MTA-50-15-00005-A MTA Bus Company - Rules and Regulations

4/13/16 N.Y. St. Reg. MTA-50-15-00005-A

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 15

April 13, 2016

RULE MAKING ACTIVITIES

METROPOLITAN TRANSPORTATION AUTHORITY

NOTICE OF ADOPTION

 

I.D No. MTA-50-15-00005-A

Filing No. 355

Filing Date. Mar. 29, 2016

Effective Date. Apr. 13, 2016

MTA Bus Company - Rules and Regulations

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Addition of Part 1044 to Title 21 NYCRR.

Statutory authority:

Public Authorities Law, section 1265

Subject:

MTA Bus Company - Rules and Regulations.

Purpose:

Regulate conduct on MTA buses and facilities to enhance safety and protect employees, customers, bus facilities and the public.

Text or summary was published

in the December 16, 2015 issue of the Register, I.D. No. MTA-50-15-00005-P.

Final rule as compared with last published rule:

No changes.

Text of rule and any required statements and analyses may be obtained from:

Paige Graves, MTA Bus, 2 Broadway, New York, NY 10004, [phone], email: [e-mail]

Initial Review of Rule

As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 3rd year after the year in which this rule is being adopted.

Assessment of Public Comment

The MTA Bus Company (“MTABC”) published a Notice of Proposed Rule Making in the New York State Register on December 16, 2015. The Notice of Proposed Rule Making entitled “Rules and Regulations Governing the Conduct and Safety of the Public” sets forth rules of conduct to promote safety; to facilitate the proper use of MTABC transportation facilities; and to protect MTABC transportation facilities, its customers, employees and the public (“Proposed Rules”). Pursuant to State Administrative Procedure Act (S.A.P.A) Section 202(1)(a), MTABC accepted public comments for forty-five days after the Notice of Proposed Rule Making was published in the New York State Register.

During the forty-five day period, MTABC received six comments. The comments suggested the following revisions to the Proposed Rules: (1) include emotional support animals in the definition of service animals; (2) exclude eating and drinking from paid areas; (3) extend the definition of farecard to include radio-frequency identification card; (4) remove photography restrictions; (5) remove restriction that passengers refrain from blocking the free movement of others by putting their feet or item on the seat.

The comments and the MTABC’s responses are summarized below:

1. Emotional Support Animals

Two commenters suggested that MTABC include emotional support animal in the definition of “service animals.” One commenter stated that prohibiting emotional support service animals violates the Americans with Disabilities Act (“ADA”). Another commenter suggested that excluding emotional support animals may make it more difficult for veterans with PTSD to use public transportation. The commenters’ suggestions explicitly contradicts the Americans with Disabilities Act (“ADA”) and the respective U.S. Department of Justice’s guidance material.

First, the Proposed Rules define “service animal” as:

“a guide dog, signal dog, or other animal individually trained to perform tasks for the benefit of a person with a disability that such person is unable to perform due to such disability, such as guiding persons with impaired vision, alerting persons with impaired hearing to sounds, pulling a wheelchair, retrieving dropped items or providing rescue assistance. The term service animal does not include a therapy animal or animal used for emotional support.” (Emphasis added)

The abovementioned definition is consistent with 28 CFR 36.104. § 36.104 explains that “…the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks…” under the definition of “service animal.”

Second, to further clarify the work and tasks that a “service animal” provides, the U.S. Department of Justice’s guidance material explains that:

“…work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.” U.S. Department of Justice: ADA Requirements, http://www.ada.gov/service_animals_2010.htm (last visited Feb. 23, 2016).

Finally, based on the foregoing, the definition of service animal in the Proposed Rules is consistent with the definition set forth in the 28 CFR 36.104 and the U.S. Department of Justice’s guidance material.

2. Exclude Eating And Drinking From Paid Areas

One commenter suggested that customers should be prohibited from eating and drinking in paid areas to save money on cleaning costs. The commenter further suggested that the cost of enforcing the rule should be covered by rule violators. This suggestion is outside the scope of the Proposed Rules. The Proposed Rules are established to promote safety.

3. Farecard Definition

One commenter suggested that MTABC extends the definition of farecard from magnetically encoded cards to include radio-frequency identification cards. The commenter acknowledges that the definition accurately describes the current farecard system. However, the commenter posits that should MTABC transitions to radio-frequency identification cards such as those used in Boston, Atlanta, and Chicago, MTABC will be required to rewrite its definition of farecard. The Proposed Rules explain that farecards “include, but are not limited to, (i) value-based, magnetically encoded cards (frequently referred to as pay-per-ride MetroCards) containing stored monetary value from which a specified amount of value is deducted as payment of a fare, and (ii) time-based, magnetically encoded cards (frequently referred to as unlimited ride MetroCards) which permit entrance onto conveyances for a specified period of time.” (Emphasis added) MTABC acknowledges that its farecard may not solely be limited to magnetically encoded card. Therefore, the definition contains the phrase “include, but are not limited to.” The phrase denotes that the list is neither restrictive nor exhaustive. Therefore, if MTABC transitions to radio-frequency identification cards, the definition would still apply.

4. Photography Restrictions

One commenter suggested that MTABC remove the restriction for a passenger to take photographs. The Proposed Rules contain no such restriction. The Proposed Rules make clear that “[p]hotography, filming or video recording in any facility or bus is permitted except that ancillary equipment such as lights, reflectors or tripods may not be used. Members of the press holding valid identification issued by the New York City Police Department are hereby authorized to use necessary ancillary equipment. All photographic activity must be conducted in accordance with the provisions of these rules.”

5. Blocking Free Movement

One commenter suggested that MTABC remove the restriction that passengers refrain from blocking the free movement of others by putting their feet or items on the seat. The commenter posits that “for many well-meaning passengers it [would be] … impossible not to break this rule.” MTABC disagrees with this assessment. The Proposed Rules are established to promote safety and protect MTABC transportation facilities. Blocking the free movement of other passengers and placing one’s feet on the seat are among the activities MTABC intends to discourage.