provide service (except com-
(a) Transportation. No carrier shall
mitigate, to the extent possible, the in-
muter services) subject to this part shall
deny transportation to any person on the
convenience suffered by passengers
whose travel plans are disrupted by the
be equipped with operable temperature
basis of a handicap, physical disability,
action or negligence of the carrier. This
control equipment that will provide a
or blindness, or because that person can-
mitigation may take the form of bridg-
temperature of at least 60 degrees above
not board a bus without assistance, pro-
ing a missed connection, providing food,
zero Fahrenheit and no higher than 80
vided that such person can occupy a seat
shelter, or alternate transportation, or
degrees above zero Fehrenheit.
without disturbing other passengers. A
other appropriate remedy acceptable to
guide or seeing-eye dog or other guide
Justification, This section is intended
the passenger.
dog specially trained for that purpose
to eliminate the use of bus equipment
shall be provided free passage when ac-
Justification. The intent of this pro-
that does not maintain adequate tem-
companied by a blind person.
posal is to eliminate to some degree the
perature control. The requirements are
stranding of passengers with no alternate
consistent with Amtrak standards and
Justification. The purpose of this sec-
transportation, assistance or informa-
are in response to passenger demands for
tion is to eliminate the practice of re-
tion. This will require the uniform as-
traveling comfort.
fusing to transport handicapped and
sumption of responsibility for passen-
disabled persons. Often bus transporta-
(b) Accommodations. Each bus used
tion is the only available mode of trans-
gers.
to provide service subject to this part
portation in many sections of the country
(d) Seating and reservations. Carriers
with seating for more than 14 passengers
and a responsibility exists for common
shall provide buses in sufficient numbers
(not including the driver), except those
carriers to provide such a service to the
to meet the normal travel demands of
in commuter or special-event service,
handicapped, disabled, blind and elderly,
passengers, including ordinary weekend
shall have operable reclining seats with
providing that their passage will not be a
and usual seasonal or holiday demand.
foot rests, reading lights, luggage racks,
disturbing influence to other passengers.
Passengers shall be guaranteed passage
and a restroom. A bus may be operated
and seating, except on commuter serv-
without a restroom if a rest stop is made
(b) Assistance. All carriers shall, upon
ices, to the extent reasonably possible.
at least once every two hours.
advance notice of 30 minutes or more,
If a carrier is unable to guarantee such
provide assistance to handicapped, dis-
Justification. This specifies certain
passage and seating on any particular
minimum standards for buses which have
abled, blind, and elderly passengers in
service, except in the event of unpre-
boarding buses; such assistance may in-
a direct impact on passenger comfort.
dictable or unexpectably high demand
clude advance boarding and seating.
Most are already provided, but without
at an intermediate service point where
Carriers shall provide assistance to such
consistency. With the exemption pro-
passengers on request in the use of ter-
FEDERAL REGISTER, VOL 40, NO. 13B-THURSDAY, JULY 17, 1975
30138
PROPOSED RULES
minal accommodations and baggage
1063.9 Identification-bus and driver.
relief from requirements of this part
service. At all terminals there shall be
Each bus operated and each driver
which would impose an undue burden
prominently displayed a notice stating
employed to provide service subject to
on the carrier.
where and from whom such assistance
may be obtained.
this part shall be identified in a legible
(b) Notice to the public. Notice of the
manner visible to passengers. The driver
filing of any such petition shall be pro-
Justification. It is important that this
may be identified by name or company
vided by the carrier to the traveling
segment of our population be given every
number.
public for at least 30 days, displayed con-
consideration. Advance notice is intended
Justification. The purpose of this sec-
tinuously in a conspicuous place in each
to eliminate operational delays and per-
tion is to assist passengers in identifying
facility affected or served by an affected
mit carriers to provide for advance
boarding. A notice to the effect that such
drivers and equipment used by them
service and on each bus affected or serv-
while traveling in interstate commerce.
ing an affected facility. Such notice shall
service is available will avoid last minute
Often it is not possible to reconcile an
contain the carrier's name and address,
confusion and uncertainty and inform
individual driver or specific equipment
a clear and concise description of the
the public of the availability of such
with a particular incident. A lack of such
relief sought and the reasons therefor,
service.
specific identification hinders study or
and a statement that any interested per-
(c) Terminal accommodations. (1) All
corrective action by both the carriers and
son may file written comments concern-
terminals shall be designed and con-
the Commission.
ing the relief sought with the Interstate
structed so that accommodations are ac-
Commerce Commission, Washington,
cessible to handicapped, disabled, blind,
1063.10 Relief from provisions.
D.C. (with one copy mailed to the car-
and elderly passengers.
(a) Petitions. In any situation where
rier) on or before a specific date not
(2) At all terminals which are newly
compliance with any provision of this
earlier than 30 days after the posting of
built or renovated after accommodations
part would impose an undue burden on
the notice commenced.
for the handicapped, disabled, blind, and
a carrier, that carrier may file a petition
elderly shall be incorporated into the de-
with the Interstate Commerce Commis-
Justification. This section provides a
sign of the facility. This shall include
sion, Washington, D.C., seeking waiver
means for the public to be informed of
ramps or elevators where steps are other-
of the applicability of that provision with
carriers' plans and to allow the public
wise required, doorways wide enough to
regard to particular services or (where
to express opinions and/or opposition.
accommodate wheelchairs, wide bath-
appropriate) seeking that particular
(c) Commuter service. In determining
room stalls with holding bars to accom-
services be treated as commuter services
whether a particular service should be
modate wheelchairs, lowered public tele-
notwithstanding failure to conform to
treated as a commuter service or not,
phones, and lowered drinking fountains.
the definition thereof. An original and
consideration will be given to whether
Justification. This section is directed
one copy of any such petition shall be
filed with the Commission, and the peti-
the service exhibits the usual character-
toward future design and construction of
tion shall embrace verified statements
istics of commuter service, such as (but
terminal facilities, and is intended to
setting forth all the evidence upon which
not limited to) provision for reduced
eliminate present inadequacies, and to
the carrier intends to rely in support and
fare, multiple-ride and commutation
assure that carriers are aware of their
justification of its request.
tickets, and peak morning and evening
responsibilities to this segment of the
Justification. This permits a carrier to
operations.
public.
seek approval from this Commission for
[FR Doc.75-18600 Filed 7-16-75;8:45 am]
FEDERAL REGISTER, VOL 40, NO. 138-THURSDAY, JULY 17, 1975
proposed Rule. Written comments, other
than proposals identifying Issues of spe-
cific fact, will be accepted until ten days
before commencement of public hear-
ings, but at least until Sept. 22, 1975. To
assure prompt consideration of a com-
ment, It should be identified as a "Cellu-
lar Plastics Rule Comment", and fur-
nished, when feasible and not burden-
some, in five copies.
Issued: July 23, 1975.
By direction of the Commission.
[SEAL]
CHARLES A. TOBIN,
Secretary.
[FR Doc.75-19093 Filed 7-22-75;8:45 aml
INTERSTATE COMMERCE
COMMISSION
[ 49 CFR Part 1063]
I Ex Parte No. MC-95]
INTERSTATE TRANSPORTATION OF PAS-
SENGERS BY MOTOR COMMON CAR-
RIERS
Adequacy of Service, Equipment, and
Facilities; Proposed Rulemaking
In FR Doc. 75-18600 appearing at page
30134 in the issue for Thursday, July 17,
1975, the Purpose Statement, which con-
stitutes the first paragraph of the docu-
ment, was printed incorrectly. It should
read as follows:
. Purpose. The Congress in enacting
section 216(a) of the Interstate Commerce
Act, 49 U.S.C. 316(a), contempleted that
motor common carriers of passengers
would provide safe and adequate service,
equipment and facilities for the transporta-
tion of passengers and their baggage. The
experiences of our field Investigators of the
Bureau of Operations, and increasing re-
ceipt of passenger complaints concerning
the activities of motor common carriers of
passengers, Indicate a clear and present
need to institute this proceeding to con-
sider the adoption of regulations with the
view toward eliminating the causes of pas-
senger dissatisfaction and Insuring full
compliance with section 216(a) of the
Act.
SECURITIES AND EXCHANGE
COMMISSION
[ 17 CFR Part 230 ]
[Release No. 83-5595; File No. S7-571]
Notification to State Securities
Administrators
The Commission today published for
comment a proposed amendment to Rule
310 (17 CFR 230.310) under Regulation B
under the Securities Act of 1933 ("Act")
which would require the furnishing of
satisfactory assurance to the Commission
that the relevant state securities admin-
istrators have been notified of a proposed
offering pursuant to Regulation B. Unless
such assurance is received, the offering
sheet would not become effective. The
Commission believes that the notification
of the state securities administrators
would facilitate the effective administra-
tion of the securities laws of the states, to
23, 1975
American
Coalition of
Room 308, 1346 Connecticut Avenue, N.W. (202) 785-4265
Citizens with
Washington, D.C. 20036
Disabilities
Inc.
April 13, 1976
Dear ACCD Member:
In today's mail, I received the attached material from James Raggio of the
Public Interest Law Center of Philadelphia. In view of its critical nature,
I strongly urge you to study it and to be prepared to take action in the
form of responding to the regulations and testifying at the public hearings.
Please do copy this material and circulate it widely, for the more people
we can get involved and acting the more able we will be to combat this situ-
ation. It is also important that you contact -- both in writing and in per-
son -- your congressmen and your senators urging them to take action to
correct the regulations and to give testimony on behalf of disabled citizens
of your state at the forthcoming public hearings on May 5th.
On Monday, April 5, 1976, while in Washington, I attended the oversight
hearings held by the Senate Subcommittee on the Handicapped, on the Reha-
bilitation Act of 1976. The UMTA administrator presented testimony which
essentially confirms what is said in the attached memorandum from James
Raggio. This is a serious matter and it will take much effort and hard
work on our part to effect any change. APTA is a strong, powerful group
with an effective lobby. The task before us is not easy but we must, and
we will, do it. Although we will try to send you the regs when they are
published, I urge you to watch for them in the federal register, or con-
tact your senator, or congressman, to request them.
Very truly yours,
Eunice Firito
EF:ah
Eunice Fiorito
Enc.
President
AMERICAN COALITION OF CITIZENS
WITH DISABILITIES, INC.
STATEMENT OF HANK BEASLEY
DIRECTOR, BARRIER FREE DESIGN
ON BEHALF OF THE PARALYZED VETERANS OF AMERICA,
THE AMERICAN COUNCIL OF THE BLIND,
AND THE AMERICAN COALITION OF CITIZENS WITH DISABILITIES
BEFORE THE DIRECTOR, URBAN MASS TRANSPORTATION ADMINISTRATION
REGARDING URBAN. TRANSIT BUS DESIGN
AND PERFORMANCE SPECIFICATION
MAY 5, 1976
Mr. Robert E. Patricelli and Members of the Director's Staff:
In reply to your solicitation for comments in the April 14, 1976 Federal
Registar, regarding certain issues about bus design and regulations:
Item 1 asked about mandating VS encouraging the use of transbus perform-
ance specifications and what date this action should take place. It
is our strong position that every new bus must incorporate the best
features developed during the transbus experiments. In view of execu-
tive order #11914, dated April 28, 1976, it is clear that mandatory
specifications and regulations must be issued and implemented as soon
as possible, and that it is no longer adequate to expend a special
effort to accomodate the handicapped.
The floor height of the bus should be set at 22 inches above the street
level. As borne out by the extensive report of Booz-Allen Applied
Research, Inc., dated January, 1976, this dimension is practical and
-2-
is easily attainable by different manufacturers. Although brakes
do overheat when air is restricted from ready access to the braking
system, this can be overcome by louvres or oil bath cooling systems
as demonstrated during the Transbus experiments.
The door width for both front and rear doors should be mandated at
40 inches, to allow for every eventuality. With a novel fare collec-
tion system, perhaps using coded cards, it may be easier and more com-
fortable to board a bus at the rear door, therefore, the specifications
should allow for some "free thinking" on the part of manufacturers.
We've been waiting patiently while in-depth studies were conducted
that relate to the handicapped as well as general engineering constraints
regarding the building and using of buses, and even participated in
some studies to a degree. The final reports are in and the cost data-
accurate or not-is available. Because the manufacturers did basic
design and building of vehicles, the only remaining problem is integrat-
ing these engineering changes into the existing production lines. In
our opinion, this shouldn't require more than 12 months.
The supportive actions that UMTA should take in furtherance of manda-
tory design changes is clearly spelled out in the President's executive
order. Simply stated, it says no money for those who don't comply.
As to item 2, this was a statement, but here are some opinions regarding
those statements: The step height of 14 inches is fairly standard
and acceptable-as long as a wheelchair can still board that bus; as
to part 1(b), the wheelchair accessibility package must be mandatory
and not an option as well as the level change device, unless the level
change is incorporated into the wheelchair accessibility package.
The same rise and run should apply to both the front and rear door-as
long as a wheelchair can negotiate to ingress and egress. The date
-3-
of compliance should be no longer than 12 months.
Bus manufacturers should be required to have a wheelchair package
of this date. It certainly is no surprise to them that a requirement
existed; was possible to design; and would be a necessary part of
buses for a number of years.
With some original thinking on the part of design engineers, a relatively
inexpensive wheelchair access device could be available to be used
to retrofit buses within one year. Such a device exists in Seattle,
Washington, according to information I received on April 27, 1976.
As to item 3, options such as rugs are more of a hindrance than a
help, and shouldn't be ordered. On the other hand, a public address
system, used to announce bus stops, is essential.
Competition is a faculty inherent in the engineering design group.
A clever engineering group can easily improve on many facets of the
composite transbus design and still maintain standardization specs.
on the basic bus. In the event you should need furt
In the event you should need further information, contact: The Paralyzed
Veterans of America, 7315 Wisconsin Ave., Suite 300W, Bethesda, Maryland
20014; or The American Council of The Blind, 1211 Connecticut Ave.,
N.W., Suite 506, Washington, D.C. 20036.
PUBLIC INTEREST LAW CENTER OF PHILADELPH
MEMORANDUM
TO
:
Transportation Advocates
FROM
:
James Raggio
SUBJECT
:
UMTA Regulations and TRANSBUS Hearings
DATE
: April 8, 1976
The Law Center has learned that UMTA intends to publish
regulations on transportation services for the disabled and elderly
next week and to hold hearings on the TRANSBUS program in May.
UMTA's current rulemaking position is summarized in the
attached memorandum from the American Public Transit Association.
Non-ambulatory and semi-ambulatory people segregated from the
rest of the handicapped population. The regulations will require all
new vehicles to include equipment features for facilitating access by
the ambulatory handicapped (e.g. lower steps, non-skid floor surfacing,
additional grab-rails). With regard to non-ambulatory and semi-
ambulatory people, the regulations will rely on the "special efforts"
language of the UMT Act and call for each locality, through its
regional planning body, to develop a service plan for needs identified
among the population. The plan will be required to appear in annual
Transportation Improvement Programs submitted after September 30,
1976; and local transit operators are expected to make good-faith
progress toward meeting the levels of service specified in the plan.
An advisory circular will be published with the regulations to
provide some general guidance on establishing local service standards.
The circular states, in effect, that regions should devote a significant
fraction of transportation resources to the needs of the non-ambulatory
and the semi-ambulatory, and that service levels should be reasonable
(comparable?) to the quality of service provided to the general public
and meet a significant fraction of actual needs identified through the
PUBLIC INTEREST LAW CENTER OF PHILADELPHIA
Memorandum to Transportation Advocates
April 8, 1976/Page Two
planning process. The circular also gives some examples of what UMTA considers
as reasonable measures to provide services to the non-ambulatory and the
semi-ambulatory, including a commitment to purchase only accessible vehicles
until 50% of a fleet is accessible; a substitute service that assures non-ambulatory
and semi-ambulatory people two round-trips per day; or devotion of a dollar
amount equivalent to 5% of the region's apportionment under Section 5 of the
UMT Act. These examples are merely illustrative of what localities should
be doing and there are numerous other alternatives that could be devised. The
important point, however, is that the guidelines set down in the advisory circular
will apparently have no binding effect, and no provision has been made for certi-
fying or monitoring local efforts and affecting compliance with service plans.
The absence of any provision at the federal level for enforcing locali-
ties to meet any specific service standard raises serious questions as to whether
UMTA's latest rulemaking effort represents a workable solution to the access issue wi
out outside impetus, local transit operators are unlikely to make more than minimal effor
to respond to the needs of their handicapped population. As the APTA memo indi-
cates, an expenditure equivalent to 5% of a region's Section 5 fund apportionment
might serve as a means for determining whether localities are meeting their
responsibilities under the regulations. Again, it is unclear whether UMTA intends
to hold localities accountable even under this standard; and if the figure did serve
as a bottom line test, whether the funds made available would be adequate to address
the needs of the non-ambulatory and the semi-ambulatory.
The 5% formula apparently bears no relationship to estimated costs
of accessibility improvements to meet the needs of the non-ambulatory and the
semi-ambulatory. Approximately $4 billion has been allocated under Section 5
of the UMT Act for fiscal years 1976 and 1981, making less than $200 million
available over the next 4 to 5 year period under the 5% formula for capital
equipment and service improvements. Assuming that features for making buses
accessible to the non-ambulatory and semi-ambulatory cost $10, 000 per vehicle
and 5000 urban transit buses are purchased each year, if local transit operators
decided to make all or a significant percentage of their fleets accessible, there
would not be sufficient funds available for developing feeder-distributor linkages.
Reliable cost estimates for specialized or substitute services for the non-ambulatory
and the semi-ambulatory have yet to be developed, but the 5% formula does not
appear to be adequate for maintaining comparable service levels as provided for
the general public. Furthermore, if funds allocated under Section 16(b)(2) of the
UMT Act (approximately $20 million a year) are counted under the 5% formula,
expenditures expected by local transit operators for capital equipment and service
improvements would be considerably lowered.
PUBLIC INTEREST LAW CENTER OF PHILADELPHIA
Memorandum to Transportation Advocates
April 8, 1976/Page Three
The regulations also fail to establish accessibility standards for new
buses. The Law Center has been informed, however, that UMTA and the major
bus manufacturers have agreed that all new vehicles, starting with General Motor's
RTS II, will offer a lift device as an option. This matter will be covered in the
announcement on public hearings concerning the TRANSBUS which should appear
in the Federal Register around the time the regulations are released. The
TRANSBUS hearings will be principally concerned with the need for a low floor vs.
a high floor bus. The UMTA Administrator will make a determination based on
the hearings whether to continue, modify, or drop the TRANSBUS program. One
point should be made about the accessibility option for the RTS II. General Motor's
bus will have a narrow front door and wide rear door, so a lift device could only
be fitted into the rear door. There are serious questions as to whether a rear
door lift would be acceptable to either the passenger or the transit operator.
As the APTA memo points out, UMTA believes that the new regulations,
the advisory circular, and TRANSBUS hearings will lead to settlement or dismissal
of pending lawsuits. Litigation strategies need to be reevaluated in the face of
these developments. To the extent that the new UMTA regulations and the decision
on the TRANSBUS do not address the issue of accessibility standards for new
capital equipment, the claim must be pressed that accessibility for the non-
ambulatory and the semi-ambulatory be the norm for new equipment designs. In
this regard, Section 504 of the Rehabilitation Act of 1973 takes on increased
importance in challenging design inpediments that restrict access to services. At
least two courts have found remedies for handicapped plaintiffs in education and
employment settings under Section 504. Hairston V. Drosick, Civ. No. 75-0691
CH (S.D. W. Va., January 14, 1976); Gurmankin V. Costanzo, Civ. No. 74-2980
(E.D. Pa., March 29, 1976). The Department of Transportation's regulations
under Title VI of the Civil Rights Act of 1964, 49 C.F.R. Section 21 et seq.,
also provide a basis for challenging design impediments as discriminatory under
Section 504 in that Section 504 is modelled after Title VI. To the extent that issue
becomes one of integrating or mixing transit and para-transit services to assure
overall access to a transportation system, or that lawsuits involve claims for
service equity; courts may give deference to UMTA's position of leaving these
determinations up to local processes. In that the UMTA regulations and advisory
circular lack any workable operational objectives or guidelines, the role of the local
lawsuit becomes one of negotiating acceptable standards and criteria, and monitoring
development and implementation of service plans. Courts must be persuaded to
retain jurisdiction over pending suits and regional planning bodies joined as
defendants. Plaintiffs must be prepared to refute the 5% Section 5 apportionment
formula, with needs analyses and cost data serving as a basis for determining
adequacy of service levels.
Further development of strategies will have to await publication of the
regulations and advisory circular, and the hearings and decision on the TRANSBUS.
PUBLIC INTEREST LAW CENTER OF PHILADELPHI
Memorandum to Transportation Advocates
April 8, 1976/Page Four
The general direction of UMTA's policies should be taken into account now,
however. The Law Center will keep you informed as additional information
becomes available and as analyses and strategies are developed.
As for the TRANSBUS hearings, national organizations of the disabled
and the elderly must be prepared to take a firm position on the necessity of
developing a low floor, wide door vehicle as the solution to the accessibility
issue and to impress upon UMTA that access to transportation is an issue affect-
ing a much broader group than wheelchair users. We would hope that as many
organizations as possible participate in the hearings and that planning and
coordination for the hearings be addressed at meetings of the American Coalition
of Citizens with Disabilities and the President's Committee on Employment of
the Handicapped which convene later this month.
JJR/dlg
PROPOSED RULES
30134
taken or planned with respect to the
tems, other equipment accommodations
(c) "Facility" means any building C
excessive MUF, including the licensee's
and buses free of defective conditions
structure provided by or on behalf of
plans and schedules for relnventory pur-
adverse to a passenger's comfort and
carrier at or near which buses stop
health, and (6) require special assist-
pick up or discharge passengers.
suant to 70.51(e) (11) and steps taken
for recovery if a theft or diversion is in-
ance and terminal facilities for handi-
(d) "Terminal" means a facility or
capped, disabled, blind and elderly pas-
erated by or used by a carrier, under con
dicated; and
(2) The limits of uncertainty
sengers. This summary and the proposed
tract or otherwise, the primary purpos
rules are merely representative of the
of which is to furnish passengers with
(LEMUF) for a material balance, if the
matters and things here under investi-
services and accommodations in conner
LEMUF exceeds any applicable LEMUF
gation and are not intended to be all in-
tion with transportation.
limits specified in 70.51(e) (5) or ap-
proved pursuant to $ 70.51 (6).
clusive; they should not be construed as
(e) "Station" means a facility ope:
limiting in any manner the scope of this
ated by or on behalf of a carrier, whe:
Included in the LEMUF report shall be
proceeding which is designed to enable
tickets are sold, but which is not include
a statement of the probable reasons for
this Commission to take all action with
in the term "terminal."
the LEMUF and actions taken or
respect to the practices of motor com-
(f) "Service" means the operation
planned with respect to the excessive.
mon carriers of passengers as the facts
a bus or buses for the transportation
and circumstances developed on the rec-
passengers between authorized points
LEMUF.
ord in this proceeding may justify or re-
over authorized routes.
(Secs. 53, 161, Pub. Law 83-703, 63 Stat. 930,
(g) "Commuter service," notwit
948; sec. 201 (f), Public Law 93-438, 83 Stat.
quire.
1243; (42 U.S.C. 2073, 2201, 5841))
Hearings will be scheduled for the
standing the provision of 1306.0(d)
receiving of testimony in this proceeding
this chapter, means the transportation
Dated at Washington, D.C., this 14th
as a need therefor shall appear. All in-
of passengers on buses moving wholly b
day of July 1975.
dividuals or groups wishing to partici-
tween points which are not more that
For the Nuclear Regulatory Commis-
pate at oral hearings are requested to
50 miles apart as measured by air li
send an informal letter on or before
distances, except where through-bu
sion.
SAMUEL J. CHILK,
August 31, 1975 to:
connecting, or interline service is pr
Secretary of the Commission.
vided to or from points more than s?
Mr. Robert L. Oswald, Secretary. Interstate
50 miles distant.
[FR Doc.75-18500 Filed 7-16-75;8:45 am]
Commerce Commission, Washington, D.C.
(h) "Special-event service" mea
20423.
the transportation of passengers in Sp
INTERSTATE COMMERCE
The letter should state the general na-
cial operations, in one-day round-t:
COMMISSION
ture of the oral presentation and indicate
movements to and from sporting even
which city would be most convenient to
theatrical presentations, or other simil
[49 CFR Part 1053
present the statement.
public activities.
[Ex Parte No. MC-95]
The Commission will make every effort
(i) "Baggage" means the property
INTERSTATE TRANSPORTATION OF PAS-
to hold hearings at those cities which will
a passenger enclosed in a suitcase, trui
SENGERS BY MOTOR COMMON CAR-
be most convenient to the greatest num-
package, container, or other receptad
ber of passengers.
(j) "Restroom" means a room in a
RIERS
By the Commission.
or terminal equipped with a toilet, was
Adequacy of Service, Equipment, and
bowl, soap, mirror, wastebasket, 2
Facilities Proposed Rulemaking
[SEAL]
ROBERT L. OSWALD,
toilet paper for the use of bus pass
0 Purpose. The Congress in enacting
Secretary.
gers.
section 216(a) of the Interstate Commerce
Sec.
Act, 49 U.S.C. 316(a), contemplated that
1063.3 Ticketing and information.
1063.1
Applicability.
motor common carriers of passengers
1063.2
Definitions.
(a) Information service. (1) Dur
would provide safe and adequate service,
1063.3
Ticketing and information
hours of operation at each terminal
equipment and facilities for the transporta-
1063.4
Baggage service.
station, information shall be provi
tion of passengers and their baggage. The
1063.5
Terminal facilities.
as to carrier schedules, tickets, fa
experiences of our field investigators of the
1063.6
Service responsibility
1063.7
Equipment.
baggage, and other services.
Bureau of Operations, and increasing re-
ceipt of passenger complaints concerning
1063.8
Accómmodations for bandicapped,
(2) Every employee or agent of a C
the activities of motor common carriers of
disabled, blind, and elderly.
rier who sells or offers to sell tickets
passengers, indicate a clear and present
1063.9
Identification--bus and driver
who provides information concern
need to institute this proceeding to con-
1063.10
Relief from provisions,
tickets and services provided by the
sider the adoption of regulations with the
1063. Applicability.
rier, shall be competent by reason of
view toward eliminating the causes of pas-
perience, training, or the like to cong
senger satisfaction and insuring full com-
(a) The regulations in this part apply
such activities. Each carrier shall ins
pliance with section 216(a) of the Act.
to all motor common carriers of pas-
such qualifications and shall keep a
sengers subject to Part II of the Inter-
Proposed regulations, and a short
ord of the manner in which they h
state Commerce Act which operate over
justification for each, are set forth below.
been determined for each employee
regular routes or conduct special opera-
Briefly stated, the proposed rules will,
agent.
tions.
among other things, (1) require more
(b) The regulations of this part shall
Justification. This section will as
responsive information to passengers and
not apply to charter operations con-
passengers in obtaining vital travel
prospective passengers concerning sched-
ducted by motor common carriers of pas-
formation in terminals and agency
ules, tickets, fares, baggage and other
sengers, whether such operations are
tions. Many passengers depend on
services, (2) establish high priority for
conducted under specific authority, pur-
terminal information services for
the transportation of baggage, require
suant to the provisions of section 208(c)
planning and budgeting and for g
security for baggage and also certain
of the Interstate Commerce Act, or over
ance in the use of terminal facili
other safeguards to provide immediate
certificated regular routes.
Often passengers arrive in places
search for lost or misplaced baggage and
are new and unknown to them witl
faster settlement of claims for lost bag-
1063.2 Definitions.
any source of information other
gage, (3) require terminals at certain
(a) "Carrier" means a motor common
that provided by the carrier. Compla
cities or communities and minimum
carrier of passengers as set forth in
received indicate that available infor
terminal facilities and accommodations
§ 1063.1(a)
tion is inadequate and that inaccu
for comfort and safety of passengers,
(b) "Bus" means a passenger-carrying
fare and schedule information is g
(4) require notice before schedule
vehicle usd by a carrier in its authorized
The requirement for the keeping of
changes, seating and a reservation sys-
operations, regardless of the design or
ords on employees' and agents' tr
tem. (5) require buses to be equipped
seating capacity of the vehicle.
ing or experience provides a means
with operable cooling and heating sys-
FEDERAL REGISTER, VOL 40, NO. 138 THURSDAY, JULY 17, 1975
PROPOSED RULES
30137
service and proper connections, it is pro-
extra equipment cannot be made readily
vided for commuter operations and the
posed that schedules be more carefully
available a reservation system shall be
prepared and be subject to careful
necessity for restrooms only in the event
established for that service. Such reser-
scrutiny.
the carrier decides to eliminate rest stops,
vations shall be ávailable at each ter-
this section is compatible with present
(b) Continuity of service. Except as
minal or station where passengers may
bus equipment and insures passenger
provided in 49 CFR 1042.2(c) (6), no
board, and the reservation ticket shall
comfort.
carrier shall make any change in an
show the name of the passenger on its
existing regular-route schedule without
face.
(c) Restrooms. On-board restrooms
first filing a written notice with the
shall be clean, sanitary and free of of-
Justification. There are no uniform
Regional Office of the Interstate Com-
fensive odor, and regularly maintained.
standards among carriers concerning
merce Commission in all regions affected
There shall be a record of such mainte-
standees or guaranteeing a ticket holder
by the schedule change. A copy of such
nance carried on the bus which shall
transportation, consequently some car-
notice shall be displayed by the carrier
show the date, time, location, and person
riers may allow passengers to stand,
continuously in a conspicuous place in
performing such maintenance.
while others require passengers to wait
each facility affected and on each bus
for a second section or for the next
Justification. This section will require
providing the affected services. Such
schedule when a coach is full. This sec-
that such equipment be regularly serv-
notice shall be displayed for at least 30
tion will assure a passenger of trans-
iced and that carriers assume the re-
days before it becomes effective and shall
portation under ordinary circumstances
sponsibility for recording maintenance
contain the carrier's name, a descrip-
and will also require carriers to provide.
activities. Passengers should not be sub-
tion of the proposed schedule change, the
a reservation service in lieu of guaran-
jected to substandard on-coach facilities
effective dates thereof, the reasons for
teed service.
that we have already sought to prohibit
the change, the availability of alternate
at terminals and rest stops. On-coach
service, and the name and address of the
(e) Inspection of rest stops. No carrier
restrooms can cause serious problems if
responsible carrier official or representa-
shall establish rest stops which have not
not properly maintained and serviced.
tive to whom passengers may comment
been inspected by its personnel. The
and seek information.
carrier shall make periodic inspections
(d) Bus servicing. Each bus shall be
of all rest stops used by its services and
kept clean and sanitary, with all required
Justification. Presently there are no
shall keep records of such inspections
items in good repair and working order.
standards governing the changing or dis--
showing the date of each inspection, the
Regular cleaning shall be performed and
continuance of schedules on intercity
items inspected and their condition, and
a continuing record shall be kept on the
routes. Revisions with little notice to the
the name of the person conducting the
bus indicating the last servicing time,
public cause hardship to members of the
inspection. A checklist may be used.
location, and person performing the
traveling public and generate complaints.
servicing.
This posting requirement provides pás-
Justification. This is intended to elim-
sengers adequate time to plan for
inate inconsistency between terminal
Justification. This section will elimi-
changes and to adjust accordingly or to
facilities and those enroute stops referred
nate the practice of establishing sched-
obtain information on substitute service.
to as rest stops. Passengers complain of
ules for bus cleaning functions upon
It also provides a means for the pas-
uncleanliness of rest stops while carrier
operational considerations rather than
senger to get information or voice op-
management professes inability to dic-
on passenger comfort. Much bus main-
position directly to carriers and for
tate to private businesses or rest stop
tenance is established upon mileage
Commission field staff to be informed
operators. The section provides that a
and/or calendar periods while the serv-
and make a review if appropriate. This
carrier may not use such facility until it
icing contemplated here refers to passen-
recognizes changes in schedules due to
is inspected. The facility must be requal-
ger exposure. Although the proposed rec-
unexpected emergency conditions and
ified periodically by inspection. Records
ords are general in nature, they should
the use of any other practicable highways
shall be kept to permit surveillance of
provide an opportunity to monitor pas-
as permitted by § 1042.2(d) (6) of this
carrier compliance efforts.
senger comfort.
chapter.
1063.7 Equipment.
1063.8 Accommodations for handi-
(c) Trip interruptions. Carriers shall
(a) Temperature control. All buses
capped, disabled, blind, and elderly.
mitigate, to the extent possible, the in-
used to provide service (except com-
(a) Transportation. No carrier shall
convenience suffered by passengers
muter services) subject to this part shall
deny transportation to any person on the
whose travel plans are disrupted by the
be equipped with operable temperature
basis of a handicap, physical disability,
action or negligence of the carrier. This
control equipment that will provide a
or blindness, or because that person can-
mitigation may take the form of bridg-
temperature of at least 60 degrees above
not board a bus without assistance, pro-
ing a missed connection, providing food,
zero Fahrenheit and no higher than 80
vided that such person can occupy a seat
shelter, or alternate transportation, or
degrees above zero Fehrenheit.
without disturbing other passengers. A
other appropriate remedy acceptable to
Justification. This section is intended
guide. or seeing-eye dog or other guide
the passenger.
to eliminate the use of bus equipment
dog specially trained for that purpose
Justification. The intent of this pro-
that does not maintain adequate tem-
shall be provided free passage when ac-
posal is to eliminate to some degree the
perature control. The requirements are
companied by a blind person.
stranding of passengers with no alternate
consistent with Amtrak standards and
Justification. The purpose of this sec-
transportation, assistance or informa-
are in response to passenger demands for
tion is to eliminate the practice of re-
tion. This will require the uniform as-
traveling comfort.
fusing to transport handicapped and
sumption of responsibility for passen-
gers.
(b) Accommodations. Each bus used
disabled persons. Often bus transporta-
to provide service subject to this part
tion is the only available mode of trans-
(d) Seating and reservations. Carriers
with seating for more than 14 passengers
portation in many sections of the country
shall provide buses in sufficient numbers
(not including the driver), except those
and a responsibility exists for common
to meet the normal travel demands of
in commuter or special-event service,
carriers to provide such a service to the
passengers, including ordinary weekend
shall have operable reclining seats with
handicapped, disabled, blind and elderly,
and usual seasonal or holiday demand.
foot rests, reading lights, luggage racks,
providing that their passage will not be a
Passengers shall be guaranteed passage
and a restroom. A bus may be operated
disturbing influence to other passengers.
and seating, except on commuter serv-
without a restroom if a rest stop is made
ices, to the extent reasonably possible.
at least once every two hours.
(b) Assistance. All carriers shall, upon
advance notice of 30 minutes or more,
If a carrier is unable to guarantee such
passage and seating on any particular
Justification. This specifies certain
provide assistance to handicapped, dis-
service, except in the event of unpre-
minimum standards for buses which have
abled, blind, and elderly passengers in
dictable or unexpectably high demand
a direct impact on passenger comfort.
boarding buses; such assistance may in-
at an intermediate service point where
Most are already provided, but without
clude advance boarding and seating.
consistency. With the exemption pro-
Carriers shall provide assistance to such
passengers on request in the use of ter-
CONT
FEDERAL REGISTER, VOL 40, NO. 138-THURSDAY, JULY 17, 1975
30138
PROPOSED RULES
minal accommodations and baggage
1063.9 Identification-lus and driver.
relief from requirements of this part
service. At all terminals there shall be
which would impose an undue burden
Each bus operated and each driver
prominently displayed 8 notice stating
on the carrier.
employed to provide service subject to
where and from whom such assistance
this part shall be identified in a legible
(b) Notice to the public. Notice of the
may be obtained.
manner visible to passengers. The driver
filing of any such petition shall be pro-
Justification. It is important that this
may be identified by name or company
vided by the carrier to the traveling
segment of our population be given every
number.
public for at least 30 days, displayed con-
consideration. Advance notice is intended
Justification. The purpose of this sec-
tinuously in 2 conspicuous place in each
to eliminate operational delays and per-
tion is to assist passengers in identifying
facility affected or served by an affected
mit carriers to provide for advance
service and on each bus affected or serv-
drivers and equipment used by them
boarding. A notice to the effect that such
while traveling in interstate commerce.
ing an affected facility. Such notice shall
service is available will avoid last minute
contain the carrier's name and address,
Often it is not possible to reconcile an
confusion and uncertainty and inform
a clear and concise description of the
individual driver or specific equipment
the public of the availability of such'
with a particular incident. A lack of such
relief sought and the reasons therefor,
and a statement that any interested per-
service.
specific identification hinders study or
corrective action by both the carriers and
son may file written comments concern-
(c) Terminal accommodations. (1) All
ing the relief sought with the Interstate
terminals shall be designed and con-
the Commission.
Commerce Commission; Washington,
structed so that accommodations are ac-
1063.10 Relief from provisions.
D.C. (with one copy mailed to the car-
cessible to handicapped, disabled, blind,
(a) Petitions. In any situation where
rier) on or before a specific date not
and elderly passengers.
compliance with any provision of this
earlier than 30 days after the posting of
(2) At all terminals which are newly
built or renovated after accommodations
part would impose an undue burden on
the notice commenced.
for the handicapped, disabled, blind, and
a carrier, that carrier may file a petition
Justification. This section provides a
elderly shall be incorporated into the de-
with the Interstate Commerce Commis-
means for the public to be informed of
sign of the facility. This shall include
sion, Washington, D.C., seeking waiver
carriers' plans and to allow the public
ramps or elevators where steps are other-
of the applicability of that provision with
to express opinions and/or opposition.
wise required, doorways wide enough to
regard to particular services or (where
appropriate) seeking that particular
(c) Commuter service. In determining
accommodate wheelchairs, wide bath-
services be treated as commuter services
whether a particular service should be
room stalls with holding bars to accom-
modate wheelchairs, lowered public tele-
notwithstanding failure to conform to
treated as a commuter service or not,
phones, and lowered drinking fountains.
the definition thereof: An original and
consideration will be given to whether
one copy of any such petition shall be
the service exhibits the usual character-
Justification. This section is directed
filed with the Commission, and the peti-
istics of commuter service, such as (but
toward future design and construction of
tion shall embrace verified statements
terminal facilities, and is intended to
setting forth all the evidence upon which
not limited to) provision for reduced
the carrier intends to rely in support and
fare, multiple-ride and commutation
eliminate present inadequacies, and to
justification of its request.
tickets, and peak morning and evening
assure that carriers are aware of their
Justification. This permits a carrier to
operations.
responsibilities to this segment of the
seek approval from this Commission for
[FR Doc.75-18600 Filed 7-16-75;8:45 an]
public.
hey,
for your
info
Eunice
MASSACHUSETTS COUNCIL OF ORGANIZATIONS OF THE HANDICAPPED, INC.
10 West Chardon Street, Winchester, MA 01890
December 23, 1975
Congressman Gerry E. Studds
The Longworth Office Building
Room 1511
Washington, D.C. 20515
Dear Congressman Studds,
We are writing to you in support of S. 662 and H.R. 3155. These
pieces of legislation are of prime interest to us in our quest for
equality in transportation. We particularly feel that H.R. 3155,
which specifically states transportation to be provided for "wheelchair-
bound persons, is a most needed codifying amendment. Although we
realize that the UMTA Act has gone a long way to make public trans-
portation a future reality for the disabled, we feel the two previously
mentionned bills will go a long way in adding strength to our position.
We would appreciate your full support in these matters.
Sincerely,
Maureen Winn
Maureen Winn, President
Massachusetts Council of Organizations of the Handicapped, Inc.
cc: Eunice Fiorito, President
American Coalition of Citizens with Disabilities
MW/as
MASSACHUSETTS COUNCIL OF ORGANIZATIONS OF THE HANDICAPPED INC.
10 West Chardon Street, Winchester, MA 01890
December 23, 1975
Senator Edward Kennedy
Senate Office Building
Washington, D.C.
Dear Senator Kennedy,
We wish to add our support for H.R. 11045. This piece of legislation
is vital to the extension of the Rehabilitation Act. Even though we
are pleased with the House action we would like to see limitations
to the extension of the Act to one year with manditory hearings. We
believe this to be crucial to meaningful continuity of this most
vital legislation for the handicapped.
Thank you for your continuing support.
Sincerely,
Maureen Winn
Maureen Winn, President
Massachusetts Council of Organizations of the Handicapped, Inc.
cc: Eunice Fiorito, President
American Coalition of Citizens with Disabilities
MW/as
MASSACHUSETTS COUNCIL OF ORGANIZATIONS OF THE HANDICAPPED, INC.
10 West Chardon Street, Winchester, MA 01890
December 23, 1975
Senator Edward Brooke
Senate Office Building
Washington, D.C.
Dear Senator Brooke,
We wish to add our support for H.R. 11045. This piece of legislation
is vital to the extension of the Rehabilitation Ace. Even though we
are pleased with the House action, we would like to see limitations
to the extension of the Act to one year with manditory hearings. We
believe this to be crucial to meaningful continuity of this most
vital legislation for the handicapped.
Thank you for your continuing support.
Sincerely,
Maureen Winn,
Maureen Winn, President
Massachusetts Council of Organizations of the Handicapped, Inc.
cc: Eunice Fiorito, President, American Coalition of Citizens with Disabilities
MW/as
American
Coalition of
Room 308, 1346 Connecticut Avenue, N.W.
(202) 785-4265
Citizens with
Washington, D.C. 20036
Disabilities
Inc.
Reply to : Lex Frieden, Research Director
New Options Transitional Project
T.I.R.R.
105 Drew St.
Houston, Texas 77006
May 7, 1976
Senator Bob Dole
United States Senate
Washington, D. C. 20510
Dear Senator Dole,
I would like on behalf of the American Coalition of Citizens with
Disabilities to offer support for the concept of your Senate Bill
103.
We believe that this is a needed measure of assistance for persons
who cannot use available public transportation. We still believe
that all public facilities and services should be accessible to all
citizens, regardless of disability. However, measures of the sort
you propose are needed to alleviate unfair and unnecessary financial
burdens.
Please advise me of the current status of legislation in this area
and allow me to comment on any issues which may arise. Also, I would
be pleased to assist you by providing information, support, or encour-
agement to any of your colleagues on these matters.
Sincerely yours,
Lex Frieden
Chairman, Governmental
Relations Committee
A.C.C.D.
LF/asm
BOB DOLE
STANDING COMMITTEES:
KANSAS
AGRICULTURE AND FORESTRY
BUDGET
FINANCE
United States Senate
SELECT AND SPECIAL COMMITTEE
NUTRITION AND HUMAN NEEDS
WASHINGTON, D.C. 20510
May 17, 1976
Lex Frieden, Research Director
New Options Transitional Project
T.I.R.R.
105 Drew Street
Houston, Texas 77066
Dear Mr. Frieden:
Thank you for your recent letter inquiring about S. 103, the
bill which I introduced to benefit handicapped employees.
Unfortunately, this bill has had not action taken on it, and
none is scheduled. It is pending before the Handicapped Sub-
committee, of the Labor and Public Welfare Committee.
Appreciate knowing of your interest and support of this legis-
lation, and am sorry that its status is so dismal at this
time.
Sincerely yours,
BOB DOLE
United States Senator
BD/mw
H. M. Donaldson
May 29, 1975
SENATE BILL 876
AN ACT RELATING TO THE PHYSICALLY DISABLED
BY: SENATOR P. THOMAS
BILL SUMMARY:
An Act amending 413.08 (1) (a), Florida
Statutes, entitling the physically
disabled to equal accommodations.
EVALUATION:
The blind and the visually handicapped
and the physically disabled are entitled
to full and equal accommodations, advan-
tages, facilities and privileges on all
common carriers, airplanes, motor vehicles,
railroad trains, motor buses, streetcars,
boats, or any other public conveyances or
modes of transportation
Subject only to
the conditions and limitations established
by law and applicable alike to all persons.
The definition of physically handicapped is
subject to many interpretations. There are
certain levels of handicap that cannot
readily be accommodated by all modes of
public transportation, particularly with
an effective date of October 1, 1975. To
open public transportation to undefined
levels of physical disability would subject
the carriers to unknown- amounts of liability
and possible litigation.
PROPOSED ACTION:
Recommend the DOT oppose passage of this
bill, subject to including an amendment
which defines the degree of physical
handicapped which must be accommodated.
See attached American Public Transit
Association definitions. The DOT should
support passage to provide for levels (d)
and (e) of handicap.
APTA RECOMMENDATIONS ON PROPOSED REGULATIONS FOR
ELDERLY AND HANDICAPPED TRANSPORTATION SERVICES - REGULATORY DOCKET
(No. 74-3)
SS 609.1 Purpose - Acceptable
SS 609.3 Definitions - APTA recommends the following rewording of this
section:
As used herein:
"Elderly person" means any individual age 65 or over.
Mass Transportation Handicapped Definitions
(a) General Definition - A mass transportation handicap is any
incapacity or disability which results in the inability of
a person to perform one or more of the following functions
necessary for the effective use of mass transportation faci-
lities without significant difficulty:
(1) Negotiating a flight of stairs or escalator.
(2) Boarding or alighting from a standard bus or train.
(3) Standing in a moving bus or train.
(4) Reading informational signs.
(5) Hearing announcements by train conductors or bus drivers
(b) Non-Mobile Mass Transportation Hendicapped means any handicapped
person whose incapacity or disability confines that person to
his or her home or an institution and for that reason the use of
public transportation services is not a reasonable expectation.
(c) Semi-Mobile, Non-ambulatory Mass Transportation Handicapped
means any handicapped person whose incapacity or disability
will not allow that person to walk even with the assistance
of devices, but with the assistance of an attendant would have
the personal mobility and independence in a wheel-chair to a
degree that use of appropriate public transportation services
would be a reasonable expectation.
(d) Mobile, Non-ambulatory Mass Transportation Handicapped means
any handicapped person whose incapacity or disability will not
allow that person to walk even with the assistance of devices,
but who without the assistance of an attendant has the personal
mobility and independence in a wheel-chair to the degree that
use of appropriate public transportation services would be a
reasonable expectation.
(e) Semi-ambulatory Mass Transportation Handicapped person means
any person whose incapacity or disability causes that person
to walk or negotiate changes in grade with difficulty or inse-
curity and/or with the assistance of walkers, crutches, canes
or other such devices, and for whom regular public transporta-
tion services may be a reasonable expectation.
R-63
(f) Mobile, Sensory Mass Transportation Handicapped person means
any person whose handicap relates to a degree of visual, audio
or mental or psychological impairment or disability
(g) Non Eligible Handicapped Person means a person who may be suffi-
ciently handicapped to meet one of the previous definitions but
who is not eligible for the use of public transportation for one
or more of the following reasons:
(1) That person is mentally deficient to the point of a likely
inability to cope with the normal circumstances of using
public transportation.
(2) That person has a contagious disease.
(3) That person may be a hazard to himself, other passengers or
to the safe operation of the transit vehicle.
Rationale: The above changes and additions are needed to make a
distinction among the many types of handicaps as they relate to
mass transportation use.
Level-entry vehicle - Acceptable
Step-entry vehicle - Acceptable
"Substantially rehabilitated or modernized" means any alteration of
a specific fixed facility designed for the every day use of the pub-
lic and/or physically handicapped employees when such alteration
involves twenty-five percent (25%) or more of the replacement cost
of that facility at the time of grant applications.
Rationale: The proposed rule does not give clear guidance concern-
ing when an existing fixed facility must be made accessible to the
non-ambulatory handicapped.
In its present form, the proposed rule can be interpreted either as
requiring full accessibility or permitting partial accessibility
through altering existing portions and furnishings within the facility.
The addition to the definitions proposed above by the subcommittee
would establish the point at which the requirement for full accessi-
bility is triggered.
SS 609.7 Waiver - The last sentence of this section of the proposed rule should
be revised as follows:
The Administration may require that any request for waiver of any pro-
vision of these regulations (must) be presented for comment at a (the)
public hearing. (Required prior to submission of a project applica-
tion to UMTA)
Rationale: In its original form, the proposed rule requires that all
waivers be the subject of a public hearing prior to submission of a
project application to UMTA.
The subcommittee believes that the Administrator ought to have discre-
tionary authority where waivers are concerned, particularly because
some requirements for waivers may develop after the project applica-
tion has been submitted and public hearing on it have been held.
SB 876
-Regular 1975-
By Senator (s) P. Thomas
1
?
3
A bill to be entitled
&
An act relat
sically disabled;
5
acending S. 413.08 (1) (a), Florida Statutes,
6
1974 Supplement, entitling the physically
7
disabled to equal acconodations; providing an
a base cost $5.53
for dis-
8
effective date.
9
10
Be It Enacted by the Legislature of the State of Florida:
promulga at of
per copies 1.18 per page
tribution for the purpose of informing members of the Legis-
11
12
Section i. Paragraph (a) of subsection (1) of section
13
413.08, Florida Statutes, 1974 Supplement, is amended to read:
lature and the public of actions of the Senate.
14
412.08 Equal acconmodations for blind, and visually
15
handicapped and physically disabled: unlawful to prohibit or
16
interfere with: guide dog allowed to accompany.--
17
(1) (a) The blind and the visually handicapped and the
SESSION.
18
physically disabled are entitled to full and equal
This public document was
printed page for 800
19
accomsodations, advantages, facilities, and privileges on all
20
connon carriers, airplanes, motor vehicles, railroad trains,
21
motor buses, streetcars, boats, or any other public
22
conveyances or modes of transportation and at botels, lodging
23
places, places of public accommodation, asusement or resort,
24
and other places to which the general public is invites,
25
subject only to the conditions and limitations established by
26
lav and applicable alike to all persons.
27
Section 2. This act shall take effect October 1,, 1975.
28
SENATE SUMMARY
29
Amends $413.08(1) (a), F.S., 1974 Supp., to entitle the
30
physically disabled to equal accommodations. Effective
October 1, 1975.
31
CODING: Words in streek Hrough type are deletions from existing law: words underlined are additions.
Enrolled
S.B. No. 27
1
AN ACT
2
relating to the provision of special identifying registration
3
devices on license plates for vehicles operated by or for the
4
transportation of certain disabled persons; providing fees,
5
procedures for issuance, and certain parking privileges;
6
prohibiting registration both under this Act and Section 5e,
7
Chapter 88, General Laws, Acts of the 41st Legislature, 2nd Called
8
Session, 1929, as amended (Article 6675a-5e, Vernon's Texas Civil
9
Statutes); defining an offense and providing a penalty; and
10
declaring an emergency.
11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12
Section 1. The State Highway Department shall provide for
13
the issuance of specially designed symbols, tabs, or other devices
14
to be attached to the license plates of motor vehicles regularly
15
operated by or for the transportation of permanently disabled
16
persons. Such devices shall be of a design prescribed by the
17
department and shall have the word "Disabled" printed thereon.
18
They shall be issued in addition to regular license plates in
19
years in which license plates are issued or as the legal
20
registration insignia in years in which license plates are not
21
issued.
22
Sec. 2. A person is "permanently disabled" if he has lost,
23
or lost the use of, both legs or is so severely disabled as to
24
be unable to ambulate without the aid of a wheelchair or other
25
mechanical device. Owners of motor vehicles regularly operated
1
MIC
S.B. No. 27
1
by or for the transportation of such persons may make application
2
to the department through the county tax collector of the county
3
in which they reside for the special symbol, tab, or other device
4
on a form prescribed and furnished by the department. The first
5
such application must be accompanied by acceptable medical proof
6
that the operator or regularly transported passenger is currently
7
and permanently disabled.
8
Sec. 3. Such applications shall be submitted to the county
9
tax collector of the vehicle owner's resident county and shall
10
be accompanied by the annual registration fee prescribed by law
11
for the particular vehicle being registered plus $1. The county
12
tax collector shall forward the $1 fee to the State Highway
13
Department for deposit in the State Highway Fund to defray the
14
cost of providing the specially designed symbols, tabs, or other
15
devices.
16
Sec. 4. Only one such set of devices shall be issued for
17
a passenger vehicle operated by or for the transportation of a
18
permanently disabled person for noncommercial use.
19
Sec. 5. The State Highway Department shall furnish the
20
special devices to the appropriate county tax assessor-collector.
21
Sec. 6. Any vehicle upon which such special devices are
22
displayed, when being operated by or for the transportation of
23
a permanently disabled person, shall be allowed to park for
24
unlimited periods in any parking space or parking area designated
25
specifically for the physically handicapped.
26
Sec. 7. If the owner of a vehicle bearing such special
2
S.B. No. 27
1
devices disposes of the vehicle during the registration year, he
2
shall turn the devices in to the county tax assessor-collector
3
and receive from him replacement devices for the fee prescribed
4
by law.
5
Sec. 8. Devices with the "Disabled" designation provided
6
for by this Act shall be issued for the registration year beginning
7
April 1, 1976, and thereafter.
8
Sec. 9. A person who is eligible to register a motor vehicle
9
under both this Act and Section 5e, Chapter 88, General Laws,
10
Acts of the 41st Legislature, 2nd Called Session, 1929, as amended
11
(Article 6675a-5e, Vernon's Texas Civil Statutes), may register
12
a vehicle under either Act but may not register vehicles under
13
both Acts.
14
Sec. 10. A person not disabled or not transporting a
15
disabled person who parks a vehicle with such special device in
16
any parking space or parking area designated specifically for the
17
physically handicapped shall be guilty of a Class C misdemeanor.
18
Sec. 11. The importance of this legislation and the crowded
19
condition of the calendars in both houses create an emergency and
20
an imperative public necessity that the constitutional rule
21
requiring bills to be read on three several days in each house
22
be suspended, and this rule is hereby suspended.
3
S.B. No. 27
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 27 passed the senate on
April 17, 1975, by the following vote: Yeas 30, Nays 0;
May 23, 1975, senate concurred in house amendment by a viva-voce
vote.
Secretary of the Senate
I hereby certify that S.B. No. 27 passed the house, with
amendment, on May 22, 1975, by the following vote: Yeas 140,
Nays 0.
Chief Clerk of the House
Approved:
Date
Governor
4
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
April 2, 1975
Honorable William T. "Bill" Moore, Chairman
Senate State Affairs Committee
Senate Chamber
Austin, Texas
In Re: Senate Bill No. 27
By: Doggett
Committee Substitute
Sir:
In response to your request and pursuant to Senate Rule 94, Subsection (g),
this office finds the fiscal implications of Senate Bill No. 27,
Committee Substitute (relating to the provision of special license plates
for vehicles owned by certain disabled persons) to be as follows:
The probable revenue gain from implementing the provisions of
the bill during each of the first five years following passage
is estimated as follows:
Fiscal
Estimated
Year
Revenue Gain
1976
$12,000
1977
13,200
1978
14,520
1979
15,972
1980
17,569
Similar annual costs will continue as long as the provisions of
the bill are in effect.
Thomas M. Keel
Director
OF
!!!!!!!!!!!!!!!!!!!!!!!!!
STATE
State Rep. Gents of
Green
Enrolled
S.B. No. 881
1
AN ACT
2
relating to the transportation allowance for travel by certain
3
state employees within their designated headquarters; amending
4
Section 8, Chapter 231, Acts of the 56th Legislature, Regular
5
Session, 1959, as amended (Article 6823a, Vernon's Texas Civil
6.
Statutes); and declaring an emergency.
7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8
Section 1. Section 8, Chapter 231, Acts of the 56th
9
Legislature, Regular Session, 1959, as amended (Article 6823a,
10
Vernon's Texas Civil Statutes), is amended to read as follows:
11
Section 8. An employee whose duties customarily require
12
travel within his designated headquarters may be authorized a
13
local transportation allowance for this travel. Such allowance,
14
however, may not [shall-never] exceed the transportation allowance
15
for use of a privately owned automobile as set by the Legislature
16
in the General Appropriations Acts, except that an employee with
17
a physical handican which precludes his personal operation of a
18
privately owned automobile may, without regard to the standard
19
otherwise set in the General Appropriations Acts, be authorized
20
a reasonable transportation allowance not to exceed the amount
21
to which such handicapped employee would he entitled for similar
22
travel occurring outside of his designated headcuarters.
23
Sec. 2. The importance of this legislation and the crowded
24
condition of the calendars in both houses create an emergency and
25
an imperative public necessity that the constitutional rule
1
S.B. No. 881
1
requiring bills to be read on three several days in each house
2
be suspended, and this rule is hereby suspended, and that this
3
Act take effect and be in force from and after its passage, and
4
it is so enacted.
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 881 passed the senate on
April 17, 1975, by the following vote: Yeas 30, Nays 0.
Secretary of the Senate
I hereby certify that S.B. No. 881 passed the house on
May 24, 1975, by the following vote: Yeas 130, Nays 0, 4 present
not voting.
Chief Clerk of the House
Approved:
Date
Governor
2
Austin, Texas
FISCAL NOTE
April 10, 1975
Honorable Bill Presnal, Chairman
Committee on Appropriations
House of Representatives
Austin, Texas
In Re: House Bill No. 2017
By: Wilson
Sir:
In response to your request and pursuant to House Rule VIII, Section 27,
this office finds the fiscal implications of House Bill No. 2017 (relating
to the transportation allowance for travel by certain state. employees within
their designated headquarters) to be as follows:
The additional costs attributable to House Bill No. 2017
if it should be enacted, cannot be precisely estimated but
are believed to be, in the aggregate, not significant.
Thomas M. Keel
Director
vot lance much
94TH CONGRESS
1ST SESSION
H. R. 766
IN THE HOUSE OF REPRESENTATIVES
JANUARY 14, 1975
Mr. MURPHY of New York introduced the following bill; which was referred
to the Committee on Ways and Means
A BILL
To provide income tax incentives for the modification of certain
facilities so as to remove architectural and transportational
barriers to the handicapped and elderly.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That (a) this Act may be cited as the "Freedom of
4 Access for the Elderly and Handicapped Act for 1975".
5
(b) Part VI of subchapter B of chapter 1 of the In-
6 ternal Revenue Code of 1954 (relating to itemized deduc-
7 tions for individuals and corporations) is amended by adding
8 at the end thereof the following new section:
/ I-0
2
1 "SEC. 189. EXPENDITURES TO REMOVE ARCHITECTURAL
2
AND TRANSPORTATIONAL BARRIERS TO THE
3
HANDICAPPED AND ELDERLY.
4
(a) TREATMENT AS EXPENSE.-
5
(1) IN GENERAL.-A taxpayer may elect to treat
6
qualified architectual and transportational barrier re-
7
moval expenses which are paid or incurred by him
8
during the taxable year as expenses which are not
9
chargeable to capital account. The expenditures so
10
treated shall be allowed as a deduction.
11
(2) ELECTION.-An election under paragraph
12
(1) shall be made at such time and in such manner as
13
the Secretary or his delegate prescribes by regulations.
14
(b) DEFINITIONS.-For purposes of this section-
15
(1) ARCHITECTURAL AND TRANSPORTATIONAL
16
BARRIER REMOVAL EXPENSE.-The term 'architectural
17
and transportational barrier removal expense' means an
18
expenditure for the purpose of making any facility
19
owned or leased by the taxpayer for use in connec-
20
tion with his trade or business more accessible to, and
21
usable by, handicapped and elderly individuals.
22
'(2) QUALIFIED ARCHITECTURAL AND TRANS-
23
PORTATIONAL BARRIER REMOVAL EXPENSE.-The term
24
'qualified architectural and transportational barrier re-
25
moval expense' means an architectural or transporta-
3
1
tional barrier removal expense with respect to which the
2
taxpayer establishes, to the satisfaction of the Secretary
3
or his delegate, that the resulting removal of an archi-
4
tectural or transportational barrier meets the standards
5
set forth by the Administrator of the General Services
6
Administration, the Secretary of Defense, and the Sec-
7
retary of Housing and Urban Development under the
8
Act entitled 'An Act to insure that certain buildings fi-
9
nanced with Federal funds are so designed and con-
10
structed as to be accessible to the physically handi-
11
capped' approved August 12, 1968 (82 Stat. 718; 42
12
U.S.C. 4151).
13
(c) REGULATIONS.-The Secretary or his delegate
14 shall prescribe such regulations as may be necessary to carry
15 out the provisions of this section."
16
(c) The table of sections for such part VI is amended
17 by adding at the end thereof the following new item:
"Sec. 189. Expenditures to remove architectural and trans-
portational barriers to the handicapped and
elderly.".
18
(d) The amendments made by this Act shall apply to
19 taxable years ending after the date of the enactment of this
20 Act, but only with respect to expenditures paid or incurred
21 after that date.
94TH CONGRESS
1ST SESSION
H. R. 2019
IN THE HOUSE OF REPRESENTATIVES
JANUARY 23, 1975
Mr. ROE introduced the following bill; which was referred to the Committee
on Ways and Means
A
BILL
To provide income tax incentives for the modification of certain
facilities SO as to remove architectural and transportational
barriers to the handicapped and elderly.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That (a) this Act may be cited as the "Freedom of Access
4 for the Elderly and Handicapped Act of 1975".
5
(b) Part VI of subchapter B of chapter 1 of the In-
6 ternal Revenue Code of 1954 (relating to itemized deduc-
7 tions for individuals and corporations) is amended by adding
8 at the end thereof the following new section:
/
I-0
2
1
"SEC. 189. EXPENDITURES TO REMOVE ARCHITECTURAL
2
AND TRANSPORTATIONAL BARRIERS TO THE
3
HANDICAPPED AND ELDERLY.
4
" (a) TREATMENT AS EXPENSE.-
5
" (1) IN GENERAL.-A taxpayer may elect to treat
6
qualified architectural and transportational barrier re-
7
moval expenses which are paid or incurred by him
8
during the taxable year as expenses which are not
9
chargeable to capital account. The expenditures SO
10
treated shall be allowed as a deduction.
11
" (2) ELECTION.-An election under paragraph
12
(1) shall be made at such time and in such manner as
13
the Secretary or his delegate prescribes by regulations.
14
" (b) DEFINITIONS.-For purposes of this section-
15
(1) Architectural AND TRANSPORTATIONAL
16
BARRIER REMOVAL EXPENSE.-The term 'architectural
17
and transportational barrier removal expense' means an
18
expenditure for the purpose of making any facility
19
owned or leased by the taxpayer for use in connection
20
with his trade OF business more accessible to, and usable,
21
by, handicapped and elderly individuals.
22
" (2) QUALAFIED ARCHITECTURAL AND TRANS-
23
PORTATIONAL BARRIER REMOVAL EXPENSE.-The term
24
'qualified architectural and transportational barrier re-
25
moval expense' means an architectural or transporta-
3
1
tional barrier removal expense with respect to which the
2
taxpayer establishes, to the satisfaction of the Secretary
3
or his delegate, that the resulting removal of an archi-
4
tectural or transportational barrier meets the standards
5
set forth by the Administrator of the General Services
6
Administration, the Secretary of Defense, and the Sec-
7
retary of Housing and Urban Development under the
8
Act entitled 'An Act in insure that certain buildings fi-
9
nanced with Federal funds are SO designed and con-
10
structed as to be accessible to the physically handi-
11
capped' approved August 12, 1968 (82 Stat. 718; 42
12
U.S.C. 4151)."
13
"(c) REGULATIONS.-The Secretary or his delegate
14 shall prescribe such regulations as may be necessary to carry
15 out the provisions of this section."
16
(c) The table of sections for such part VI is amended
17 by adding at the end thereof the following new item:
"Sec. 189. Expenditures to remove architectural and trans-
portational barriers to the handicapped and
elderly.".
18
(d) The amendments made by this Act shall apply to
19 taxable years ending after the date of the enactment of this
20 Act, but only with respect to expenditures paid or incurred
21 after that date.