`[Federal Register Volume 90, Number 5 (Wednesday, January 8, 2025)]
[Proposed Rules]
[Pages 1406-1419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30970]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 604

[Docket No. FTA-2024-0017]
RIN 2132-AB38


Charter Service

AGENCY: Federal Transit Administration (FTA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The Federal Transit Administration (FTA) is proposing to amend 
regulations that govern the provision of charter service by recipients 
of Federal financial assistance. The proposed changes will remove the 
Federal Financial Assistance Programs listed in an appendix and the 
guidance in additional appendices and make non-substantive technical 
edits throughout to remove outdated citations and provide clarity.

DATES: Comments should be filed by March 10, 2025. FTA will consider 
comments received after that date to the extent practicable.

ADDRESSES: You may send comments, identified by docket number FTA-2024-
0017, by any of the following methods:
     Federal Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for sending comments.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery/Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 
5 p.m. ET, Monday through Friday, except Federal holidays.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
rulemaking. All comments received will be posted without change to 
https://www.regulations.gov, including any personal information 
provided. Docket: For access to the docket to read background documents 
or comments received, go to https://www.regulations.gov. Background 
documents and comments received may also be viewed at the U.S. 
Department of Transportation, 1200 New Jersey Ave. SE, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, Washington, 
DC 20590-0001, between 9 a.m. and 5 p.m. EST, Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For program matters, Danielle Nelson, 
Office of Program Management, (202) 366-2160 or 
[email protected]. For legal matters, contact Mark Montgomery, 
Office of Chief Counsel, (202) 366-1017 or [email protected]. 
Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
    A. Purpose and Summary of Regulatory Action
    B. Statutory Authority
    C. Summary of Major Provisions
    D. Benefits and Costs
II. Section-by-Section Analysis
III. Regulatory Analyses and Notices

I. Executive Summary

A. Purpose and Summary of Regulatory Action

    FTA is proposing to amend regulations which govern the provision of 
charter service by recipients of Federal financial assistance. The 
charter service regulation protects private charter operators from 
unauthorized competition from FTA grant recipients. Under the charter 
rules, with limited exceptions, local transit agencies are restricted 
from operating chartered service. One of those exceptions applies to 
charter service provided to a qualified human service organization 
(QHSO) for the purpose of serving persons with mobility limitations 
related to advanced age, disability, or low income. Under the current 
rule, QHSOs receiving funding from one of the Federal programs under 
appendix A are exempt from the charter registration requirements of the 
regulation. This appendix, created in 2008, is outdated. Through this 
rulemaking, FTA proposes to remove appendix A and keep the list of 
qualifying Federal programs for the QHSO exception current on its 
website, which will reduce the administrative

[[Page 1407]]

burden of charter registration for many QHSOs.

B. Statutory Authority

    FTA has a statutory mandate to prohibit charter service under 49 
U.S.C. 5323(d). The proposed revisions do not make substantive changes 
to the existing regulations implementing this statutory provision.

C. Summary of Key Provisions

    FTA proposes to remove the outdated list of Federal programs in 
appendix A. Under the current regulation, QHSOs receiving funding from 
one of the Federal programs under appendix A are exempt from the 
charter registration requirements of Sec.  604.15. Appendix A is based 
on a list of programs from the Coordinating Council on Access and 
Mobility (CCAM), which is a Federal interagency council that works to 
coordinate funding and provide expertise on human services 
transportation for people with disabilities, older adults, and 
individuals with low income. CCAM established the CCAM Program 
Inventory, which identifies 130 Federal programs that provide funding 
for human services transportation for these targeted populations. In 
2018 and 2019, CCAM agency representatives determined which programs to 
include in the CCAM Program Inventory through internal agency program 
validation efforts and the CCAM Program Analysis Working Sessions. CCAM 
continually updates this inventory to include new Federal funding 
sources.

D. Benefits and Costs

    The proposed rule would relocate supplemental information in the 
appendices of the Charter Service regulation to the FTA website. The 
rule would change no requirements for regulated entities and therefore 
has no expected economic effect. FTA has also determined that the 
proposed rule would not have a significant effect on a substantial 
number of small entities.

II. Section-by-Section Analysis

Subpart A--General Provisions

Section 604.1 Purpose
    FTA does not propose changes to this section.
Section 604.2 Applicability
    FTA proposes to update the applicability section of the regulation 
to remove programs repealed by statute. Specifically, FTA proposes to 
remove references to the Over the Road Bus Accessibility Program, the 
Job Access and Reverse Commute Program, and the New Freedom Grant 
Program, which were repealed under the Moving Ahead for Progress in the 
21st Century (MAP-21), Public Law 112-141, on October 1, 2012.
604.3 Definitions
    FTA proposes to remove a reference to a provision repealed by 
statute and amend a statutory citation. Throughout the regulation, FTA 
proposes to utilize the term ``website'' rather than the outdated ``Web 
site.'' Further, FTA proposes to revise the existing definitions of 
``program purposes'' for clarity. FTA also proposes to revise the 
existing definition of ``qualified human service organization'' to more 
closely align with the definition of ``transportation-disadvantaged'' 
under Executive Order 13330, Human Service Transportation Coordination 
(February 24, 2004), which is the Executive order that created CCAM. 
These amendments do not impact existing requirements.
604.4 Charter Service Agreement
    FTA does not propose changes to this section.

Subpart B--Exceptions

Section 604.5 Purpose
    FTA proposes to remove the undefined term ``community-based'' from 
this section for clarity. The term ``charter service'' is defined under 
Sec.  604.3 and does not need that qualifier. This change would not 
impact existing requirements.
Section 604.6 Government Officials on Official Government Business
    FTA does not propose changes to this section.
Section 604.7 Qualified Human Service Organizations
    FTA proposes to remove the outdated list of Federal programs in 
appendix A and clarify in this section that QHSOs receiving funding 
under one or more of the programs in the CCAM Program Inventory are not 
required to register on the FTA charter service website to receive 
charter service from a recipient.
Section 604.8 Leasing FTA Funded Equipment and Drivers
    FTA does not propose changes to this section.
Section 604.9 When No Registered Charter Provider Responds to Notice 
From a Recipient
    FTA does not propose changes to this section.
Section 604.10 Agreement With Registered Charter Providers
    FTA does not propose changes to this section.
Section 604.11 Petitions to the Administrator
    FTA adds clarifying language to this section that does not impact 
existing requirements.
Section 604.12 Reporting Requirements for All Exceptions
    FTA removes an outdated reference that does not impact existing 
requirements.

Subpart C--Procedures for Registration and Notification

Section 604.13 Registration of Private Charter Operators
    FTA proposes to add clarifying language and remove an outdated web 
address. These amendments do not impact existing requirements.
Section 604.14 Recipient's Notification to Registered Charter Providers
    FTA proposes to remove an outdated web address. The amendment does 
not impact existing requirements.

Subpart D--Registration of Qualified Human Service Organizations and 
Duties for Recipients With Respect to Charter Registration Website

Section 604.15 Registration of Qualified Human Service Organizations
    FTA proposes to add language that clarifies that only QHSOs that do 
not receive funding from one of the programs in the CCAM Program 
Inventory are required to register on the FTA charter service website. 
This amendment maintains the existing eligibility for QHSOs to receive 
charter service from an FTA recipient.
Section 604.16 Duties for Recipients With Respect to Charter 
Registration Website
    FTA does not propose changes to this section.

Subpart E--Advisory Opinions and Cease and Desist Orders

Section 604.17 Purpose
    FTA does not propose changes to this section.
Section 604.18 Request for an Advisory Opinion
    FTA does not propose changes to this section.

[[Page 1408]]

Section 604.19 Processing of Advisory Opinions
    FTA proposes a grammatical change that does not impact existing 
requirements.
Section 604.20 Effect of an Advisory Opinion
    FTA does not propose changes to this section.
Section 604.21 Special Considerations for Advisory Opinions
    FTA does not propose changes to this section.
Section 604.22 Request for a Cease and Desist Order
    FTA proposes to amend a typographical error that does not impact 
existing requirements.
Section 604.23 Decisions by the Chief Counsel Regarding Cease and 
Desist Orders
    FTA proposes to reorder existing Sec. Sec.  604.23 and 604.24 for 
clarity.
Section 604.24 Effect of a Cease and Desist Order
    FTA proposes to remove paragraph (b) of existing Sec.  604.23 as 
duplicative with paragraph (b) of existing Sec.  604.24.

Subpart F--Complaints

Section 604.25 Purpose
    FTA does not propose changes to this section.
Section 604.26 Complaints and Decisions Regarding Removal of Private 
Charter Operators or Qualified Human Service Organizations From 
Registration List
    FTA does not propose changes to this section.
Section 604.27 Complaints, Answers, Replies, and Other Documents
    FTA proposes to combine paragraphs (f) and (h) of this section for 
clarity. The amendment does not impact existing requirements.
Section 604.28 Dismissals
    FTA does not propose changes to this section.
Section 604.29 Incomplete Complaints
    FTA does not propose changes to this section.
Section 604.30 Filing Complaints
    FTA does not propose changes to this section.
Section 604.31 Service
    FTA does not propose changes to this section.

Subpart G--Investigations

    FTA does not propose changes to this subpart.

Subpart H--Decisions by FTA and Appointment of a Presiding Official 
(PO)

Section 604.34 Chief Counsel Decisions and Appointment of a PO
    FTA proposes to make a clarifying edit that does not impact 
existing requirements.
Section 604.35 Separation of Functions
    FTA does not propose changes to this section.

Subpart I--Hearings

    FTA does not propose changes to this subpart.

Subpart J--Appeal to Administrator and Final Agency Orders

Section 604.48 Appeal From Chief Counsel Decision
    FTA does not propose changes to this section.
Section 604.49 Administrator's Discretionary Review of the Chief 
Counsel's Decision
    FTA proposes non-substantive edits to this section. The amendments 
do not impact existing requirements.

Subpart K--Judicial Review

    FTA does not propose changes to this subpart.

Appendix A--Listing of Human Service Financial Assistance Programs

    FTA proposes to remove this appendix.

Appendix B--Reasons for Removal

    FTA proposes to remove this appendix.

Appendix C--Frequently Asked Questions

    FTA proposes to remove this appendix.

Appendix D--Table of Potential Remedies

    FTA proposes to remove this appendix.

III. Regulatory Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and Executive 
Order 13563 (Improving Regulation and Regulatory Review)

    Executive Order 12866 (``Regulatory Planning and Review''), as 
supplemented by Executive Order 13563 (``Improving Regulation and 
Regulatory Review'') and Executive Order 14094 (``Modernizing 
Regulatory Review''), directs Federal agencies to assess the benefits 
and costs of regulations, to select regulatory approaches that maximize 
net benefits when possible, and to consider economic, environmental, 
and distributional effects. It also directs the Office of Management 
and Budget (OMB) to review significant regulatory actions, including 
regulations with annual economic effects of $200 million or more. OMB 
has determined the proposed rule is not significant within the meaning 
of Executive Order 12866 and has not reviewed the rule under that 
order.
    The proposed rule would make non-substantive conforming edits and 
remove supplemental information in the appendices to the Charter 
Service regulation listing Federal financial assistance programs and 
frequently asked questions. The proposed rule would change no 
requirements for regulated entities and therefore has no expected 
economic effect.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601 et seq.) 
requires Federal agencies to assess the impact of a regulation on small 
entities unless the agency determines that the regulation is not 
expected to have a significant economic impact on a substantial number 
of small entities.
    The proposed rule would make non-substantive conforming edits to 
the regulation and remove supplemental information from the appendices 
but would not change requirements for regulated entities. FTA has 
therefore determined that the proposed rule would not have a 
significant effect on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    FTA has determined that this proposed rule does not impose unfunded 
mandates, as defined by the Unfunded Mandates Reform Act of 1995 (Pub. 
L. 104-4, March 22, 1995). This proposed rule does not include a 
Federal mandate that may result in the expenditure by State, local, and 
Tribal governments, in the aggregate, or by the private sector of $100 
million or more in 1995 dollars (adjusted for inflation) in any one 
year. Additionally, the definition of ``Federal mandate'' in the 
Unfunded Mandates Reform Act excludes financial assistance of the type 
in which State, local, or Tribal governments have authority to adjust 
their participation in the program in accordance with changes made in 
the program by the Federal Government.

[[Page 1409]]

The Federal Transit Act permits this type of flexibility.

Executive Order 13132 (Federalism Assessment)

    Executive Order 13132 requires agencies to assure meaningful and 
timely input by State and local officials in the development of 
regulatory policies that may have a substantial direct effect on the 
States, on the relationship between the National Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. This action has been analyzed in 
accordance with the principles and criteria contained in Executive 
Order 13132, dated August 4, 1999, and FTA determined this action will 
not have a substantial direct effect or sufficient federalism 
implications on the States. FTA also determined this action will not 
preempt any State law or regulation or affect the States' ability to 
discharge traditional State governmental functions.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities apply 
to this rulemaking.

Paperwork Reduction Act

    In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), and OMB implementing regulation at 5 CFR 1320.8(d), FTA 
is seeking approval from OMB for a currently approved information 
collection, OMB control number 2132-0543, that is associated with the 
existing regulation. FTA believes there will be no change in burden 
hours per submission resulting from this rulemaking.

National Environmental Policy Act

    Federal agencies are required to adopt implementing procedures for 
the National Environmental Policy Act (NEPA) that establish specific 
criteria for, and identification of, three classes of actions: (1) 
Those that normally require preparation of an Environmental Impact 
Statement, (2) those that normally require preparation of an 
Environmental Assessment, and (3) those that are categorically excluded 
from further NEPA review (40 CFR 1507.3(b)). This rule qualifies for 
categorical exclusions under 23 CFR 771.118(c)(4) (planning and 
administrative activities that do not involve or lead directly to 
construction). FTA has evaluated whether the proposed rule will involve 
unusual or extraordinary circumstances and has determined that it will 
not.

Executive Order 12630 (Taking of Private Property)

    FTA has analyzed this proposed rule under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights. FTA does not believe this proposed rule affects a 
taking of private property or otherwise has taking implications under 
Executive Order 12630.

Executive Order 12988 (Civil Justice Reform)

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    FTA has analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. FTA certifies that this action will not cause an environmental 
risk to health or safety that might disproportionately affect children.

Executive Order 13175 (Tribal Consultation)

    FTA has analyzed this proposed rule under Executive Order 13175, 
dated November 6, 2000, and believes that it will not have substantial 
direct effects on one or more Indian Tribes; will not impose 
substantial direct compliance costs on Indian Tribal governments; and 
will not preempt tribal laws. Therefore, a Tribal summary impact 
statement is not required.

Executive Order 13211 (Energy Effects)

    FTA has analyzed this action under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. FTA has determined that this action is not a 
significant energy action under that order and is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. Therefore, a Statement of Energy Effects is not required.

Executive Order 12898 (Environmental Justice)

    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations) and DOT 
Order 5610.2(a) (77 FR 27534, May 10, 2012) \1\ require DOT agencies to 
achieve environmental justice (EJ) as part of their mission by 
identifying and addressing, as appropriate, disproportionately high and 
adverse human health or environmental effects, including interrelated 
social and economic effects, of their programs, policies, and 
activities on minority and low-income populations. All DOT agencies 
must address compliance with Executive Order 12898 and the DOT Order in 
all rulemaking activities. On August 15, 2012, FTA's Circular 4703.1 
became effective, which contains guidance for recipients of FTA 
financial assistance to incorporate EJ principles into plans, projects, 
and activities.\2\
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    \1\ Department of Transportation Updated Environmental Justice 
Order 5610.2(a): Actions to Address Environmental Justice in 
Minority Populations and Low-Income Populations, 77 FR 27534 (May 
10, 2012). https://www.transportation.gov/transportation-policy/environmental-justice/department-transportation-order-56102a.
    \2\ Federal Transit Administration (February 2020). 
``Environmental Justice Policy Guidance for Federal Transit 
Administration Recipients.'' https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/environmental-justice-policy-guidance-federal-transit.
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    FTA has evaluated this action under the Executive order, the DOT 
Order, and the FTA Circular and has determined that this action will 
not cause disproportionately high and adverse human health and 
environmental effects on minority or low-income populations.

Regulation Identifier Number

    A Regulation Identifier Number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN contained in the heading of 
this document can be used to cross-reference this proposed rule with 
the Unified Agenda.

List of Subjects in 49 CFR Part 604

    Administrative practice and procedure, Buses, Grant programs--
transportation, Mass transportation, Reporting and recordkeeping 
requirements.

Veronica Vanterpool,
Acting Administrator.

    In consideration of the foregoing, and under the authority of 49 
U.S.C. 5323(d), and the delegation of authority at 49 CFR 1.91, the 
Federal Transit Administration proposes to revise and republish 49 CFR 
part 604 to read as follows:

[[Page 1410]]

PART 604--CHARTER SERVICE

Subpart A--General Provisions

Sec.
604.1 Purpose.
604.2 Applicability.
604.3 Definitions.
604.4 Charter service agreement.
Subpart B--Exceptions
604.5 Purpose.
604.6 Government officials on official government business.
604.7 Qualified human service organizations.
604.8 Leasing FTA funded equipment and drivers.
604.9 When no registered charter provider responds to notice from a 
recipient.
604.10 Agreement with registered charter providers.
604.11 Petitions to the Administrator.
604.12 Reporting requirements for all exceptions.
Subpart C--Procedures for Registration and Notification
604.13 Registration of private charter operators.
604.14 Recipient's notification to registered charter providers.
Subpart D--Registration of Qualified Human Service Organizations and 
Duties for Recipients With Respect to Charter Registration Website
604.15 Registration of qualified human service organizations.
604.16 Duties for recipients with respect to charter registration 
website.
Subpart E--Advisory Opinions and Cease and Desist Orders
604.17 Purpose.
604.18 Request for an advisory opinion.
604.19 Processing of advisory opinions.
604.20 Effect of an advisory opinion.
604.21 Special considerations for advisory opinions.
604.22 Request for a cease and desist order.
604.23 Decisions by the Chief Counsel regarding cease and desist 
orders.
604.24 Effect of a cease and desist order.
Subpart F--Complaints
604.25 Purpose.
604.26 Complaints and decisions regarding removal of private charter 
operators or qualified human service organizations from registration 
list.
604.27 Complaints, answers, replies, and other documents.
604.28 Dismissals.
604.29 Incomplete complaints.
604.30 Filing complaints.
604.31 Service.
Subpart G--Investigations
604.32 Investigation of complaint.
604.33 Agency initiation of investigation.
Subpart H--Decisions by FTA and Appointment of a Presiding Official 
(PO)
604.34 Chief Counsel decisions and appointment of a PO.
604.35 Separation of functions.
Subpart I--Hearings
604.36 Powers of a PO.
604.37 Appearances, parties, and rights of parties.
604.38 Discovery.
604.39 Depositions.
604.40 Public disclosure of evidence.
604.41 Standard of proof.
604.42 Burden of proof.
604.43 Offer of proof.
604.44 Record.
604.45 Waiver of procedures.
604.46 Recommended decision by a PO.
604.47 Remedies.
Subpart J--Appeal to Administrator and Final Agency Orders
604.48 Appeal from Chief Counsel decision.
604.49 Administrator's discretionary review of the Chief Counsel's 
decision.
Subpart K--Judicial Review
604.50 Judicial review of a final decision and order.

    Authority: 49 U.S.C. 5323(d); 49 CFR 1.51.

Subpart A--General Provisions


Sec.  604.1   Purpose.

    (a) The purpose of this part is to implement 49 U.S.C. 5323(d), 
which protects private charter operators from unauthorized competition 
from recipients of Federal financial assistance under the Federal 
Transit Laws.
    (b) This subpart specifies which entities shall comply with the 
regulations in this part; defines terms used in this part; explains 
procedures for an exemption from this part; and sets out the contents 
of a charter service agreement.


Sec.  604.2   Applicability.

    (a) The requirements of this part shall apply to recipients of 
Federal financial assistance under the Federal Transit Laws, except as 
otherwise provided in paragraphs (b) through (g) of this section.
    (b) The requirements of this part shall not apply to a recipient 
transporting its employees, other transit system employees, transit 
management officials, transit contractors and bidders, government 
officials and their contractors and official guests, to or from transit 
facilities or projects within its geographic service area or proposed 
geographic service area for the purpose of conducting oversight 
functions such as inspection, evaluation, or review.
    (c) The requirements of this part shall not apply to the non-FTA 
funded activities of private charter operators that receive, directly 
or indirectly, FTA financial assistance under any of the following 
programs: 49 U.S.C. 5307, 49 U.S.C. 5309, 49 U.S.C. 5310, or 49 U.S.C. 
5311.
    (d) The requirements of this part shall not apply to a recipient 
transporting its employees, other transit system employees, transit 
management officials, transit contractors and bidders, government 
officials and their contractors and official guests, for emergency 
preparedness planning and operations.
    (e) The requirements of this part shall not apply to a recipient 
that uses Federal financial assistance from FTA, for program purposes 
only, under 49 U.S.C. 5310 or 49 U.S.C. 5311.
    (f) The requirements of this part shall not apply to a recipient, 
for actions directly responding to an emergency declared by the 
President, governor, or mayor or in an emergency requiring immediate 
action prior to a formal declaration. If the emergency lasts more than 
45 days, the recipient shall follow the procedures set out in part 601, 
subpart D, of this chapter.
    (g) The requirements of this part shall not apply to a recipient in 
a non-urbanized area transporting its employees, other transit system 
employees, transit management officials, and transit contractors and 
bidders to or from transit training outside its geographic service 
area.


Sec.  604.3   Definitions.

    All terms defined in 49 U.S.C. 5301 et seq. are used in their 
statutory meaning in this part. Other terms used in this part are 
defined as follows:
    Administrator means the Administrator of the Federal Transit 
Administration or his or her designee.
    Charter service means, but does not include demand response service 
to individuals:
    (1) Transportation provided by a recipient at the request of a 
third party for the exclusive use of a bus or van for a negotiated 
price. The following features may be characteristic of charter service:
    (i) A third party pays the transit provider a negotiated price for 
the group;
    (ii) Any fares charged to individual members of the group are 
collected by a third party;
    (iii) The service is not part of the transit provider's regularly 
scheduled service, or is offered for a limited period of time; or
    (iv) A third party determines the origin and destination of the 
trip as well as scheduling; or
    (2) Transportation provided by a recipient to the public for events 
or functions that occur on an irregular basis or for a limited duration 
and:
    (i) A premium fare is charged that is greater than the usual or 
customary fixed route fare; or
    (ii) The service is paid for in whole or in part by a third party.

[[Page 1411]]

    Charter service hours means total hours operated by buses or vans 
while in charter service including:
    (1) Hours operated while carrying passengers for hire; plus
    (2) Associated deadhead hours.
    Chief Counsel means the Chief Counsel of FTA and his or her 
designated employees.
    Days means calendar days. The last day of a time period is included 
in the computation of time unless the last day is a Saturday, Sunday, 
or legal holiday, in which case, the time period runs until the end of 
the next day that is not a Saturday, Sunday, or legal holiday.
    Demand response means any non-fixed route system of transporting 
individuals that requires advanced scheduling by the customer, 
including services provided by public entities, nonprofits, and private 
providers.
    Exclusive means service that a reasonable person would conclude is 
intended to exclude members of the public.
    Federal Transit Laws means 49 U.S.C. 5301 et seq. and includes 23 
U.S.C. 142(a) and 142(c), when used to provide assistance to public 
transit agencies for purchasing buses and vans.
    FTA means the Federal Transit Administration.
    Geographic service area means the entire area in which a recipient 
is authorized to provide public transportation service under 
appropriate local, State, and Federal law.
    Government official means an individual elected or appointed at the 
local, State, or Federal level.
    Interested party means an individual, partnership, corporation, 
association, or other organization that has a financial interest that 
is affected by the actions of a recipient providing charter service 
under the Federal Transit Laws. This term includes States, counties, 
cities, and their subdivisions, and Tribal Nations.
    Pattern of violations means more than one finding of unauthorized 
charter service under this part by FTA beginning with the most recent 
finding of unauthorized charter service and looking back over a period 
not to exceed 72 months.
    Presiding Official means an official or agency representative who 
conducts a hearing at the request of the Chief Counsel and who has had 
no previous contact with the parties concerning the issue in the 
proceeding.
    Program purposes means transportation that serves the needs of 
either qualified human service organizations or targeted populations 
(elderly, individuals with disabilities, and or low-income 
individuals); this does not include exclusive service for other groups 
formed for purposes unrelated to the special needs of the targeted 
populations identified in this definition.
    Public transportation has the meaning set forth in 49 U.S.C. 
5302(15).
    Qualified human service organization means an organization that 
serves persons who qualify for federally conducted or federally 
assisted transportation-related programs or services due to disability, 
income, or advanced age. This term is consistent with the President's 
Executive order (E.O.) on Human Service Transportation Coordination 
(E.O. 13330).
    Recipient means an agency or entity that receives Federal financial 
assistance, either directly or indirectly, including subrecipients, 
under the Federal Transit Laws. This term does not include third-party 
contractors who use non-FTA funded vehicles.
    Registered charter provider means a private charter operator that 
wants to receive notice of charter service requests directed to 
recipients and has registered on FTA's charter registration website.
    Registration list means the current list of registered charter 
providers and qualified human service organizations maintained on FTA's 
charter registration website.
    Special transportation means demand response or paratransit service 
that is regular and continuous and is a type of ``public 
transportation.''
    Violation means a finding by FTA of a failure to comply with one of 
the requirements of this part.


Sec.  604.4  Charter service agreement.

    (a) A recipient seeking Federal assistance under the Federal 
Transit Laws to acquire or operate any public transportation equipment 
or facilities shall enter into a ``Charter Service Agreement'' as set 
out in paragraph (b) of this section.
    (b) A recipient shall enter into a Charter Service Agreement if it 
receives Federal funds for equipment or facilities under the Federal 
Transit Laws. The terms of the Charter Service Agreement are as 
follows: ``The recipient agrees that it, and each of its sub-
recipients, and third party contractors at any level who use FTA-funded 
vehicles, may provide charter service using equipment or facilities 
acquired with Federal assistance authorized under the Federal Transit 
Laws only in compliance with the regulations set out in 49 CFR part 
604, the terms and conditions of which are adopted herein by 
reference.''
    (c) The Charter Service Agreement is contained in the 
Certifications and Assurances published annually by FTA for applicants 
for Federal financial assistance. Once a recipient receives Federal 
funds, the Certifications and Assurances become part of its Grant 
Agreement or Cooperative Agreement for Federal financial assistance.

Subpart B--Exceptions


Sec.  604.5   Purpose.

    The purpose of this subpart is to identify the limited exceptions 
under which recipients may provide charter services.


Sec.  604.6   Government officials on official government business.

    (a) A recipient may provide charter service to government officials 
(Federal, State, and local) for official government business, which can 
include non-transit related purposes, if the recipient:
    (1) Provides the service in its geographic service area;
    (2) Does not generate revenue from the charter service, except as 
required by law; and
    (3) After providing such service, records the following:
    (i) The government organization's name, address, phone number, and 
email address;
    (ii) The date and time of service;
    (iii) The number of passengers (specifically noting the number of 
government officials on the trip);
    (iv) The origin, destination, and trip length (miles and hours);
    (v) The fee collected, if any; and
    (vi) The vehicle number for the vehicle used to provide the 
service.
    (b) A recipient that provides charter service under this section 
shall be limited annually to 80 charter service hours for providing 
trips to government officials for official government business.
    (c) A recipient may petition the Administrator for additional 
charter service hours only if the petition contains the following 
information:
    (1) Date and description of the official government event and the 
number of charter service hours requested;
    (2) Explanation of why registered charter providers in the 
geographic service area cannot perform the service (e.g., equipment, 
time constraints, or other extenuating circumstances); and
    (3) Evidence that the recipient has sent the request for additional 
hours to registered charter providers in its geographic service area.
    (d) FTA shall post the request for additional charter service hours 
under this section in the Government Officials Exception docket, docket 
number FTA-2007-0020 at https://www.regulations.gov. Interested parties

[[Page 1412]]

may review the contents of this docket and bring questions or concerns 
to the attention of the Ombudsman for Charter Services. The written 
decision of the Administrator regarding the request for additional 
charter service hours shall be posted in the Government Officials 
Exception docket and sent to the recipient.


Sec.  604.7   Qualified human service organizations.

    (a) A recipient may provide charter service to a qualified human 
service organization (QHSO) for the purpose of serving persons:
    (1) With mobility limitations related to advanced age;
    (2) With disabilities; or
    (3) With low income.
    (b) If an organization serving persons described in paragraph (a) 
of this section receives funding, directly or indirectly, from any of 
the human services Federal financial assistance programs listed in the 
Program Inventory of the Coordinated Council on Access and Mobility 
(CCAM) located on FTA's charter service website, the QHSO shall not be 
required to register on the FTA charter registration website.
    (c) If a QHSO serving persons described in paragraph (a) of this 
section does not receive funding from any of the programs listed in the 
CCAM Program Inventory, the QHSO shall register on the FTA charter 
registration website in accordance with Sec.  604.15.
    (d) A recipient providing charter service under this section, 
whether or not the QHSO receives funding from any of the programs 
listed in the CCAM Program Inventory, and after providing such charter 
service, shall record:
    (1) The QHSO's name, address, phone number, and email address;
    (2) The date and time of service;
    (3) The number of passengers;
    (4) The origin, destination, and trip length (miles and hours);
    (5) The fee collected, if any; and
    (6) The vehicle number for the vehicle used to provide the service.


Sec.  604.8   Leasing FTA funded equipment and drivers.

    (a) A recipient may lease its FTA-funded equipment and drivers to 
registered charter providers for charter service only if the following 
conditions exist:
    (1) The private charter operator is registered on the FTA charter 
registration website;
    (2) The registered charter provider owns and operates buses or vans 
in a charter service business;
    (3) The registered charter provider received a request for charter 
service that exceeds its available capacity either of the number of 
vehicles operated by the registered charter provider or the number of 
accessible vehicles operated by the registered charter provider; and
    (4) The registered charter provider has exhausted all of the 
available vehicles of all registered charter providers in the 
recipient's geographic service area.
    (b) A recipient leasing vehicles and drivers to a registered 
charter provider under this section shall record:
    (1) The registered charter provider's name, address, telephone 
number, and email address;
    (2) The number of vehicles leased, types of vehicles leased, and 
vehicle identification numbers; and
    (3) The documentation presented by the registered charter provider 
in support of paragraphs (a)(1) through (4) of this section.
    (c) In accordance with Sec.  604.26, if a registered charter 
provider seeking to lease vehicles has filed a complaint requesting 
that another registered charter provider be removed from the FTA 
charter registration website, then the registered charter provider 
seeking to lease vehicles is not required to exhaust the vehicles from 
that registered charter provider while the complaint is pending before 
leasing vehicles from a recipient.


Sec.  604.9   When no registered charter provider responds to notice 
from a recipient.

    (a) A recipient may provide charter service, on its own initiative 
or at the request of a third party, if no registered charter provider 
responds to the notice issued in Sec.  604.14:
    (1) Within 72 hours for charter service requested to be provided in 
less than 30 days; or
    (2) Within 14 calendar days for charter service requested to be 
provided in 30 days or more.
    (b) A recipient shall not provide charter service under this 
section if a registered charter provider indicates an interest in 
providing the charter service set out in the notice issued pursuant to 
Sec.  604.14 and the registered charter provider has informed the 
recipient of its interest in providing the service.
    (c) After providing the service, a recipient shall record:
    (1) The group's name, address, phone number, and email address;
    (2) The date and time of service;
    (3) The number of passengers;
    (4) The origin, destination, and trip length (miles and hours);
    (5) The fee collected, if any; and
    (6) The vehicle number for the vehicle used to provide the service.


Sec.  604.10   Agreement with registered charter providers.

    (a) A recipient may provide charter service directly to a customer 
consistent with an agreement entered into with all registered charter 
providers in the recipient's geographic service area.
    (b) If a new charter provider registers in the geographic service 
area subsequent to the initial agreement, the recipient may continue to 
provide charter service under the previous agreement with the other 
charter providers up to 90 days without an agreement with the newly 
registered charter provider.
    (c) Any of the parties to an agreement may cancel the agreement at 
any time after providing the recipient a 90-day notice.


Sec.  604.11   Petitions to the Administrator.

    (a) A recipient may petition the Administrator for an exception to 
the regulations in this part to provide charter service directly to a 
customer for:
    (1) Events of regional or national significance;
    (2) Hardship (only for non-urbanized areas under 50,000 in 
population or small urbanized areas under 200,000 in population); or
    (3) Unique and time sensitive events (e.g., funerals of local, 
regional, or national significance) that are in the public's interest.
    (b) The petition to the Administrator shall include the following 
information:
    (1)(i) The date and description of the event;
    (ii) The type of service requested and the type of equipment;
    (iii) The anticipated number of charter service hours needed for 
the event; and
    (iv) The anticipated number of vehicles and duration of the event; 
and
    (2) For an event of regional or national significance, the petition 
shall include a description of how registered charter providers were 
consulted, how registered charter providers will be utilized in 
providing the charter service, a certification that the recipient has 
exhausted all of the registered charter providers in its geographic 
service area, and submit the petition at least 90 days before the first 
day of the event described in paragraph (b)(1)(i) of this section;
    (3) For a hardship request, a petition is only available if the 
registered charter provider that has indicated an interest in providing 
the charter service set out in the notice issued pursuant to Sec.  
604.14 has a deadhead time that exceeds total trip time from initial 
pickup to final drop-off, including wait time. The petition shall 
describe how the

[[Page 1413]]

registered charter provider's minimum duration would create a hardship 
on the group requesting the charter service; or
    (4) For unique and time sensitive events, the petition shall 
describe why the event is unique or time sensitive and how providing 
the charter service would be in the public's interest.
    (c) Upon receipt of a petition that meets the requirements set 
forth in paragraph (b) of this section, the Administrator shall review 
the materials and issue a written decision denying or granting the 
request in whole or in part. In making this decision, the Administrator 
may seek such additional information as the Administrator deems 
necessary. The Administrator's decision shall be filed in the Petitions 
to the Administrator docket, number FTA-2007-0022 at https://www.regulations.gov and sent to the recipient.
    (d) Any exception granted by the Administrator under this section 
shall be effective only for the event identified in paragraph (b)(1)(i) 
of this section.
    (e) A recipient shall send its petition to the Administrator by 
email to [email protected].
    (f) A recipient shall retain a copy of the Administrator's approval 
for a period of at least three years and shall include it in the 
recipient's quarterly report posted on the charter registration 
website.


Sec.  604.12   Reporting requirements for all exceptions.

    (a) A recipient that provides charter service in accordance with 
one or more of the exceptions contained in this subpart shall maintain 
the required notice and records in an electronic format for a period of 
at least three years from the date of the service or lease. A recipient 
may maintain the required records in other formats in addition to the 
electronic format.
    (b) In addition to the requirements identified in paragraph (a) of 
this section, the records required under this subpart shall include a 
clear statement identifying which exception the recipient relied upon 
when it provided the charter service.
    (c) A recipient providing charter service under the exceptions in 
this subpart shall post the records required under this subpart on the 
FTA charter registration website 30 days after the end of each calendar 
quarter (i.e., January 30th, April 30th, July 30th, and October 30th). 
A single document or charter log may include all charter service trips 
provided during the quarter.
    (d) A recipient may exclude specific origin and destination 
information for safety and security reasons. If a recipient excludes 
such information, the record of the service shall describe the reason 
why such information was excluded and provide generalized information 
instead of providing specific origin and destination information.

Subpart C--Procedures for Registration and Notification


Sec.  604.13   Registration of private charter operators.

    (a) To be considered a registered charter provider, private charter 
operators shall register on FTA's charter registration website by 
providing the following information:
    (1) Company name, address, phone number, email address, and 
facsimile number;
    (2) Federal and, if available, State motor carrier identifying 
number;
    (3) The geographic service areas of public transit agencies, as 
identified by the transit agency's zip code, in which the private 
charter operator intends to provide charter service;
    (4) The number of buses or vans the private charter operator owns;
    (5) A certification that the private charter operator has valid 
insurance; and
    (6) Whether the private charter operator is willing to provide free 
or reduced rate charter services to registered qualified human service 
organizations.
    (b) A private charter operator that provides valid information in 
this subpart is a ``registered charter provider'' for purposes of this 
part and shall have standing to file a complaint consistent with 
subpart F of this part.
    (c) A recipient, a registered charter provider, or their duly 
authorized representative may challenge a registered charter provider's 
registration and request removal of the private charter operator from 
FTA's charter registration website by filing a complaint consistent 
with subpart F of this part.
    (d) FTA may refuse to post a private charter operator's information 
if the private charter operator fails to provide all of the required 
information required by paragraph (a) of this section.
    (e) A registered charter provider shall provide current and 
accurate information on FTA's charter registration website and shall 
update that information no less frequently than every two years.


Sec.  604.14   Recipient's notification to registered charter 
providers.

    (a) Upon receiving a request for charter service, a recipient may:
    (1) Decline to provide the service, with or without referring the 
requestor to FTA's charter registration website;
    (2) Provide the service under an exception provided in subpart B of 
this part; or
    (3) Provide notice to registered charter providers as provided in 
this section and provide the service pursuant to Sec.  604.9.
    (b) If a recipient is interested in providing charter service under 
the exception contained in Sec.  604.9, then upon receipt of a request 
for charter service, the recipient shall provide email notice to 
registered charter providers in the recipient's geographic service area 
in the following manner:
    (1) E-mail notice of the request shall be sent by the close of 
business on the day the recipient receives the request unless the 
recipient received the request after 2 p.m., in which case the 
recipient shall send the notice by the close of business the next 
business day;
    (2) E-mail notice sent to the list of registered charter providers 
shall include:
    (i) Customer name, address, phone number, and email address (if 
available);
    (ii) Requested date of service;
    (iii) Approximate number of passengers;
    (iv) Whether the type of equipment requested is (are) bus(es) or 
van(s); and
    (v) Trip itinerary and approximate duration; and
    (3) If the recipient intends to provide service that meets 
paragraph (2) of the definition of charter service under Sec.  604.3, 
the email notice must include the fare the recipient intends to charge 
for the service.
    (c) A recipient shall retain an electronic copy of the email notice 
and the list of registered charter providers that were sent email 
notice of the requested charter service for a period of at least three 
years from the date the email notice was sent.
    (d) If a recipient receives an ``undeliverable'' notice in response 
to its email notice, the recipient shall send the notice via facsimile. 
The recipient shall maintain the record of the undeliverable email 
notice and the facsimile sent confirmation for a period of three years.

Subpart D--Registration of Qualified Human Service Organizations 
and Duties for Recipients With Respect to Charter Registration 
Website


Sec.  604.15   Registration of qualified human service organizations.

    (a) Qualified human service organizations (QHSO) that seek free or

[[Page 1414]]

reduced rate services from recipients, and do not receive funds from 
human services Federal financial assistance programs listed in the CCAM 
Program Inventory located on FTA's charter service website, but serve 
individuals described in Sec.  604.7 (i.e., individuals with low 
income, advanced age, or with disabilities), shall register on FTA's 
charter registration website by submitting the following information:
    (1) Name of organization, address, phone number, email address, and 
facsimile number;
    (2) The geographic service area of the recipient in which the 
qualified human service organization resides;
    (3) Basic financial information regarding the qualified human 
service organization and whether the qualified human service 
organization is exempt from taxation under section 501(c) (1), (3), 
(4), or (19) of the Internal Revenue Code, and whether it is a unit of 
Federal, State, or local government;
    (4) Whether the qualified human service organization receives funds 
directly or indirectly from a State or local program, and if so, which 
program(s); and
    (5) A narrative statement describing the types of charter service 
trips the qualified human service organization may request from a 
recipient and how that service is consistent with the mission of the 
qualified human service organization.
    (b) A qualified human service organization is eligible to receive 
charter services from a recipient if it:
    (1) Receives funds from at least one of the human services Federal 
financial assistance programs listed in the CCAM Program Inventory; or
    (2) Registers on the FTA website in accordance with paragraph (a) 
of this section at least 60 days before the date of the requested 
charter service and verifies FTA's receipt of its registration by 
viewing its information on the FTA charter registration website.
    (c) A registered charter provider may challenge a QHSO's 
eligibility under paragraph (b)(2) of this section to receive charter 
services from a recipient by requesting removal of the QHSO from FTA's 
charter registration website by filing a complaint consistent with 
subpart F of this part.
    (d) A QHSO eligible under paragraph (b)(2) of this section to 
receive charter services from a recipient shall provide current and 
accurate information on FTA's charter registration website and shall 
update that information no less frequently than every two years.


Sec.  604.16   Duties for recipients with respect to charter 
registration website.

    Each recipient shall ensure that its affected employees and 
contractors have the necessary competency to effectively use the FTA 
charter registration website.

Subpart E--Advisory Opinions and Cease and Desist Orders


Sec.  604.17   Purpose.

    The purpose of this subpart is to set out the requirements for 
requesting an advisory opinion from the Chief Counsel's Office. An 
advisory opinion may also request that the Chief Counsel issue a cease 
and desist order, which would be an order to refrain from doing an act 
which, if done, would be a violation of this part.


Sec.  604.18   Request for an advisory opinion.

    (a) An interested party may request an advisory opinion from the 
Chief Counsel on a matter regarding specific factual events only.
    (b) A request for an advisory opinion shall be submitted in the 
following form:

    [Date]
    Chief Counsel, Federal Transit Administration, 1200 New Jersey 
Ave. SE, Room E55- 302, Washington, DC 20590
    Re: Request for Advisory Opinion
    The undersigned submits this request for an advisory opinion 
from the FTA Chief Counsel with respect to [the general nature of 
the matter involved].
    A. A full statement of all facts and legal points relevant to 
the request
    B. An affirmation that the undersigned swears, to the best of 
his/her knowledge and belief, this request includes all data, 
information, and views relevant to the matter, whether favorable or 
unfavorable to the position of the undersigned, which is the subject 
of the request.
    C. The following certification: ``I hereby certify that I have 
this day served the foregoing [name of document] on the following 
interested party(ies) at the following ad- dresses and email or 
facsimile numbers (if also served by email or facsimile) by [specify 
method of service]:
    [list persons, addresses, and email or facsimile numbers]''
    Dated this xx day of xx, 20xx. [Signature]
    [Printed name]
    [Title of person making request] [Mailing address]
    [Telephone number] [email address]

    (c) The Chief Counsel may request additional information, as 
necessary, from the party submitting the request for an advisory 
opinion.
    (d) A request for an advisory opinion may be denied if:
    (1) The request contains incomplete information on which to base an 
informed advisory opinion;
    (2) The Chief Counsel concludes that an advisory opinion cannot 
reasonably be given on the matter involved;
    (3) The matter is adequately covered by a prior advisory opinion or 
a regulation; and
    (4) The Chief Counsel otherwise concludes that an advisory opinion 
would not be in the public interest.


Sec.  604.19   Processing of advisory opinions.

    (a) A request for an advisory opinion shall be sent to the Chief 
Counsel at [email protected] and filed electronically in 
the Charter Service Advisory Opinion/Cease and Desist Order docket 
number FTA-2007-0023 at https://www.regulations.gov or sent to the 
dockets office located at 1200 New Jersey Ave. SE, West Building Ground 
Floor, Room W12-140, Washington, DC 20590, for submission to that 
docket.
    (b) The Chief Counsel shall make every effort to respond to a 
request for an advisory opinion within ten days of receipt of a request 
that complies with Sec.  604.18(b). The Chief Counsel shall send his or 
her decision to the interested party, the docket, and the recipient, if 
appropriate.


Sec.  604.20   Effect of an advisory opinion.

    (a) An advisory opinion represents the formal position of FTA on a 
matter, and except as provided in Sec.  604.25, obligates the agency to 
follow it until it is amended or revoked.
    (b) An advisory opinion may be used in administrative or court 
proceedings to illustrate acceptable and unacceptable procedures or 
standards, but not as a legal requirement and is limited to the factual 
circumstances described in the request for an advisory opinion. The 
Chief Counsel's advisory opinion shall not be binding upon a Presiding 
Official conducting a proceeding under subpart I of this part.
    (c) A statement made or advice provided by an FTA employee 
constitutes an advisory opinion only if it is issued in writing under 
this section. A statement or advice given by an FTA employee orally, or 
given in writing, but not under this section, is an informal 
communication that represents the best judgment of that employee at the 
time but does not constitute an advisory opinion, does not necessarily 
represent the formal position of FTA, and does not bind or otherwise 
obligate or commit the agency to the views expressed.


Sec.  604.21   Special considerations for advisory opinions.

    Based on new facts involving significant financial considerations, 
the

[[Page 1415]]

Chief Counsel may take appropriate enforcement action contrary to an 
advisory opinion before amending or revoking the opinion. This action 
shall be taken only with the approval of the Administrator.


Sec.  604.22   Request for a cease and desist order.

    (a) An interested party may also request a cease and desist order 
as part of its request for an advisory opinion. A request for a cease 
and desist order shall contain the following information in addition to 
the information required for an advisory opinion:
    (1) A description of the need for the cease and desist order, a 
detailed description of the lost business opportunity the interested 
party is likely to suffer if the recipient performs the charter service 
in question, and how the public interest will be served by avoiding or 
ameliorating the lost business opportunity. A registered charter 
provider must distinguish its loss from that of other registered 
charter providers in the geographic service area.
    (2) A detailed description of the efforts made to notify the 
recipient of the potential violation of the regulations in this part. 
Include names, titles, phone numbers or email addresses of persons 
contacted, date and times contact was made, and the response received, 
if any.
    (b) A request for a cease and desist order may be denied if:
    (1) The request contains incomplete information on which to base an 
informed decision on a cease and desist order;
    (2) The Chief Counsel concludes that a cease and desist order 
cannot reasonably be given on the matter involved;
    (3) The matter is adequately covered by a prior a cease and desist 
order; or
    (4) The Chief Counsel otherwise concludes that a cease and desist 
order would not be in the public interest.
    (c) A recipient who is the subject of a request for a cease and 
desist order shall have three business days to respond to the request. 
The response shall include a point-by-point rebuttal to the information 
included in the request for a cease and desist order.
    (d) The time period for a response by the recipient begins once a 
registered charter provider files a request in the Advisory Opinions/
Cease and Desist Orders docket (FTA-2007-0023 at https://www.regulations.gov) or with the FTA Chief Counsel's Office, whichever 
date is sooner.


Sec.  604.23   Decisions by the Chief Counsel regarding cease and 
desist orders.

    (a) The Chief Counsel may grant a request for a cease and desist 
order if the interested party demonstrates, by a preponderance of the 
evidence, that the planned provision of charter service by a recipient 
would violate this part.
    (b) In determining whether to grant the request for a cease and 
desist order, the Chief Counsel shall consider the specific facts shown 
in the signed, sworn request for a cease and desist order, applicable 
statutes, regulations, agreements, and any other information that is 
relevant to the request.


Sec.  604.24   Effect of a cease and desist order.

    Issuance of a cease and desist order against a recipient shall be 
considered as an aggravating factor in determining the remedy to impose 
against the recipient in future findings of noncompliance with this 
part, if the recipient provides the service described in the cease and 
desist order issued by the Chief Counsel.

Subpart F--Complaints


Sec.  604.25   Purpose.

    This subpart describes the requirements for filing a complaint 
challenging the registration of a private charter operator or qualified 
human service organization on the FTA charter registration website and 
filing a complaint regarding the provision of charter service by a 
recipient. Note: To save time and expense for all concerned, FTA 
expects all parties to attempt to resolve matters informally before 
beginning the official complaint process.


Sec.  604.26   Complaints and decisions regarding removal of private 
charter operators or qualified human service organizations from 
registration list.

    (a) A recipient, a registered charter provider, or its duly 
authorized representative, may challenge the listing of a registered 
charter provider or qualified human service organization on FTA's 
charter registration website by filing a complaint that meets the 
following:
    (1) States the name and address of each entity who is the subject 
of the complaint;
    (2) Provides a concise but complete statement of the facts relied 
upon to substantiate the reason why the private charter operator or 
qualified human service organization should not be listed on the FTA 
charter registration website;
    (3) Files electronically by submitting it to the Charter Service 
Removal Complaints docket number FTA-2007-0024 at https://www.regulations.gov;
    (4) Serves by email or facsimile if no email address is available, 
or by overnight mail service with receipt confirmation, and attaches 
documents offered in support of the complaint, upon all entities named 
in the complaint;
    (5) Files within 90 days of discovering facts that merit removal of 
the registered charter provider or qualified human service organization 
from the FTA Charter Registration website; and
    (6) Contains the following certification:

    I hereby certify that I have this day served the foregoing [name 
of document] on the following persons at the following addresses and 
email or facsimile numbers (if also served by email or facsimile) by 
[specify method of service]:
    [list persons, addresses, and email or facsimile numbers]
    Dated this xx day of xxxx, 20xx. [signature], for [party].

    (b) The registered charter provider or qualified human service 
organization shall have 15 days to answer the complaint and shall file 
such answer, and all supporting documentation, in the Charter Service 
Removal Complaint docket number FTA-2007-0024 at https://www.regulations.gov and email such answer to 
[email protected].
    (c) A recipient, qualified human service organization, or a 
registered charter provider, or its duly authorized representative, 
shall not file a reply to the answer.
    (d) FTA shall determine whether to remove the registered charter 
provider or qualified human service organization from the FTA charter 
registration website based on a preponderance of the evidence of one or 
more of the following:
    (1) Bad faith;
    (2) Fraud;
    (3) Lapse of insurance;
    (4) Lapse of other documentation; or
    (5) The filing of more than one complaint, which on its face, does 
not state a claim that warrants an investigation or further action by 
FTA.
    (e) FTA's determination whether or not to remove a registered 
charter provider or qualified human service organization from the 
registration list shall be sent to the parties within 30 days of the 
date of the response required in paragraph (b) of this section and 
shall state:
    (1) Reasons for allowing the continued listing or removal of the 
registered charter provider or qualified human service organization 
from the registration list;
    (2) If removal is ordered, the length of time (not to exceed three 
years) the private charter operator or qualified human service 
organization shall be barred from the registration list; and
    (3) The date by which the private charter operator or qualified 
human

[[Page 1416]]

service organization may re-apply for registration on the FTA charter 
registration website.


Sec.  604.27   Complaints, answers, replies, and other documents.

    (a) A registered charter provider, or its duly authorized 
representative (``complainant''), affected by an alleged noncompliance 
of this part may file a complaint with the Office of the Chief Counsel.
    (b) Complaints filed under this subpart shall:
    (1) Be titled ``Notice of Charter Service Complaint'';
    (2) State the name and address of each recipient that is the 
subject of the complaint and, with respect to each recipient, the 
specific provisions of this part that the complainant believes were 
violated;
    (3) Be served in accordance with Sec.  604.31, along with all 
documents then available in the exercise of reasonable diligence, 
offered in support of the complaint, upon all recipients named in the 
complaint as being responsible for the alleged action(s) or omission(s) 
upon which the complaint is based;
    (4) Provide a concise but complete statement of the facts relied 
upon to substantiate each allegation (complainant must show by a 
preponderance of the evidence that the recipient provided charter 
service and that such service did not fall within one of the exemptions 
or exceptions set out in this part);
    (5) Describe how the complainant was directly and substantially 
affected by the things done or omitted by the recipients;
    (6) Identify each registered charter provider associated with the 
complaint; and
    (7) Be filed within 90 days after the alleged event giving rise to 
the complaint occurred.
    (c) Unless the complaint is dismissed pursuant to Sec.  604.28 or 
Sec.  604.29, FTA shall notify the complainant, respondent, and State 
recipient, if applicable, within 30 days after the date FTA receives 
the complaint that the complaint has been docketed. Respondent shall 
have 30 days from the date of service of the FTA notification to file 
an answer.
    (d) The complainant may file a reply within 20 days of the date of 
service of the respondent's answer.
    (e) The respondent may file a rebuttal within 10 days of the date 
of service of the reply.
    (f) The answer, reply, and rebuttal shall, like the complaint, 
contain a concise but complete statement of the facts relied upon to 
substantiate the answers, admissions, denials, or averments made and be 
accompanied by the supporting documentation upon which the submitter 
relies.
    (g) The answer shall deny or admit the allegations made in the 
complaint or state that the entity filing the document is without 
sufficient knowledge or information to admit or deny an allegation and 
shall assert any affirmative defense.
    (h) The respondent's answer may include a motion to dismiss the 
complaint, or any portion thereof, with a supporting memorandum of 
points and authorities.
    (i) The complainant may withdraw a complaint at any time after 
filing by serving a ``Notification of Withdrawal'' on the Chief Counsel 
and the respondent.


Sec.  604.28   Dismissals.

    Within 20 days after the receipt of a complaint described in Sec.  
604.27, the Office of the Chief Counsel shall provide reasons for 
dismissing a complaint, or any claim in the complaint, with prejudice, 
under this section if:
    (a) It appears on its face to be outside the jurisdiction of FTA 
under the Federal Transit Laws;
    (b) On its face it does not state a claim that warrants an 
investigation or further action by FTA; or
    (c) The complainant lacks standing to file a complaint under 
subpart B, C, or D of this part.


Sec.  604.29   Incomplete complaints.

    If a complaint is not dismissed under Sec.  604.28, but is 
deficient as to one or more of the requirements set forth in Sec.  
604.27, the Office of the Chief Counsel may dismiss the complaint 
within 20 days after receiving it. Dismissal shall be without prejudice 
and the complainant may re-file after amendment to correct the 
deficiency. The Chief Counsel's dismissal shall include the reasons for 
the dismissal without prejudice.


Sec.  604.30   Filing complaints.

    (a) Filing address. Unless provided otherwise, the complainant 
shall file the complaint with the Office of the Chief Counsel, 1200 New 
Jersey Ave. SE, Room E55-302, Washington, DC 20590 and file it 
electronically in the Charter Service Complaint docket number FTA-2007-
0025 at https://www.regulations.gov or mail it to the docket by sending 
the complaint to 1200 New Jersey Ave. SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590.
    (b) Date and method of filing. Filing of any document shall be by 
personal delivery, U.S. mail, or overnight delivery with receipt 
confirmation. Unless the date is shown to be inaccurate, documents to 
be filed with FTA shall be deemed filed on the earliest of:
    (1) The date of personal delivery;
    (2) The mailing date shown on the certificate of service;
    (3) The date shown on the postmark if there is no certificate of 
service; or
    (4) The mailing date shown by other evidence if there is no 
certificate of service and no postmark.
    (c) Electronic service. A document sent by email shall not 
constitute service as described in Sec.  604.31.
    (d) Number of copies. Unless otherwise specified, an executed 
original shall be filed with FTA.
    (e) Form. Documents filed with FTA shall be typewritten or legibly 
printed. In the case of docketed proceedings, the document shall 
include a title and the docket number, as established by the Chief 
Counsel or Presiding Official, of the proceeding on the front page.
    (f) Signing of documents and other papers. The original of every 
document filed shall be signed by the person filing it or the person's 
duly authorized representative. Subject to the enforcement provisions 
contained in this subpart, the signature shall serve as a certification 
that the signer has read the document and, based on reasonable inquiry, 
to the best of the signer's knowledge, information, and belief, the 
document is:
    (1) Consistent with this part;
    (2) Warranted by existing law or that a good faith argument exists 
for extension, modification, or reversal of existing law; and
    (3) Not interposed for any improper purpose, such as to harass or 
to cause unnecessary delay or needless increase in the cost of the 
administrative process.


Sec.  604.31   Service.

    (a) Designation of person to receive service. The initial document 
filed by the complainant shall state on the first page of the document 
for all parties to be served:
    (1) The title of the document;
    (2) The name, post office address, telephone number; and
    (3) The facsimile number, if any, and email address(es), if any.
    (4) If any of the items in paragraphs (a)(1) through (3) of this 
section change during the proceeding, the person shall promptly file 
notice of the change with FTA and the Presiding Official, if 
appropriate, and shall serve the notice on all other parties to the 
proceeding.
    (b) Docket numbers. Each submission identified as a complaint under 
this part

[[Page 1417]]

by the submitting party shall be filed in the Charter Service Complaint 
docket FTA-2007-0025.
    (c) Who must be served. Copies of all documents filed with FTA 
shall be served by the entity filing them on all parties to the 
proceeding. A certificate of service shall accompany all documents when 
they are tendered for filing and shall certify concurrent service on 
FTA and all parties. Certificates of service shall be in substantially 
the following form:

    I hereby certify that I have this day served the foregoing [name 
of document] on the following persons at the following addresses and 
email or facsimile numbers (if also served by email or facsimile) by 
[specify method of service]:
    [list persons, addresses, and email or facsimile numbers]
    Dated this xx day of xxxx, 20xx. [signature], for [party]

    (d) Method of service. Except as otherwise provided in Sec.  
604.26, or agreed by the parties and the Presiding Official, as 
appropriate, the method of service is personal delivery or U.S. mail.
    (e) Presumption of service. There shall be a presumption of lawful 
service:
    (1) When acknowledgment of receipt is by a person who customarily 
or in the ordinary course of business receives mail at the address of 
the party or of the person designated under this section; or
    (2) When a properly addressed envelope, sent to the last known 
address has been returned as undeliverable, un-claimed, or refused.

Subpart G--Investigations


Sec.  604.32   Investigation of complaint.

    (a) If, based on the pleadings, there appears to be a reasonable 
basis for investigation, FTA shall investigate the subject matter of 
the complaint.
    (b) The investigation may include a review of written submissions 
or pleadings of the parties, as supplemented by any informal 
investigation FTA considers necessary and by additional information 
furnished by the parties at FTA request. Each party shall file 
documents that it considers sufficient to present all relevant facts 
and argument necessary for FTA to determine whether the recipient is in 
compliance.
    (c) The Chief Counsel shall send a notice to complainant(s) and 
respondent(s) once an investigation is complete, but not later than 90 
days after receipt of the last pleading specified in Sec.  604.27 was 
due to FTA.


Sec.  604.33   Agency initiation of investigation.

    (a) Notwithstanding any other provision under this part, FTA may 
initiate its own investigation of any matter within the applicability 
of this part without having received a complaint. The investigation may 
include, without limitation, any of the actions described in Sec.  
604.32.
    (b) Following the initiation of an investigation under this 
section, FTA sends a notice to the entities subject to investigation. 
The notice will set forth the areas of FTA's concern and the reasons; 
request a response to the notice within 30 days of the date of service; 
and inform the respondent that FTA will, in its discretion, invite good 
faith efforts to resolve the matter.
    (c) If the matters addressed in the FTA notice are not resolved 
informally, the Chief Counsel may refer the matter to a Presiding 
Official.

Subpart H--Decisions by FTA and Appointment of a Presiding Official 
(PO)


Sec.  604.34   Chief Counsel decisions and appointment of a PO.

    (a) After receiving a complaint consistent with Sec.  604.27, and 
conducting an investigation, the Chief Counsel may:
    (1) Issue a decision based on the pleadings filed to date;
    (2) Appoint a PO to review the matter; or
    (3) Dismiss the complaint pursuant to Sec.  604.28.
    (b) If the Chief Counsel appoints a PO to review the matter, the 
Chief Counsel shall send out a hearing order that sets forth the 
following:
    (1) The allegations in the complaint, or notice of investigation, 
and the chronology and results of the investigation preliminary to the 
hearing conducted in accordance with subpart I of this part;
    (2) The relevant statutory, judicial, regulatory, and other 
authorities;
    (3) The issues to be decided;
    (4) Such rules of procedure as may be necessary to supplement the 
provisions of this part;
    (5) The name and address of the PO, and the assignment of authority 
to the PO to conduct the hearing in accordance with the procedures set 
forth in this part; and
    (6) The date by which the PO is directed to issue a recommended 
decision.


Sec.  604.35   Separation of functions.

    (a) Proceedings under this part shall be handled by an FTA 
attorney, except that the Chief Counsel may appoint a PO, who may not 
be an FTA attorney.
    (b) After issuance of an initial decision by the Chief Counsel, the 
FTA employee or contractor engaged in the performance of investigative 
or prosecutorial functions in a proceeding under this part shall not, 
in that case or a factually related case, participate or give advice in 
a final decision by the Administrator or his or her designee on written 
appeal, and shall not, except as counsel or as witness in the public 
proceedings, engage in any substantive communication regarding that 
case or a related case with the Administrator on written appeal.

Subpart I--Hearings


Sec.  604.36   Powers of a PO.

    A PO may:
    (a) Give notice of, and hold, pre-hearing conferences and hearings;
    (b) Administer oaths and affirmations;
    (c) Issue notices of deposition requested by the parties;
    (d) Limit the frequency and extent of discovery;
    (e) Rule on offers of proof;
    (f) Receive relevant and material evidence;
    (g) Regulate the course of the hearing in accordance with the rules 
of this part to avoid unnecessary and duplicative proceedings in the 
interest of prompt and fair resolution of the matters at issue;
    (h) Hold conferences to settle or to simplify the issues by consent 
of the parties;
    (i) Dispose of procedural motions and requests;
    (j) Examine witnesses; and
    (k) Make findings of fact and conclusions of law and issue a 
recommended decision.


Sec.  604.37   Appearances, parties, and rights of parties.

    (a) Any party to the hearing may appear and be heard in person and 
any party to the hearing may be accompanied, represented, or advised by 
an attorney licensed by a State, the District of Columbia, or a 
territory of the United States to practice law or appear before the 
courts of that State or territory, or by another duly authorized 
representative. An attorney, or other duly authorized representative, 
who represents a party shall file according to the filing and service 
procedures contained in Sec. Sec.  604.30 and 604.31.
    (b) The parties to the hearing are the respondent(s) named in the 
hearing order, the complainant(s), and FTA, as represented by the PO.
    (c) The parties to the hearing may agree to extend for a reasonable 
period of time the time for filing a document under this part. If the 
parties agree, the PO shall grant one extension of time to

[[Page 1418]]

each party. The party seeking the extension of time shall submit a 
draft order to the PO to be signed by the PO and filed with the hearing 
docket. The PO may grant additional oral requests for an extension of 
time where the parties agree to the extension.
    (d) An extension of time granted by the PO for any reason extends 
the due date for the PO's recommended decision and for the final agency 
decision by the length of time in the PO's extension.


Sec.  604.38  Discovery.

    (a) Permissible forms of discovery shall be within the discretion 
of the PO.
    (b) The PO shall limit the frequency and extent of discovery 
permitted by this section if a party shows that:
    (1) The information requested is cumulative or repetitious;
    (2) The information requested may be obtained from another less 
burdensome and more convenient source;
    (3) The party requesting the information has had ample opportunity 
to obtain the information through other discovery methods permitted 
under this section; or
    (4) The method or scope of discovery requested by the party is 
unduly burdensome or expensive.


Sec.  604.39   Depositions.

    (a) For good cause shown, the PO may order that the testimony of a 
witness may be taken by deposition and that the witness produce 
documentary evidence in connection with such testimony. Generally, an 
order to take the deposition of a witness is entered only if:
    (1) The person whose deposition is to be taken would be unavailable 
at the hearing;
    (2) The deposition is deemed necessary to perpetuate the testimony 
of the witness; or
    (3) The taking of the deposition is necessary to prevent undue and 
excessive expense to a party and will not result in undue burden to 
other parties or in undue delay.
    (b) Any party to the hearing desiring to take the deposition of a 
witness according to the terms set out in this subpart, shall file a 
motion with the PO, with a copy of the motion served on each party. The 
motion shall include:
    (1) The name and residence of the witness;
    (2) The time and place for the taking of the proposed deposition;
    (3) The reasons why such deposition should be taken; and
    (4) A general description of the matters concerning which the 
witness will be asked to testify.
    (c) If good cause is shown in the motion, the PO in his or her 
discretion may issue an order authorizing the deposition and specifying 
the name of the witness to be deposed, the location and time of the 
deposition, and the general scope and subject matter of the testimony 
to be taken.
    (d) Witnesses whose testimony is taken by deposition shall be sworn 
or shall affirm before any questions are put to them. Each question 
propounded shall be recorded and the answers of the witness transcribed 
verbatim. The written transcript shall be subscribed by the witness, 
unless the parties by stipulation waive the signing, or the witness is 
ill, cannot be found, or refuses to sign. The reporter shall note the 
reason for failure to sign.


Sec.  604.40   Public disclosure of evidence.

    (a) Except as provided in this section, the hearing shall be open 
to the public.
    (b) The PO may order that any information contained in the record 
be withheld from public disclosure. Any person may object to disclosure 
of information in the record by filing a written motion to withhold 
specific information with the PO. The person shall state specific 
grounds for nondisclosure in the motion.
    (c) The PO shall grant the motion to withhold information from 
public disclosure if the PO determines that disclosure would be in 
violation of the Privacy Act, would reveal trade secrets or privileged 
or confidential commercial or financial information, or is otherwise 
prohibited by law.


Sec.  604.41   Standard of proof.

    The PO shall issue a recommended decision or shall rule in a 
party's favor only if the decision or ruling is supported by a 
preponderance of the evidence.


Sec.  604.42   Burden of proof.

    (a) The burden of proof of noncompliance with this part, 
determination, or agreement issued under the authority of the Federal 
Transit Laws is on the registered charter provider.
    (b) Except as otherwise provided by statute or rule, the proponent 
of a motion, request, or order has the burden of proof.


Sec.  604.43   Offer of proof.

    A party whose evidence has been excluded by a ruling of the PO, 
during a hearing in which the respondent had an opportunity to respond 
to the offer of proof, may offer the evidence on the record when filing 
an appeal.


Sec.  604.44   Record.

    (a) The transcript of all testimony in the hearing, all exhibits 
received into evidence, all motions, applications requests and rulings, 
and all documents included in the hearing record shall constitute the 
exclusive record for decision in the proceedings and the basis for the 
issuance of any orders.
    (b) Any interested person may examine the record by entering the 
docket number at https://www.regulations.gov or after payment of 
reasonable costs for search and reproduction of the record.


Sec.  604.45   Waiver of procedures.

    (a) The PO shall waive such procedural steps as all parties to the 
hearing agree to waive before issuance of an initial decision.
    (b) Consent to a waiver of any procedural step bars the raising of 
this issue on appeal.
    (c) The parties may not by consent waive the obligation of the PO 
to enter a recommended decision on the record.


Sec.  604.46   Recommended decision by a PO.

    (a) The PO shall issue a recommended decision based on the record 
developed during the proceeding and shall send the recommended decision 
to the Chief Counsel for ratification or modification not later than 
110 days after the referral from the Chief Counsel.
    (b) The Chief Counsel shall ratify or modify the PO's recommended 
decision within 30 days of receiving the recommended decision. The 
Chief Counsel shall serve his or her decision, which is capable of 
being appealed to the Administrator, on all parties to the proceeding.


Sec.  604.47   Remedies.

    (a) If the Chief Counsel determines that a violation of this part 
occurred, he or she may take one or more of the following actions:
    (1) Bar the recipient from receiving future Federal financial 
assistance from FTA;
    (2) Order the withholding of a reasonable percentage of available 
Federal financial assistance; or
    (3) Pursue suspension and debarment of the recipient, its 
employees, or its contractors.
    (b) In determining the type and amount of remedy, the Chief Counsel 
shall consider the following factors:
    (1) The nature and circumstances of the violation;
    (2) The extent and gravity of the violation (``extent of deviation 
from regulatory requirements'');
    (3) The revenue earned (``economic benefit'') by providing the 
charter service;
    (4) The operating budget of the recipient;

[[Page 1419]]

    (5) Such other matters as justice may require; and
    (6) Whether a recipient provided service described in a cease and 
desist order after issuance of such order by the Chief Counsel.
    (c) The Chief Counsel office may mitigate the remedy when the 
recipient can document corrective action of alleged violation. The 
Chief Counsel's decision to mitigate a remedy shall be determined on 
the basis of how much corrective action was taken by the recipient and 
when it was taken. Systemic action to prevent future violations will be 
given greater consideration than action simply to remedy violations 
identified during FTA's inspection or identified in a complaint.
    (d) In the event the Chief Counsel finds a pattern of violations, 
the remedy ordered shall bar a recipient from receiving Federal transit 
assistance in an amount that the Chief Counsel considers appropriate.
    (e) The Chief Counsel may make a decision to withhold Federal 
financial assistance in a lump sum or over a period of time not to 
exceed five years.

Subpart J--Appeal to Administrator and Final Agency Orders


Sec.  604.48   Appeal from Chief Counsel decision.

    (a) Each party adversely affected by the Chief Counsel's office 
decision may file an appeal with the Administrator within 21 days of 
the date of the Chief Counsel's issued his or her decision. Each party 
may file a reply to an appeal within 21 days after it is served on the 
party. Filing and service of appeals and replies shall be by personal 
delivery consistent with Sec. Sec.  604.30 and 604.31.
    (b) If an appeal is filed, the Administrator reviews the entire 
record and issues a final agency decision based on the record that 
either accepts, rejects, or modifies the Chief Counsel's decision 
within 30 days of the due date of the reply. If no appeal is filed, the 
Administrator may take review of the case on his or her own motion. If 
the Administrator finds that the respondent is not in compliance with 
this part, the final agency order shall include a statement of 
corrective action, if appropriate, and identify remedies.
    (c) If no appeal is filed, and the Administrator does not take 
review of the decision by the office on the Administrator's own motion, 
the Chief Counsel's decision shall take effect as the final agency 
decision and order on the twenty-first day after the actual date the 
Chief Counsel's decision was issued.
    (d) The failure to file an appeal is deemed a waiver of any rights 
to seek judicial review of the Chief Counsel's decision that becomes a 
final agency decision by operation of paragraph (c) of this section.


Sec.  604.49   Administrator's discretionary review of the Chief 
Counsel's decision.

    (a) If the Administrator takes review on the Administrator's own 
motion, the Administrator shall issue a notice of review by the twenty-
first day after the actual date of the Chief Counsel's decision that 
contains the specific findings of fact and conclusions of law in the 
decision subject to review by the Administrator.
    (b) Parties may file one brief on review to the Administrator or 
rely on their post-hearing briefs to the Chief Counsel's office. Briefs 
on review shall be filed not later than 10 days after service of the 
notice of review. Filing and service of briefs on review shall be by 
personal delivery consistent with Sec. Sec.  604.30 and 604.31.
    (c) The Administrator shall issue a final agency decision and order 
within 30 days of the due date of the briefs on review. If the 
Administrator finds that the respondent is not in compliance with this 
part, the final agency order shall include a statement of corrective 
action, if appropriate, and identify remedies.
    (d) If the Administrator takes review on the Administrator's own 
motion, the decision of the Chief Counsel is stayed pending a final 
decision by the Administrator.

Subpart K--Judicial Review


Sec.  604.50   Judicial review of a final decision and order.

    (a) A person may seek judicial review in an appropriate United 
States District Court of a final decision and order of the 
Administrator as provided in 5 U.S.C. 701-706. A party seeking judicial 
review of a final decision and order shall file a petition for review 
with the Court not later than 60 days after a final decision and order 
is effective.
    (b) The following do not constitute final decisions and orders 
subject to judicial review:
    (1) FTA's decision to dismiss a complaint as set forth in Sec.  
604.29;
    (2) A recommended decision issued by a PO at the conclusion of a 
hearing; or
    (3) A Chief Counsel decision that becomes the final decision of the 
Administrator because it was not appealed within the stated timeframes.

[FR Doc. 2024-30970 Filed 1-7-25; 8:45 am]
BILLING CODE 4910-57-P`