49 CFR Parts 37 and 38 -- Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments, Preamble

Regulatory Flexibility Act (5 U.S.C. 601-612)

The Department certifies that this rule will not have a significant economic effect on a substantial number of small entities. The rail operators affected by the boarding nondiscrimination portion of the rule are Amtrak and commuter authorities. Amtrak is a large entity. Commuter rail operators are large entities. Moreover, as the text of the rule and preamble make clear, there are no retrofit requirements that would increase costs for covered entities, regardless of size, as requirements apply only with respect to new and altered facilities. As the regulatory evaluation shows, costs for Amtrak will be modest and costs for commuter operators will be relatively low. None of the other provisions of the rule have any significant effect on entities' costs or operations. The wheelchair equipment provision applies only to how transportation providers, regardless of size, use the equipment they have. Again, no retrofit is required. The changes to part 38 are only in terminology. These facts support the Department's conclusion that there will not be significant economic effects from the rule, and that a substantial number of small entities are not affected.