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This rule is necessary to further implement the Air Carrier Access Act 
of 1986.


Summary of the Legal Basis:





In the Department's regulation implementing section 504 of the 
Rehabilitation Act of 1973, which went into effect in 1979, the 
Department required federally assisted airports to play a role in 
boarding assistance for individuals with disabilities.


Each operator at an airport receiving any Federal financial assistance 
shall assure that adequate assistance is provided for enplaning and 
deplaning handicapped persons. Boarding by level-entry boarding 
platforms and by passenger lounges are the preferred methods for 
movement of handicapped persons between terminal buildings and aircraft 
at air carrier airports; however, where this is not practicable, 
operators at air carrier airport terminals shall assure that there are 
suitable devices available for enplaning and deplaning handicapped 
passengers.


Alternatives:





The Department considered three approaches for assisting persons with 
disabilities in boarding and deboarding aircraft having fewer than 30 
seats at airports where level boarding equipment was not provided. Air 
carriers and airport operators have the option of using lifts, ramps, 
or other suitable devices, not normally used for freight, to assist 
persons with disabilities in enplaning and deplaning small commuter-
type aircraft.


Anticipated Costs and Benefits:





The estimated annual compliance costs for carriers and airports of the 
NPRM's requirements would range from $1.0 to $8.3 million in 1993 
dollars. The estimated cost depends upon the number and type of lift 
boarding devices assumed to be needed at different size airports.


The benefits that would accrue from removing barriers to boarding and 
deboarding commuter type aircraft cannot be quantified, but could well 
include increased employment opportunities for persons with 
disabilities, as well as an enhanced quality of life associated with 
expanded travel opportunities. Other potential benefits could include 
reduced injuries and associated medical cost to airline passengers and 
to airline employees who hand-carry passengers onto aircraft because 
there is no other means of boarding assistance available.


Risks:





Requiring air carriers and air carrier airports to purchase and 
maintain boarding assistance equipment could cause financial hardship 
on these entities. However, not having such equipment available could 
result in injuries to passengers and employees who continue to hand-
carry passengers with disabilities onto aircraft. While hand-carrying 
persons with disabilities in boarding chairs up and down airstairs on 
commuter planes (those with less than 30 seats) is not required by the 
Department's Air Carrier Access Act regulation, such service is 
sometimes volunteered by carrier employees.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM            55 FR 8081                                     03/06/90
NPRM Comment Period End                                        06/04/90
Second NPRM     58 FR 47681                                    09/10/93
NPRM Comment Per58 FR 63154d to 01/07/94                       11/30/93
Second NPRM Comment Period End                                 12/09/93
Final Action                                                   10/00/94
Small Entities Affected:


None


Government Levels Affected:


None


Analysis:


 Regulatory Evaluation 03/06/90 (55 FR 8081)


Additional Information:


The telephone number for TDD is (202) 755-7687; a taped copy of the 
NPRM is available on request. The issue of lifts for small commuter 
aircraft was removed from RIN 2105-AB60 and consolidated into this 
proceeding.


Agency Contact:
Robert C. Ashby
Deputy Assistant General Counsel for Regulation and Enforcement
Department of Transportation
Office of the Secretary
400 Seventh Street SW.
Washington, DC 20590
202 366-9306
RIN: 2105-AB62
_______________________________________________________________________
DOT--U.S. Coast Guard (USCG)
            ___________________________________________________________
PRERULE STAGE
            ___________________________________________________________
119. <bullet> +FACILITY RESPONSE PLANS FOR HAZARDOUS SUBSTANCES (94-
048)
Legal Authority:


 33 USC 1321(j)


CFR Citation:


 33 CFR 154


Legal Deadline:


None


Abstract:


This project would implement provisions of the Oil Pollution Act of 
1990 that require an owner or operator of a marine transportation-
related facility transferring bulk hazardous substances to develop and 
operate in accordance with an approved response plan. The regulations 
would apply to marine transportation-related facilities that, because 
of their location, could cause substantial or significant and 
substantial harm to the environment by discharging a hazardous 
substance into or on the navigable waters or adjoining shoreline. This 
would be defined as any facility capable of transferring hazardous 
substances regulated under 46 CFR Subchapters D and O to or from a 
vessel in quantities of 250 barrels or more. A separate rulemaking 
under RIN 2115-AE88 would address hazardous response plan requirements 
for tank vessels. This action is considered significant because of 
substantial public interest.


Statement of Need:





This rulemaking is intended to reduce the impact from hazardous 
substance spills from vessels and marine transportation-related 
facilities.


Summary of the Legal Basis:





Section 4202(a) of the Oil Pollution Act of 1990 (OPA 90), codified at 
33 USC 1321(j)(5), mandates that the President issue regulations 
requiring the preparation of oil and hazardous substance discharge 
response plans. Although 4202(b)(4) of OPA 90 established an 
implementation schedule for these response plans for oil, it did not 
establish a deadline for submission or approval of hazardous substances 
response plans. The Coast Guard has issued separate interim rules 
governing response plan requirements for vessels carrying oil in bulk 
as cargo and facilities that handle, store, or transport oil in bulk. 
Under section 1321, ``hazardous substances'' are designated by the 
Administrator of the Environmental Protection Agency. The Administrator 
has designated 297 chemicals as hazardous substances under this 
section. However, the Coast Guard has identified only 83 hazardous 
substances currently transferred in bulk by marine transportation-
related facilities.


Alternatives:





The Coast Guard intends to determine what types of response strategies 
would be required to address spills of different types of hazardous 
substances. For some substances, containment and recovery may be the 
appropriate response. However, some spilled substances may not be 
recoverable from the water and other actions may be necessary. Plans 
would be required, by statute, to address responses to a ``worst case 
discharge.'' For facilities, a ``worst case discharge'' is ``the 
largest foreseeable discharge in adverse weather conditions.'' The 
Coast Guard is considering requirements for response plans for less 
than ``worst case discharges,'' similar to the requirements adopted in 
the vessel and facility response plans rules for oil discharges. 
Additionally, as in the vessel and facility response plans for oil 
discharges, owners or operators are required by statute to maintain 
contracts or other acceptable arrangements with spill-response 
organizations.


Anticipated Costs and Benefits:





The potential costs of this rulemaking may include the costs of 
developing and implementing a hazardous substance response plan, 
maintaining contracts with spill response organizations, reviewing and 
updating hazardous substance response plans, maintaining any required 
equipment, and training and exercising response personnel. Potential 
benefits include enhanced environmental quality from improved ability 
to respond to, contain, and recover spilled hazardous substances and a 
reduction in the severity of the impact of accidental hazardous 
substance discharges. The Coast Guard does not yet have sufficient 
information to estimate the potential monetary costs and benefits of 
this rule. A key element in developing effective regulations for 
hazardous substance response plans will be the development of an 
approach for addressing different types of hazardous substances.


Risks:





Response plans are required by statute. A response plan will not 
prevent a discharge of a hazardous substance, but it may improve the 
response and, in certain cases, help to minimize personal injury and 
damage to the environment. This rule should not affect the economic 
viability of facilities involved in transferring hazardous substances 
in bulk or have a significant impact on the volume of hazardous 
substances shipped by marine transportation-related facilities. Most 
facilities involved in transferring hazardous substances in bulk have 
developed plans, but there have not been requirements for 
standardization.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
ANPRM                                                          12/00/94
Small Entities Affected:


Undetermined


Government Levels Affected:


None


Analysis:


 Regulatory Evaluation


Agency Contact:
LCDR Walter M. Hunt
Project Manager
G-MS
Department of Transportation

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