38080 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 

OMB Control Number 2100–0019 to 

provide the Agency with data for use in 

its review of the ADA related 

requirements and to monitor 

compliance by OTRB companies. Such 

data are reported to FMCSA as the 

agency delegated by DOT for this 

purpose. DOT needs additional data 

from OTRB companies so that it can 

conduct an effective review and make 

an informed regulatory policy decision 

on whether there is a need to revise, 

modify or remove any of the ADA 

regulations involving OTRBs. 

Specifically, data about bus fleet 

accessibility, fulfillment of accessible 

bus requests, and ridership and volume 

of complaints by passengers with 

disabilities, are needed from OTRB 

companies. 

DOT needs the new data to conduct 

the required review of the various 

requirements within the ADA 

regulations for OTRB companies. The 

Department, however, would need 

FMCSA to send letters to approximately 

3,800 registered OTRB companies that 

will be asked to complete and submit an 

enclosed form or make an on-line data 

submission via a customized Web site. 

As noted above, FMCSA published 

inadvertently a notice in the Federal 

Register with a 60-day public comment 

period to announce this new proposed 

ICR on April 22, 2008. Two comments 

were received. Peter Pan Bus Lines, Inc. 

and the American Bus Association 

questioned FMCSA’s authority to 

publish this new ICR when DOT had the 

authority to do so under OMB Control 

Number 2100–0019. While this new 

information collection request seeks 

different data from DOT’s OMB Control 

Number 2100–0019 Information 

Collection, the initial 60-day Federal 

Register notice on this issue should 

have been published by DOT, rather 

than by FMCSA. It is true that FMCSA 

would administer this new information 

collection upon OMB approval, but the 

Department and FMCSA determined 

that the new information collection 

request should be issued by DOT since 

it has the statutory authority to conduct 

the required review under the ADA 

regulations. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the performance of DOT’s 

functions; (2) the accuracy of the 

estimated burden; (3) ways for the DOT 

to enhance the quality, usefulness, and 

clarity of the collected information; and 

(4) ways that the burden could be 

minimized without reducing the quality 

of the collected information. 

Issued in Washington, DC, on July 22, 

2009. 

Patricia Lawton, 

DOT PRA Clearance Officer, Office of the 

Chief Information Officer. 

[FR Doc. E9–18013 Filed 7–29–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2009–0084] 

Agency Information Collection 

Activities: Notice of Request for 

Renewal of a Previously Approved 

Information Collection Titled: Federal 

Highway Administration (FHWA) State 

Reports for American Recovery and 

Reinvestment Act (ARRA) 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice of request for comments. 

SUMMARY: The FHWA invites public 

comments about our intention to request 

the Office of Management and Budget’s 

(OMB) approval for information 

collection that is summarized below 

under SUPPLEMENTARY INFORMATION. We 

published a Federal Register Notice 

with a 60-day public comment period 

on this information collection on May 

27, 2009. We are required to publish 

this notice in the Federal Register by 

the Paperwork Reduction Act of 1995. 

DATES: Please submit comments by 

August 31, 2009. 

ADDRESSES: You may submit comments 

identified by DOT Docket ID Number 

FHWA–2009–0084, by any of the 

following methods: 

Web Site: For access to the docket to 

read background documents or 

comments received go to the Federal 

eRulemaking Portal: Go to http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Fax: 1–202–493–2251. 

Mail: Docket Management Facility, 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590–0001. 

Hand Delivery or Courier: U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m. ET, Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Karen White, 202–366–9474, Office of 

Policy and Governmental Affairs, HPTS, 

Federal Highway Administration, 

Department of Transportation, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 7:30 a.m. to 4:30 

p.m., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Title: Federal Highway 

Administration (FHWA) State Reports 

for American Recovery and 

Reinvestment Act (ARRA), OMB Control 

#2125–0623. 

Background: The American Recovery 

and Reinvestment Act of 2009 (ARRA), 

provides the State Departments of 

Transportation and Federal Lands 

Agencies with $27.5 billion for highway 

infrastructure investment. With these 

funds also comes an increased level of 

data reporting with the stated goal of 

improving transparency and 

accountability at all levels of 

government. According to President 

Obama ‘‘Every American will be able to 

hold Washington accountable for these 

decisions by going online to see how 

and where their tax dollars are being 

spent.’’ The Federal Highway 

Administration (FHWA) in concert with 

the Office of the Secretary of 

Transportation (OST) and the other 

modes within the U.S. Department of 

Transportation (DOT) will be taking the 

appropriate steps to ensure that this 

accountability and transparency is in 

place for all infrastructure investments. 

The reporting requirements of the 

ARRA, are covered in Sections 1201, 

1512 and 1609. Section 1201(c)(1) 

stipulates that ‘‘notwithstanding any 

other provision of law each grant 

recipient shall submit to the covered 

agency (FHWA) from which they 

received funding periodic reports on the 

use of the funds appropriated in this Act 

for covered programs. Such reports shall 

be collected and compiled by the 

covered agency (FHWA) and 

transmitted to Congress. Covered 

agencies (FHWA) may develop such 

reports on behalf of grant recipients 

(States) to ensure the accuracy and 

consistency of such reports.’’ 

Section 1512 of the ARRA requires 

‘‘any entity that receives recovery funds 

directly from the Federal Government 

(including recovery funds received 

through grant, loan, or contract) other 

than an individual,’’ including States, to 

provide regular ‘‘Recipient Reports.’’ 

Section 1609 references the National 

Environmental Policy Act of January 1, 

1970. The ARRA legislation requires 

that ‘‘The President shall report to the 

Senate Environment and Public Works 

Committee and the House National 

Resources Committee every 90 days 

* * * the status and progress of projects 

and activities funded by this Act with 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 38081 

respect to compliance with National 

Environmental Policy act requirements 

and documentation.’’ 

As the recipients or grantees for the 

majority of the ARRA funds, States and 

Federal Land Management Agencies 

(FLMA) are by statute responsible for 

the reporting to FHWA on the projects, 

use of ARRA funds, and jobs supported. 

States and FLMA that receive recovery 

fund apportionments directly from the 

Federal government are responsible for 

reporting to FHWA, which in turn is 

responsible for reporting periodically to 

Congress and quarterly to the 

Recovery.gov Web site. To achieve a 

high-quality, consistent basis for 

reporting, the FHWA has designed a 

system for obtaining and summarizing 

data for all purposes. 

States and FLMA will be responsible 

for providing the data that are not 

currently available at the national level. 

Note every data element required to be 

reported by the ARRA needs to be 

specifically collected. To the maximum 

extent possible, FHWA will utilize 

existing data programs to meet the 

ARRA reporting requirements. For 

example, for the requirement to report 

aggregate expenditures of State funds, 

FHWA will use existing reports 

submitted by States and data collected 

in the Financial Management 

Information System (FMIS). While the 

reporting obligations in the ARRA are 

only applicable to the grant recipients, 

the States and FLMA may need to 

obtain certain information from their 

contractors, consultants, and other 

funding recipients in order to provide 

the FHWA with all of the required 

information. Additional information on 

the American Recovery and 

Reinvestment Act of 2009 is available at 

http://www.fhwa.dot.gov/ 

economicrecovery/index.htm. 

Respondents: In a reporting cycle, it is 

estimated that reports will be received 

from approximately 70 grant recipient 

respondents. Respondents include: 50 

State Departments of Transportation, the 

District of Columbia and Puerto Rico, 

the U.S. territories, the following 

Federal Land Management Agencies; 

National Park Service, U.S. Fish and 

Wildlife, National Forest Service and 

the Bureau of Indian Affairs and several 

Native American Indian Governments 

who, by contract, manage their own 

transportation program. These reports 

will be submitted online and reviewed 

for accuracy by the FHWA Division 

Offices before being submitted to FHWA 

Headquarters for compilation and 

submission to OST for publication on 

Recovery.gov. 

File Title: Initial Recovery Act Project 

Plan. 

Background: This file is used to 

submit information concerning how 

each State and FLMA plans to invest its 

allotment of ARRA funding. The list 

needs to be consistent with the list of 

projects provided in the State’s Section 

1511 certification, as it may be 

amended. States and FLMA should 

provide their best estimates of a 

complete list of projects to be funded 

with ARRA grants as of the plan’s due 

date. If a State has not programmed all 

ARRA funds by that time, that 

information should be provided as well. 

These data will be used for meeting the 

reporting requirements of Sections 1201, 

1512 and 1609. 

Frequency: Initial list was due March 

31, 2009. Additional updates are due 

within 2 weeks of the State or FLMA 

issuing a new Section 1511 certification. 

Estimated Average Burden per 

Response: 1 hour. 

Estimated Total Annual Burden 

Hours: 210 hours. 

70 respondents × 1 hour per response 

× 3 responses annually = 210 annual 

burden hours. 

File Title: Initial Recovery Act Award 

File. 

Background: This file is used to 

submit information concerning how 

each State and FLMA awards its 

allotment of ARRA funding. The list 

needs to be consistent with the list of 

projects provided in the State’s Section 

1511 certification, as it may be 

amended. States and FLMA should 

provide their best estimates of a 

complete list of awards to projects 

funded with ARRA grants as of the 

plan’s due date. These data will be used 

for meeting the reporting requirements 

of Sections 1201, 1512 and 1609. 

Frequency: Initial list was due March 

31, 2009. Additional updates are due 

within 2 weeks of the State or FLMA 

issuing a new Section 1511 certification. 

Estimated Average Burden per 

Response: 1 hour. 

Estimated Total Annual Burden 

Hours: 210 hours. 

70 respondents × 1 hour per response 

× 3 responses annually = 210 annual 

burden hours. 

File Title: Monthly Employment and 

Project Status File. 

Background: This file is submitted by 

States, FLMA and the FHWA to provide 

summary employment and project 

status for all active ARRA projects. 

These data will be used for meeting the 

reporting requirements of Sections 1201 

and 1512. 

Frequency: Monthly until September 

2012. 

Estimated Average Burden per 

Response: 1.5 hour. 

Estimated Total Annual Burden 

Hours: 1,260 hours. 

70 respondents × 1.5 hours per 

response × 12 responses annually = 

1,260 annual burden hours. 

File Title: Quarterly Status File. 

Background: This file is submitted by 

States, FLMA and the FHWA to provide 

summary employment and funding 

status for all active ARRA projects. 

These data will be used for meeting the 

reporting requirements of Sections 1201 

and 1512. 

Frequency: Quarterly until September 

2012. 

Estimated Average Burden per 

Response: 1 hour. 

Estimated Total Annual Burden 

Hours: 280 hours. 

70 respondents × 1 hour per response 

× 4 responses annually = 280 annual 

burden hours. 

File Title: Recipient File. 

Background: This file will be 

submitted by the States to provide 

information concerning sub-recipients 

and vendors for all Recovery Act 

projects. This data will be used for 

meeting the reporting requirements of 

Sections 1201, 1512 and 1609. States 

and FLMA shall provide the required 

information as individual vendors or 

sub-recipients. 

Frequency: Once per vendor or subrecipient. 

Estimated Average Burden per 

Response: 10 minutes. 

Estimated Total Annual Burden 

Hours: 385 hours. 

70 respondents × 10 minutes per 

response × 33 responses annually = 385 

annual burden hours. 

File Title: Top Paid Officers File. 

Background: This file will be 

submitted by the States to provide 

information concerning vendors for all 

Recovery Act projects. This data will be 

used for meeting the reporting 

requirements of Sections 1201, 1512 and 

1609. States and FLMA shall provide 

the required information as individual 

vendors. 

Frequency: Once per vendor. 

Estimated Average Burden per 

Response: 10 minutes. 

Estimated Total Annual Burden 

Hours: 385 hours. 

70 respondents × 10 minutes per 

response × 33 responses annually = 385 

annual burden hours. 

Estimated Total Annual Burden 

Hours: 2,730. 

Authority: The Paperwork Reduction Act 

of 1995; 44 U.S.C. Chapter 35, as amended; 

and 49 CFR 1.48. 


erowe on DSK5CLS3C1PROD with NOTICES
38082 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 

Issued on: July 24, 2009. 

Judi Kane, 

Acting Chief, Management Programs and 

Analysis Division. 

[FR Doc. E9–18144 Filed 7–29–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2009–0114; Notice 1] 

Bentley Motors, Inc., Receipt of 

Petition for Decision of 

Inconsequential Noncompliance 

Bentley Motors, Inc. (Bentley) has 

determined that certain passenger car 

headlamps manufactured for the 2005– 

2008 Bentley Arnage and Azure 

passenger cars do not fully comply with 

paragraph 49 CFR 571.108, Federal 

Motor Vehicle Safety Standard (FMVSS) 

No. 108 Lamps, Reflective Devices and 

Associated Equipment. Bentley has filed 

an appropriate report pursuant to 49 

CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. 

Pursuant to 49 U.S.C. 30118(d) and 

30120(h) (see implementing rule at 49 

CFR part 556), Bentley has petitioned 

for an exemption from the notification 

and remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that this 

noncompliance is inconsequential to 

motor vehicle safety. 

This notice of receipt of Bentley’s 

petition is published under 49 U.S.C. 

30118 and 30120 and does not represent 

any agency decision or other exercise of 

judgment concerning the merits of the 

petition. 

Bentley estimated that 1,115 model 

year 2005–2008 Bentley Arnage and 

Azure passenger cars manufactured 

between January 13, 2004 and 

November 9, 2007 are involved. Bentley 

also stated that based on its preliminary 

investigation it believes that only 50% 

of those vehicles have the subject 

noncompliance. 

Paragraphs S7.8.5.3(b) of FMVSS No. 

108 require in pertinent part: 

S7.8.5.3 Visual/optical aiming. Each 

visually/optically aimable headlamp shall be 

designed to conform to the following 

requirements: * * * 

(b) Horizontal aim, lower beam. There shall 

be no adjustment of horizontal aim unless the 

headlamp is equipped with a horizontal 

VHAD. If the headlamp has a VHAD, it shall 

be set to zero. 

Bentley explained that the 

noncompliance with FMVSS No. 108 is 

that horizontal aim adjustment of the 

subject lower beams is possible due to 

the absence of a blanking cap over the 

lower beam horizontal adjustment 

screw. 

Bentley also stated that it discovered 

this noncompliance as a result of a 

special production line quality audit 

investigation. 

Bentley further states that it believes 

that this noncompliance is 

inconsequential to motor vehicle safety 

for three reasons. First, the adjustment 

screw is always hidden by an engine 

cover when the vehicle’s hood is open. 

Second, when the engine cover is 

removed the screw is still hidden down 

a small dark guide hole, so the screw is 

not immediately visible and it is not 

immediately obvious that a disabling 

cap is not present. Last, the workshop 

manual clearly identifies that this screw 

is not functional on North American 

specification vehicles so no vehicle 

repairer would ever need to try to search 

for and adjust the screw in question. 

Bentley also has informed NHTSA 

that it has corrected the problem that 

caused this noncompliance. 

In summation, Bentley states that it 

believes that the noncompliance is 

inconsequential to motor vehicle safety 

and that no corrective action is 

warranted. 

NHTSA notes that the statutory 

provisions (49 U.S.C. 30118(d) and 

30120(h)) that permit manufacturers to 

file petitions for a determination of 

inconsequentiality allow NHTSA to 

exempt manufacturers only from the 

duties found in sections 30118 and 

30120, respectively, to notify owners, 

purchasers, and dealers of a defect or 

noncompliance and to remedy the 

defect or noncompliance. 

Interested persons are invited to 

submit written data, views, and 

arguments on this petition. Comments 

must refer to the docket and notice 

number cited at the beginning of this 

notice and be submitted by any of the 

following methods: 

a. By mail addressed to: U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

b. By hand delivery to: U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. The Docket Section is open 

on weekdays from 10 am to 5 pm except 

Federal Holidays. 

c. Electronically: by logging onto the 

Federal Docket Management System 

(FDMS) Web site at http:// 

www.regulations.gov/. Follow the online 

instructions for submitting comments. 

Comments may also be faxed to 1–202– 

493–2251. 

Comments must be written in the 

English language, and be no greater than 

15 pages in length, although there is no 

limit to the length of necessary 

attachments to the comments. If 

comments are submitted in hard copy 

form, please ensure that two copies are 

provided. If you wish to receive 

confirmation that your comments were 

received, please enclose a stamped, selfaddressed postcard with the comments. 

Note that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

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.). DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

You may view documents submitted 

to a docket at the address and times 

given above. You may also view the 

documents on the Internet at http:// 

www.regulations.gov by following the 

online instructions for accessing the 

dockets available at that Web site. 

The petition, supporting materials, 

and all comments received before the 

close of business on the closing date 

indicated below will be filed and will be 

considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the extent possible. 

When the petition is granted or denied, 

notice of the decision will be published 

in the Federal Register pursuant to the 

authority indicated below. 

Comment closing date: August 31, 

2009. 

Authority: 49 U.S.C. 30118, 30120: 

delegations of authority at CFR 1.50 and 

501.8. 

Issued on: July 23, 2009. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. E9–18145 Filed 7–29–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2009–31] 

Petition for Exemption; Summary of 

Petition Received 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 


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