
[Federal Register Volume 75, Number 215 (Monday, November 8, 2010)]
[Rules and Regulations]
[Pages 68467-68468]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28236]


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DEPARTMENT OF TRANSPORTATION

49 CFR Part 39

[Docket OST-2007-26829]
RIN 2105-AB87


Transportation for Individuals With Disabilities: Passenger 
Vessels

AGENCY: Department of Transportation, Office of the Secretary.

ACTION: Response to comments; stay of effective date.

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SUMMARY: On July 6, 2010, the Department of Transportation issued a new 
Americans with Disabilities Act (ADA) final rule to ensure 
nondiscrimination on the basis of disability by passenger vessel 
operators (PVOs). The final rule requested comment on three issues: 
Service animals, mobility devices, and the consistency of the rule with 
recent Department of Justice ADA rules. This document responds to those 
comments and makes certain adjustments in effective dates for the final 
rule.

DATES: 49 CFR 39.39 is stayed effective from November 8, 2010 through 
January 3, 2012; the remainder of 49 CFR part 39 is stayed effective 
from November 8, 2010 through January 3, 2011.

FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant 
General Counsel for Regulation and Enforcement, Department of 
Transportation, 1200 New Jersey Avenue, SE., Room W94-302, Washington, 
DC 20590. (202) 366-9310 (voice); (202) 366-7687 (TDD); 
bob.ashby@dot.gov (e-mail).

[[Page 68468]]


SUPPLEMENTARY INFORMATION: After a lengthy, open, and inclusive 
rulemaking process including an advance notice of proposed rulemaking 
(ANPRM), a notice of proposed rulemaking (NPRM), public meetings, and 
consultation with the Access Board and the Department of Justice (DOJ), 
the Department of Transportation issued a final rule (49 CFR part 39) 
applying the ADA to the policies and practices of passenger vessel 
operators (PVOs). The rule was issued on July 6, 2010 (75 FR 38878) 
with an effective date of November 3, 2010. The final rule included a 
request for comment on three issues: service animals, mobility aids, 
and the general consistency of Part 39 with recent DOJ rules under 
Titles II and III of the ADA. The Department worked closely with DOJ to 
ensure that part 39, as published, is fully consistent with DOJ ADA 
rules. The question raised in the request for comments was whether it 
would be appropriate for the Department to make changes to the rule 
that could differ from the DOJ rules in some respects.
    The Department received over 30 comments. About two-thirds of these 
were from advocates of psychiatric service animals (PSAs). They 
supported considering such animals to be service animals and opposed 
permitting emotional service animals (ESAs) to be considered as service 
animals. Two disability organizations supported the use of ESAs on 
ships and urged the Department to permit them to travel with their 
users. The Department is not making any changes in its rules in 
response to these comments. Part 39's existing definition of service 
animals encompasses PSAs. The preamble to the final rule made clear 
that ESAs, consistent with DOJ rules, are not considered to be service 
animals that PVOs are required to accommodate, though the Department 
said that it is a good idea for PVOs to accept ESAs.
    Two organizations representing PVOs commented on the rule. Both 
urged that the Department's rules be consistent with those of DOJ. DOT 
regards its existing rules as being consistent with those of DOJ, in 
general as well as with respect to particular matters such as service 
animals and mobility aids. The Department is not making any substantive 
changes to its rules, which consequently will remain consistent with 
those of DOJ.
    One of these organizations pointed out that the DOJ ADA rules 
become effective in six months rather than four, and that a DOJ 
provision on hotel reservations had an 18-month effective date. It 
asked that DOT change its effective dates to be consistent with these 
DOJ dates. The Department believes that these requests are reasonable. 
Consequently, we are changing the effective date for most provisions of 
the rule from November 3, 2010, to January 3, 2011. In addition to 
being consistent with the DOJ time frame, this extension will permit 
more time for the Department to work on guidance and interpretations 
that will assist regulated parties and the public to implement the new 
rules smoothly. We will also extend the effective date for the cabin 
reservations section of the rule to January 3, 2012. In addition to 
being consistent with the DOJ time frame for hotel reservations, this 
extension will provide additional time for PVOs to make necessary 
changes to their computer systems to carry out the regulatory 
requirements.
    Some commenters made comments outside the scope of the Department's 
request for comment. One of the PVO organizations expressed its 
disagreement with various provisions of the final rule and sought 
clarification of others. Other comments asked for clarifications on 
some issues, such as where complaints should be sent or coverage of 
coastwise vessels carrying passengers not for hire. We will not respond 
to those comments here, since they are beyond the scope of the 
Department's request for comments, but we would note that, in the 
normal course of business, the Department regularly provides 
interpretations of or guidance concerning new regulatory provisions. We 
will do so in the case of Part 39 where necessary and appropriate.

Regulatory Process Matters

    This stay of effective dates relates to an underlying final rule 
that was significant for purposes of Executive Order 12886 and the 
Department's Regulatory Policies and Procedures. However, this notice 
makes no changes in the text of the final regulation, and the changes 
to the effective date of the rule are not themselves significant. These 
changes do not impose any additional costs or burdens on any regulated 
parties, and they provide regulated entities, including small entities, 
additional time to comply with the regulations. For this reason, the 
Department certifies that these changes to the effective dates do not 
impose significant economic effects on a substantial number of small 
entities.

    Issued at Washington, DC, November 2, 2010.
Ray LaHood,
Secretary of Transportation.
[FR Doc. 2010-28236 Filed 11-5-10; 8:45 am]
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