[Federal Register Volume 69, Number 212 (Wednesday, November 3, 2004)]
[Notices]
[Page 64127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24464]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[FTA Docket No. 2004-19516]


Agency Information Collection Activity Under OMB Review

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 (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 approval. The Federal 
Register Notice with a 60-day comment period soliciting comments was 
published on July 23, 2004.

DATES: Comments must be submitted before December 3, 2004. 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: 2132-0549).
    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)(7) 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 604.
    49 CFR 604.7 requires all applicants for financial assistance under 
49 U.S.C. Sections 5309, 5336, or 5311 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 agreements, but 
FTA executes it only upon approval of the application. This is a one-
time submission with incorporation by reference in subsequent grant 
applications. 49 CFR 604.11(b) requires recipients to provide notice to 
all private charter operators and allows them 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 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. 49 CFR 604.13(b) requires 
recipients to review the evidence submitted and notify the submitter of 
its decision. This notice is also an annual requirement. On December 
30, 1988, FTA issued an amendment to the Charter Service regulation 
that allows additional exceptions for certain non-profit social groups 
that meet eligibility requirements.
    Estimated Total Annual Burden: 1,984 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.

    Dated: October 27, 2004.
Ann M. Linnertz,
Deputy Associate Administrator for Administrator.
[FR Doc. 04-24464 Filed 11-2-04; 8:45 am]
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