Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Notices 10635 

DATES: Comments must be submitted 

before March 28, 2011. A comment to 

OMB is most effective if OMB receives 

it within 30 days of publication. 

FOR FURTHER INFORMATION CONTACT: 

Sylvia L. Marion, Office of 

Administration, Office of Management 

Planning, (202) 366–6680. 

SUPPLEMENTARY INFORMATION: 

Title: Charter Service Operations 

(OMB Number: 2132–0543) 

Abstract: 49 U.S.C. 5323(d) 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)). 49 U.S.C. 5323(d) provides 

protections for private intercity charter 

bus operators from unfair competition 

by FTA recipients. 49 U.S.C. 5302(a)(10) 

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. 

The Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU), Public 

Law 109–59, 119 Stat. 1144 (2005), 

amended 49 U.S.C. 5323(d) with respect 

to remedies, provides that: 

‘‘In addition to any remedy specified in the 

agreement, the Secretary shall bar a recipient 

or an operator from receiving federal transit 

assistance in an amount the Secretary 

considers appropriate if the Secretary finds a 

pattern of violations of the agreement.’’ 

In addition, the Joint Explanatory 

Statement of the Committee of 

Conference, for Section 3023(d), 

‘‘Condition on Charter Bus 

Transportation Service’’ of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU), Public Law 109– 

59, 119 Stat. 1144 (2005) directed FTA 

to ‘‘initiate a negotiated rulemaking 

seeking public comment on the 

regulations implementing section 

5323(d).’’ 

In response to the direction contained 

in the Conference Committee Report, 

FTA established a Federal Advisory 

Committee to develop, through 

negotiated rulemaking procedures, 

recommendations for improving the 

regulation regarding charter bus 

services. On January 14, 2008, FTA 

published its final rule (73 FR 2326) 

amending the regulations which govern 

the provision of charter service. These 

regulations are implemented at 49 CFR 

Part 604. Changes to Part 604 include 

clarification of the existing 

requirements, a newly defined ‘‘charter 

service,’’ replacement of the ‘‘willing 

and able’’ process for the electronic 

registration of private charter providers, 

and the establishment of more detailed 

complaint, hearing, and appeal 

procedures. 

Section 604.4 requires all applicants 

for federal financial assistance under 49 

U.S.C. 5301 et seq., and 23 U.S.C. 

103(e)(4), 142(a), and 142(c) to enter 

into a ‘‘Charter Service Agreement,’’ 

contained in the Certifications and 

Assurances for FTA Assistance 

Programs, unless exempt under 49 CFR 

604.2 or otherwise falls under an 

exception in 49 CFR Part 604. The 

Certifications and Assurances become a 

part of the Grant Agreement or 

Cooperative Agreement for federal 

assistance upon the recipient’s receipt 

of federal funds. 

The January 14, 2008, amendments to 

49 CFR Part 604 added Section 604.14, 

which requires that a recipient give 

email notification to registered charter 

providers in the recipient’s geographic 

service area upon receiving a request for 

charter service that the recipient is 

interested in providing pursuant to 

§ 604.9. In addition, 49 CFR 604.12 

requires that the recipient submit the 

records of all instances that it has 

provided charter service permitted 

under one or more of the exceptions 

under Subpart B of Part 604 to the 

charter registration Web site 30 days 

after the end of each calendar quarter. 

The recipient must also maintain the 

required notices and records 

electronically for three years from the 

date of the service or lease of FTA 

funded equipment and/or drivers. 

In order for a private charter operator 

to become a registered charter provider, 

the private charter operator must 

register on FTA’s charter registration 

Web site, which can be found at 

http://www.fta.dot.gov/laws/ 

leg_reg_179.html. Under 49 CFR 604.13, 

a registered charter provider must 

update its information on the charter 

registration Web site at least once every 

two years. 

The January 14, 2008, final rule also 

added 49 CFR 604.7, allowing recipients 

to provide charter service to qualified 

human service organizations (QHSO) 

under limited circumstances. QHSOs 

seeking to receive free or reduced rate 

services from recipients and do not 

receive federal funding under programs 

listed in Appendix A to Part 604 must 

register on FTA’s charter registration 

Web site (49 CFR 604.15(a)). 

Estimated Total Annual Burden: 

1,819 hours. 

ADDRESSES: All written comments must 

refer to the docket number that appears 

at the top of this document and be 

submitted to the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget, 725 17th 

Street, NW., Washington, DC 20503, 

Attention: FTA 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. 

Issued On: February 17, 2011. 

Ann M. Linnertz, 

Associate Administrator for Administration. 

[FR Doc. 2011–4204 Filed 2–24–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[U.S. DOT Docket Number NHTSA–2011– 

0020] 

Reports, Forms, and Record Keeping 

Requirements 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Request for public comment on 

proposed collection of information. 

SUMMARY: Before a Federal agency can 

collect certain information from the 

public, it must receive approval from 

the Office of Management and Budget 

(OMB). Under procedures established 

by the Paperwork Reduction Act of 

1995, before seeking OMB approval, 

Federal agencies must solicit public 

comment on proposed collections of 

information, including extensions and 

reinstatement of previously approved 

collections. 

This document describes one 

collection of information for which 

NHTSA intends to seek OMB approval. 

DATES: Comments must be received on 

or before April 26, 2011. 

ADDRESSES: You may submit comments 

identified by DOT Docket No. NHTSA– 

2011–0020 by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 


srobinson on DSKHWCL6B1PROD with NOTICES
10636 Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Notices 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

Telephone: 1–800–647–5527. 

• Fax: 202–493–2251. 

Instructions: All submissions must 

include the agency name and docket 

number for this proposed collection of 

information. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act heading 

below. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or the street 

address listed above. Follow the online 

instructions for accessing the dockets. 

FOR FURTHER INFORMATION CONTACT: 

George Stevens, NHTSA 1200 New 

Jersey Avenue, SE., Room W43–490, 

Washington, DC 20590. Mr. Steven’s 

telephone number is (202) 366–5308. 

Please identify the relevant collection of 

information by referring to its OMB 

Control Number. 

SUPPLEMENTARY INFORMATION: Under the 

Paperwork Reduction Act of 1995, 

before an agency submits a proposed 

collection of information to OMB for 

approval, it must first publish a 

document in the Federal Register 

providing a 60-day comment period and 

otherwise consult with members of the 

public and affected agencies concerning 

each proposed collection of information. 

The OMB has promulgated regulations 

describing what must be included in 

such a document. Under OMB’s 

regulation (at 5 CFR 1320.8(d), an 

agency must ask for public comment on 

the following: 

(i) Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(ii) the accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information, including the 

validity of the methodology and 

assumptions used; 

(iii) how to enhance the quality, 

utility, and clarity of the information to 

be collected; 

(iv) how to minimize the burden of 

the collection of information on those 

who are to respond, including the use 

of appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g. permitting 

electronic submission of responses. 

In compliance with these 

requirements, NHTSA asks for public 

comments on the following proposed 

collections of information: 

Title: 49 CFR Part 556, Petitions for 

Inconsequentiality. 

OMB Control Number: 2127–0045. 

Affected Public: Businesses or other 

for profit entities. 

Abstract: If a motor vehicle or item of 

replacement motor vehicle equipment is 

determined to contain a defect related to 

motor vehicle safety or not to comply 

with an applicable Federal motor 

vehicle safety standard (FMVSS), the 

manufacturer is required under 49 

U.S.C. 30118 to furnish NHTSA and 

owners, purchasers, and dealers of the 

motor vehicle or equipment with 

notification of the defect or 

noncompliance. The manufacturer must 

also remedy the defect or 

noncompliance without charge under 49 

U.S.C. 30120. 

A manufacturer may be exempted 

from these requirements under 49 

U.S.C. 30118(d) if the agency decides, 

upon application of the manufacturer, 

that the defect or noncompliance is 

inconsequential as it relates to motor 

vehicle safety. That section provides 

that the agency may only take such 

action after publishing notice in the 

Federal Register and providing an 

opportunity for any interested person to 

present information, views, and 

arguments. 

Regulations implementing this 

provision are found in 49 CFR part 556 

Exemption for Inconsequential Defect or 

Noncompliance. The regulations 

provide that ‘‘the effect of a grant of a 

petition is to relieve the manufacturer 

from any further responsibility to 

provide notice and remedy of the defect 

or noncompliance.’’ See 49 CFR 556.7. 

The regulations further provide that 

each petition submitted under part 556 

must: 

(1) Be written in the English language; 

(2) Be submitted in three copies to 

NHTSA; 

(3) State the full name and address of 

the applicant, the nature of its 

organization (e.g., individual, 

partnership, or corporation) and the 

name of the State or county under the 

laws of which it is organized; 

(4) Describe the motor vehicle or item 

of replacement equipment, including 

the number involved and the period of 

production, and the defect or 

noncompliance concerning which an 

exemption is sought, and 

(5) Set forth all data, views, and 

arguments of the petitioner supporting 

the petition. 

See 49 CFR 556.4(b). 

The regulations also provide that the 

petition must be accompanied by three 

copies of the report of the defect or 

noncompliance that the manufacturer 

has compiled for submission to NHTSA 

under 49 CFR part 573 Defect and 

Noncompliance Responsibility and 

Reports, and be submitted no later than 

30 days after the manufacturer 

determines the existence of the defect or 

noncompliance or is notified that 

NHTSA has determined the existence of 

the defect or noncompliance. See 49 

CFR 556.4(b)(6) and (c). 

The agency receives, on average, 30 

petitions per year seeking exemptions 

under part 556 for an inconsequential 

defect or noncompliance. The agency 

estimates that it would take, on average, 

five hours for a manufacturer to 

compile, organize, and submit the 

information needed to support each 

petition. 

Estimated Annual Burden: 150 hours. 

Number of Respondents: 30. 

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. 

Issued on: February 16, 2011. 

Claude H. Harris, 

Acting Associate Administrator, for 

Enforcement. 

[FR Doc. 2011–4207 Filed 2–24–11; 8:45 am] 

BILLING CODE 4910–59–P 


srobinson on DSKHWCL6B1PROD with NOTICES