41968 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 

submitted to OMB via an Emergency 

Information Collection Request. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 3501 et 

seq.) this notice announces the 

Information Collection Request on DOT 

Form F4504—Application for 

Reimbursement of Bond Fees for this 

new ARRA DOT program. The notice is 

being forwarded to the Office of 

Management and Budget for Emergency 

Action and approval. 

In an effort to assist the 

Disadvantaged Business Enterprises 

(DBEs) obtain transportation and 

infrastructure contracts at the local, 

state and federal levels, the Department 

of Transportation’s (DOT) Office of the 

Secretary, Office of Small and 

Disadvantaged Business Utilization 

(OSDBU) has established under the 

American Recovery and Reinvestment 

Act (ARRA) of 2009, the DBE ARRA 

Bonding Assistance Program (BAP) 

Reimbursement Fee Program This 

program will assist DBEs become more 

competitive and perform on more 

transportation infrastructure projects 

receiving ARRA funding assistance from 

any DOT mode of transportation, such 

as Federal Highway Administration, 

(FHWA), Federal Transit 

Administration (FTA), Federal Aviation 

Administration (FAA), Federal Railroad 

Administration (FRA), and the Maritime 

Administration (MARAD). The DBE 

ARRA BAP is financial assistance in the 

form of a bonding fee cost 

reimbursement. DOT will directly 

reimburse DBEs the premiums paid to 

the surety company, usually between 2– 

3% of the total bond amount, for 

performance, payment or bid/proposal 

bonds. In the event the DBE also obtains 

a bond guarantee from Small Business 

Administration’s (SBA) Surety Bond 

Guarantee Program (SBGP), the DOT 

will also reimburse the DBE for the 

small business concern (principal) fee of 

.729% of the contract price. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Strine, Manager, 202–366–1930, 

Financial Assistance Division, Office of 

Small and Disadvantaged Business 

Utilization, Office of the Secretary, U.S. 

Department of Transportation, 1200 

New Jersey Avenue, SE., Room W56– 

493, Washington, DC 20590. Office 

hours are from 9 a.m. to 5 p.m., Monday 

through Friday, except holidays. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: OMB Control 

Number 2105–XXXX. 

Title: ARRA Bonding Assistance 

Program Reimbursement Fee Program. 

Form Number: DOT F 4504. 

Affected Public: Disadvantaged 

Business Enterprises—certified by Title 

49 CFR, Part 26. 

Frequency: One-time. 

Estimated Average Burden per 

Response: 2 hours. 

Estimated Annual Burden Hours: 

3,540 hours. 

Abstract: ARRA Bonding Assistance 

Program Reimbursable Fee Program. 

The information collected will be 

from the DBE working on transportation 

or infrastructure ARRA funded project. 

The information collected will be used 

by DOT OSDBU to verify eligibility, 

process the application, and disburse 

the reimbursement. The information 

being collected relates the name of the 

company; full street address; the Dun 

and Bradstreet Number (DUNS); Central 

Contractor Registration along with Bank 

information to process their payment; 

DOT transportation related contract 

information; supporting documentation 

that shows the federal project number, 

bond information along with a copy of 

their bond; and proof of payment of the 

fee. The applicant’s eligibility is 

determined by submitting a copy of a 

DBE certification and/or annual 

affidavit, if applicable, for bonding fee 

reimbursement for specific bonds. This 

will be verified by OSDBU staff as part 

of the application process. Instructions 

are attached along with a copy of 

sample letter to show how to obtain the 

federal project number. This 

information is necessary to be able to 

reimburse the DBE the financial 

assistance for the bond fees. 

Issued in Washington, DC, on August 10, 

2009. 

Tracey M. Jackson, 

Office of the Chief Information Officer. 

[FR Doc. E9–19917 Filed 8–18–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket Number DOT–OST–2008–0196] 

Notice of Request for Reinstatement of 

an Information Collection 

AGENCY: Office of the Secretary. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 3501 et 

seq.), this notice announces that the 

Information Collection Request, 

abstracted below, is being forwarded to 

the Office of Management and Budget 

for renewal and comment. The ICR 

describes the nature of the information 

collection and its expected cost burden. 

The Federal Register Notice with a sixty 

day comment period soliciting 

comments on the following collection of 

information was published on August 

26, 2008 [FR Vol. 73, page 50396]. No 

comments were received. 

DATES: Written comments on this notice 

should be received on or before 

September 18, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Robert Ashby, Acting Assistant General 

Counsel for Regulation and 

Enforcement, Office of the Secretary, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., Suite W94– 

302, Washington, DC 20590, (202) 366– 

9310. 

Comments: Comments should be 

submitted to OMB: Attention DOT/OST 

Desk Officer, Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, Docket 

Library, Room 10102, 725 17th Street, 

NW., Washington, DC 20503, with the 

associated OMB Approval Number 

2100–0019 and Docket DOT–OST– 

2008–0196 or 

oira_submission@omb.eop.gov (e-mail). 

SUPPLEMENTARY INFORMATION: 

Title: Transportation for Individuals 

with Disabilities ; Accessibility of Overthe-Road Buses (OTRBs). 

OMB Control Number: 2100–0019. 

Type of Review: Reinstatement of an 

Information Collection. 

Respondents: Charter/tour service 

operators, fixed route companies, small 

mixed service operators. 

Number of Respondents: 316,226. 

Number of Responses: Variable. 

Total Annual Burden: 182,873 hours. 

Abstract: The Department of 

Transportation (DOT), in conjunction 

with the U.S. Architectural and 

Transportation Barriers Compliance 

Board, issued final access regulations 

for privately operated over-the-road 

buses (OTRBs) as required by the 

Americans with Disability Act (ADA) of 

1990. The Final Rule on Accessibility of 

Over-the-Road Buses has the following 

recordkeeping/reporting requirements: 

The first has to do with 48 hour advance 

notice and compensation. The second 

has to do with equivalent service and 

compensation. The third has to do with 

reporting information on ridership on 

accessible fixed route buses. The fourth 

has to do with recordkeeping for 5 

years. The fifth has to do with report 

submission to DOT annually. The sixth 

has to do with reporting information on 

the purchase and lease of accessible and 

inaccessible new and used buses. When 

initiating the information collection as 

part of the rulemaking that established 

the requirements in question, the 

Department provided the estimate of 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 41969 

1See Southern Pac. Transp. Co.—Aband.—in 

Modoc County, CA and Lake County, OR, Docket 

No. AB–12 (Sub-No. 84) (ICC served Oct. 20, 1985). 

2See Lake County Railroad—Modified Rail 

Certificate, STB Finance Docket No. 33581 (STB 

served Apr. 24, 1998). 

3See Modoc Railway and Land Company, LLC— 

Acq. & Oper. Exempt.—in Lake County, OR, STB 

Finance Docket No. 34995 (STB served Feb. 28, 

2007); and Modoc Northern Railroad Co.—Acq. & 

Oper. Exempt.—in Lake County, OR, STB Finance 

Docket No. 34996 (STB served Feb. 28, 2007). 

4 In response to a Board query in that decision 

regarding a slight discrepancy between the milepost 

numbers for the line in STB Finance Docket No. 

33581 and in this proceeding, Lake County explains 

that it is using the milepost numbers set forth in 

STB Finance Docket Nos. 34995 and 34996 in 

which MR&L–MNRR obtained Board authority to 

lease and operate the line. 

burdens set forth below. We have no 

reason to believe that the time necessary 

to comply with the information 

collection requirements has changed in 

the meantime. We would note that this 

estimate assumes compliance by bus 

operators with the information 

collection requirements. Reporting rates, 

however, have been low. 

The purpose of the information 

collection requirements is to provide 

data that the Department can use in 

reviewing the provisions of its rule and 

to assist the Department in its oversight 

of compliance by bus companies. In 

particular, the data will be used to assist 

the Department in conducting the 

reevaluation of the requirements of the 

over-the-road bus rule mentioned in the 

regulation itself. 

Burden Statement: The amount of 

data sought is held to the minimum 

amount necessary to ensure compliance 

with the regulation. As suggested in 

comments from both the bus industry 

and disability community commenters 

during the rulemaking leading to this 

rule, recordkeeping and reporting of this 

kind would be useful for the purpose of 

ensuring compliance. The cumulative 

total burden for the information 

collection is between 167,889 hours 

(low estimate) and 182,873 hours (high 

estimate). 

Comments are invited on: (a) Whether 

this collection of information (third 

party notification) is necessary for the 

proper performance of the agency, 

including whether the information will 

have practical utility; (b) the accuracy of 

the agency’s estimate of burden of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information collected; and 

(d) ways to minimize the burden of the 

collection of information on the 

respondents, including through the use 

of automated techniques or other forms 

of information technology. 

All responses to this notice will be 

summarized and included in the request 

for OMB approval. All comments will 

also become a matter of public record. 

Issued in Washington, DC on August 13, 

2009. 

Tracey M. Jackson, 

Office of the Chief Information Officer. 

[FR Doc. E9–19922 Filed 8–18–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–1035] 

Lake County, Oregon—Adverse 

Discontinuance of Rail Service— 

Modoc Railway and Land Company, 

LLC and Modoc Northern Railroad 

Company 

On July 30, 2009, Lake County, OR 

(County) filed an application under 49 

U.S.C. 10903 asking the Board to 

authorize the third-party, or ‘‘adverse,’’ 

discontinuance of operating authority of 

Modoc Railway and Land Company, 

LLC (MR&L) and Modoc Northern 

Railroad Company (MNRR) over a 

55.41-mile rail line between milepost 

456.89 at or near Alturas, CA, and 

milepost 512.30 at or near Lakeview, 

OR. 

The line includes no stations and 

traverses United States Postal Service 

ZIP codes 96101, 96108, 97635, and 

97630. 

According to the County, the line was 

constructed and operated for many 

years by Southern Pacific 

Transportation Company (SP). In 1985, 

the Board’s predecessor, the Interstate 

Commerce Commission, authorized SP 

to abandon the line.1

The County acquired the line from SP 

after its abandonment. Through its 

Railroad Commission, the County 

contracted with The Great Western 

Railway Company (GWR) to operate the 

line pursuant to a modified certificate of 

public convenience and necessity. The 

County terminated rail operations by 

GWR, effective November 1, 1997. 

Thereafter, the County obtained its own 

modified certificate and commenced 

operation of the line through its Lake 

County Railroad division.2

In 2007, the County leased the line to 

MR&L and MNRR.3 In 2009, according 

to the County, MR&L and MNRR 

materially breached their lease 

agreement with the County. The County 

further claims that, after the breach was 

not cured within the notice period 

required by that lease, it terminated the 

lease, effective May 7, 2009. The County 

states that it has resumed operation of 

the line pursuant to its residual 

common carrier authority, with Lake 

Railway acting as the County’s agent for 

the provision of rail service on the line. 

The County now seeks Board 

permission through an adverse 

discontinuance proceeding to terminate 

the regulatory authority of MR&L– 

MNRR to lease and operate the line so 

that it can proceed to remove them from 

the line. 

In a decision served in this 

proceeding on June 15, 2009, the Board 

granted a petition filed by the County 

for exemptions from several statutory 

provisions and for waivers of certain 

Board regulations governing rail line 

discontinuances.4

The County states that the line does 

not contain federally granted rights-ofway. Any documentation in the 

County’s possession will be made 

available promptly to those requesting 

it. The County’s entire case in chief for 

adverse discontinuance was filed with 

the application. 

The interests of railroad employees 

will be protected by the conditions set 

forth in Oregon Short Line R. Co.— 

Abandonment—Goshen, 360 I.C.C. 91 

(1979). 

Any interested person may file 

written comments concerning the 

proposed adverse discontinuance or 

protests (including protestant’s entire 

opposition case) by September 14, 2009. 

The County shall file a reply, if any, by 

September 28, 2009. Because the County 

is providing for continued service on 

the line, all interested persons should be 

aware that this application is for adverse 

discontinuance and will not result in 

the abandonment of existing operations. 

Therefore, as discussed in the Board’s 

June 15 decision, the Board has 

exempted this proceeding from the offer 

of financial assistance (OFA) 

requirements at 49 U.S.C. 10904 and 

waived its OFA regulations at 49 CFR 

1152.27, and the Board will not 

entertain requests for a public use 

condition under 49 U.S.C. 10905 (49 

CFR 1152.28) or a trail use condition 

under 16 U.S.C. 1247(d) (49 CFR 

1152.29). 

Persons opposing the proposed 

adverse discontinuance who wish to 

participate actively and fully in the 

process should file a protest. Persons 

who may oppose the adverse 

discontinuance but who do not wish to 

participate fully in the process by 


jlentini on DSKJ8SOYB1PROD with NOTICES