[Federal Register Volume 63, Number 126 (Wednesday, July 1, 1998)]
[Notices]
[Page 36010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17476]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration
[FTA Docket No. 98-3990]


Notice of Request for the Extension of a Currently Approved 
Information Collection

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
notice announces the intention of the Federal Transit Administration 
(FTA) to request the Office of Management and Budget (OMB) to reinstate 
the following expired information collection: Charter Service 
Operations.

DATES: Comments must be submitted before August 31, 1998.

ADDRESSES: All written comments must refer to the docket number that 
appears at the top of this document and be submitted to the United 
States Department of Transportation, Central Dockets Office, PL-401, 
400 Seventh Street, SW., Washington, DC 20590. All comments received 
will be available for examination at the above address from 10:00 a.m. 
to 5:00 p.m., e.t., Monday through Friday, except Federal holidays. 
Those desiring notification of receipt of comments must include a self-
addressed, stamped postcard/envelope.

FOR FURTHER INFORMATION CONTACT: Ms. Rita Daguillard, Office of the 
Chief Counsel, (202) 366-1936.

SUPPLEMENTARY INFORMATION: Interested parties are invited to send 
comments regarding any aspect of this information collection, 
including: (1) the necessity and utility of the information collection 
for the proper performance of the functions of the FTA; (2) the 
accuracy of the estimated burden; (3) ways to enhance the quality, 
utility, and clarity of the collected information; and (4) ways to 
minimize the collection burden without reducing the quality of the 
collected information. Comments submitted in response to this notice 
will be summarized and/or included in the request for OMB approval of 
this information collection.
    Title: Charter Service Operations (OMB Number: 2132-0543)
    Background: Section 5323(d) of the Federal Transit Laws (FT Laws) 
requires all applicants for financial assistance from FTA to enter into 
a charter bus agreement with the Secretary of Transportation (delegated 
to the Administrator of FTA in 49 CFR 1.51(a)). Section 5323(d) of the 
FT Laws provides protections for private intercity charter bus 
operators from unfair competition by FTA recipients. Section 5302(a)(7) 
of the FT Laws as interpreted by the Comptroller General permits FTA 
recipients, but does not state that recipients have a right, to provide 
charter bus service with FTA funded facilities and equipment only if it 
is incidental to the provision of mass transportation service. These 
statutory requirements have been implemented in FTA's charter 
regulation, 49 CFR Part 604.
    49 CFR 604.7 requires all applicants for financial assistance under 
Section 5309, 5336, or 5311 of the FT Laws to include two copies of a 
charter bus agreement with the first grant application submitted after 
the effective date of the rule. The applicant signs the agreement, but 
FTA executes it only upon approval of the application. This is a one-
time submission with incorporation by reference in subsequent grant 
applications. Section 604.11(b) requires recipients to provide notice 
to all private charter operators and allow them to demonstrate that 
they are willing and able to provide the charter service the recipient 
is proposing to provide. The notice must be published in a newspaper 
and sent to any private operator requesting notice and to the United 
Bus Owners of America and the American Bus Association, the two trade 
associations to which most private charter operators belong. To 
continue receiving federal financial assistance, recipients must 
publish this notice annually. Section 604.13(b) requires recipients to 
notify each private operator that presented evidence of the recipient's 
determination whether the private operator meets the definition of 
``willing and able.'' This notice is also an annual requirement. On 
December 30, 1988, FTA issued an amendment to the Charter Service 
Regulation which allows additional exceptions for certain non-profit 
social service groups that meet eligibility requirements.
    Respondents: State and local government, business or other for-
profit institutions, and non-profit institutions.
    Estimated Annual Burden on Respondents: 1.2 hours for each of the 
1,656 respondents.
    Estimated Total Annual Burden: 1,984 hours.
    Frequency: Annual.

    Issued: June 26, 1998.
Gordon J. Linton,
Administrator.
[FR Doc. 98-17476 Filed 6-30-98; 8:45 am]
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