Rule2025-12143
Transportation for Elderly and Handicapped Persons
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2025
Effective
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
This rulemaking rescinds the FTA regulation on Transportation for Elderly and Handicapped Persons, as FTA finds that the regulation is obsolete and unnecessary.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Rules and Regulations]
[Pages 28227-28229]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12143]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 609
[Docket No. FTA-2025-0005]
RIN 2132-AB54
Transportation for Elderly and Handicapped Persons
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This rulemaking rescinds the FTA regulation on Transportation
for
[[Page 28228]]
Elderly and Handicapped Persons, as FTA finds that the regulation is
obsolete and unnecessary.
DATES: This final rule is effective on July 1, 2025.
FOR FURTHER INFORMATION CONTACT: Heather Ueyama, Office of Chief
Counsel, (202) 366-7374 or <a href="/cdn-cgi/l/email-protection#6b030e0a1f030e19451e0e120a060a2b0f041f450c041d"><span class="__cf_email__" data-cfemail="acc4c9cdd8c4c9de82d9c9d5cdc1cdecc8c3d882cbc3da">[email protected]</span></a>. Office hours are
from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
I. Background and Discussion of the Changes
FTA initially adopted part 609 in 1976 to establish regulatory
requirements for transportation for the elderly and persons with
disabilities (41 FR 18239). This regulation implemented section 5(m) of
the National Mass Transportation Assistance Act of 1974 (Pub. L. 93-
503). It included various requirements regarding transportation
planning in urbanized areas, transportation planning in nonurbanized
areas, accessible transportation facilities, and accessible vehicles.
In 1996, FTA amended Part 609 to remove most of the regulation's
substantive provisions. These provisions were superseded by the
Department of Transportation's regulations implementing the Americans
with Disabilities Act of 1990 (49 CFR parts 37 and 38) and the joint
Federal Highway Administration/FTA Statewide and Metropolitan Planning
regulations (49 CFR part 613 and 23 CFR part 450). As a result of the
1996 rulemaking, the only substantive requirement remaining in part 609
was to direct recipients of FTA funding under 49 U.S.C. 5307 to certify
that they will ensure a reduced fare is charged for seniors and
individuals with disabilities (Sec. 609.23). This requirement is
codified in statute at 49 U.S.C. 5307(c)(1)(D) and is self-executing.
It therefore is unnecessary for FTA to codify the requirement in the
Code of Federal Regulations (CFR).
Moreover, several reauthorizations have amended FTA's authorizing
statute since the 1996 rulemaking, rendering much of the language in
part 609 obsolete. Notably, the statute no longer uses the term
``elderly and handicapped persons,'' which is the only defined term in
the regulation's definitions section. Similarly, this renders the
corresponding guidance in Appendix A regarding the term ``elderly and
handicapped persons'' obsolete. Appendix A reproduced several Questions
and Answers from FTA Circular 9060.1 (April 20, 1978), which has since
been rescinded and is longer in effect.
Given that the regulation is largely obsolete, and the reduced fare
provision is the regulation's only substantive requirement, FTA finds
that the regulation no longer has any utility and should be rescinded.
This action will reduce regulatory burden by eliminating outdated and
unnecessary provisions from the CFR.
II. Good Cause for Dispensing With Notice and Comment and Delayed
Effective Date
Under the Administrative Procedure Act (APA) (5 U.S.C. 553(b)), an
agency may waive the normal notice and comment procedure if it finds,
for good cause, that it is impracticable, unnecessary, or contrary to
the public interest. Additionally, 5 U.S.C. 553(d) provides that an
agency may waive the 30-day delayed effective date upon finding of good
cause. As noted above, the only substantive provision in part 609 sets
forth the requirement for certain FTA recipients to certify that they
will ensure a reduced fare is charged for seniors and individuals with
disabilities. This requirement already is codified in 49 U.S.C.
5307(c)(1)(D), which is a self-effectuating statutory provision. It
therefore is unnecessary for FTA to codify this provision in the CFR.
Furthermore, the language in the regulation, including Appendix A, is
outdated. Rescinding the regulation will have no substantive legal
effect or impact on the status quo.
Accordingly, FTA finds good cause that notice and comment for this
rule is unnecessary due to the nature of the revisions (i.e., the rule
will have no substantive impact on FTA requirements or eligibility for
FTA funding). For the same reasons, FTA finds that the delayed
effective date is unnecessary. Accordingly, FTA finds good cause under
5 U.S.C. 553(b)(3)(B) and (d)(3) to waive notice and opportunity for
comment and the delayed effective date.
III. Regulatory Analyses and Notices
A. Executive Orders 12866 and 13563 (Regulatory Review)
E.O. 12866 (``Regulatory Planning and Review''), as supplemented by
E.O. 13563 (``Improving Regulation and Regulatory Review''), directs
Federal agencies to assess the benefits and costs of regulations and to
select regulatory approaches that maximize net benefits when possible,
and to consider economic, environmental, and distributional effects.
This action does not meet the criteria of a ``significant regulatory
action.'' Therefore, the Office of Management and Budget (OMB) has not
reviewed this action.
This final rule would remove obsolete and unnecessary language from
the CFR. FTA does not expect that any regulated entities will change
their behavior as a result of this rule, and therefore the rule is not
likely to result in any impacts to regulated entities other than
removing language from the CFR. It could result in some cost savings by
reducing the amount of time to become familiar with FTA's regulations.
FTA assumes any realized cost savings will be de minimis. FTA does not
have data to estimate the reduction in costs that will result from this
final rule.
B. Executive Order 14192 (Deregulatory Action)
E.O. 14192 (``Unleashing Prosperity Through Deregulation'')
requires that for ``each new [E.O. 14192 regulatory action] issued, at
least ten prior regulations be identified for elimination.''
Implementation guidance for E.O. 14192, issued by the Office of
Management and Budget (OMB) (Memorandum M-25-20, March 26, 2025),
defines an E.O. 14192 deregulatory action as ``an action that has been
finalized and has total costs less than zero.'' This final rule will
have total costs less than zero, and therefore is an E.O. 14192
deregulatory action.
C. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FTA is not required to
prepare a regulatory flexibility analysis under 5 U.S.C. 604(a) for
this final rule because FTA is not required to issue a notice of
proposed rulemaking prior to this action.
D. Unfunded Mandates Reform Act of 1995
FTA has determined that this rule would not impose unfunded
mandates, as defined by the Unfunded Mandates Reform Act of 1995 (Pub.
L. 104-4). This rule does not include a Federal mandate that may result
in expenditures of $100 million or more in any one year, adjusted for
inflation, by State, local, and tribal governments in the aggregate or
by the private sector.
E. Executive Order 13132 (Federalism Assessment)
E.O. 13132 (``Federalism'') requires agencies to assure meaningful
and timely input by State and local officials in the development of
regulatory
[[Page 28229]]
policies that may have a substantial direct effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. This action has been analyzed in accordance with the
principles and criteria contained in E.O. 13132, and FTA determined
this action will not have a substantial direct effect or sufficient
federalism implications on the States. FTA also determined this action
will not preempt any State law or regulation or affect the States'
ability to discharge traditional State governmental functions.
F. Executive Order 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372 (``Intergovernmental Review
of Federal Programs'') regarding intergovernmental consultation on
Federal programs and activities do not apply to this rulemaking.
G. Paperwork Reduction Act
FTA has analyzed this rule under the Paperwork Reduction Act and it
does not impose additional information collection requirements for the
purposes of the Act above and beyond existing information collection
clearances from OMB.
H. National Environmental Policy Act
FTA has analyzed this rule for the purposes of the National
Environmental Policy Act of 1969 (NEPA). In accordance with 42 U.S.C.
4336 and DOT NEPA Order 5610.1C, FTA has determined that this rule is
categorically excluded pursuant to 23 CFR 771.118(c)(4), ``[p]lanning
and administrative activities that do not involve or lead directly to
construction, such as: [p]romulgation of rules, regulations, and
directives.'' This rulemaking is not anticipated to result in any
environmental impacts, and there are no unusual or extraordinary
circumstances present in connection with this rulemaking.
I. Executive Order 13175 (Tribal Consultation)
FTA has analyzed this rule under E.O. 13175 (``Consultation and
Coordination with Indian Tribal Governments''), and believes that it
will not have substantial direct effects on one or more Indian tribes;
will not impose substantial direct compliance costs on Indian tribal
governments; and will not preempt tribal laws. Therefore, a tribal
summary impact statement is not required.
J. Executive Order 13211 (Energy Effects)
FTA has analyzed this action under E.O. 13211 (``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use''). FTA has determined that this action is not a significant energy
action under that order and is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. Therefore, a
Statement of Energy Effects is not required.
K. Regulation Identifier Number (RIN)
A Regulation Identifier Number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this rule with the
Unified Agenda.
List of Subjects in 49 CFR Part 609
Aged, Buses, Civil rights, Individuals with disabilities, Mass
transportation.
PART 609--[REMOVED AND RESERVED]
0
In consideration of the foregoing, FTA removes and reserves 49 CFR part
609.
Issued in Washington, DC, under authority delegated in 49 CFR 1.91.
Tariq Bokhari,
Acting Administrator.
[FR Doc. 2025-12143 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-57-P
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</html>Indexed from Federal Register on July 1, 2025.
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