Agency Information Collection Activity Under OMB Review: Charter Service Operations, 5992-5993 [2024-01794]

Download as PDF 5992 Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Notices greater than, the level that would be achieved absent such exemption. The statutes also allow the Agency to renew exemptions at the end of the 5-year period. FMCSA grants medical exemptions from the FMCSRs for a 2year period to align with the maximum duration of a driver’s medical certification. The physical qualification standard for drivers regarding hearing found in 49 CFR 391.41(b)(11) states that a person is physically qualified to drive a CMV if that person first perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA Standard) Z24.5—1951. This standard was adopted in 1970 and was revised in 1971 to allow drivers to be qualified under this standard while wearing a hearing aid, (35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971), respectively). The 18 individuals listed in this notice have requested renewal of their exemptions from the hearing standard in § 391.41(b)(11), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable 2-year period. khammond on DSKJM1Z7X2PROD with NOTICES III. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b), FMCSA will take immediate steps to revoke the exemption of a driver. IV. Basis for Renewing Exemptions In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 18 applicants has satisfied the renewal conditions for obtaining an exemption from the hearing requirement. The 18 drivers in this notice remain in good standing with the Agency. In addition, for commercial driver’s license (CDL) holders, the Commercial Driver’s License Information System and the Motor Carrier Management Information System VerDate Sep<11>2014 17:23 Jan 29, 2024 Jkt 262001 are searched for crash and violation data. For non-CDL holders, the Agency reviews the driving records from the State Driver’s Licensing Agency. These factors provide an adequate basis for predicting each driver’s ability to continue to safely operate a CMV in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each of these drivers for a period of 2 years is likely to achieve a level of safety equal to that existing without the exemption. In accordance with 49 U.S.C. 31136(e) and 31315(b), the following groups of drivers received renewed exemptions in the month of February and are discussed below. As of February 14, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following eight individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Lucius Fowler (IL) Jared Gunn (IL) Daniel Krystosek (MN) John Malm (IL) Ray Norris (TX) Abel Talamantes (WA) Andrew Tessin (NC) Charles Wirick (MD) The drivers were included in docket numbers FMCSA–2013–0123, FMCSA–2014–0104, FMCSA–2017– 0058, FMCSA–2018–0139, FMCSA– 2019–0111, or FMCSA–2019–0112. Their exemptions are applicable as of February 14, 2024 and will expire on February 14, 2026. As of February 19, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 10 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Wyatt Baldwin (NV) Adam Hayes (CA) Amy Ivins (NE) Bradley Ledford (NE) Adrian Lopez (TX) Jeffrey Schulkers (KY) Mark Tabangcora (CA) Jason Thomas (TX) Joshua Tinley (AZ) Kerri Wright (OK) The drivers were included in docket numbers FMCSA–2016–0003, FMCSA– 2017–0057, or FMCSA–2017–0060. Their exemptions are applicable as of February 19, 2024 and will expire on February 19, 2026. V. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) each PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 driver must report any crashes or accidents as defined in § 390.5T; and (2) report all citations and convictions for disqualifying offenses under 49 CFR parts 383 and 391 to FMCSA; and (3) each driver prohibited from operating a motorcoach or bus with passengers in interstate commerce. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. In addition, the exemption does not exempt the individual from meeting the applicable CDL testing requirements. Each exemption will be valid for 2 years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) the person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b). VI. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VII. Conclusion Based upon its evaluation of the 18 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the hearing requirement in § 391.41(b)(11). In accordance with 49 U.S.C. 31136(e) and 31315(b), each exemption will be valid for 2 years unless revoked earlier by FMCSA. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2024–01801 Filed 1–29–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [FTA Docket No. FTA 2024–0002] Agency Information Collection Activity Under OMB Review: Charter Service Operations Federal Transit Administration, Department of Transportation (DOT). ACTION: Notice of request for comments. AGENCY: In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The SUMMARY: E:\FR\FM\30JAN1.SGM 30JAN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Notices ICR describe the nature of the information collection and their expected burdens for the Charter Service Operations. DATES: Comments must be submitted on or before February 29, 2024. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to https://www.reginfo.gov/ public/do/PRAMain. You can find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. 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 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. 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. FOR FURTHER INFORMATION CONTACT: Tia Swain, Office of Administration, Management Planning Division, 1200 New Jersey Avenue., SE, Mail Stop TAD–10, Washington, DC 20590 (202) 366–0354 or tia.swain@dot.gov. SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), sec. 2, Public Law 104–13, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501–3520), and its implementing regulations, 5 CFR part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 1320.12. On November 15, 2023, FTA published a 60-day notice (88 FR 78456) in the Federal Register soliciting comments on the ICR that the agency was seeking OMB approval. FTA received no comments after issuing this 60-day notice. Accordingly, DOT announces that these information collection activities have been reevaluated and certified under 5 CFR 1320.5(a) and forwarded to OMB for review and approval pursuant to 5 CFR 1320.12(c). Before OMB decides whether to approve these proposed collections of information, it must provide 30 days for VerDate Sep<11>2014 17:23 Jan 29, 2024 Jkt 262001 public comment. 44 U.S.C. 3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 3507 (b)-(c); 5 CFR 1320.12(d); see also 60 FR 44978, 44983. OMB believes that the 30-day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983. Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect. 5 CFR 1320.12(c); see also 60 FR 44983. The summaries below describe the nature of the information collection requirements (ICRs) and the expected burden. The requirements are being submitted for clearance by OMB as required by the PRA. Title: Charter Service Operations. OMB Control Number: 2132–0543 Background: FTA’s Charter Service Regulations protects private charter operators from unauthorized competition from FTA grant recipients. In essence, the charter regulations were implemented to ensure that transit agencies, subsidized with Federal money, do not unfairly compete with privately owned bus companies. Under the charter rules, with limited exceptions, local transit agencies are restricted from operating chartered services. Charter service means, but does not include demand response service to individuals: • 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: Æ A third party pays the transit provider a negotiated price for the group, Æ Any fares charged to individual members of the group are collected by a third party, Æ The service is not part of the transit provider’s regularly scheduled service, or is offered for a limited period of time, or Æ A third party determines the origin and destination of the trip as well as scheduling; or • Transportation provided by a recipient to the public for events or functions that occur on an irregular basis or for a limited duration and: Æ A premium fare is charged that is greater than the usual or customary fixed route fare; or Æ The service is paid for in whole or in part by a third party. PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 5993 There are limited exceptions when a grantee may provide charter service, including: • Official government business, • Qualified Human Service Organizations (elderly, persons with disabilities, and low- income individuals), • When no registered charter provider responds to a notice sent by a recipient, • Leasing (must exhaust all available vehicles first), • By agreement with all registered charter providers, • Petitions to the Administrator: Events of regional or national significance, or hardship. Respondents: Transit Agencies and Private Operators. Estimated Annual Responses: 2,000 respondents. Estimated Total Annual Burden: 359 hours. Frequency: Annually, bi-annually, quarterly, and as required. Nadine Pembleton, Deputy Associate Administrator, Office of Administration. [FR Doc. 2024–01794 Filed 1–29–24; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2022–0058; Notice 2] Polaris Group of America, Inc., Denial of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Denial of petition. AGENCY: Polaris Group of America, Inc., (Polaris), has determined that certain motorcycles manufactured by Indian Motorcycle Company do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Indian Motorcycle Company, on behalf of Polaris, filed an original noncompliance report dated April 13, 2022, and later amended the report on September 9, 2022. Polaris petitioned NHTSA on May 13, 2022, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces the denial of Polaris’s petition. FOR FURTHER INFORMATION CONTACT: Leroy Angeles, Safety Compliance Engineer, Office of Vehicle Safety Compliance, NHTSA, (202) 366–5304. SUMMARY: E:\FR\FM\30JAN1.SGM 30JAN1

Agencies

[Federal Register Volume 89, Number 20 (Tuesday, January 30, 2024)]
[Notices]
[Pages 5992-5993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01794]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[FTA Docket No. FTA 2024-0002]


Agency Information Collection Activity Under OMB Review: Charter 
Service Operations

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

ACTION: Notice of request for comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this 
notice announces that the Information Collection Requirements (ICRs) 
abstracted below have been forwarded to the Office of Management and 
Budget (OMB) for review and comment. The

[[Page 5993]]

ICR describe the nature of the information collection and their 
expected burdens for the Charter Service Operations.

DATES: Comments must be submitted on or before February 29, 2024.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to https://www.reginfo.gov/public/do/PRAMain. You can find 
this particular information collection by selecting ``Currently under 
30-day Review--Open for Public Comments'' or by using the search 
function.
    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 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. 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.

FOR FURTHER INFORMATION CONTACT: Tia Swain, Office of Administration, 
Management Planning Division, 1200 New Jersey Avenue., SE, Mail Stop 
TAD-10, Washington, DC 20590 (202) 366-0354 or [email protected].

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), 
sec. 2, Public Law 104-13, 109 Stat. 163 (1995) (codified as revised at 
44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR part 
1320, require Federal agencies to issue two notices seeking public 
comment on information collection activities before OMB may approve 
paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 
1320.12. On November 15, 2023, FTA published a 60-day notice (88 FR 
78456) in the Federal Register soliciting comments on the ICR that the 
agency was seeking OMB approval. FTA received no comments after issuing 
this 60-day notice. Accordingly, DOT announces that these information 
collection activities have been re-evaluated and certified under 5 CFR 
1320.5(a) and forwarded to OMB for review and approval pursuant to 5 
CFR 1320.12(c).
    Before OMB decides whether to approve these proposed collections of 
information, it must provide 30 days for public comment. 44 U.S.C. 
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or 
disapprove paperwork packages between 30 and 60 days after the 30-day 
notice is published. 44 U.S.C. 3507 (b)-(c); 5 CFR 1320.12(d); see also 
60 FR 44978, 44983. OMB believes that the 30-day notice informs the 
regulated community to file relevant comments and affords the agency 
adequate time to digest public comments before it renders a decision. 
60 FR 44983. Therefore, respondents should submit their respective 
comments to OMB within 30 days of publication to best ensure having 
their full effect. 5 CFR 1320.12(c); see also 60 FR 44983.
    The summaries below describe the nature of the information 
collection requirements (ICRs) and the expected burden. The 
requirements are being submitted for clearance by OMB as required by 
the PRA.
    Title: Charter Service Operations.
    OMB Control Number: 2132-0543
    Background: FTA's Charter Service Regulations protects private 
charter operators from unauthorized competition from FTA grant 
recipients. In essence, the charter regulations were implemented to 
ensure that transit agencies, subsidized with Federal money, do not 
unfairly compete with privately owned bus companies. Under the charter 
rules, with limited exceptions, local transit agencies are restricted 
from operating chartered services. Charter service means, but does not 
include demand response service to individuals:
     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:
    [cir] A third party pays the transit provider a negotiated price 
for the group,
    [cir] Any fares charged to individual members of the group are 
collected by a third party,
    [cir] The service is not part of the transit provider's regularly 
scheduled service, or is offered for a limited period of time, or
    [cir] A third party determines the origin and destination of the 
trip as well as scheduling; or
     Transportation provided by a recipient to the public for 
events or functions that occur on an irregular basis or for a limited 
duration and:
    [cir] A premium fare is charged that is greater than the usual or 
customary fixed route fare; or
    [cir] The service is paid for in whole or in part by a third party.
    There are limited exceptions when a grantee may provide charter 
service, including:
     Official government business,
     Qualified Human Service Organizations (elderly, persons 
with disabilities, and low- income individuals),
     When no registered charter provider responds to a notice 
sent by a recipient,
     Leasing (must exhaust all available vehicles first),
     By agreement with all registered charter providers,
     Petitions to the Administrator: Events of regional or 
national significance, or hardship.
    Respondents: Transit Agencies and Private Operators.
    Estimated Annual Responses: 2,000 respondents.
    Estimated Total Annual Burden: 359 hours.
    Frequency: Annually, bi-annually, quarterly, and as required.

Nadine Pembleton,
Deputy Associate Administrator, Office of Administration.
[FR Doc. 2024-01794 Filed 1-29-24; 8:45 am]
BILLING CODE 4910-57-P

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