Date: Mon, 28 Sep 1998 13:54:33 -0400 To: kathyzog@velocity.net From: Justice-For-All Moderator (by way of "Kathy A. Hertzog" ) Subject: Over-The-Road Bus Victory: Boarding Everyone Justice For All jfa@mailbot.com Over-The-Road Bus Victory: Boarding Everyone Senator Tom Harkin, Senate sponsor of the Americans with Disabilities Act, said today, "In a very real sense, these regulations will help people with disabilities excercise their right to enjoy full inclusion in the educational, social, cultural, economic, and political mainstream of our society. I thank Secretary Slater for his deep commitment to fulfilling ADA's goals." Thank you, Rodney Slater and Michael Winter, for your outstanding work at Department of Transportation to make this happen! Congratulations to every ADAPT member who chained her or himself to a bus or who spent time in jail, in the crusade "We Shall Ride!" Congratulations to all the organizations, including ADAPT, DREDF, PVA, and many others, and to the long list of outstanding advocates who worked tirelessly on the OTRB campaign including Bob Kafka, Stephanie Thomas, Mike Auberger, Mike Oxford, Marilyn Golden, Pat Wright, Maureen McCloskey, Julie Carrol, Bob Herman, Jim Weisman, Linda Anthony, Justin Dart, Becky Ogle, Marca Bristo and grassroots across the nation! This victory would not have happened were it not for Senators Tom Harkin, Bob Dole and Ted Kennedy, Representatives Major Owens and Steny Hoyer, and Presidents George Bush and Bill Clinton. To read the OTRB regs yourself, go to: http://www.dot.gov/affairs/briefing.htm You will find links to both the HTML and the PDF versions of regulations. Marilyn Golden of DREDF is preparing a summary of the regs for a future JFA emailing. There were several great press releases on this victory, from Attorney General Reno, Labor Secretary Alexis Herman, Represenatives Major Owens and Jim Oberstar, and others. In the interest of space, here are the two with the greatest details: STATEMENT BY SECRETARY RODNEY E. SLATER AT THE ANNOUNCEMENT OF THE OVER-THE-ROAD BUSES FINAL RULE SEPTEMBER 24, 1998 WASHINGTON, DC The Department of Transportation's strategic intent is that our transportation system for the 21st century be international in reach, intermodal in form, intelligent in character and inclusive in service. One out of five Americans is disabled. Achieving the high standard of accessibility we announce today will move us significantly closer to that goal. Under President Clintons leadership, more Americans than ever are enjoying the fruits of economic prosperity. We have the lowest unemployment in 24 years, the lowest core inflation in 30 years and more than 16 million new jobs. As America continues to grow and prosper, it would be unfair to leave anyone behind, especially someone in a wheelchair at a bus stop. With todays action, the Clinton-Gore Administration has moved decisively to eliminate this possibility and makes good on the Presidents 1992 pledge that the Clinton/Gore Administrations disability policy would be "based on three simple principles: inclusion, independence and empowerment." When today's decision is fully implemented passengers with disabilities will no longer have make advance arrangements to travel on regularly scheduled runs of major intercity bus lines, such as Greyhound. The intention is that every bus in every major fleet be fully accessible every day at every stop. Over-the-road, intercity buses are a vital link in Americas transportation system, especially for low-income people and rural families, many of whom are disabled. For many Americans, intercity buses are the only means of long-distance travel they can afford. In countless small towns they are the only available means of transportation, apart from automobiles. Yet for many of the 50 million Americans who are disabled, driving is not an option. For these citizens, safe and dignified access to intercity buses is absolutely essential for mobility and quality of life. Two out of three working age Americans with disabilities are unemployed and families with disabled members are among the poorest in the nation. When we say, transportation is about more than concrete, asphalt and steel, we are talking about real people who have been excluded from our common life. We are proud of this rule. It sets a reasonable timetable. Expensive retrofitting of existing rolling stock is not required. Yet, as new buses replace old ones, the entire fleet operated by major carriers will gradually become accessible. I am heartened in this regard by Greyhound s recent decision to purchase 80 wheelchair accessible buses, but let me be very clear that, in order to fully enact the law, our requirement will go beyond that. The rule also takes into account the significant differences between major intercity carriers and smaller companies, primarily by allowing these carriers more flexibility. The Clinton-Gore Administration calls these provisions common sense government. Todays decision will favorably impact the lives of millions of American families. As I said at the beginning of my remarks, one out of five Americans is disabled. With today's announcement, The Bus is Now Boarding, will truly mean, Now Boarding Everyone. FOR IMMEDIATE RELEASE Thursday, September 24, 1998 Contact: Bill Adams Telephone: 202-366-5580 DOT 172-98 Historic Transportation Regulation Means Passengers with Disabilities Will Be Able to Use Intercity Buses Fulfilling a key element of the 1990 Americans with Disabilities Act, U.S. Transportation Secretary Rodney E. Slater today announced a new requirement that passengers with disabilities be able to use over-the-road buses, and that large bus lines be the first to comply. "Making transportation accessible to people with disabilities not only is good for those individuals and their families, but it also helps them to contribute to a better community and a better America," said President Clinton. "In 1992, I pledged that the Clinton/Gore Administration's disability policy would be based on three simple principles: inclusion, independence and empowerment. Today's action by Secretary Slater guaranteeing people with disabilities access to over-the-road buses in the 21st century embodies those three principles." "President Clinton is committed to the Americans with Disabilities Act which envisioned transportation for all," Secretary Slater said. "As a result of this common sense rule, the transportation system of the 21st century will, indeed, be inclusive in its service." The regulatory action announced today fulfills Secretary Slater's commitment last fall to issue a rule by mid-September. Under the rule, large, fixed-route carriers like Greyhound, whose service is the backbone of the intercity bus system, will have to make sure that all new buses they obtain are accessible, with wheelchair lifts and tie-downs that allow passengers to ride in their own wheelchairs. The rule requires fleets to be completely accessible by 2012. Most smaller fixed-route companies also will acquire accessible new buses, although they do not have a deadline for fleet accessibility. They also can provide equivalent service in lieu of obtaining accessible buses. Charter and tour companies will have to provide service in an accessible bus on 48 hours' advance notice. Fixed-route companies must also provide this kind of service on an interim basis until their fleets are completely accessible. The rule makes carriers accountable for providing this advance notice service by requiring them to compensate passengers when they fail to provide the required service on time. The rule reduces burdens on small businesses in a number of ways. For example, small carriers who provide mostly charter or tour service and also provide a small amount of fixed-route service can meet all requirements through 48-hour advance-reservation service. Small carriers have an extra year to begin complying with the requirements, which apply to them starting in October 2001, compared to October 2000 for large carriers. Over-the-road buses are an important link in the U.S. transportation system, especially for low income people and rural families. People with disabilities are disproportionately poor and have a 70 percent unemployment rate. Over-the-road buses are typically defined as buses with passenger decks elevated over baggage compartments, thus excluding municipal transit lines. The department estimated that the cost of compliance would be $22-$30 million annually, and that new passenger traffic would reduce the cost to an estimated net cost of $15-$26 million per year. Department officials noted that the Transportation Equity Act for the 21st Century (TEA-21) authorized an average of $4.86 million in federal assistance from fiscal 1999 to 2003 to over-the-road bus companies to help pay for accessible costs. Another TEA-21 program makes available an additional $31.4 million per year over the same period for rural intercity bus service. -- Here's the start of what you'll find at: http://www.dot.gov/affairs/briefing.htm DEPARTMENT OF TRANSPORTATION 49 CFR Part 37 [Docket OST-98-3648] RIN 2105-ACOO Transportation for Individuals with Disabilities AGENCY: Department of Transportation, Office of the Secretary ACTION: Final rule; request for comments ------------------------------------------------------ SUMMARY: The Department is amending its Americans with Disabilities Act (ADA) regulations to require the accessibility of new over-the-road buses (OTRBs) and to require accessible OTRB service. The new rule applies both to intercity and other fixed-route bus operators and to demand-responsive (i.e., charter and tour) operators. The rules require operators to ensure that passengers with disabilities can use OTRBs. In connection with the forthcoming Office of Management and Budget (OMB) review of information collection requirements, the Department is requesting comment on the information collection requirements section of the final rule. DATES: This rule is effective [insert date 30 days from the date of publication in the Federal Register]. Comments on the information collection provisions of §37.213 are requested on or before [insert 90 days from date of publication], but late-filed comments will be considered to the extent practicable. Comments are not requested on any other portion of the rule. ADDRESSES: Comments should be sent, preferably in triplicate, to Docket Clerk, Docket No., Department of Transportation, 400 7th Street, S.W., Room PL-401, Washington, D.C., 20590. Comments will be available for inspection at this address from 10:00 a.m. to 5:00 p.m., Monday through Friday. Commenters who wish the receipt of their comments to be acknowledged should include a stamped, self-addressed postcard with their comments. The Docket Clerk will date-stamp the postcard and mail it back to the commenter. FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, Department of Transportation, 400 7th Street, S.W., Room 10424, Washington, D.C., 20590. (202) 366-9306 (voice); (202) 755-7687 (TDD), bob.ashby@ost.dot.gov (e-mail); or Donald Trilling, Director, Office of Environment, Energy, and Safety, same street address, Room 10305H, (202) 366-4220. -- We've come a long way in the 33 years since President Lyndon Johnson signed the National Transportation Act mandating that the then-proposed Washington Subway be accessible to people with disabilities. And we have many now-accessible miles to go. Fred Fay Chair, Justice For All jfa@mailbot.com HTTP://www.mailbot.com/justice