Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Notices 11513

Regulations, applies for a foreign air

carrier permit authorizing charter air

transportation of persons, property and

mail between a point or points in

Denmark, Norway, and Sweden, on the

one hand, and a point or points in the

United States, on the other hand, and

other charters subject to Part 212 of the

Department of Transportation’s

Regulations.

Paulette V. Twine,

Chief, Documentary Services.

[FR Doc. 97–6043 Filed 3–11–97; 8:45 am]

BILLING CODE 4910–62–P

National Highway Traffic Safety

Administration

[Docket No. 95–20; Notice 4]

Child Safety Seats; Settlement

Agreement Between General Motors

and U.S. Department of Transportation

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Notice; request for certifications.

SUMMARY: This notice, the fourth and

final of its kind, describes a settlement

agreement between General Motors

(GM) and the U.S. Department of

Transportation (DOT), under which GM

agreed to donate funds to one or more

qualified national organizations for the

purchase and distribution of child safety

seats. Organizations that wish to receive

such funds are required to certify in

writing that they are qualified, in

accordance with criteria established in

the agreement. To qualify, organizations

must demonstrate that they are national

in scope, and they must submit a plan

showing they are prepared to purchase

and distribute child safety seats within

120 days of their receipt of the funds.

They must also meet other

requirements. Organizations are strongly

encouraged to form partnerships and

work collaboratively for the purpose of

applying for funds. If organizations plan

to work collaboratively, they should

submit a single combined certification.

This notice requests that

organizations submit certifications and

it describes the criteria they must meet

and the information they must submit

with their certifications to be eligible to

receive these funds. Similar notices

were published in the Federal Register

on March 31 and June 29, 1995, and on

March 29, 1996. As a result of the March

1995 notice, six organizations were

determined by NHTSA to be qualified

and were selected by GM to receive a

total of $2 million for the purchase and

distribution of child safety seats. As a

result of the June 1995 notice, six

organizations were determined by

NHTSA to be qualified and three were

selected by GM to receive a total of $2

million for the purchase and

distribution of child safety seats. As a

result of the March 1996 notice, four

organizations were determined by

NHTSA to be qualified and were

selected by GM to receive a total of $2

million for the purchase and

distribution of child safety seats.

As a result of today’s notice, one or

more organizations will be determined

by NHTSA to be qualified and will be

selected by GM to receive the final $2

million in donations for the purchase

and distribution of child safety seats

under the settlement agreement.

DATE: Certifications must be received no

later than May 12, 1997.

ADDRESS: Certifications should be

submitted to: Office of Communication

and Outreach, NTS–22, Room 5118, 400

Seventh Street, S.W., Washington, D.C.

20590.

FOR FURTHER INFORMATION CONTACT: Ms.

Cheryl Neverman, National Outreach

Division, NTS–22, National Highway

Traffic Safety Administration, 400

Seventh Street, S.W., Washington, D.C.

20590. Telephone (202) 366–2683.

SUPPLEMENTARY INFORMATION:

DOT/GM Settlement Agreement

On December 2, 1994, then Secretary

of Transportation Federico Pen ̃ a

announced that DOT and GM had

agreed in principle to a resolution of the

investigation by the National Highway

Traffic Safety Administration (NHTSA)

into an alleged defect related to motor

vehicle safety in certain 1970–1991 GM

C/K pickup trucks. The terms of the

resolution were finalized in a separate

agreement that was executed between

GM and DOT on March 7, 1995.

Under the terms of the agreement, GM

agreed to provide funds over a period of

five years to support highway safety

research and programs that will prevent

motor vehicle deaths and injuries.

In the area of child safety, GM agreed

to donate $8,000,000 to qualified

organizations for the purchase and

distribution of child safety seats. The

agreement provided that, of this

amount, $4,000,000 will be donated

during the first year after the date of the

agreement (approximately $1,000,000

each quarter) and $4,000,000 will be

donated over the next four years (at

approximately the rate at which DOT

expends funds for the development and

support of child safety seat loaner and

give-away programs during that period).

The seats will be directed to

underserved low income and special

needs populations.

The agreement between GM and DOT

provides:

DOT shall identify, on an ongoing basis so

as to facilitate timely GM donations,

qualified organizations which DOT in its sole

discretion deems appropriate to receive

donations from GM for the purchase and

distribution of child safety seats. GM, in its

sole discretion, shall select from the list of

qualified organizations provided by DOT, the

organization(s) to which it will donate funds,

and shall decide the exact amount of funds

that each such organization will receive.

The agreement provides further that

any organization that is interested in

being identified as a ‘‘qualified

organization’’ must certify to DOT in

writing that it will meet a number of

criteria set forth in the agreement.

NHTSA estimates that these funds

will allow for the purchase and

distribution of between 125,000 and

200,000 child safety seats for needy

families which, in turn, will save at

least 50 lives and prevent approximately

6,000 injuries.

Child Safety

There are approximately 25 million

young children under the age of eight

years old who need the protection of

child safety seats. One fourth of these

children come from families that are

below the poverty level.

As many as 3 million children in lowincome families do not have access to

adequate child safety seats. An

additional 3 million children or more

have access to child safety seats but, for

a variety of reasons, are not being

secured in these seats properly.

Additionally, children with special

transportation needs, such as children

with disabilities, often require uniquely

designed child safety seats that are too

expensive for most families of low or

average income to afford.

For these and other reasons, millions

of children ride each day either

unprotected or inadequately protected

by child safety seats. A disproportionate

number of these children are from low

income or rural families or from

culturally diverse populations.

To increase child safety seat usage,

child safety seats must be made more

readily available, particularly to

underserved low income and special

needs families. These families must also

be motivated to use child safety seats

and educated about their proper usage.

An effective child safety seat program

can reach, and have a major positive

impact on, large numbers of children as

well as their families. To be most

effective, however, the program must

ensure that seats are distributed

primarily to the populations most at

risk, including underserved low income
11514 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Notices

and special needs families. If programs

do not target these populations, the

seats could be provided instead to

families that could otherwise afford to

purchase them, with little net benefit.

Previous Notices

On March 31 and June 29, 1995, and

on March 29, 1996, NHTSA published

notices in the Federal Register

describing the agreement between GM

and DOT and requesting that

organizations interested in receiving

funds certify in writing that they are

qualified. NHTSA received over 20

certifications in response to the March

1995 notice, 8 certifications in response

to the June 1995 notice and 4

certifications in response to the March

1996 notice.

Copies of these previous notices and

the certifications received in response to

them have been placed in NHTSA’s

Technical Reference Division (TRD),

Docket Section, under Docket Number

95–20; Notices 1, 2 and 3. Individuals

that wish to order a copy of these

materials may do so by calling or

writing to the TRD at Room 5108, 400

Seventh St., SW, Washington, D.C.

20590 (telephone number 202–366–

2768) and referencing these docket

numbers. A fee may be charged, based

on the volume of material that is

requested.

The certifications that NHTSA

received in response to the notices were

reviewed by evaluation panels of

experienced NHTSA personnel, who

determined whether the certifications

met each of the required criteria and

evaluated the certifications based on the

evaluation factors specified in the

notice.

The panel that reviewed the

certifications responsive to the March

1995 notice determined that six

organizations were qualified to receive

donations from GM: National SAFE

KIDS Campaign; National Safety

Council (NSC); International

Association of Chiefs of Police (IACP);

National Easter Seal Society; Safe

America Foundation/Operation Baby

Buckle; and the State and Territorial

Injury Prevention Directors Association

(STIPDA).

GM decided that each of these

organizations would receive donations

for the purchase and distribution of

child safety seats under the settlement

agreement. GM donated $1.5 million to

SAFE KIDS to coordinate a major child

safety seat program with three other

qualified organizations (NSC, IACP and

STIPDA), and specified that half of the

child safety seats purchased by SAFE

KIDS would be divided equally among

NSC, IACP and STIPDA, to be

distributed through their channels. GM

also donated $400,000 to the National

Easter Seal Society for its ‘‘unique

program that reaches ‘special needs’

infants and children’’ and $100,000 to

Operation Baby Buckle for ‘‘the

distribution of seats and its active

public education and car safety seat

awareness programs.’’

The panel that reviewed the

certifications responsive to the June

1995 notice determined that six

organizations were qualified to receive

donations from GM.

GM decided that three of these

organizations would receive donations

for the purchase and distribution of

child safety seats under the settlement

agreement. GM donated $800,000 to

National SAFE KIDS Campaign, which

formed a coalition with National Head

Start Association and the National

Association of Community Health

Centers, ‘‘to reach a group that was more

diverse than during the first phase of the

program.’’ GM donated $800,000 to

SAFE TEAM, USA, which forged an

alliance that included the Safe America

Foundation, the National Safety

Council, the Native American Injury

Prevention Network, the National

Association of Community Action

Agencies, the National Coalition of

Hispanic Health and Human Services

Organizations and the International

Association of Chiefs of Police. GM

stated that it expected this alliance ‘‘to

reach deep into many communities.’’

The alliance also proposed ‘‘a unique

fund-raising activity to provide more

child safety seats than could ordinarily

be purchased with these funds.’’ GM

also donated $400,000 to the National

Easter Seal Society, which added the

National Shriners Hospitals to its

distribution plan for ‘‘an even greater

distribution program during the second

phase.’’ GM stated that this organization

‘‘has demonstrated its capability to

deliver child safety seats in a timely

manner to ‘‘special needs’’ infants and

children.’

The panel that reviewed the

certifications responsive to the March

1996 notice determined that four

organizations were qualified to receive

donations from GM: the National Easter

Seal Society; the National Association of

Children’s Hospitals and Related

Institutions (NACHRI), in association

with the American Academy of

Pediatrics (AAP), the National

Association of Public Hospitals, and the

Council of Women’s and Infant’s

Specialty Hospitals (C–WISH); the Safe

Team, which is comprised of the Safe

America Foundation, the National

Safety Council, the Native American

Injury Prevention Coalition, the

National Association of Community

Action Agencies, the National Coalition

of Hispanic Health and Human Services

Organizations, and the International

Association of Chiefs of Police; and the

National SAFE KIDS Campaign, in

association with the National Head Start

Association and the National

Association of Community Health

Centers.

GM decided to donate funds to each

of these organizations for the purchase

and distribution of child safety seats

under the settlement agreement. GM

decided to donate $400,000 to the

National Easter Seal Society, $600,000

to NACHRI and its associates, $500,000

to the Safe Team, and $500,000 to the

National SAFE KIDS Campaign and its

associates.

Today’s Notice

Today’s notice describes the criteria

that an organization must meet, and the

information it must submit with its

certification, to be identified by DOT as

a ‘‘qualified organization.’’

Certifications must be received no later

than 60 days after the date of

publication of today’s notice in the

Federal Register.

NHTSA will again convene a panel of

experienced agency personnel to

evaluate the certifications submitted.

The members of the panel will

determine whether the certifications

meet each of the required criteria and

will evaluate the certifications based on

the evaluation factors specified in this

notice. When the panel completes its

review of the certifications, it will

prepare a list of organizations it has

determined to be qualified to receive

donations for the purchase and

distribution of child safety seats.

NHTSA will provide the list to GM and

place the list in the public docket.

This list of organizations will be used

by GM to select the recipients of the

final $2 million for the purchase and

distribution of child safety seats under

the settlement agreement.

Any organization that wishes to be

included on this fourth (and final) list,

whether or not the organization was

included on a previous list, must submit

a certification.

Certification Criteria Established in

Settlement Agreement

As explained earlier in this notice, the

settlement agreement between GM and

DOT provided that DOT would identify,

on an ongoing basis, qualified

organizations to be considered to

receive GM donations, and GM would

select recipients of donations from

DOT’s list of qualified organizations. In

order to be considered for inclusion on
Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Notices 11515

the list as a ‘‘qualified organization,’’ the

agreement provided that an organization

must certify in writing that it shall meet

eleven separate criteria. Listed below

are descriptions of these criteria and the

information that organizations must

submit in their certifications to

demonstrate compliance with them.

(Following this section of the notice, in

a section entitled ‘‘Certification

Procedure,’’ this notice describes the

procedure organizations must follow to

be considered for inclusion on the list

as a ‘‘qualified organization’’ and

includes a summary of the documents

and additional information

organizations must submit.)

(1) Work Through Affiliates

The organization must certify in

writing that it shall:

work, through its state or local affiliates, with

agencies such as children’s hospitals and

health agencies to identify families who

could not otherwise afford seats or who have

special needs

Organizations must be national in

scope and have established and effective

affiliate relationships at the state or

local level capable of carrying out the

effort. Organizations can satisfy this

criterion by showing that they will work

through their own state or local affiliates

(e.g., units or chapters specifically

organized to carry out the organization’s

mission) or with other affiliates (e.g.,

state or locally-based child safetyrelated agencies or organizations, such

as children’s hospitals or fire and rescue

agencies), and by showing that they

have commitments from these state or

local affiliates.

Organizations that wish to participate

in this program, and are state or locallybased rather than national in scope, are

encouraged to affiliate with a national

organization that plans to submit a

certification or to encourage a national

organization with which they are

already affiliated to submit a

certification.

Through these affiliates, organizations

must have a network that will enable

them to identify families of target

populations who have not been reached

through traditional channels, including

families who could not otherwise afford

seats or who have special needs, and to

distribute seats and provide education

to these families.

Organizations must submit

information regarding their structure

and a designation of geographic

locations of state and local affiliates that

are expected to be involved in the effort.

Organizations must also submit

information regarding the organizations

and agencies with which they will be

affiliated for purposes of this program.

In addition, organizations must describe

their relationships with affiliates,

including the role that affiliates will

play, and they must demonstrate that

they have commitments from affiliates

(such as by submitting letters of

commitment).

(2) Existing Program or Trained Staff

The organization must certify in

writing that it shall:

have an existing loaner or give-away child

safety seat program or have staff trained in

child passenger safety issues

Organizations must have experience,

either directly or through their affiliates,

with a loaner or give-away program or

staff trained in child passenger safety

issues. Alternatively, organizations may

collaborate with organizations that have

such experience or trained staff, either

directly or through their affiliates.

National organizations that have the

ability to reach underserved

populations, but do not have experience

with a child safety seat program or

trained staff, for example, are strongly

encouraged to collaborate with one or

more national organizations that do. The

experience or training is necessary to

ensure that organizations, and their

affiliates, are able to operate child safety

seat programs, and to meet the

deadlines and requirements established

in the agreement for distributing seats

and providing education to the

recipients of the seats.

Organizations must describe their

existing loaner or give-away child safety

seat programs and their experience in

providing education on the use of child

safety seats. They must also describe

existing loaner or give-away programs

and experience in providing education

of agencies or organizations that are

affiliated with them or with which they

have collaborative relationships.

Organizations must identify the

number of current trained staff (of the

organization, its affiliates and its

collaborators) and provide a description

of training conducted or taken by the

staff and the dates of last training. If

organizations have staff who have not

been trained, but who are capable of

being trained in child passenger safety

issues, the organizations should

describe their plans for training the

staff.

If organizations plan to work

collaboratively, they should submit a

single combined certification. The

certification must include letters of

commitment from all collaborators.

Organizations are advised that

NHTSA has trained hundreds of

individuals throughout the country in

child passenger safety issues. If

organizations are interested in receiving

assistance from individuals who have

received NHTSA training, they should

contact one of NHTSA’s ten regional

offices, or the Governor’s Highway

Safety Representative in their State.

Organizations must keep in mind,

however, that they must be prepared to

purchase and distribute child safety

seats within 120 days of their receipt of

the funds. Accordingly, their staff must

be trained within the 120-day period.

(3) Low-income or special needs across

broad geographic area

The organization must certify in

writing that it shall:

distribute the seats to low-income families

and/or families with special needs across a

broad geographical area throughout the

United States

The intent of this provision is to

assure that underserved children from

culturally diverse populations

throughout the United States receive the

benefits of the program. Qualified

organizations need not distribute seats

in every state. However, as stated

previously, they must have a program

that is national in scope and reaches

their target populations throughout the

United States.

Organizations must submit their

mission statements, a description of the

method they will use to identify

underserved low income or special

needs families, and a list of the

geographic locations that would be

targeted for receipt of the seats. They

must demonstrate the ability to identify

underserved low income and special

needs families, and the ability to

distribute seats to these families at the

community level throughout the United

States.

(4) Mix of Child Safety Seats

The organization must certify in

writing that it shall:

comply with NHTSA guidelines with respect

to the approximate mix of child safety seats

(e.g., infant, toddler, booster, special needs)

Children of differing ages and

transportation needs require different

types of child safety seats. The intent of

this provision is to assure that the

children who are recipients under this

program receive seats that meet their

needs. The provision is also intended to

assure that organizations purchase the

correct mix of seats for their target

population.

Organizations will need to identify

the ages and transportation needs of the

intended recipients and the types of

seats needed to properly fit the target

group. For example, an organization
11516 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Notices

targeting special needs children may

need very specialized seats, while a

program targeting older children may

need convertible toddler and booster

child restraint devices.

Organizations must specify the

maximum number of seats they are

capable of distributing to local agencies

(their affiliates) within 120 days of their

receipt of the funds and the amount of

funding they are requesting from GM to

purchase and distribute this number of

seats. Organizations must specify the

proposed mix and types of seats needed

to serve the age and needs of the

populations to be targeted (i.e., 25%

booster seats, 50% toddler seats, 20%

infant seats and 5% special needs seats),

and must describe the method used to

derive the mix. They should indicate

whether the mix would change if they

receive less funding than the full

amount requested.

Organizations should also indicate

whether they plan to operate a loaner or

a give-away program and what fees, if

any, they intend to charge. Both types

of programs are acceptable. Any fees

charged to recipients must be nominal,

and any income from these fees must be

used for the purchase and distribution

of additional child safety seats under

the agreement.

(5) Within 120 Days

The organization must certify in

writing that it shall:

distribute all of the seats purchased with the

funds provided by GM to the local agencies

within 120 days of the receipt of the funds

Organizations are required, under the

agreement, to purchase and distribute

all of the seats to local agencies (their

affiliates) within 120 days of receipt of

the funds. To satisfy this criterion,

organizations must clearly demonstrate

the ability to meet this requirement.

As stated previously, organizations

must submit a plan describing how they

will accomplish the purchase and

distribution of seats to local agencies

(their affiliates) within the 120-day

period. The plan must describe how the

organization will reach a broad

geographical area, how it will identify

the low income and special needs

families to be served by this program,

and it must include a proposed

schedule for the purchase and

distribution of seats. The plan must

clearly demonstrate that the

organization is able and prepared to

purchase and distribute child safety

seats to local agencies (their affiliates)

within 120 days of their receipt of the

funds and that, if their staff is not

already experienced or trained, that they

will be trained within the 120-day

period.

Organizations that were selected by

GM to receive donations for the

purchase and distribution of child safety

seats under the settlement agreement as

a result of the Federal Register notices

published in March or June 1995, or in

March 1996, must also describe the

progress they have made, including the

schedule they have followed, the

number of seats they have distributed to

local agencies (their affiliates) and the

number of seats that have been provided

to recipients, by geographic location.

Organizations must also demonstrate

that the distribution and education

efforts funded under this program will

either create new initiatives or

complement (rather than duplicate)

existing initiatives, in the geographic

areas to be served. In other words, these

distribution and education efforts

should take place in communities that

have either been underserved or not

been reached. In addition, organizations

must ensure that their efforts do not

conflict with activities already planned

or underway. This may be demonstrated

by including in the plan, a description

of new or complementary initiatives

that are planned and either letters of

support from the organizations that are

(or would be) responsible for child

safety seat programs in the geographic

areas to be served (such as state

highway safety offices and state public

health agencies) or a description of the

organization’s plans to coordinate with

these responsible organizations.

(6) Educate Recipients

The organization must certify in

writing that it shall:

educate recipients of the seats as to methods

of proper installation and use

While the distribution of child safety

seats is vitally important, and can save

many children’s lives, the effectiveness

of those seats in preventing injury and

death increases significantly when

recipients are trained in and follow

proper use and installation instructions.

Organizations are required, under the

agreement, to provide education to the

recipients of the seats regarding the

proper installation and use of child

safety seats. Education is most effective

if it is provided at the time that the seats

are being distributed to recipients, and

if it includes a number of components,

such as conducting a hands-on

demonstration, showing a video and

having recipients demonstrate that they

understand how to properly install and

use their child safety seats.

Organizations must describe the

specific means they, their affiliates or

their collaborators will use to educate

families about the proper installation

and use of child safety seats.

To assist in this effort, NHTSA will

make resources, including materials and

technical assistance, available to the

selected organizations.

(7) Administrative Expenses

The organization must certify in

writing that it shall:

not use more than 10 percent of the funds

provided by GM for administrative expenses

related to distribution of the seats

Organizations shall use no more than

10 percent of the funds provided by GM

for administrative expenses related to

the distribution of the seats. Examples

of administrative expenses include

operational overhead such as secretarial

support, telephone expenses, and time

of paid staff to help develop the plans

for these efforts.

As stated previously, organizations

are strongly encouraged to work

collaboratively for the purpose of

applying for funds. If organizations plan

to work collaboratively, they should

submit a single combined certification.

Any such certification submitted for a

group of organizations working

collaboratively, must include a

statement that provides that the

organizations have reached agreement

regarding the manner in which funds

that may be used for administrative

expenses will be allocated among the

organizations. The actual agreement

need not be provided. No additional

information is required to be submitted

at this time in support of this element

of the certification.

(8) Added to Existing Funds and No

Diversions

The organization must certify in

writing that it shall:

add the GM-provided funds to the total of its

existing funds spent on the distribution of

child safety seats to low-income families and

not divert any funds currently budgeted to

such activities to other activities

Organizations shall add the GMprovided funds to the total of their

existing funds, if any, spent on the

distribution of child safety seats to low

income and special needs families and

not divert any funds currently budgeted

to such activities, if any, to other

activities. In other words, the funds

provided by GM must represent new

and additional resources, and may not

be used to replace other funds, if any,

that otherwise would have been used for

the distribution of child safety seats to

low-income families and their related

education activities. No additional

information is required to be submitted
Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Notices 11517

at this time in support of this element

of the certification.

(9) Third-Party Audit

The organization must certify in

writing that it shall:

allow the activities conducted pursuant to

this program to be audited by such third

party as selected by DOT

Organizations shall allow the

activities conducted pursuant to this

program to be audited by such third

party as may be selected by DOT.

Organizations shall also maintain

adequate records to allow an audit to be

conducted. No additional information is

required to be submitted at this time in

support of this element of the

certification.

(10) Enforceable Commitments and

Promises

The organization must certify in

writing that it shall:

acknowledge and agree that such

commitments and promises shall be

enforceable

Organizations shall acknowledge and

agree that the commitments and

promises they make shall be enforceable

through legal process or other

appropriate means. No additional

information is required to be submitted

at this time in support of this element

of the certification.

(11) No Assumption of Responsibility

The organization must certify in

writing that it shall:

acknowledge and agree that GM does not

assume or bear any responsibility for the

organization’s commitments, the selection of

the safety seats actually purchased or

distributed, or the education of recipients of

the seats as to proper use

Organizations shall acknowledge and

agree that GM does not assume or bear

any responsibility for the organization’s

commitments, the selection of the safety

seats actually purchased or distributed,

or the education of recipients of the

seats as to proper use. No additional

information is required to be submitted

at this time in support of this element

of the certification.

Certification Procedures

To be considered, certifications must

be received no later than 60 days after

the date on which today’s notice is

published in the Federal Register.

Certifications should be submitted to

the Office of Communication and

Outreach, NTS–22, Room 5118, 400

Seventh Street, S.W., Washington, D.C.

20590.

Organizations are strongly encouraged

to work collaboratively for the purpose

of applying for funds. If organizations

plan to work collaboratively, they

should submit a single combined

certification.

Certifications must address each of

the criteria described in detail above, in

the section of this notice entitled

‘‘Certification Criteria Established in

Settlement Agreement,’’ and must

include each of the following:

(1) Certification Statement

A written statement, signed by an

authorized official of the organization,

certifying that the organization shall:

(i) work, through its state or local affiliates,

with agencies such as children’s hospitals

and health agencies to identify families who

could not otherwise afford seats or who have

special needs; (ii) have an existing loaner or

give-away child safety seat program or have

staff trained in child passenger safety issues;

(iii) distribute the seats to low-income

families and/or families with special needs

across a broad geographical area throughout

the United States; (iv) comply with NHTSA

guidelines with respect to the approximate

mix of child safety seats (e.g., infant, toddler,

booster, special needs); (v) distribute all of

the seats purchased with the funds provided

by GM to the local agencies within 120 days

of the receipt of the funds; (vi) educate

recipients of the seats as to methods of

proper installation and use; (vii) not use

more than 10 percent of the funds provided

by GM for administrative expenses related to

distribution of the seats; (viii) add the GMprovided funds to the total of its existing

funds spent on the distribution of child

safety seats to low-income families and not

divert any funds currently budgeted to such

activities to other activities; (ix) allow the

activities conducted pursuant to this program

to be audited by such third party as selected

by DOT; (x) acknowledge and agree that such

commitments and promises shall be

enforceable; and (xi) acknowledge and agree

that GM does not assume or bear any

responsibility for the organization’s

commitments, the selection of the safety seats

actually purchased or distributed, or the

education of recipients of the seats as to

proper use.

(2) Plan

A plan describing how the

organization will accomplish the

purchase and distribution of seats to

local agencies (their affiliates) within

120 days of receipt of the funds, how

the organization will reach a broad

geographical area, and how it will

identify the low income and special

needs families to be served by this

program. It must include a proposed

schedule for the purchase and

distribution of seats, a description of

new or complementary initiatives that

are planned and either letters of support

from the organizations that are (or

would be) responsible for child safety

seat programs in the geographic areas to

be served (such as state highway safety

offices and state public health agencies)

or a description of the organization’s

plans to coordinate with these

responsible organizations.

The plan must clearly demonstrate

that the organization is able and

prepared to purchase and distribute

child safety seats to local agencies (their

affiliates) within 120 days of their

receipt of the funds and that, if their

staff is not already experienced or

trained, that they will be trained within

the 120-day period.

Organizations that were selected by

GM to receive donations for the

purchase and distribution of child safety

seats under the settlement agreement as

a result of the Federal Register notices

published in March or June 1995, or in

March 1996, must also describe the

progress they have made since they

received their donations, including the

schedule they have followed, the

number of seats they have distributed to

local agencies (their affiliates) and the

number of seats that have been provided

to recipients, by geographic location.

(3) Additional Information

The following additional information

to ensure that the organization is

capable of meeting the objectives of the

agreement:

• Information regarding the

organization’s structure and a

designation of geographic locations of

state and local affiliates to be involved

in the effort;

• Information regarding the

organizations and agencies with which

the organization will be affiliated for

purposes of this program;

• A description of their relationships

with affiliates, including the role that

affiliates will play, and either letters or

some other demonstration of

commitment from their affiliates;

• A description of the organization’s,

its affiliates’ or its collaborators’:

existing loaner or give-away programs;

experience in providing education on

the use of child safety seats; the number

of trained staff; a description of training

conducted or taken; and the dates of last

training;

• If organizations have staff who have

not been trained, but who are capable of

being trained in child passenger safety

issues, a description of their plans for

training the staff and an indication that

the training will be completed within

120 days of receipt of the funds;

• If organizations plan to work

collaboratively, letters of commitment

from all collaborators and a statement

that provides that the organizations

have reached agreement regarding the

manner in which funds that may be
11518 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Notices

1Petitioner indicates that the stock of PTS, PRTS,

WVS, and PCSTC was placed in separate,

independent voting trusts with different trustees,

with the intent of avoiding any unlawful control.

2See Notre Capital Ventures II, LLC and Coach

USA, Inc.—Control Exemption—Arrow Stage Lines,

Inc.; Cape Transit Corp.; Community Coach, Inc.;

Community Transit Lines, Inc.; Grosvenor Bus

Lines, Inc.; H.A.M.L. Corp.; Leisure Time Tours;

Suburban Management Corp.; Suburban Trails,

Inc.; and Suburban Transit Corp., STB Finance

Docket No. 32876 (Sub-No. 1) (STB served May 3,

1996).

used for administrative expenses will be

allocated among the organizations (the

actual agreement need not be provided);

• A mission statement of the

organization;

• The method to be used to identify

underserved low income or special

needs families;

• A list of the geographic locations

that would be targeted for receipt of the

seats;

• The maximum number of seats the

organization is capable of distributing to

local agencies (their affiliates) within

120 days of its receipt of the funds; the

amount of funding the organization is

requesting from GM to purchase and

distribute this number of seats; the

proposed mix and types of seats needed

to serve the age and needs of the

populations to be targeted (i.e., 25%

booster seats, 50% toddler seats, 20%

infant seats and 5% special needs seats);

the method used to derive the mix; and,

if applicable, any change in mix if the

organization receives less funding than

the full amount requested;

• In indication of whether the

organization plans to operate a loaner or

a give-away program; an identification

of the fees, if any, they intend to charge;

and a statement that any income from

these fees will be used for the purchase

and distribution of additional child

safety seats under the agreement; and

• A description of the specific means

to be used by the organization, its

affiliates or its collaborators to educate

families about the proper installation

and use of child safety seats.

Organizations must submit one

original and two copies of their

certifications. Certifications shall be

subject to 18 U.S.C. § 1001, which

prohibits the making of false statements.

Organizations are requested to submit

four additional copies to facilitate the

review process, but there is no

requirement or obligation to do so.

Organizations that would like to be

notified upon receipt of their

certifications should enclose a selfaddressed stamped postcard in the

envelope with their certifications. Upon

receiving the certifications, the postcard

will be returned by mail.

Evaluation Factors

Certifications will be reviewed by an

evaluation panel of experienced agency

personnel. The panel will determine

whether the certifications meet each of

the required criteria and will evaluate

the certifications based on the following

factors:

1. Understanding of the requirements

of the agreement and soundness of

approach as shown by the organization’s

plan and certification.

2. The ability to purchase and

distribute child safety seats to local

agencies (their affiliates) within 120

days of their receipt of the funds as

shown by the organization’s plan and

certification.

3. The ability to identify underserved

low income and special needs families.

4. The ability to distribute child safety

seats to these target populations at the

community level throughout the United

States.

• The experience of the organization,

its affiliates or its collaborators, in

distributing child safety seats

• The breadth and diversity of the

underserved population the

organization, its affiliates or its

collaborators can effectively reach

5. The ability to provide education to

recipients.

• The experience of the organization,

its affiliates or its collaborators, in

providing education on the use of child

safety seats

• The level of training of the staff of

the organization, its affiliates or its

collaborators

6. The ability to conduct a

distribution and education program that

either creates new initiatives, or

complements (rather than duplicates)

existing initiatives, in the geographic

areas to be served.

Issued on: March 6, 1997.

James Hedlund,

Associate Administrator for Traffic Safety

Programs.

[FR Doc. 97–6137 Filed 3–11–97; 8:45 am]

BILLING CODE 4910–59–P

Surface Transportation Board

[STB Finance Docket No. 33343]

Coach USA, Inc., Control Exemption,

Progressive Transportation Services,

Inc.; Powder River Transportation

Services, Inc.; Worthen Van Service,

Inc.; and PCSTC, Inc.

AGENCY: Surface Transportation Board.

ACTION: Notice of filing of petition for

exemption.

SUMMARY: Coach USA, Inc. (Coach), a

noncarrier that controls 15 motor

passenger carriers, seeks to be

exempted, under 49 U.S.C. 13541, from

the prior approval requirements of 49

U.S.C. 14303(a)(5) to acquire control of

four additional motor passenger carriers.

DATES: Comments must be filed by April

11, 1997. Petitioner may file a reply by

April 21, 1997.

ADDRESSES: Send an original and 10

copies of comments referring to STB

Finance Docket No. 33343 to: Office of

the Secretary, Case Control Unit,

Surface Transportation Board, 1925 K

Street, N.W., Washington, D.C. 20423–

0001. Also, send one copy of comments

to petitioner’s representatives: Betty Jo

Christian and David H. Coburn, Steptoe

& Johnson LLP, 1330 Connecticut

Avenue, N.W., Washington D.C. 20036.

FOR FURTHER INFORMATION CONTACT:

Joseph H. Dettmar, (202) 565–1600 [TDD

for the hearing impaired: (202) 565–

1695].

SUPPLEMENTARY INFORMATION: Coach

seeks an exemption to acquire stock

control over four additional motor

carriers of passengers that operate in

interstate and intrastate commerce:

Progressive Transportation Services,

Inc. (PTS) (MC–247074) (primarily

charter operations and regular-route

service in New York State); Powder

River Transportation Services, Inc.

(PRTS) (MC–161531) (primarily charter

operations and regular-route service in

Wyoming, Colorado, Montana, and

South Dakota); Worthen Van Service,

Inc. (WVS) (MC–142573) (charter

operations in Wyoming); and PCSTC,

Inc., d/b/a Pacific Coast Sightseeing/

Gray Line of Anaheim-Los Angeles

(PCSTC) (MC–184852) (primarily

charter operations and regular-route

service in California). 1 According to

petitioner, PRTS and WVS largely share

common stock ownership, as each is

controlled by the same family. Coach

states that each of the four carriers

accounts for a relatively small market

share and operates regionally in diverse

markets across the United States.

Coach indicates that it currently

controls the nation’s second largest

group of motor passenger carriers. In

May 1996, Coach acquired control of the

following 10 motor passenger carriers:

Arrow Stage Lines, Inc. (MC–29592);

Cape Transit Corp. (MC–161678);

Community Coach, Inc. (MC–76022);

Community Transit Lines, Inc. (MC–

145548); Grosvenor Bus Lines, Inc.

(MC–157317); H.A.M.L. Corp. (MC–

194792); Leisure Time Tours (MC–

142011); Suburban Management Corp.

(MC–264527); Suburban Trails, Inc.

(MC–149081); and Suburban Transit

Corp. (MC–115116).2 In November 1996

Coach acquired control of the following