[Federal Register Volume 69, Number 141 (Friday, July 23, 2004)]
[Notices]
[Pages 44076-44077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16843]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[FTA Docket No. FTA-2004-18671]


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 extend 
the following currently approved information collection: Charter 
Service Operations.

DATES: Comments must be submitted before September 21, 2004.

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 a.m. to 
5 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. Elizabeth Martineau, 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.

[[Page 44077]]

    Title: Charter Service Operations (OMB Number: 2132-0543).
    Background: All applicants for financial assistance from FTA are 
required by 49 U.S.C. Section 5323(d) to enter into a charter bus 
agreement with the Secretary of Transportation (delegated to the 
Administrator of FTA in 49 CFR Section 1.51(a)). This statute provides 
protections for private intercity charter bus operators from unfair 
competition by FTA recipients. The Comptroller General interpreted the 
statutory definition of ``mass transportation'' [49 U.S.C. Section 
5302(a)(7)] to permit FTA recipients to provide charter bus service 
with FTA-funded facilities and equipment if the service is 
``incidental'' to the provision of mass transportation service. The 
Comptroller General's interpretation regarding ``incidental use'' is 
implemented in FTA's charter service regulation, 49 CFR Part 604.
    All applicants for financial assistance under 49 U.S.C. Sections 
5309, 5336, or 5311 are required by 49 CFR Section 604.7 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. If a recipient desires to provide 
charter service, 49 CFR Section 604.11 requires recipients to provide 
notice to all private charter operators to submit written evidence 
demonstrating that they are willing and able to provide the charter 
service the recipient is proposing to provide. The notice must be 
published annually in a newspaper and sent to all private charter 
operators in the proposed geographic area, to any private charter 
operator that requests 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. Recipients are required by 49 
CFR Section 604.13 to review the evidence submitted.
    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: July 19, 2004.
Ann M. Linnertz,
Deputy Associate Administrator for Administration.
[FR Doc. 04-16843 Filed 7-22-04; 8:45 am]
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