26916 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 

whether the information will have 

practical utility; the accuracy of the 

Department’s estimates of the burden of 

the proposed information collections; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collections of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

A comment to OMB is best assured of 

having its full effect if OMB receives it 

within 30 days of publication of this 

notice in the Federal Register. 

Authority: 44 U.S.C. 3501–3520. 

Issued in Washington, DC, on May 29, 

2009. 

Kimberly Orben, 

Director, Office of Financial Management, 

Federal Railroad Administration. 

[FR Doc. E9–13042 Filed 6–3–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[U.S. DOT Docket Number NHTSA–2009– 

0054] 

Reports, Forms, and Recordkeeping 

Requirements 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Request for public comment on 

proposed collection of information. 

SUMMARY: Before a Federal agency can 

collect certain information from the 

public, it must receive approval from 

the Office of Management and Budget 

(OMB). Under procedures established 

by the Paperwork Reduction Act of 

1995, before seeking OMB approval, 

Federal agencies must solicit public 

comment on proposed collections of 

information, including extensions and 

reinstatement of previously approved 

collections. 

This document describes one 

collection of information for which 

NHTSA intends to seek OMB approval. 

DATES: Comments must be received on 

or before June 15, 2009. 

ADDRESSES: You may submit comments 

[identified by DOT Docket No. NHTSA– 

2009–0054] by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

Telephone: 1–800–647–5527. 

• Fax: 202–493–2251. 

Instructions: All submissions must 

include the agency name and docket 

number for this proposed collection of 

information. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act heading 

below. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. or the street 

address listed above. Follow the online 

instructions for accessing the dockets. 

FOR FURTHER INFORMATION CONTACT: 

Complete copies of each request for 

collection of information may be 

obtained at no charge from Timothy M. 

Pickrell, NHTSA, 1200 New Jersey 

Avenue, SE., W55–204, NVS–421, 

Washington, DC 20590. Mr. Pickrell’s 

telephone number is (202) 366–2903. 

Please identify the relevant collection 

of information by referring to its OMB 

Control Number. 

SUPPLEMENTARY INFORMATION: Under the 

Paperwork Reduction Act of 1995, 

before an agency submits a proposed 

collection of information to OMB for 

approval, it must first publish a 

document in the Federal Register 

providing a 60-day comment period and 

otherwise consult with members of the 

public and affected agencies concerning 

each proposed collection of information. 

The OMB has promulgated regulations 

describing what must be included in 

such a document. Under OMB’s 

regulation (at 5 CFR 1320.8(d), an 

agency must ask for public comment on 

the following: 

(i) Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(ii) The accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information, including the 

validity of the methodology and 

assumptions used; 

(iii) How to enhance the quality, 

utility, and clarity of the information to 

be collected; 

(iv) How to minimize the burden of 

the collection of information on those 

who are to respond, including the use 

of appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g. permitting 

electronic submission of responses. 

In compliance with these 

requirements, NHTSA asks for public 

comments on the following proposed 

collections of information: 

Title: The National Survey on the Use 

of Booster Seats. 

OMB Control Number: 2127–0644. 

Affected Public: Motorists in 

passenger vehicles at gas stations, fast 

food restaurants, and other types of sites 

frequented by children during the time 

in which the survey is conducted. 

Form Number: NHTSA Form 1010. 

Abstract: The National Survey of the 

Use of Booster Seats is being conducted 

to respond to Section 14(i) of the 

Transportation Recall Enhancement, 

Accountability, and Documentation 

(TREAD) Act of 2000. The Act directs 

the Department of Transportation to 

reduce the deaths and injuries among 

children in the 4 to 8 year old age group 

that are caused by failure to use a 

booster seat by 25%. Conducting the 

National Survey of the Use of Booster 

Seats provides the Department with 

invaluable information on who is and is 

not using booster seats, helping the 

Department better direct its outreach 

programs to ensure that children are 

protected to the greatest degree possible 

when they ride in motor vehicles. The 

OMB approval for this survey is 

scheduled to expire on July 31, 2009. 

NHTSA seeks an extension to this 

approval in order to obtain this 

important survey data, saving more 

children and helping to comply with the 

TREAD Act requirement. 

Estimated Annual Burden: 320 hours 

Estimated Number of Respondents: 

Approximately 4,800 adult motorists in 

passenger vehicles at gas stations, fast 

food restaurants, and other types of sites 

frequented by children during the time 

in which the survey is conducted. 

Comments are invited on: whether the 

proposed collection of information is 

necessary for the proper performance of 

the functions of the Department, 

including whether the information will 

have practical utility; the accuracy of 

the Department’s estimate of the burden 

Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 26917 

of the proposed information collection; 

ways to enhance the quality, utility and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Issued on: May 7, 2009. 

Marilena Amoni, 

Associate Administrator, National Center for 

Statistics and Analysis, National Highway 

Traffic Safety Administration, U.S. 

Department of Transportation, 1200 New 

Jersey Avenue, SE., Washington, DC 20590. 

[FR Doc. E9–13076 Filed 6–3–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2009–0106] 

Petition for Declaratory Order by 

Fullington Trailways, LLC 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of petition for 

declaratory order; request for comments. 

SUMMARY: FMCSA invites all interested 

persons to comment on a petition 

submitted by Fullington Trailways, LLC 

(Fullington) for a declaratory order 

requesting that FMCSA find that certain 

regularly scheduled passenger bus 

service provided by Fullington is in 

interstate commerce and not subject to 

the jurisdiction of the Pennsylvania 

Public Utilities Commission. 

DATES: Initial comments are due on or 

before August 3, 2009. In order to allow 

adequate time and notice for 

commenters to prepare reply comments, 

initial comments received after the 

deadline will not be considered. 

Reply comments are due on or before 

September 2, 2009. The Agency will 

only consider reply comments 

responding directly to issues raised in 

the initial round of comments. 

Commenters may not use reply 

comments to raise new issues. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket No. 

FMCSA–2009–0106, by any of the 

following methods. Do not submit the 

same comments by more than one 

method. However, to allow effective 

public participation before the comment 

period deadline, the Agency encourages 

use of the FDMS Web site that is listed 

first. It will provide the most efficient 

and timely method of receiving and 

processing your comments. 

• Federal eRulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

• Fax: 1–202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations (M– 

30), Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

• Courier or in person: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. 

Instructions: All submissions must 

include the Agency name and docket 

number for this regulatory action. Note 

that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. Refer to 

the Privacy Act heading on http:// 

www.regulations.gov for further 

information. 

Public Participation: The FDMS is 

available 24 hours each day, 365 days 

each year. You can find electronic 

submission and retrieval help and 

guidelines under the ‘‘help’’ section of 

the Web site. For confirmation that 

FMCSA received your comments, please 

include a self-addressed, stamped 

envelope or postcard, or print the 

acknowledgement page that appears 

after submitting comments on-line. 

Copies or abstracts of all documents 

referenced in this notice are in the 

Docket No. FMCSA–2009–0106. To read 

background documents or comments 

received in the docket, go to http:// 

www.regulations.gov at any time, or 

visit Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., e.t., Monday through 

Friday, except Federal holidays. All 

comments received before the close of 

business on the comment closing dates 

indicated above will be considered and 

will be available for examination in the 

docket at the above address. Initial 

comments received after the initial 

comment closing date will not be 

considered. 

FOR FURTHER INFORMATION CONTACT: 

Genevieve D. Sapir, (202) 366–7056, 

Office of the Chief Counsel (MC–CCR), 

Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: Fullington 

Trailways, LLC currently provides 

passenger bus service along various 

routes in Pennsylvania. Along two such 

routes, Lewistown to Harrisburg and 

State College to Harrisburg, Fullington 

held intrastate authority from the 

Pennsylvania Public Utilities 

Commission (PPUC) and then 

subsequently obtained interstate 

authority along these same routes from 

the FMCSA. Fullington seeks to 

discontinue early morning service on 

the State College/Harrisburg route and 

raise rates for early morning service on 

the Lewistown/Harrisburg route. A 

regular passenger on Fullington’s routes 

filed a complaint with the PPUC 

opposing these changes. 

The PPUC concluded that, to the 

extent the State College/Harrisburg and 

Lewistown/Harrisburg routes were 

properly characterized as operations in 

interstate commerce under Federal law, 

it did not have jurisdiction over the 

complaint. However, the PPUC further 

concluded that it lacked jurisdiction to 

make this determination and that 

FMCSA had primary jurisdiction to 

determine whether the routes at issue 

were in fact interstate. 

The PPUC instructed Fullington to 

seek a determination from FMCSA on 

the following three issues with respect 

to its State College/Harrisburg and 

Lewistown/Harrisburg routes: (1) 

Whether its operations are within the 

scope of its Federal operating authority; 

(2) whether PPUC regulation as to rates 

and schedules is preempted; and (3) 

whether Fullington’s operations qualify 

as a ‘‘special operation’’ or ‘‘intrastate 

commuter bus operation’’ under 49 

U.S.C. 13902. 

On September 17, 2008, Fullington 

submitted a Petition for Declaratory 

Order to FMCSA seeking a 

determination on these issues. This 

Petition is available for review in the 

docket for this proceeding. Before 

making its determination on the matters 

raised in the Petition, the Agency 

invites public comment on these issues. 

Issued on May 28, 2009. 

Rose A. McMurray, 

Acting Deputy Administrator. 

[FR Doc. E9–13043 Filed 6–3–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Environmental Impact Statement in 

Seattle, WA 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of intent. 

SUMMARY: The FHWA is issuing this 

Notice to advise the public, Tribes, and 

agencies that it intends to prepare a