Memorandum - NHTSA

VIII-4
many private transit bus operators which provide public transportation. The American Public
Transit Association indicates that there are over 6,000 transit and paratransit bus operations in
the U.S. which provide public/private transportation.
DOT regulation requires that over-the-road buses required by public entites (or a contractor to a
public entity) must also provide a level change mechanism or boarding device for wheelchair I
other mobility aid users. NHTSA is requiring that lift-equipped over-the-road buses meet the
FMVSS No. 403/404 requirements of the Final Rule.
.The Regulatory Flexibility Act of 1980 (Public Law 96-354) requires agencies to evaluate the
potential effects of their proposed rules on small businesses, small organizations and small
governmental entities. Section 603 of the Act requires agencies to prepare and make availabk
for public comment an initial Regulatory Flexibility Analysis (RFA) describing the impact of
rules on small entities. Section 603(b) of the Act specifies the following content for the RFA:
o A description of the reasons why action by the agency is being taken;
o A succinct statement of the objectives of, and legal basis for, the Final Rule;
o A description of and, where feasible, an estimate of the number of small entities to which th.:
Final Rule will apply;
o A description of the reporting, record keeping and other compliance requirements of the Final
Rule including an estimate of the classes of small entities which will be subject to the
requirement and the types of professional skills necessary for preparation of the report or reco d;
o An identification, to the extent practicable, of all relevant Federal rules which may duplicatc:,
overlap, or conflict with the Final Rule;
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