Agency Information Collection Activities; Request for Comments; Notice of Intent to Collect Information from Over-the-Road Bus Companies about Accessible Transportation for Individuals with Disabilities

DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION Docket No. FMCSA-2008-0038: Information Collection Activities; New Information Collection: Survey of Over-The-Road Bus Companies About Accessible Transportation for Individuals With Disabilities COMMENTS OF AMERICAN BUS ASSOCIATION June 23, 2008 The American Bus Association ("ABA") appreciates this opportunity to submit supplemental comments in response to Federal Motor Carrier Safety Administration (FMCSA) request for comments in the above entitled proceeding ("the Notice and Request for Comments") published on April 22, 2008, at 73 FR 21685. The ABA is the premier private bus industry trade association. The ABA is home to some 3800 member companies and organizations and approximately 850 bus operator companies. The bus operator members provide all manner of transportation services to the public including, fixed route scheduled service, charter and tour, airport shuttle and commuter services. ABA views the above captioned notice and comment request with great interest. Since October 29, 2001 Over-The-Road Bus (OTRB) operators have been required, under the provisions of Title 49 CFR Part 37.213, to file annual accessible service reports with the Department of Transportation (the Department). The information submitted in the reports is the same as the information that this notice will require. ABA is aware that the collection of this information is critical to the completion of the OTRB accessibility study the Department was to have completed by October 30, 2006, as required under the provisions of Title 49 CFR Part 37.215. ABA is further aware that the study has not been completed due to what the Department believes is a lack of statistically meaningful annual collected data. Failure to respond to the annual report requirements by a significant number of passenger carriers should not imperil this industry priority study. ABA agrees with the FMCSA that registered letters should be forwarded to passenger carriers reminding them of the legal obligation to submit the annual OTRB accessibility reports. However, ABA also believes the FMCSA should include in the letter language that reminds carriers that filing the annual report is a legal obligation and failure to do so is a violation of Federal regulations and that a failure to so could lead to enforcement action. It is ABA's belief that this means FMCSA can impress on delinquent carriers the need to comply. ABA also requests that the FMCSA study its collected data and not subject carriers that have filed their annual reports consistently to a duplicative reporting requirement if this is the FMCSA's intent. ABA also requests that the level of ridership results from already collected data be made public. ABA believes that the valuable data already collected, coupled with this proposed data collection effort will aid in the timely completion of the delayed OTRB accessibility study. The proposed registered letters and forms should only be sent to carriers who have not previously filed or filed consistently with the Department. If however the FMCSA is proposing to only send the letters out on an annual basis as has been done over the past several years, then no duplicative effort should occur. ABA is grateful for the opportunity to provide the FMCSA with these comments and is hopeful that with these suggested modifications the FMCSA will gather enough meaningful data to complete the OTRB as quickly as possible. Respectfully submitted, Peter J. Pantuso President and CEO American Bus Association 700 13th Street, N.W. Suite 575 Washington, D.C. 20005 202-218-7229