Charter Bus Service 60-Day Notice

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

has changed the infrastructure
performance restriction calculation
parameter from ‘directional route miles’
to ‘track miles’ in response to these
comments. FTA appreciates the
commenter’s statement of support of the
information contained in Table 5. The
tables and templates provided in the
guidebook can be used and modified/
customized by an agency in the purpose
of following the requirements. An
agency must be sure that if they modify
or customize a template that it does not
conflict with the process outlined in the
guidebook for calculation of the
performance measure.
Comments: Several commenters
requested clarification of the proposed
audience and intent of the guidebook
specifically as it relates to NTD
reporting. Suggested actions include
adding an ‘‘intended audience’’
statement and assumed background
information, changing title to reflect
more NTD focus, and clarify which are
TAM requirements or NTD
requirements. In addition, one
commenter requested guidebook should
clarify that agencies must incorporate
more than just NTD reporting into their
TAM plans.
FTA Response: FTA agrees that the
relationship of TAM and NTD
requirements should be clarified in the
guidebook. The TAM final rule
establishes the performance measures
that are reported to the NTD. This
guidebook describes the standardized
methodology requirements to calculate
and report to the NTD. FTA has
addressed these comments with a brief
introduction section describing the
relationship of TAM requirements and
NTD reporting. The guidebook has also
been renamed to ‘‘TAM Infrastructure
Performance Measure Reporting
Guidebook: Performance Restriction
(Slow Zone) Calculation’’ to better
describe the document.
Comments: Two commenters
provided responses of a general nature
not related to other topical areas. One
commenter stated they feel the January
31, 2017, deadline for setting targets is
too soon, due to having to work with
multiple freight partners. Another
commenter stated FTA did a very good
job with the guidebooks; they support
NTD and MAP–21 requirements very
well. One commenter stated a concern
about the performance measure not
reflecting some of the assets that an
agency invests in heavily, such as
Positive Train Control (PTC) and
bridges, since those assets do not
directly impact the performance
restriction which is FTA’s performance
measure for infrastructure.

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FTA Response: FTA is aware of the
short deadline for setting targets;
however, FTA does not consider it is
unreasonable. Throughout the
rulemaking development process, the
statutory requirement of a three-month
deadline after the effective date of final
rule to set performance measure targets
was published and open for comment.
Additionally, FTA has clarified that the
January 1, 2017, deadline for setting
initial targets does not include
mandatory reporting to the NTD.4 FTA
recognizes that not all capital items are
included in a performance measure
requirement for TAM. However, the
TAM final rule allows agencies the
flexibility to add additional
performance measures in their TAM
plans as they deem appropriate and
useful in the operation, however only
the standardized national TAM
performance measures will be reported
to the NTD.
Comments: One commenter stated
concerns about freight considerations
such as proprietary condition
assessments of freight owned track
assets and the non-dedicated nature of
freight shared track and how TAM is
applicable, lastly that their performance
measures be compared to peer agencies
due to their being subject to FRA
regulations as a Class 4 railroad.
FTA Response: The TAM final rule
only applies to assets used in the
provision of public transportation.
Freight assets are not considered public
transportation; however, if an agency
uses freight asset to provide public
transportation they must include it in
their TAM plan and NTD inventory. If
they have direct capital responsibility
(or shared capital responsibility) they
must report performance restrictions to
the NTD. The proprietary nature of a
freight asset may require the agency to
innovate solutions to determine
condition assessments.
Comments: Three commenters felt
that the performance restriction
definition and or calculation were not
appropriate, adequate or effective. One
commenter stated that the performance
restriction does not necessarily indicate
poor infrastructure condition (could
also mean maintenance, inspection,
etc.). Another commenter did not feel
the speed restrictions accurately reflect
condition of the infrastructure, and thus
disagrees with the performance
restriction definition. Additionally, they
were concerned that data based on the
proposed performance restriction
definition will misconstrue the reality
and lead to irrational requests and
unreasonable funding conditions.
4 https://www.transit.dot.gov/TAM/rulemaking.

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Another commenter stated that the
calculations can cause transit systems to
seem in a worse state of repair than is
the reality.
FTA Response: FTA does not agree
that the performance restriction
definition or the calculation is flawed.
However, FTA has clarified and refined
several parameters in the calculation for
clarity, 1—design speed is now full
service speed, 2—directional route
miles is now track miles and 3—a
segment is defined to one hundredth
(0.01) of a mile in length. FTA believes
these clarifications, formatting changes
and additional description of the roles
in both TAM metrics and NTD reporting
have resolved the issues these
commenters raised.
FTA has revised each of the
guidebooks to incorporate
recommendations and edits as noted
above. The revised guidebooks are
located at the following Web site:
www.transit.dot.gov/TAM. FTA
encourages interested stakeholders to
review the revised guidebooks in their
entirety. Further assistance and
guidance can be found at this Web site.
Issued in Washington, DC, pursuant to
authority under 49 CFR 1.91.
Matthew J. Welbes,
Executive Director.
[FR Doc. 2017–08143 Filed 4–21–17; 8:45 am]
BILLING CODE P

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.

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.
SUMMARY:

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jstallworth on DSK7TPTVN1PROD with NOTICES

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

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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 FTAfunded 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

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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 forprofit 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

DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. DOT–MARAD 2017–0076]

Request for Comments of a Previously
Approved Information Collection
Maritime Administration
(MARAD), Department of
Transportation.
ACTION: Notice and request for
comments.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the Information
Collection Request (ICR) abstracted
below is being forwarded to the Office
of Management and Budget (OMB) for
review and comments. A Federal
Register Notice with a 60-day comment
period soliciting comments on the
following information collection was
published in the Federal Register on
January 19, 2017 (Volume 82, Number
12; Page 6723).

SUMMARY:

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