Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Proposed Rules 30499 

1Federal Transit Administration, Notice of 

Proposed Rulemaking on School Bus Operations, 73 

FR 68375 (Nov. 18, 2008). 

2Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users 

(SAFETEA–LU) sec. 3023, 49 U.S.C. 5323(f) (2006). 3 531 F.Supp.2d 494 (W.D.N.Y. 2008). 

(h)(1) When the Contractor anticipates 

awarding a subcontract for which consent is 

required under FAR clause 52.244–2, 

Subcontracts, the subcontract is subject to 

vetting. The prospective subcontractor must 

submit a USAID Partner Information Form, 

USAID Form 500–13, to the vetting official 

identified in paragraph (d) of this clause. The 

contracting officer must not consent to award 

of a subcontract to any organization that has 

not passed vetting when required. 

(2) In addition, prospective subcontractors 

at any tier providing the following classes of 

items (supplies and services): 

lllllllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

must pass vetting. Contractors must not place 

subcontracts for these classes of items until 

they receive confirmation from the vetting 

official that the prospective subcontractor has 

passed vetting. 

(i) The Contractor agrees to incorporate the 

substance of this clause in all subcontracts 

under this contract. 

Maureen A. Shauket, 

Director, Office of Acquisition and Assistance, 

U.S. Agency for International Development. 

[FR Doc. E9–15012 Filed 6–25–09; 8:45 am] 

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DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 605 

[Docket No. FTA–2008–0044] 

RIN 2132–AB00 

School Bus Operations 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of proposed rulemaking; 

withdrawal. 

SUMMARY: The Federal Transit 

Administration (FTA) hereby withdraws 

a notice of proposed rulemaking 

(NPRM) regarding school bus operations 

published in the Federal Register on 

November 18, 2008. FTA has 

determined that withdrawal of the 

NPRM is appropriate in consideration of 

public misperceptions with FTA’s 

regulatory proposal. 

DATES: Effective Date: The proposed 

rule, published on November 18, 2008 

(73 FR 68375), is withdrawn as of June 

26, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Michael L. Culotta, Attorney, Office of 

Chief Counsel, Federal Transit 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., East Building-5th Floor, 

Washington, DC 20590. E-mail: 

Michael.Culotta@dot.gov. Telephone: 

(202) 366–1936. Facsimile: (202) 366– 

3809. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 18, 2008, FTA issued a 

Notice of Proposed Rulemaking (NPRM) 

to amend its school bus operations 

regulations at 49 CFR part 605.1 FTA 

issued the NPRM to make the 

regulations consistent with the changes 

to the Agency’s authorization statute, 49 

U.S.C. 5323(f), as amended by Section 

3023(f) of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA– 

LU); 2 to provide clarification about the 

regulations in the context of the recent 

decision by the U.S. District Court for 

the Western District of New York in 

Rochester-Genesee Regional 

Transportation Authority v. HynesCherin; 3 and generally, to update the 

regulation based on experience and 

industry practice. Through the NPRM, 

FTA intended to provide its grantees 

with a regulatory basis which would 

allow them to continue to provide the 

service that FTA historically has 

allowed through administrative 

adjudications, while simultaneously 

satisfying the statutory requirements of 

49 U.S.C. 5323(f). 

The comment period for the NPRM 

closed on February 18, 2009. FTA has 

received and considered all 233 written 

comments in response to the NPRM. 

Although FTA received a good deal of 

support for the NPRM, many 

commenters opposed it. Generally, 

critics of the NPRM believed that FTA 

was attempting to restrict opportunities 

for its grantees to provide 

transportation, when in fact, FTA was 

attempting to allow its grantees to 

provide service it historically has 

allowed. FTA finds, moreover, that 

many commenters misunderstood FTA’s 

objectives to rectify a significantly 

outdated regulatory scheme. 

The Withdrawal 

In consideration of the foregoing, FTA 

hereby withdraws its NPRM on school 

bus operations for FTA Docket Number 

FTA–2008–0044, as published in the 

Federal Register on November 18, 2008 

(73 FR 68375). FTA will revisit the 

issues addressed in the NPRM in the 

near future. 

Issued in Washington, DC, on this 23rd day 

of June 2009. 

Peter M. Rogoff, 

Administrator. 

[FR Doc. E9–15346 Filed 6–24–09; 4:15 pm] 

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