80_FR_33126 80 FR 33015 - Confidential Business Information Reporting Requirements-BTS' Response to Public Comments

80 FR 33015 - Confidential Business Information Reporting Requirements-BTS' Response to Public Comments

DEPARTMENT OF TRANSPORTATION
Bureau of Transportation Statistics

Federal Register Volume 80, Issue 111 (June 10, 2015)

Page Range33015-33016
FR Document2015-14182

Pursuant to the Department's regulations, certain air carriers are required to file BTS Schedule B-7 (Airframe and Aircraft Engine Acquisitions and Retirements) and Schedule B-43 (Inventory of Airframes and Aircraft Engines). Under the Department's regulations, the Department can withhold confidential business information if release of the confidential information is likely to cause substantial competitive harm to the entity that submitted the information to the Department. The BTS routinely grants, based on the sensitive nature of this cost data, a ten-year confidentiality period. After receiving notification that, upon the expiration of the ten-year confidentiality period, the BTS intended to release the cost data, Airlines for America (A4A), an industry association representing several air carriers, filed an objection to the pending release. A4A claimed that the cost data, although twenty years old, remained sensitive and its release would result in competitive harm. Bloomberg News requested that the Department release the cost data.

Federal Register, Volume 80 Issue 111 (Wednesday, June 10, 2015) 
[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Notices]
[Pages 33015-33016]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14182]



[[Page 33015]]

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DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics

[Docket ID Number DOT-OST-2014-0031]


Confidential Business Information Reporting Requirements--BTS' 
Response to Public Comments

AGENCY: Office of the Assistant Secretary for Research and Technology 
(OST-R), Bureau of Transportation Statistics (BTS), DOT.

ACTION: Response to Public Comments.

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SUMMARY: Pursuant to the Department's regulations, certain air carriers 
are required to file BTS Schedule B-7 (Airframe and Aircraft Engine 
Acquisitions and Retirements) and Schedule B-43 (Inventory of Airframes 
and Aircraft Engines). Under the Department's regulations, the 
Department can withhold confidential business information if release of 
the confidential information is likely to cause substantial competitive 
harm to the entity that submitted the information to the Department. 
The BTS routinely grants, based on the sensitive nature of this cost 
data, a ten-year confidentiality period. After receiving notification 
that, upon the expiration of the ten-year confidentiality period, the 
BTS intended to release the cost data, Airlines for America (A4A), an 
industry association representing several air carriers, filed an 
objection to the pending release. A4A claimed that the cost data, 
although twenty years old, remained sensitive and its release would 
result in competitive harm. Bloomberg News requested that the 
Department release the cost data.

FOR FURTHER INFORMATION CONTACT: Jeff Gorham, Office of Airline 
Information, RTS-42, Room E34, BTS, 1200 New Jersey Avenue SE., 
Washington, DC 20590-0001, Telephone Number (202) 366-4406, Fax Number 
(202) 366-3383 or EMAIL jeff.gorham@dot.gov.

ADDRESSES: You may submit comments identified by DOT Docket ID Number 
DOT-OST-2014-0031 by any of the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov. 
Follow the online instructions for submitting comments.
    Mail: Docket Services: 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.
    Fax: 202-366-3383.
    Instructions: Identify docket number, DOT-OST-2014-0031, at the 
beginning of your comments, and send two copies. To receive 
confirmation that DOT received your comments, include a self-addressed 
stamped postcard. Internet users may access all comments received by 
DOT at http://www.regulations.gov. All comments are posted 
electronically without charge or edits, including any personal 
information provided.
    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.
    Electronic Access: You may access comments received for this notice 
at http://www.regulations.gov, by searching docket DOT-OST-2014-0031.

SUPPLEMENTARY INFORMATION: Pursuant to 14 CFR part 241, certain air 
carriers are required to file BTS Schedule B-7 (Airframe and Aircraft 
Engine Acquisitions and Retirements) and Schedule B-43 (Inventory of 
Airframes and Aircraft Engines). These schedules contain cost data 
concerning airframes and aircraft engines. In previous confidentiality 
requests, UPS and United requested and the Department granted a ten-
year period of confidentiality for the cost data reported on the Form 
41, Schedules B-7 and B-43.
    Prior to the expiration of the twenty-year period, BTS informed 
twelve air carriers that, at the close of the twenty-year period 
(October 1, 2014), the agency intended to release the information. 
Airline for America (A4A) on behalf of its members, filed objections to 
the release (see OST Docket No. 2014-0031). A4A claims that the 
information, although twenty years old, is so sensitive that each 
company would suffer ``competitive harm'' if the BTS releases the 
information.
    In its objection, A4A maintains that the information is still 
``commercially sensitive'' based on three main points: (1) Disclosure 
of the data diminishes competition among the major aircraft 
manufacturers; engine manufacturers, and new and used aircraft owners 
and lessors who can use the commercially sensitive data to closely 
track each other's acquisition and retirement costs; (2) disclosure of 
the data impairs competition among competing domestic and foreign 
airlines in the international arena, because United States airlines are 
required to reveal major elements of their cost structures when their 
foreign competitors are not; and (3) the Department does not use this 
data to support any policy initiatives.
    In addition, the Department determined that withholding the 
information under Exemptions 3 and 4 of the Freedom of Information Act 
(FOIA) (See 5 U.S.C. 552(b)(3) and 4)). Exemption 3 allows the 
withholding of information if the disclosure is prohibited by another 
statute and the statute either: ``(A) requires that the matters be 
withheld from the public in such a manner as to leave no discretion on 
the issue, or (B) establishes particular criteria for withholding or 
refers to particular types of matters to be withheld;'' (see 5 U.S.C. 
552(b)(3)). The Department determined that a provision in the United 
States Code (see 49 U.S.C. 40115) qualifies as an Exemption 3 statute 
in that the statute allows the Department to order certain information 
withheld from public disclosure if the disclosure would ``have an 
adverse effect on the competitive position of an air carrier in foreign 
air transportation.'' (See 49 U.S.C. 40115(a)(2)(B)).
    In light of its objections, A4A requested that ``the Department 
cease collecting the information because it serves no useful purpose, 
is burdensome to report and competitively sensitive or at the very 
least continue to afford confidential treatment to Form 41, Schedules 
B-7 and B-43 and that such confidential treatment be continued 
indefinitely or, at a minimum, for an additional ten year period.
    Bloomberg News, in a letter dated April 13, 2015 stated the 
information at issue is now 20 years old. Given the passage of time, 
any interest in keeping the data confidential has presumably lessened. 
Disclosure of cost data after 20 years would seem to achieve a 
reasonable balance between transparency and maintaining the 
confidentiality of potentially sensitive commercial information.
    Based on the comments received, the BTS will grant an additional 10 
year confidentiality period while seeking regulatory language to delete 
the requirement for collecting airframe and engine cost data.


[[Page 33016]]


    Issued in Washington, DC on June 3, 2015.
William Chadwick, Jr.,
Director, Office of Airline Information, Bureau of Transportation 
Statistics.
[FR Doc. 2015-14182 Filed 6-9-15; 8:45 am]
 BILLING CODE 4910-9X-P

Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices 33015 DEPARTMENT OF TRANSPORTATION Fax: 202–366–3383. and new and used aircraft owners and Instructions: Identify docket number, lessors who can use the commercially Bureau of Transportation Statistics DOT–OST–2014–0031, at the beginning sensitive data to closely track each [Docket ID Number DOT–OST–2014–0031] of your comments, and send two copies. other’s acquisition and retirement costs; To receive confirmation that DOT (2) disclosure of the data impairs Confidential Business Information received your comments, include a self- competition among competing domestic Reporting Requirements—BTS’ addressed stamped postcard. Internet and foreign airlines in the international Response to Public Comments users may access all comments received arena, because United States airlines are by DOT at http://www.regulations.gov. required to reveal major elements of AGENCY: Office of the Assistant All comments are posted electronically Secretary for Research and Technology their cost structures when their foreign without charge or edits, including any competitors are not; and (3) the (OST–R), Bureau of Transportation personal information provided. Statistics (BTS), DOT. Department does not use this data to Privacy Act: Anyone is able to search support any policy initiatives. ACTION: Response to Public Comments. the electronic form of all comments received into any of our dockets by the In addition, the Department SUMMARY: Pursuant to the Department’s determined that withholding the regulations, certain air carriers are name of the individual submitting the comment (or signing the comment, if information under Exemptions 3 and 4 required to file BTS Schedule B–7 of the Freedom of Information Act (Airframe and Aircraft Engine submitted on behalf of an association, business, labor union, etc.). You may (FOIA) (See 5 U.S.C. 552(b)(3) and 4)). Acquisitions and Retirements) and Exemption 3 allows the withholding of Schedule B–43 (Inventory of Airframes review DOT’s complete Privacy Act Statement in the Federal Register information if the disclosure is and Aircraft Engines). Under the prohibited by another statute and the Department’s regulations, the published on April 11, 2000 (65 FR 19477–78) or you may visit http:// statute either: ‘‘(A) requires that the Department can withhold confidential DocketInfo.dot.gov. matters be withheld from the public in business information if release of the Docket: For access to the docket to such a manner as to leave no discretion confidential information is likely to cause substantial competitive harm to read background documents or on the issue, or (B) establishes particular the entity that submitted the comments received, go to http:// criteria for withholding or refers to information to the Department. The BTS www.regulations.gov. or the street particular types of matters to be routinely grants, based on the sensitive address listed above. Follow the online withheld;’’ (see 5 U.S.C. 552(b)(3)). The nature of this cost data, a ten-year instructions for accessing the dockets. Department determined that a provision confidentiality period. After receiving Electronic Access: You may access in the United States Code (see 49 U.S.C. notification that, upon the expiration of comments received for this notice at 40115) qualifies as an Exemption 3 the ten-year confidentiality period, the http://www.regulations.gov, by statute in that the statute allows the BTS intended to release the cost data, searching docket DOT–OST–2014–0031. Department to order certain information Airlines for America (A4A), an industry SUPPLEMENTARY INFORMATION: Pursuant withheld from public disclosure if the association representing several air to 14 CFR part 241, certain air carriers disclosure would ‘‘have an adverse carriers, filed an objection to the are required to file BTS Schedule B–7 effect on the competitive position of an pending release. A4A claimed that the (Airframe and Aircraft Engine air carrier in foreign air transportation.’’ cost data, although twenty years old, Acquisitions and Retirements) and (See 49 U.S.C. 40115(a)(2)(B)). remained sensitive and its release Schedule B–43 (Inventory of Airframes In light of its objections, A4A would result in competitive harm. and Aircraft Engines). These schedules requested that ‘‘the Department cease Bloomberg News requested that the contain cost data concerning airframes collecting the information because it Department release the cost data. and aircraft engines. In previous serves no useful purpose, is burdensome FOR FURTHER INFORMATION CONTACT: Jeff confidentiality requests, UPS and to report and competitively sensitive or Gorham, Office of Airline Information, United requested and the Department at the very least continue to afford RTS–42, Room E34, BTS, 1200 New granted a ten-year period of confidential treatment to Form 41, Jersey Avenue SE., Washington, DC confidentiality for the cost data reported Schedules B–7 and B–43 and that such 20590–0001, Telephone Number (202) on the Form 41, Schedules B–7 and B– confidential treatment be continued 366–4406, Fax Number (202) 366–3383 43. indefinitely or, at a minimum, for an or EMAIL jeff.gorham@dot.gov. Prior to the expiration of the twenty- additional ten year period. ADDRESSES: You may submit comments year period, BTS informed twelve air Bloomberg News, in a letter dated identified by DOT Docket ID Number carriers that, at the close of the twenty- April 13, 2015 stated the information at DOT–OST–2014–0031 by any of the year period (October 1, 2014), the issue is now 20 years old. Given the following methods: agency intended to release the passage of time, any interest in keeping Federal eRulemaking Portal: Go to information. Airline for America (A4A) on behalf of its members, filed the data confidential has presumably http://www.regulations.gov. Follow the lessened. Disclosure of cost data after 20 online instructions for submitting objections to the release (see OST Docket No. 2014–0031). A4A claims that years would seem to achieve a comments. reasonable balance between Mail: Docket Services: U.S. the information, although twenty years old, is so sensitive that each company transparency and maintaining the Department of Transportation, 1200 asabaliauskas on DSK5VPTVN1PROD with NOTICES would suffer ‘‘competitive harm’’ if the confidentiality of potentially sensitive New Jersey Avenue SE., West Building BTS releases the information. commercial information. Ground Floor, Room W12–140, Washington, DC 20590–0001. In its objection, A4A maintains that Based on the comments received, the Hand Delivery or Courier: West the information is still ‘‘commercially BTS will grant an additional 10 year Building Ground Floor, Room W12–140, sensitive’’ based on three main points: confidentiality period while seeking 1200 New Jersey Avenue SE., between (1) Disclosure of the data diminishes regulatory language to delete the 9 a.m. and 5 p.m. ET, Monday through competition among the major aircraft requirement for collecting airframe and Friday, except Federal holidays. manufacturers; engine manufacturers, engine cost data. VerDate Sep<11>2014 16:46 Jun 09, 2015 Jkt 235001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1

33016 Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices Issued in Washington, DC on June 3, 2015. FOR FURTHER INFORMATION CONTACT: The Act also instructed each OMWI William Chadwick, Jr., OCC: Joyce Cofield, Executive Director to develop standards for Director, Office of Airline Information, Director, Office of Minority and Women assessing the diversity policies and Bureau of Transportation Statistics. Inclusion, at (202) 649–6460 or Karen practices of entities regulated by the [FR Doc. 2015–14182 Filed 6–9–15; 8:45 am] McSweeney, Counsel, Law Department, Agency. To facilitate the use of these BILLING CODE 4910–9X–P at (202) 649–6295, TDD/TTY (202) 649– standards by regulated entities that are 5597, Office of the Comptroller of the subject to the regulations of more than Currency, 400 7th Street SW., one Agency, the Agencies worked DEPARTMENT OF THE TREASURY Washington, DC 20219. together to develop joint standards and BOARD: Sheila Clark, Director, Office issue this Final Interagency Policy Office of the Comptroller of the of Diversity and Inclusion, at (202) 452– Statement (Policy Statement). Currency 2883, Katherine Wheatley, Associate Prior to drafting these standards, the General Counsel, Legal Division, at OMWI Directors held a series of [Docket ID OCC–2013–0014] (202) 452–3779, or Alye Foster, Senior roundtable discussions and BOARD OF GOVERNORS OF THE Special Counsel, Legal Division, at (202) teleconferences with representatives of a FEDERAL RESERVE SYSTEM 452–5289. variety of regulated entities, including FDIC: Segundo Pereira, Director, depository institutions, holding [Docket No. OP–1465] Office of Minority and Women companies, and industry trade groups, Inclusion, (703) 562–6090; Melodee to solicit their views on appropriate FEDERAL DEPOSIT INSURANCE Brooks, Senior Deputy Director, Office standards and to learn about the CORPORATION of Minority and Women Inclusion, (703) successes and challenges of existing 562–6090; or Robert Lee, Counsel, Legal diversity policies and programs. In NATIONAL CREDIT UNION Division, (703) 562–2020, Federal addition, the OMWI Directors met with ADMINISTRATION Deposit Insurance Corporation, 550 17th financial professionals, consumer Street NW., Washington, DC 20429– advocates, and community BUREAU OF CONSUMER FINANCIAL 0002. representatives to gain a greater PROTECTION NCUA: Wendy A. Angus, Acting understanding of the issues confronting Director, Office of Minority and Women minorities and women in obtaining SECURITIES AND EXCHANGE Inclusion at (703) 518–1650, Cynthia employment and business opportunities COMMISSION Vaughn, Diversity Outreach Program within the financial services industry. [Release No. 34–75050; File No. S7–10–15] Analyst, Office of Minority and Women The information and feedback provided Inclusion, at (703) 518–1650, or Regina during these outreach sessions guided Final Interagency Policy Statement Metz, Staff Attorney, Office of General the development of these standards. Establishing Joint Standards for Counsel, at (703) 518–6540, National Assessing the Diversity Policies and Credit Union Administration, 1775 II. Proposed Policy Statement Practices of Entities Regulated by the Duke Street, Alexandria, VA 22314. On October 25, 2013, the Agencies Agencies CFPB: Stuart Ishimaru, Director, published a Notice in the Federal Office of Minority and Women Register requesting comment on a AGENCIES: Office of the Comptroller of Inclusion, at (202) 435–9012, or Stephen the Currency (OCC); Board of Governors ‘‘Proposed Interagency Policy Statement VanMeter, Deputy General Counsel, Establishing Joint Standards for of the Federal Reserve System (Board); Legal Division at (202) 435–7319, Federal Deposit Insurance Corporation Assessing the Diversity Policies and Bureau of Consumer Financial Practices of Entities Regulated by the (FDIC); National Credit Union Protection, 1700 G Street NW., Administration (NCUA); Bureau of Agencies’’ (Proposal).2 The comment Washington, DC 20552. period on the Proposal was scheduled to Consumer Financial Protection (CFPB); SEC: Pamela A. Gibbs, Director, Office and Securities and Exchange close on December 24, 2013, but in of Minority and Women Inclusion, (202) response to requests from members of Commission (SEC). 551–6046, or Audrey B. Little, Senior the public, the Agencies extended it to ACTION: Notice of final interagency Counsel, Office of Minority and Women February 7, 2014.3 policy statement; request for comments Inclusion, (202) 551–6086, Securities The Proposal set out standards for on proposed collection of information. and Exchange Commission, 100 F Street assessing an entity’s diversity policies SUMMARY: The OCC, Board, FDIC, NE., Washington, DC 20549. and practices in the following areas: NCUA, CFPB, and SEC are issuing a SUPPLEMENTARY INFORMATION: Organizational Commitment to Diversity final interagency policy statement and Inclusion; Workforce Profile and I. Background establishing joint standards for assessing Employment Practices; Procurement the diversity policies and practices of Section 342 of the Dodd-Frank Wall and Business Practices—Supplier the entities they regulate, as required by Street Reform and Consumer Protection Diversity; and Practices to Promote the Dodd-Frank Wall Street Reform and Act of 2010 (Dodd-Frank Act or Act) Transparency of Organizational Consumer Protection Act of 2010. required the OCC, Board, FDIC, NCUA, Diversity and Inclusion. These proposed CFPB, and SEC (each, an Agency and standards reflected the leading policies DATES: The final interagency policy collectively, the Agencies) to each and practices for advancing workforce statement is effective on June 10, 2015. asabaliauskas on DSK5VPTVN1PROD with NOTICES establish an Office of Minority and and supplier diversity. The agencies are soliciting comments Women Inclusion (OMWI) to be The Proposal also explained the only on the collection of information. responsible for all matters of the Agency Agencies’ approach to assessments, Comments must be submitted on or relating to diversity in management, before August 10, 2015. The effective employment, and business activities.1 Banks also have established an OMWI, but only the date of the collection of information will federal financial agencies with regulated entities be announced in the Federal Register 1 Section 342 of the Act is codified at 12 U.S.C. have joined in issuing this Policy Statement. following Office of Management and 5452. The Department of Treasury, the Federal 2 78 FR 64052. Budget (OMB) approval. Housing Finance Agency, and the Federal Reserve 3 78 FR 77792. VerDate Sep<11>2014 16:46 Jun 09, 2015 Jkt 235001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1


Document Created: 2015-12-15 15:17:10
Document Modified: 2015-12-15 15:17:10
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
ActionResponse to Public Comments.
ContactJeff Gorham, Office of Airline Information, RTS-42, Room E34, BTS, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, Telephone Number (202) 366-4406, Fax Number (202) 366-3383 or EMAIL [email protected]
FR Citation80 FR 33015 
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