82_FR_19041 82 FR 18964 - Notice of Request for Revisions of an Information Collection

82 FR 18964 - Notice of Request for Revisions of an Information Collection

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 82, Issue 77 (April 24, 2017)

Page Range18964-18965
FR Document2017-08148

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Federal Transit Administration (FTA) to request the Office of Management and Budget (OMB) to approve the revisions of the following information collection: Charter Service Operations.

Federal Register, Volume 82 Issue 77 (Monday, April 24, 2017)
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Notices]
[Pages 18964-18965]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08148]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[FTA Docket No. 2017-0009]


Notice of Request for Revisions of an Information Collection

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of request for comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
notice announces the intention of the Federal Transit Administration 
(FTA) to request the Office of Management and Budget (OMB) to approve 
the revisions of the following information collection: Charter Service 
Operations.

DATES: Comments must be submitted before June 23, 2017.

ADDRESSES: To ensure that your comments are not entered more than once 
into the docket, submit comments identified by the docket number by 
only one of the following methods:
    1. Web site: www.regulations.gov. Follow the instructions for 
submitting comments on the U.S. Government electronic docket site. 
(Note: The U.S.

[[Page 18965]]

Department of Transportation's (DOT's) electronic docket is no longer 
accepting electronic comments.) All electronic submissions must be made 
to the U.S. Government electronic docket site at www.regulations.gov. 
Commenters should follow the directions below for mailed and hand-
delivered comments.
    2. Fax: 202-366-7951.
    3. Mail: U.S. Department of Transportation, 1200 New Jersey Avenue 
SE., Docket Operations, M-30, West Building, Ground Floor, Room W12-
140, Washington, DC 20590-0001.
    4. Hand Delivery: U.S. Department of Transportation, 1200 New 
Jersey Avenue SE., Docket Operations, M-30, West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001 between 9:00 a.m. and 
5:00 p.m., Monday through Friday, except federal holidays.
    Instructions: You must include the agency name and docket number 
for this notice at the beginning of your comments. Submit two copies of 
your comments if you submit them by mail. For confirmation that FTA has 
received your comments, include a self-addressed stamped postcard. Note 
that all comments received, including any personal information, will be 
posted and will be available to Internet users, without change, to 
www.regulations.gov. You may review DOT's complete Privacy Act 
Statement in the Federal Register published April 11, 2000, (65 FR 
19477), or you may visit www.regulations.gov.
    Docket: For access to the docket to read background documents and 
comments received, go to www.regulations.gov at any time. Background 
documents and comments received may also be viewed at the U.S. 
Department of Transportation, 1200 New Jersey Avenue SE., Docket 
Operations, M-30, West Building, Ground Floor, Room W12-140, 
Washington, DC 20590-0001 between 9:00 a.m. and 5:00 p.m., Monday 
through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: Bruce Walker, Office of the Chief 
Counsel, (202) 366-9109, or email at [email protected]

SUPPLEMENTARY INFORMATION: Interested parties are invited to send 
comments regarding any aspect of this information collection, 
including: (1) The necessity and utility of the information collection 
for the proper performance of the functions of the FTA; (2) the 
accuracy of the estimated burden; (3) ways to enhance the quality, 
utility, and clarity of the collected information; and (4) ways to 
minimize the collection burden without reducing the quality of the 
collected information. Comments submitted in response to this notice 
will be summarized and/or included in the request for OMB approval of 
this information collection.
    Title: Charter Service Operations.
    (OMB Number: 2132-0543).
    Background: FTA recipients may only provide charter bus service 
with FTA-funded facilities and equipment if the charter service is 
incidental to the provision of transit service (49 U.S.C. 5323(d). This 
restriction protects charter service providers from unauthorized 
competition by FTA recipients.
    The requirements of 49 U.S.C. 5323(d) are implemented in FTA's 
charter regulation (Charter Service Rule) at 49 CFR part 604. Amended 
in 2008, the Charter Service Rule now contains five (5) provisions that 
impose information collection requirements on FTA recipients of 
financial assistance from FTA under Federal Transit Law.
    First, 49 CFR 604.4 requires all applicants for Federal financial 
assistance under Federal Transit Law, unless otherwise exempted under 
49 CFR 604.2, to enter into a ``Charter Service Agreement,'' contained 
in the Certifications and Assurances for FTA Assistance Programs. The 
Certifications and Assurances become a part of the Grant Agreement or 
Cooperative Agreement for Federal financial assistance upon receipt of 
Federal funds. The rule requires each applicant to submit one Charter 
Service Agreement for each year that the applicant intends to apply for 
the Federal financial assistance specified above.
    Second, 49 CFR 604.14(3) requires a recipient of Federal funds 
under Federal Transit Law, unless otherwise exempt, to provide email 
notification to all registered charter providers in the recipient's 
geographic service area each time the recipient receives a request for 
charter service that the recipient is interested in providing.
    Third, 49 CFR 604.12(c) requires a recipient, unless otherwise 
exempt under 49 CFR part 604.2, to submit on a quarterly basis records 
of all instances that the recipient provided charter service.
    Fourth, 49 CFR 604.13 requires a private charter provider to 
register on FTA's Charter Registration Web site at http://ftawebprod.fta.dot.gov/CharterRegistration/ in order to qualify as a 
registered charter service provider and receive email notifications by 
recipients that are interested in providing a requested charter 
service. The rule requires that a registered charter service provider 
must update its information on the Charter Registration Web site at 
least once every two years. Currently, there are a total of 192 
registered private charter service providers. Registration has 
consistently decreased over the years.
    Lastly, 49 CFR 604.7 permits recipients to provide charter service 
to Qualified Human Service Organizations (QHSO) under limited 
circumstances. QHSOs that do not receive Federal funding under programs 
listed in Appendix A to part 604 and seek to receive free or reduced 
rate services from recipients must register on FTA's Charter 
Registration Web site (49 CFR 604.15(a)).
    Respondents: State and local government, business or other for-
profit institutions, and non-profit institutions.
    Estimated Annual Burden on Respondents: 0.05 hours for each of the 
955 Recipient respondents under 49 CFR 604.4, 1.25 hours for each of 
the 114 Recipient respondents under 49 CFR 604.12, 0.50 hours for each 
of the 114 Recipient respondents under 49 CFR 604.14, 0.50 hours for 
each of the 53 non-profit respondents, and 0.50 hours for each of the 
estimated 192 for-profit respondents.
    Estimated Total Annual Burden: 369.7 hours.
    Frequency: Annually, bi-annually, quarterly, and as required.

William Hyre,
Deputy Associate Administrator for Administration.
[FR Doc. 2017-08148 Filed 4-21-17; 8:45 am]
 BILLING CODE P



                                                  18964                          Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices

                                                  has changed the infrastructure                             FTA Response: FTA is aware of the                  Another commenter stated that the
                                                  performance restriction calculation                     short deadline for setting targets;                   calculations can cause transit systems to
                                                  parameter from ‘directional route miles’                however, FTA does not consider it is                  seem in a worse state of repair than is
                                                  to ‘track miles’ in response to these                   unreasonable. Throughout the                          the reality.
                                                  comments. FTA appreciates the                           rulemaking development process, the                     FTA Response: FTA does not agree
                                                  commenter’s statement of support of the                 statutory requirement of a three-month                that the performance restriction
                                                  information contained in Table 5. The                   deadline after the effective date of final            definition or the calculation is flawed.
                                                  tables and templates provided in the                    rule to set performance measure targets               However, FTA has clarified and refined
                                                  guidebook can be used and modified/                     was published and open for comment.                   several parameters in the calculation for
                                                  customized by an agency in the purpose                  Additionally, FTA has clarified that the              clarity, 1—design speed is now full
                                                  of following the requirements. An                       January 1, 2017, deadline for setting                 service speed, 2—directional route
                                                  agency must be sure that if they modify                 initial targets does not include                      miles is now track miles and 3—a
                                                  or customize a template that it does not                mandatory reporting to the NTD.4 FTA                  segment is defined to one hundredth
                                                  conflict with the process outlined in the               recognizes that not all capital items are             (0.01) of a mile in length. FTA believes
                                                  guidebook for calculation of the                        included in a performance measure                     these clarifications, formatting changes
                                                  performance measure.                                    requirement for TAM. However, the                     and additional description of the roles
                                                    Comments: Several commenters                          TAM final rule allows agencies the                    in both TAM metrics and NTD reporting
                                                  requested clarification of the proposed                 flexibility to add additional                         have resolved the issues these
                                                  audience and intent of the guidebook                    performance measures in their TAM                     commenters raised.
                                                  specifically as it relates to NTD                       plans as they deem appropriate and                      FTA has revised each of the
                                                  reporting. Suggested actions include                    useful in the operation, however only                 guidebooks to incorporate
                                                  adding an ‘‘intended audience’’                         the standardized national TAM                         recommendations and edits as noted
                                                  statement and assumed background                        performance measures will be reported                 above. The revised guidebooks are
                                                  information, changing title to reflect                  to the NTD.                                           located at the following Web site:
                                                  more NTD focus, and clarify which are                      Comments: One commenter stated                     www.transit.dot.gov/TAM. FTA
                                                  TAM requirements or NTD                                 concerns about freight considerations                 encourages interested stakeholders to
                                                  requirements. In addition, one                          such as proprietary condition                         review the revised guidebooks in their
                                                  commenter requested guidebook should                    assessments of freight owned track                    entirety. Further assistance and
                                                  clarify that agencies must incorporate                  assets and the non-dedicated nature of                guidance can be found at this Web site.
                                                  more than just NTD reporting into their                 freight shared track and how TAM is
                                                                                                          applicable, lastly that their performance               Issued in Washington, DC, pursuant to
                                                  TAM plans.                                                                                                    authority under 49 CFR 1.91.
                                                                                                          measures be compared to peer agencies
                                                    FTA Response: FTA agrees that the                                                                           Matthew J. Welbes,
                                                                                                          due to their being subject to FRA
                                                  relationship of TAM and NTD                                                                                   Executive Director.
                                                                                                          regulations as a Class 4 railroad.
                                                  requirements should be clarified in the                    FTA Response: The TAM final rule                   [FR Doc. 2017–08143 Filed 4–21–17; 8:45 am]
                                                  guidebook. The TAM final rule                           only applies to assets used in the                    BILLING CODE P
                                                  establishes the performance measures                    provision of public transportation.
                                                  that are reported to the NTD. This                      Freight assets are not considered public
                                                  guidebook describes the standardized                    transportation; however, if an agency                 DEPARTMENT OF TRANSPORTATION
                                                  methodology requirements to calculate                   uses freight asset to provide public
                                                  and report to the NTD. FTA has                          transportation they must include it in                Federal Transit Administration
                                                  addressed these comments with a brief                   their TAM plan and NTD inventory. If                  [FTA Docket No. 2017–0009]
                                                  introduction section describing the                     they have direct capital responsibility
                                                  relationship of TAM requirements and                    (or shared capital responsibility) they               Notice of Request for Revisions of an
                                                  NTD reporting. The guidebook has also                   must report performance restrictions to               Information Collection
                                                  been renamed to ‘‘TAM Infrastructure                    the NTD. The proprietary nature of a
                                                  Performance Measure Reporting                           freight asset may require the agency to               AGENCY:    Federal Transit Administration,
                                                  Guidebook: Performance Restriction                      innovate solutions to determine                       DOT.
                                                  (Slow Zone) Calculation’’ to better                     condition assessments.                                ACTION:   Notice of request for comments.
                                                  describe the document.                                     Comments: Three commenters felt
                                                    Comments: Two commenters                              that the performance restriction                      SUMMARY:    In accordance with the
                                                  provided responses of a general nature                  definition and or calculation were not                Paperwork Reduction Act of 1995, this
                                                  not related to other topical areas. One                 appropriate, adequate or effective. One               notice announces the intention of the
                                                  commenter stated they feel the January                  commenter stated that the performance                 Federal Transit Administration (FTA) to
                                                  31, 2017, deadline for setting targets is               restriction does not necessarily indicate             request the Office of Management and
                                                  too soon, due to having to work with                    poor infrastructure condition (could                  Budget (OMB) to approve the revisions
                                                  multiple freight partners. Another                      also mean maintenance, inspection,                    of the following information collection:
                                                  commenter stated FTA did a very good                    etc.). Another commenter did not feel                 Charter Service Operations.
                                                  job with the guidebooks; they support                   the speed restrictions accurately reflect             DATES: Comments must be submitted
                                                  NTD and MAP–21 requirements very                        condition of the infrastructure, and thus             before June 23, 2017.
                                                  well. One commenter stated a concern                    disagrees with the performance                        ADDRESSES: To ensure that your
                                                  about the performance measure not                       restriction definition. Additionally, they            comments are not entered more than
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  reflecting some of the assets that an                   were concerned that data based on the                 once into the docket, submit comments
                                                  agency invests in heavily, such as                      proposed performance restriction                      identified by the docket number by only
                                                  Positive Train Control (PTC) and                        definition will misconstrue the reality               one of the following methods:
                                                  bridges, since those assets do not                      and lead to irrational requests and                     1. Web site: www.regulations.gov.
                                                  directly impact the performance                         unreasonable funding conditions.                      Follow the instructions for submitting
                                                  restriction which is FTA’s performance                                                                        comments on the U.S. Government
                                                  measure for infrastructure.                               4 https://www.transit.dot.gov/TAM/rulemaking.       electronic docket site. (Note: The U.S.


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                                                                                 Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices                                                  18965

                                                  Department of Transportation’s (DOT’s)                  collected information. Comments                       Web site at least once every two years.
                                                  electronic docket is no longer accepting                submitted in response to this notice will             Currently, there are a total of 192
                                                  electronic comments.) All electronic                    be summarized and/or included in the                  registered private charter service
                                                  submissions must be made to the U.S.                    request for OMB approval of this                      providers. Registration has consistently
                                                  Government electronic docket site at                    information collection.                               decreased over the years.
                                                  www.regulations.gov. Commenters                           Title: Charter Service Operations.                     Lastly, 49 CFR 604.7 permits
                                                  should follow the directions below for                    (OMB Number: 2132–0543).                            recipients to provide charter service to
                                                  mailed and hand-delivered comments.                       Background: FTA recipients may only                 Qualified Human Service Organizations
                                                    2. Fax: 202–366–7951.                                 provide charter bus service with FTA-                 (QHSO) under limited circumstances.
                                                    3. Mail: U.S. Department of                           funded facilities and equipment if the                QHSOs that do not receive Federal
                                                  Transportation, 1200 New Jersey                         charter service is incidental to the                  funding under programs listed in
                                                  Avenue SE., Docket Operations, M–30,                    provision of transit service (49 U.S.C.               Appendix A to part 604 and seek to
                                                  West Building, Ground Floor, Room                       5323(d). This restriction protects charter            receive free or reduced rate services
                                                  W12–140, Washington, DC 20590–0001.                     service providers from unauthorized                   from recipients must register on FTA’s
                                                     4. Hand Delivery: U.S. Department of                 competition by FTA recipients.                        Charter Registration Web site (49 CFR
                                                  Transportation, 1200 New Jersey                           The requirements of 49 U.S.C. 5323(d)               604.15(a)).
                                                  Avenue SE., Docket Operations, M–30,                    are implemented in FTA’s charter                         Respondents: State and local
                                                  West Building, Ground Floor, Room                       regulation (Charter Service Rule) at 49               government, business or other for-profit
                                                  W12–140, Washington, DC 20590–0001                      CFR part 604. Amended in 2008, the
                                                                                                                                                                institutions, and non-profit institutions.
                                                  between 9:00 a.m. and 5:00 p.m.,                        Charter Service Rule now contains five
                                                                                                                                                                  Estimated Annual Burden on
                                                  Monday through Friday, except federal                   (5) provisions that impose information
                                                                                                                                                                Respondents: 0.05 hours for each of the
                                                  holidays.                                               collection requirements on FTA
                                                                                                                                                                955 Recipient respondents under 49
                                                     Instructions: You must include the                   recipients of financial assistance from
                                                                                                                                                                CFR 604.4, 1.25 hours for each of the
                                                  agency name and docket number for this                  FTA under Federal Transit Law.
                                                                                                            First, 49 CFR 604.4 requires all                    114 Recipient respondents under 49
                                                  notice at the beginning of your                                                                               CFR 604.12, 0.50 hours for each of the
                                                  comments. Submit two copies of your                     applicants for Federal financial
                                                                                                          assistance under Federal Transit Law,                 114 Recipient respondents under 49
                                                  comments if you submit them by mail.                                                                          CFR 604.14, 0.50 hours for each of the
                                                  For confirmation that FTA has received                  unless otherwise exempted under 49
                                                                                                          CFR 604.2, to enter into a ‘‘Charter                  53 non-profit respondents, and 0.50
                                                  your comments, include a self-                                                                                hours for each of the estimated 192 for-
                                                  addressed stamped postcard. Note that                   Service Agreement,’’ contained in the
                                                                                                          Certifications and Assurances for FTA                 profit respondents.
                                                  all comments received, including any                                                                            Estimated Total Annual Burden:
                                                  personal information, will be posted                    Assistance Programs. The Certifications
                                                                                                          and Assurances become a part of the                   369.7 hours.
                                                  and will be available to Internet users,                                                                        Frequency: Annually, bi-annually,
                                                  without change, to www.regulations.gov.                 Grant Agreement or Cooperative
                                                                                                          Agreement for Federal financial                       quarterly, and as required.
                                                  You may review DOT’s complete
                                                  Privacy Act Statement in the Federal                    assistance upon receipt of Federal                    William Hyre,
                                                  Register published April 11, 2000, (65                  funds. The rule requires each applicant               Deputy Associate Administrator for
                                                  FR 19477), or you may visit                             to submit one Charter Service                         Administration.
                                                  www.regulations.gov.                                    Agreement for each year that the                      [FR Doc. 2017–08148 Filed 4–21–17; 8:45 am]
                                                     Docket: For access to the docket to                  applicant intends to apply for the                    BILLING CODE P
                                                  read background documents and                           Federal financial assistance specified
                                                  comments received, go to                                above.
                                                                                                            Second, 49 CFR 604.14(3) requires a                 DEPARTMENT OF TRANSPORTATION
                                                  www.regulations.gov at any time.
                                                                                                          recipient of Federal funds under Federal
                                                  Background documents and comments
                                                                                                          Transit Law, unless otherwise exempt,                 Maritime Administration
                                                  received may also be viewed at the U.S.
                                                                                                          to provide email notification to all
                                                  Department of Transportation, 1200                                                                            [Docket No. DOT–MARAD 2017–0076]
                                                                                                          registered charter providers in the
                                                  New Jersey Avenue SE., Docket
                                                                                                          recipient’s geographic service area each              Request for Comments of a Previously
                                                  Operations, M–30, West Building,
                                                                                                          time the recipient receives a request for             Approved Information Collection
                                                  Ground Floor, Room W12–140,
                                                                                                          charter service that the recipient is
                                                  Washington, DC 20590–0001 between                                                                             AGENCY: Maritime Administration
                                                                                                          interested in providing.
                                                  9:00 a.m. and 5:00 p.m., Monday                           Third, 49 CFR 604.12(c) requires a                  (MARAD), Department of
                                                  through Friday, except federal holidays.                recipient, unless otherwise exempt                    Transportation.
                                                  FOR FURTHER INFORMATION CONTACT:                        under 49 CFR part 604.2, to submit on                 ACTION: Notice and request for
                                                  Bruce Walker, Office of the Chief                       a quarterly basis records of all instances            comments.
                                                  Counsel, (202) 366–9109, or email at                    that the recipient provided charter
                                                  Bruce.Walker@dot.gov                                    service.                                              SUMMARY:  In compliance with the
                                                  SUPPLEMENTARY INFORMATION: Interested                     Fourth, 49 CFR 604.13 requires a                    Paperwork Reduction Act of 1995, this
                                                  parties are invited to send comments                    private charter provider to register on               notice announces that the Information
                                                  regarding any aspect of this information                FTA’s Charter Registration Web site at                Collection Request (ICR) abstracted
                                                  collection, including: (1) The necessity                http://ftawebprod.fta.dot.gov/                        below is being forwarded to the Office
                                                  and utility of the information collection               CharterRegistration/ in order to qualify              of Management and Budget (OMB) for
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  for the proper performance of the                       as a registered charter service provider              review and comments. A Federal
                                                  functions of the FTA; (2) the accuracy                  and receive email notifications by                    Register Notice with a 60-day comment
                                                  of the estimated burden; (3) ways to                    recipients that are interested in                     period soliciting comments on the
                                                  enhance the quality, utility, and clarity               providing a requested charter service.                following information collection was
                                                  of the collected information; and (4)                   The rule requires that a registered                   published in the Federal Register on
                                                  ways to minimize the collection burden                  charter service provider must update its              January 19, 2017 (Volume 82, Number
                                                  without reducing the quality of the                     information on the Charter Registration               12; Page 6723).


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Document Created: 2017-04-22 00:11:26
Document Modified: 2017-04-22 00:11:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of request for comments.
DatesComments must be submitted before June 23, 2017.
ContactBruce Walker, Office of the Chief Counsel, (202) 366-9109, or email at [email protected]
FR Citation82 FR 18964 

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