48624 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 

grantees on a reimbursement basis. FRA 

anticipates awarding grants to multiple 

eligible participants. FRA may choose to 

award a grant or grants within the 

available funds in any amount. Funding 

made available through grants provided 

under this program, together with 

funding from other sources that is 

committed by a grantee as part of a grant 

agreement, must be sufficient to 

complete the funded project and 

achieve the anticipated rehabilitation 

and repairs to Class II and Class IIII 

railroads. FRA will be publishing a 

second Notice of Funding Availability 

shortly and will begin accepting grant 

applications 10 days after publication of 

this second Notice of Funding 

Availability in the Federal Register. 

Please see this Notice for further 

information. 

Form Number(s): SF–424. 

Annual Estimated Burden Hours: 

4,875 hours. 

Addressee: Send comments regarding 

this information collection to the Office 

of Information and Regulatory Affairs, 

Office of Management and Budget, 725 

Seventeenth Street, NW., Washington, 

DC 20503, Attention: FRA Desk Officer. 

Comments may also be sent via e-mail 

to OMB at the following address: 

oira_submissions@omb.eop.gov. 

Comments are invited on the 

following: 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. 

A comment to OMB is best assured of 

having its full effect if OMB receives it 

within 30 days of publication of this 

notice in the Federal Register. 

Authority: 44 U.S.C. 3501–3520. 

Issued in Washington, DC, on September 

16, 2009. 

Donna Alwine, 

Acting Director, Office of Financial 

Management, Federal Railroad 

Administration. 

[FR Doc. E9–22940 Filed 9–22–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2009–0160] 

Public Hearing To Determine Whether 

Transportation Collaborative, Inc. (TCI) 

Has Met Notification and Remedy 

Requirements 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Notice of public hearing. 

SUMMARY: NHTSA will hold a public 

hearing to gather information on 

whether Transportation Collaborative, 

Inc. of Warwick, New York, (‘‘TCI’’) has 

reasonably met its obligations under the 

National Traffic and Motor Vehicle 

Safety Act, as amended, to notify 

owners, purchasers, and dealers and/or 

remedy failures to comply with federal 

motor-vehicle safety standards (FMVSS) 

or defects related to motor vehicle safety 

in fifteen (15) recalls involving vehicles 

built by U.S. Bus, Inc. of Suffern, New 

York (‘‘U.S. Bus’’). The proceeding may 

result in the issuance of an order 

directing TCI to provide proper 

notification and/or an effective remedy 

in one or more of the recalls. 

DATES: The public hearing will be held 

beginning at 10 a.m. on Friday, October 

23, 2009 in Room 4 of the D.O.T. 

Conference Center, located at 1200 New 

Jersey Ave., SE., Washington, DC 20590. 

NHTSA recommends that all persons 

attending the hearing arrive at least 45 

minutes early in order to facilitate entry 

into the Conference Center. If you wish 

to attend or speak at the hearing, you 

must register in advance no later than 

Tuesday, October 20, 2009, by following 

the instructions in the PROCEDURAL 

MATTERS section of this notice. 

NHTSA will consider late registrants to 

the extent time and space allows, but 

NHTSA cannot ensure that late 

registrants will be able to attend or 

speak at the hearing. To ensure that 

NHTSA has an opportunity to consider 

comments, NHTSA must receive written 

comments by Tuesday, October 20, 

2009. 

ADDRESSES: You may submit comments 

to the docket number identified in the 

heading of this document by any of the 

following methods: 

• Federal eRulemaking Portal: go to 

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

online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

M–30, U.S. Department of 

Transportation, West Building, Ground 

Floor, Rm. W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., between 

9 am and 5 pm Eastern Time, Monday 

through Friday, except Federal holidays. 

• Fax: (202) 493–2251. 

Regardless of how you submit your 

comments, you should mention the 

docket number of this document. 

You may call the Docket at 202–366– 

9324. 

Note that all comments received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

Zachary Dunlap, Office of Chief 

Counsel, National Highway Traffic 

Safety Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590; 

(202) 366–5263. Information related to 

the recalls is available through NHTSA’s 

Web site: http://www.safercar.gov. 

SUPPLEMENTARY INFORMATION: Pursuant 

to 49 U.S.C. 30118(e), 30120(e), and 49 

CFR 557.7, NHTSA’s Administrator has 

decided that it is necessary to schedule 

a public hearing to determine whether 

TCI reasonably met notification and 

remedy requirements for noncompliant 

and defective vehicles manufactured by 

U.S. Bus. TCI purchased U.S. Bus’ assets 

in an asset sale on or about November 

1, 2007. Prior to this sale, U.S. Bus filed 

at least fifteen (15) reports with NHTSA 

that vehicles it manufactured failed to 

comply with applicable FMVSS or 

contained safety defects. Since the date 

of the asset sale, neither U.S. Bus nor 

TCI have taken any actions to remedy 

the defects and noncompliances. 

According to current and former U.S. 

Bus officials, U.S. Bus ceased operations 

on or about October 31, 2007 and no 

longer manufactures buses. TCI and U.S. 

Bus have continuity of ownership, 

management, personnel, assets, and 

general business operations. Based on 

available information, the shareholders 

of both U.S. Bus and TCI—Debra Bess 

Deutsch-Corr, Steven Marksohn, Jerome 

B. Marksohn, Bart Marksohn, and 

Helena Marksohn—are the same. 

A. Requirements Applicable to 

Recalls: 

If a manufacturer of a motor vehicle 

learns that a vehicle contains a defect 

and determines that the defect relates to 

motor-vehicle safety, or determines that 

the vehicle does not comply with an 

applicable motor vehicle safety 

standard, the manufacturer shall notify 

the Secretary of Transportation and the 

owners, purchasers, and dealers of the 

vehicle. 49 U.S.C. 30118(c). Notification 

shall be given within a reasonable time 

after the manufacturer first decides that 

a safety-related defect or nonmstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 48625 

49 U.S.C. 30120(c)(2). After filing a 

notification with the Secretary that a 

vehicle contains a defect or does not 

comply with an applicable motor 

vehicle safety standard, the 

manufacturer shall file a copy of the 

manufacturer’s remedy program. 49 

U.S.C. 30120(d). The manufacturer is 

required to file quarterly reports that 

include information about the 

implementation of the remedy plan. 49 

U.S.C. 30120(d). The Secretary’s 

authority has been delegated to NHTSA. 

49 CFR 1.50(a). 

1. Defect and Noncompliance 

Information Report 

49 CFR 573.6 specifies the 

information the manufacturer must 

include in its Defect and 

Noncompliance Information Report, 

commonly referred to as a Part 573 

report, which notifies NHTSA of the 

existence of a noncompliance with a 

FMVSS or a defect that relates to motor 

vehicle safety. The manufacturer is 

required to report the estimated date on 

which it will begin sending notifications 

to owners and to dealers that there is a 

noncompliance or safety-related defect 

and that a remedy without charge will 

be available to owners, and the 

estimated date(s) on which it will 

complete such notifications. The 

manufacturer is to describe its program 

for remedying the defect or noncompliance. If a manufacturer 

subsequently becomes aware that either 

the beginning or the completion dates 

reported to the agency for any of the 

notifications will be delayed by more 

than two weeks, it shall promptly advise 

the agency of the delay and the reasons 

therefor, and furnish a revised estimate. 

2. Notification 

Under 49 CFR 577.5, the 

manufacturer of motor vehicles is 

required to provide notice to owners 

and dealers when it determines that any 

motor vehicle contains a noncompliance 

with a FMVSS or a defect that relates to 

motor vehicle safety. The proposed 

owner notification letter must be 

submitted to NHTSA’s Recall 

Management Division no fewer then five 

Federal Government business days 

before the manufacturer intends to begin 

mailing it to owners. 

This section also states the 

substantive requirements for the body of 

the notice. In summary, it must include 

a statement of measures to be taken to 

remedy the problem, without charge. 

Also to be included is the earliest date 

on which the defect or noncompliance 

will be remedied without charge. In the 

case of remedy by repair, this date shall 

be the earliest date on which the 

manufacturer reasonably expects that 

dealers or other service facilities will 

receive necessary parts and instructions. 

3. Time and Manner of Notification 

49 CFR 577.7 requires the 

manufacturer to furnish the notification 

required by 49 CFR 577.5 to owners and 

dealers within a reasonable time after 

the manufacturer first decides that a 

noncompliance or defect that relates to 

motor vehicle safety exists. 

4. Quarterly Reports 

49 CFR 573.7 requires that each 

manufacturer who is conducting a 

noncompliance or defect notification 

campaign to submit on a quarterly basis, 

a report to NHTSA containing certain 

information. Included in this report is 

NHTSA’s notification campaign 

number, the date notification began and 

was completed, and the number of 

vehicles or items of equipment involved 

in the notification campaign. The 

manufacturer must provide the number 

of vehicles and equipment items which 

have been inspected and repaired, the 

number of vehicles and equipment 

items inspected and determined not to 

need repair, and the number of vehicles 

or items of equipment determined to be 

unreachable for inspection for any 

reason. Finally, the number of vehicles 

or items or equipment in each category 

shall be specified. 

This information must be included in 

a quarterly report with respect to each 

notification campaign, for each of six 

consecutive quarters beginning with the 

quarter in which the campaign was 

initiated (i.e., the date of initial mailing 

of the defect or noncompliance 

notification to owners) or corrective 

action has been completed on all 

defective or non-complying vehicles or 

items of replacement equipment 

involved in the campaign, whichever 

occurs first. 

5. Requirement To Provide a Free 

Remedy 

After notice is given, a manufacturer 

‘‘shall remedy the defect or 

noncompliance without charge when 

the vehicle or equipment is presented 

for remedy.’’ 49 U.S.C. 30120(a)(1). A 

manufacturer can remedy one of three 

ways: by repairing the vehicle; by 

replacing the vehicle with an identical 

or reasonably equivalent vehicle; or, by 

refunding the purchase price, less a 

reasonable allowance for depreciation. 

49 U.S.C. 30120(a)(1)(A). 

6. Public Hearing 

As provided by 49 U.S.C. 30118(e), 

30120(e), and 49 CFR 557.7, NHTSA’s 

Administrator can conduct a hearing to 

decide whether a manufacturer has 

reasonably met its notification 

requirements or remedy requirements. If 

the Administrator determines that the 

manufacturer has not reasonably met his 

obligation to notify owners, purchasers, 

and dealers of a safety-related defect or 

failure to comply with a FMVSS or to 

remedy such defect or failure to comply, 

he can order the manufacturer to take 

specified action to comply with the 

manufacturer’s obligation. In addition, 

the Administrator may take any action 

authorized by the Act. 49 U.S.C. 

30118(e), 30120(e), and 49 CFR 557.8. 

A. U.S. Bus and TCI 

U.S. Bus is a New York corporation 

that formerly manufactured buses. From 

2001 to 2007, U.S. Bus filed twenty-one 

(21) defect and noncompliance 

information reports (‘‘Part 573 Report’’) 

with NHTSA pursuant to 49 CFR 573.6. 

A number of the recall campaigns 

initiated by U.S. Bus have not been 

completed. In some, owners, 

purchasers, and dealers have not been 

provided notice. In a larger number of 

recalls, many buses have not been 

repaired. By mid 2007, U.S. Bus had 

committed to completing a number of 

recall and remedy campaigns that 

would require substantial repairs. 

Around November 1, 2007, U.S. Bus 

notified the Agency that it sold its assets 

to another corporation, TCI. TCI is a 

New York corporation that 

manufactures buses, and does business 

under the name, TransTech Bus or 

Trans-Tech Bus. The asset sale between 

TCI and U.S. Bus occurred on or about 

November 1, 2007. After the sale, 

NHTSA served Special Orders 

requesting information about the 

outstanding recalls, the asset sale and 

the ownership, activities, and 

management of both companies from 

TCI, U.S. Bus, and their management. 

After reviewing this information, 

NHTSA has tentatively concluded that 

TCI, as the successor of U.S. Bus, is 

legally responsible for completing the 

notification or remedy campaigns for 

the outstanding U.S. Bus recalls. 

B. Affected Recalls 

Fifteen (15) noncompliance or defect 

recalls initiated by U.S. Bus remain 

incomplete. A list of the incomplete 

recalls is listed below. 

• NHTSA Recalls No. 01V–234 and 

01V–235: Recall of 474 vehicles whose 

seat back impact barriers failed to meet 

the strength requirements of FMVSS No. 

222, school bus passenger seating and 

crash protection, increasing the risk of 

occupant injury in a crash. U.S. Bus 

reported that all owners had been 

mstockstill on DSKH9S0YB1PROD with NOTICES

48626 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 

notified and 216 vehicles had been 

repaired. 

• NHTSA Recall No. 01V–281: Recall 

of 188 Model Year (‘‘MY’’) 1998 through 

2001 Sturdibus vehicles that failed to 

comply with the body joint strength 

requirements of FMVSS No. 221, school 

bus body joint strength, increasing the 

risk that the vehicle body panels might 

separate in a crash. As of U.S. Bus’ last 

official filing with NHTSA in October 

2007, U.S. Bus reported that all owners 

had been notified but none of the 

vehicles had been remedied. In a 

subsequent response from U.S. Bus, 

listed as being updated on November 

19, 2007, U.S. Bus reported that there 

were 171 affected vehicles, 165 of which 

had been notified, and 74 had been 

inspected and remedied. U.S. Bus also 

stated that ‘‘[t]his recall is superceeded 

[sic] by Recall Number: 05V–375 Body 

Joint Strength,’’ which is inaccurate. 

• NHTSA Recall No. 05V–255: Recall 

of 172 MY 2004 and 2005 model year 

Sturdibus and Universe vehicles whose 

seat back impact barriers failed to meet 

the strength requirements of FMVSS No. 

222, school bus passenger seating and 

crash protection, increasing the risk of 

occupant injury in a crash. As of August 

2007, U.S. Bus reported that it had 

notified all owners of these vehicles but 

had not performed any repairs to 

remedy the condition cited in the recall. 

In a subsequent response from U.S. Bus, 

listed as being updated on November 

19, 2007, U.S. Bus reported that 154 

affected owners were notified, customer 

notification was complete, and that 

repairs were started. U.S. Bus reported 

that it did not know how many parts 

shipments were sent. U.S. Bus also 

reported that Norco Industries would be 

conducting the recall. 

• NHTSA Recall No. 05V–257: Recall 

of 200 MY 2005 Sturdibus vehicles 

whose windows failed to meet the 

retention requirements of FMVSS 217, 

bus emergency exits and window 

retention and release, increasing the risk 

that passengers could be ejected in a 

crash. As of August 2007, U.S. Bus 

reported that there were 137 affected 

vehicles, all owners had been notified 

and provided with repair kits. However, 

it also reported that only 24 vehicles 

were known to have actually been 

repaired. In a subsequent response from 

U.S. Bus, listed as being updated on 

November 19, 2007, U.S. Bus reported 

that owners of 134 of the 137 affected 

vehicles had been notified, and 44 

vehicles had been inspected and 

remedied. U.S. Bus reported 134 

‘‘remedy parts kits shipped.’’ 

• NHTSA Recall No. 05V–336: Recall 

of 38 vehicles equipped with stop arms 

that may fail to extend in cold weather 

conditions. As of April 2007, U.S. Bus 

reported that it had no information on 

notification or remedy of this defect and 

contended that the manufacturer of the 

stop arm was providing notice and 

remedy. In a subsequent response from 

U.S. Bus, listed as being updated on 

November 19, 2007, U.S. Bus reported 

that the notification was ‘‘complete,’’ 

and that Specialty Manufacturing, 

which made the stop arms, was 

determining the recall status. 

• NHTSA Recall No. 05V–375: Recall 

of 137 MY 2005 Sturdibus HD vehicles 

with body joints that failed to meet the 

strength requirements of FMVSS No. 

221, school bus body joint strength, 

increasing the risk that body panels 

might separate in a crash. As of August 

2007, U.S. Bus reported that all owners 

had been notified, provided with repair 

kits, and 24 vehicles had been repaired. 

In a subsequent response from U.S. Bus, 

listed as being updated on November 

19, 2007, U.S. Bus reported that owners 

of the 134 of the 137 affected vehicles 

had been notified, and 44 vehicles had 

been inspected and remedied. U.S. Bus 

also noted that ‘‘[p]arts for Recall 01V– 

281 are to be shipped as part of this 

recall.’’ 

• NHTSA Recall No. 06V–416: Recall 

of 4019 MY 1998–2006 Universe and 

Sturdibus vehicles manufactured with a 

mirror use label applied in a position 

where it cannot be seen by a seated 

driver as required by FMVSS No. 111, 

rearview mirrors. As of its last report to 

NHTSA in October 2007, U.S. Bus 

identified 3694 affected owners and 

inspected and remedied 1510 vehicles. 

In a subsequent response from U.S. Bus, 

listed as being updated on November 

19, 2007, U.S. Bus reported that owners 

of 3694 of the 4019 affected vehicles 

had been notified, and 2025 vehicles 

had been inspected and remedied. 

• NHTSA Recall No. 06V–443: Recall 

of 96 MY 2000–2006 Sturdibus vehicles 

built with seat back barriers that did not 

match the contour of the seats on which 

they were installed, as required by 

FMVSS No. 222, school bus passenger 

seating and crash protection, increasing 

the risk that occupants might be injured 

in a crash. U.S. Bus reported notifying 

all owners of this recall and reported 

shipping repair kits to these owners. In 

a subsequent response from U.S. Bus, 

listed as being updated on November 

19, 2007, U.S. Bus reported that 96 

remedy parts kits were shipped and 5 

vehicles were repaired. However, in the 

same document, U.S. Bus reported that 

the parts are available for shipping. 

• NHTSA Recall No. 07V–056: Recall 

of 122 MY 2005–2006 Universe and 

Sturdibus vehicles manufactured 

without the tire and loading label 

required by FMVSS No. 110, tire 

selection and rims for motor vehicles 

with a GVWR of 4,536 kilograms (10,000 

pounds) or less, or with the label 

applied incorrectly, increasing the risk 

that tires might be overloaded or 

improperly inflated. U.S. Bus reported 

that all owners of the affected vehicles 

were notified of this noncompliance and 

25 of those vehicles had been remedied. 

In a subsequent response from U.S. Bus, 

listed as being updated on November 

19, 2007, U.S. Bus reported that there 

were 129 affected vehicles. U.S. Bus 

also reported mailing 129 notifications 

on October 27, 2007, and that 25 

vehicles had been reported to be 

remedied with repairs ‘‘currently ongoing and in-process.’’ 

• NHTSA Recall No. 07V–069: Recall 

of 38 vehicles built between 2003 and 

January 2007 equipped with 3-passenger 

C.E. White Student Safety Seats. The 

buses have seat attachments that do not 

meet the attachment strength 

requirements of FMVSS No. 210, seat 

belt assembly anchorages. U.S. Bus 

reported to NHTSA that it notified 

owners of this recall in May 2007, but 

the number of owners who were sent 

these notices and the number of 

vehicles that were remedied is presently 

unknown to NHTSA. In a subsequent 

response from U.S. Bus, listed as being 

updated November 19, 2007, U.S. Bus 

reported that there were 38 affected 

vehicles, and that it had not sent 

notifications to owners. U.S. Bus also 

reported that the ‘‘[f]inal [r]emedy for 

this recall has not been finalized.’’ 

• NHTSA Recall 07V–155: Recall of 

106 MY 2000–2006 Sturdibus, 

Sturdivan, and Universe vehicles 

equipped with Freedman Family Seats. 

The buses have seat attachments and 

seat spacing that does not meet the 

requirements of FMVSS No. 210, seat 

belt assembly anchorages, and FMVSS 

No. 222, school bus passenger seating 

and crash protection. U.S. Bus and TCI 

have not notified any owners of these 

vehicles of this non-compliance and 

have not remedied any of the vehicles 

involved. In a subsequent response from 

U.S. Bus, listed as being updated on 

November 19, 2007, U.S. Bus reported 

that the repair procedure was being 

written, and that it intended to file a 

revised 573 Notice. 

• NHTSA Recall 07V–167: Recall of 

25 MY 2006 U.S. Bus Sturdibus and 

Universe buses manufactured between 

January 6, 2006 and September 6, 2006 

with a Ricon lift. The inner barrier 

interlock switch system in the lift 

baseplate could fail to detect the 

presence of a passenger. A wheelchair 

could tip backwards onto the lift 

platform. In U.S. Bus’ response, listed as 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 48627 

being updated on November 19, 2007, 

U.S. Bus reported that the recall was 

complete and that notifications were 

mailed on May 1, 2007. This report is 

the only report NHTSA received from 

U.S. Bus in regard to this recall. 

• NHTSA Recall 07V–223: Recall of 

89 MY 2006–2007 model year Sturdibus 

and Universe handicap accessible buses 

with a wheelchair lift interlock module 

that may not lock the vehicle in park if 

the lift is operated with low battery 

voltage. U.S. Bus and TCI have not 

notified any owners of these vehicles of 

this non-compliance and have not 

remedied any of the vehicles involved. 

• NHTSA Recall 07V–493: Recall of 

137 MY 2007 US Bus Sturdibus School 

or Activity buses built on the GMT 610 

Chevrolet Express Chassis, 

manufactured between September 1, 

2006 and September 30, 2007. The 

buses failed to conform with FMVSS 

No. 108, lamps, reflected devices, and 

associated equipment. When the brakes 

are applied, the stop lamps will 

illuminate. When the brake pedal is 

released, the stop lamps are no longer 

illuminated but the rear brakes may still 

be applied. The brake may release after 

a few seconds or after the next firm 

brake pedal application. GM Dealers 

will reprogram the anti-lock brake 

system module. GM’s recall began on 

October 17, 2007. In U.S. Bus’ response, 

listed as being updated on November 

19, 2007, U.S. Bus reported that 

information from GM had been 

collected and contact information for 

end users was being researched. U.S. 

Bus did not send out notifications. 

NHTSA will conduct the public 

hearing to determine whether TCI 

reasonably met its obligations under the 

notification requirements of 49 U.S.C. 

30118–30119 and the remedy 

requirements of 49 U.S.C. 30120. In the 

event NHTSA determines that TCI is 

obligated to complete the notification 

and/or remedy campaigns, it will order 

TCI to take actions to provide proper 

notification and/or effective remedies. 

Procedural Matters: Interested 

persons are invited to participate in this 

proceeding through written and/or oral 

presentations. Persons wishing to make 

oral presentations must notify Carla 

Taylor, National Highway Traffic Safety 

Administration, W41–202, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590; Telephone: (202) 366–5263, or 

by fax at (202) 366–3820, before the 

close of business on Tuesday, October 

20, 2009. The notifications should 

specify the amount of time that the 

presentation is expected to last, and 

shall include the presenter’s name, 

organizational affiliation, phone 

number, and e-mail address. The agency 

will prepare a schedule of presentations. 

Depending upon the number of persons 

who wish to make oral presentations, 

and the anticipated length of those 

presentations, the agency may add an 

additional day or days to the hearing 

and may limit the length of oral 

presentations. 

The hearing will be held at a site 

accessible to individuals with 

disabilities. Individuals who require 

accommodations, such as sign language 

interpreters, should contact Mr. Zachary 

Dunlap using the contact information in 

the FOR FURTHER INFORMATION CONTACT

section above no later than Friday, 

October 9, 2009. A transcript of the 

hearing and information received by 

NHTSA at the hearing will be placed in 

the docket for this notice at a later date. 

Persons who wish to file written 

comments should submit them so that 

they are received by NHTSA no later 

than Tuesday, October 20, 2009. 

Instructions on how to submit written 

comments to the docket is located under 

the ADDRESSES section of this notice. 

Authority: 49 U.S.C. 30118(e), 30120 (e); 

49 CFR 557.7; delegations of authority at 49 

CFR 1.50(a), 49 CFR 501.4(a)(3), and 49 CFR 

501.8. 

Issued: September 18, 2009. 

Ronald L. Medford, 

Acting Deputy Administrator. 

[FR Doc. E9–22954 Filed 9–22–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Air Traffic Procedures Advisory 

Committee 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

SUMMARY: The FAA published a meeting 

notice on September 10, 2009 (74 FR 

46655) advising the public that a 

meeting of the Federal Aviation Air 

Traffic Procedures Advisory Committee 

would be held on October 6, 2009. This 

notice adds an additional meeting date 

of Wednesday, October 7, 2009 from 8 

a.m. to 5 p.m. 

DATES: The meeting will be held 

Tuesday, October 6th, 2009, from 8 a.m. 

to 5 p.m., and Wednesday, October 7th, 

2009, from 8 a.m. to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Jehlen, Executive Director, ATP 

AC, System Operations and Safety, 800 

Independence Avenue, SW., 

Washington, DC 20591, telephone (202) 

493–4527. 

Issued in Washington, DC, on September 

17, 2009. 

Richard Jehlen, 

Executive Director, Air Traffic Procedures 

Advisory Committee. 

[FR Doc. E9–22957 Filed 9–22–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

September 17, 2009. 

The Department of Treasury will 

submit the following public information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 on or after the date 

of publication of this notice. Copies of 

the submission(s) may be obtained by 

calling the Treasury Bureau Clearance 

Officer listed. Comments regarding this 

information collection should be 

addressed to the OMB reviewer listed 

and to the Treasury Department 

Clearance Officer, Department of the 

Treasury, Room 11000, 1750 

Pennsylvania Avenue, NW., 

Washington, DC 20220. 

DATES: Written comments should be 

received on or before October 23, 2009 

to be assured of consideration. 

Internal Revenue Service (IRS) 

OMB Number: 1545–0260. 

Type of Review: Extension. 

Form: 706–CE. 

Title: Certificate of Payment of 

Foreign Death Tax. 

Description: Form 706–CE is used by 

the executors of estates to certify that 

foreign death taxes have been paid so 

that the estate may claim the foreign 

death tax credit allowed by IRS section 

2014. The information is used by IRS to 

verify that the proper tax credit has been 

claimed. 

Respondents: Individuals and 

Households. 

Estimated Total Burden Hours: 3,870 

hours. 

OMB Number: 1545–1535. 

Type of Review: Extension. 

Title: Revenue Procedure 97–19 

Timely Mailing Treated as Timely 

Filing. 

Description: Revenue Procedure 97– 

19 provides the criteria that will be used 

by the IRS to determine whether a 

private delivery service qualifies as a 

designated Private Delivery Service 

under section 7502 of the Internal 

Revenue Code. 

Respondents: Businesses or other forprofits. 

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