[Federal Register Volume 63, Number 183 (Tuesday, September 22, 1998)]
[Notices]
[Pages 50617-50618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25303]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Reports, Forms and Recordkeeping Requirements; Agency Information 
Collection Activity Under OMB Review

AGENCY: Department of Transportation (DOT).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the Information 
Collection Request (ICR) abstracted below has been forwarded to the 
Office of Management and Budget (OMB) for extension of a currently 
approved collections. The ICR describes the nature of the information 
collection and its expected burden. The Federal Register Notice with a 
60-day comment period soliciting comments on the following collection 
of information was published on July 1, 1998 (63 FR, 36010).

DATES: Comments must be submitted on or before October 22, 1998.

FOR FURTHER INFORMATION CONTACT: Ms. Rita Daguillard, Office of the 
Chief Counsel at (202) 366-1936 and refer to the OMB Control Number.

SUPPLEMENTARY INFORMATION:

Federal Transit Administration (FTA)

    Title: Charter Service Operations.
    Type of Request: Extension of a currently approved information 
collection.
    OMB Control Number: 2132-0543.
    Form(s): N/A
    Affected Public: State and local government, business or other-for-
profit government institutions, and non-profit institutions).
    Abstract: 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

[[Page 50618]]

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.
    Estimated Annual Burden Hours: 1,984.

ADDRESSES: Send comments to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, 725-17th Street, NW, 
Washington, DC 20503, Attention OST Desk Officer. Comments are Invited 
on: whether the proposed collection of information is necessary for the 
proper performance of the functions of the Department, including 
whether the information will have practical utility; the accuracy of 
the Department's estimate of the burden of the proposed information 
collection; ways to enhance the quality, utility and clarity of the 
information to be collected; and ways to minimize the burden of the 
collection of information on respondents, including the use of 
automated collection techniques or other forms of information 
technology.
    A comment to OMB is most effective if OMB receives it within 30 
days of publication.

    Issued in Washington, DC, on September 17, 1998.
Vanester M. Williams,
Clearance Officer, United States Department of Transportation.
[FR Doc. 98-25303 Filed 9-21-98; 8:45 am]
BILLING CODE 4910-62-P