81_FR_15844 81 FR 15787 - Extension of a Previously Approved Collection: Public Charters

81 FR 15787 - Extension of a Previously Approved Collection: Public Charters

DEPARTMENT OF TRANSPORTATION
Office of the Secretary

Federal Register Volume 81, Issue 57 (March 24, 2016)

Page Range15787-15788
FR Document2016-06661

In compliance with the Paperwork Reduction Act of 1995, Public Law 104-13, the Department of Transportation (DOT) invites the general public, industry and other governmental parties to comment on Public Charters, 14 CFR part 380. The pre-existing information collection request was previously approved by the Office of Management and Budget (OMB).

Federal Register, Volume 81 Issue 57 (Thursday, March 24, 2016)
[Federal Register Volume 81, Number 57 (Thursday, March 24, 2016)]
[Notices]
[Pages 15787-15788]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06661]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2016-0023]


Extension of a Previously Approved Collection: Public Charters

AGENCY: Office of the Secretary, DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, Public 
Law 104-13, the Department of Transportation (DOT) invites the general 
public, industry and other governmental parties to comment on Public 
Charters, 14 CFR part 380. The pre-existing information collection 
request was previously approved by the Office of Management and Budget 
(OMB).

DATES: Written comments should be submitted by May 23, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Reather Flemmings (202-366-1865) 
and Mr. Brett Kruger (202-366-8025), Office of the Secretary, Office of 
International Aviation, Special Authorities Division-X46, 1200 New 
Jersey Ave. SE., Washington, DC 20590.

ADDRESSES: You may submit comments [identified by DOT-DMS Docket No. 
DOT-OST-2016-0023] through one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail or Hand Delivery: Docket Management Facility, U.S. 
Department of Transportation, 1200 New Jersey Ave. SE., West Building, 
Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday 
through Friday, except on Federal holidays.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 2106-0005.
    Title: Public Charters, 14 CFR part 380.
    Form Numbers: 4532, 4533, 4534, 4535.
    Type of Review: Extension of a Previously Approved Collection: The 
current OMB inventory has not changed.
    Abstract: 14 CFR part 380 establishes regulations embodying the 
Department's terms and conditions for Public Charter operators to 
conduct air transportation using direct air carriers. Public Charter 
operators arrange transportation for groups of people on chartered 
aircraft. This arrangement is often less expensive for the travelers 
than individually buying a ticket. Part 380 exempts charter operators 
from certain provisions of the U.S. code in order that they may provide 
this service. A primary goal of Part 380 is to seek protection for the 
consumer. Accordingly, the rule stipulates that the charter operator 
must file evidence (a prospectus--consisting of OST Forms 4532, 4533, 
4534, 4535, and supporting financial documents) with the Department for 
each charter program certifying that it has entered into a binding 
contract with a direct air carrier to provide air transportation and 
that it has also entered into agreements with Department-approved 
financial institutions for the protection of charter participants' 
funds. The prospectus must be approved by the Department prior to the 
operator's advertising, selling or operating the charter. If the 
prospectus information were not collected it would be extremely 
difficult to assure compliance with agency rules and to assure that 
public security and other consumer protection requirements were in 
place for the traveling public. The information collected is available 
for public inspection (unless the respondent specifically requests 
confidential treatment). Part 380 does not provide any assurances of 
confidentiality.
    As an additional matter, the Department's Office of Aviation 
Enforcement and Proceedings has the authority to pursue or not to 
pursue enforcement action against airlines or other sellers of air 
transportation with respect to air travel consumer

[[Page 15788]]

protection. As a matter of enforcement policy, the Office of Aviation 
Enforcement and Proceedings will not take action against Public Charter 
applicants (including public charter operators, direct air carriers and 
securers) that do not submit an original and two copies of a charter 
prospectus so long as (1) the Public Charter applicant submits fully 
completed and signed electronic copies of the original documents of OST 
Forms 4532, 4533, 4534, and, if applicable, 4535 (including 
signatures); and (2) the Public Charter applicant continues to submit 
original financial documents such as Letters of Credit, Surety Trust 
Agreements, and Surety Bonds.
    Burden Statement: Completion of all forms in a prospectus can be 
accomplished in approximately two hours (30 minutes per form) for new 
filers and one hour for amendments (existing filings). The forms are 
simplified and request only basic information about the proposed 
programs and the private sector filer. The respondent can submit a 
filing to operate for up to one year and include as many flights as 
desired, in most cases. If an operator chooses to make changes to a 
previously approved charter operation, then the operator is required by 
regulations to file revisions to its original prospectus.
    Respondents: Private Sector: Air carriers; tour operators; the 
general public (including groups and individuals, corporations and 
Universities or Colleges, etc.).
    Number of Respondents: 245.
    Number of Responses: 1,782.
    Total Annual Burden: 891.

Frequency of Responses

245 (respondents) x 4 = 980
401 (amendments from the same respondents) x 2 = 802
Total estimated responses: 980 + 802 = 1,782

    The frequency of response is dependent upon whether the operator is 
requesting a new program or amending an existing prospectus. Variations 
occur due to the respondents' criteria. On average four responses 
(forms 4532, 4533, 4534 and/or 4535) are required for filing new 
prospectuses and two of the responses (forms) are required for 
amendments. The separate hour burden estimate is as follows:
    Total Annual Burden: 891 hours.

Approximately 1,782 (responses) x 0.50 (per form) = 891

    Public Comments Invited: (a) 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; (b) the accuracy of the Department's estimate of the burden of 
the proposed information collection; (c) ways to enhance the quality, 
utility and clarity of the information collection; and (d) ways to 
minimize the burden of the collection of information on respondents, by 
the use of electronic means, including the use of automated collection 
techniques or other forms of information technology. All responses to 
this notice will be summarized and included in the request for OMB 
approval. All comments will also become a matter of public record.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C. 
Chapter 35, as amended; and 49 CFR 1.48.

    Issued in Washington, DC, on March 18, 2016.
Jeffrey B. Gaynes,
Assistant Director for Regulatory Affairs.
[FR Doc. 2016-06661 Filed 3-23-16; 8:45 am]
BILLING CODE 4910-9X-P



                                                                                 Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Notices                                            15787

                                                    procedures on each vehicle; (2)                         conformance with the performance                         • Fax: 1–202–493–2251.
                                                    inspection, maintenance, marking, and                   standards in the HMR.                                    • Mail or Hand Delivery: Docket
                                                    testing requirements for the cargo tank                   (3) Each meter prover must                          Management Facility, U.S. Department
                                                    discharge system, including delivery                    successfully complete the test and                    of Transportation, 1200 New Jersey Ave.
                                                    hose assemblies; and (3) requirements                   inspection and must be marked in                      SE., West Building, Room W12–140,
                                                    for emergency discharge control                         accordance with §§ 180.415(b) and                     Washington, DC 20590, between 9 a.m.
                                                    equipment on certain cargo tank motor                   173.5a.                                               and 5 p.m., Monday through Friday,
                                                    vehicles transporting liquefied                           (4) Each owner must retain a record                 except on Federal holidays.
                                                    compressed gases that must be installed                 of the most recent visual inspection and              SUPPLEMENTARY INFORMATION:
                                                    and certified by a Registered Inspector.                pressure test until the meter prover is                  OMB Control Number: 2106–0005.
                                                      Affected Public: Carriers in liquefied                requalified.                                             Title: Public Charters, 14 CFR part
                                                    compressed gas service, manufacturers                     Affected Public: Owners of meter
                                                                                                                                                                  380.
                                                    and repairers.                                          provers used to measure liquid
                                                                                                                                                                     Form Numbers: 4532, 4533, 4534,
                                                      Annual Reporting and Recordkeeping                    hazardous materials flow into bulk
                                                                                                                                                                  4535.
                                                    Burden:                                                 packagings such as cargo tanks and
                                                                                                                                                                     Type of Review: Extension of a
                                                      Number of Respondents: 6,958.                         portable tanks.
                                                                                                                                                                  Previously Approved Collection: The
                                                      Total Annual Responses: 920,538.                        Annual Reporting and Recordkeeping
                                                      Total Annual Burden Hours: 200,914.                                                                         current OMB inventory has not
                                                                                                            Burden:
                                                      Frequency of collection: On occasion.                   Number of Respondents: 50.                          changed.
                                                      Title: Inspection and Testing of Meter                  Total Annual Responses: 250.                           Abstract: 14 CFR part 380 establishes
                                                    Provers.                                                  Total Annual Burden Hours: 175.                     regulations embodying the Department’s
                                                      OMB Control Number: 2137–0620.                          Frequency of collection: On occasion.               terms and conditions for Public Charter
                                                      Summary: This information collection                    Signed in Washington, DC, on March 18,
                                                                                                                                                                  operators to conduct air transportation
                                                    and recordkeeping burden results from                   2016.                                                 using direct air carriers. Public Charter
                                                    the requirements pertaining to the use,                 William S. Schoonover,
                                                                                                                                                                  operators arrange transportation for
                                                    inspection, and maintenance of                                                                                groups of people on chartered aircraft.
                                                                                                            Deputy Associate Administrator, Pipeline and
                                                    mechanical displacement meter provers                   Hazardous Materials Safety Administration.
                                                                                                                                                                  This arrangement is often less expensive
                                                    (meter provers) used to check the                                                                             for the travelers than individually
                                                                                                            [FR Doc. 2016–06603 Filed 3–23–16; 8:45 am]
                                                    accurate flow of liquid hazardous                                                                             buying a ticket. Part 380 exempts
                                                                                                            BILLING CODE 4910–60–P
                                                    materials into bulk packagings, such as                                                                       charter operators from certain
                                                    portable tanks and cargo tank motor                                                                           provisions of the U.S. code in order that
                                                    vehicles, under the HMR. These meter                    DEPARTMENT OF TRANSPORTATION                          they may provide this service. A
                                                    provers are used to ensure that the                                                                           primary goal of Part 380 is to seek
                                                    proper amount of liquid hazardous                       Office of the Secretary                               protection for the consumer.
                                                    materials is being loaded and unloaded                                                                        Accordingly, the rule stipulates that the
                                                                                                            [Docket No. DOT–OST–2016–0023]                        charter operator must file evidence (a
                                                    involving bulk packagings, such as
                                                    cargo tanks and portable tanks. These                   Extension of a Previously Approved                    prospectus—consisting of OST Forms
                                                    meter provers consist of a gauge and                    Collection: Public Charters                           4532, 4533, 4534, 4535, and supporting
                                                    several pipes that always contain small                                                                       financial documents) with the
                                                    amounts of the liquid hazardous                               Office of the Secretary, DOT.
                                                                                                            AGENCY:                                               Department for each charter program
                                                    material in the pipes as residual                             Notice and request for
                                                                                                            ACTION:                                               certifying that it has entered into a
                                                    material, and, therefore, must be                       comments.                                             binding contract with a direct air carrier
                                                    inspected and maintained in accordance                                                                        to provide air transportation and that it
                                                    with the HMR to ensure they are in                      SUMMARY:   In compliance with the                     has also entered into agreements with
                                                    proper calibration and working order.                   Paperwork Reduction Act of 1995,                      Department-approved financial
                                                    These meter provers are not subject to                  Public Law 104–13, the Department of                  institutions for the protection of charter
                                                    the specification testing and inspection                Transportation (DOT) invites the general              participants’ funds. The prospectus
                                                    requirements in part 178. However,                      public, industry and other governmental               must be approved by the Department
                                                    these meter provers must be visually                    parties to comment on Public Charters,                prior to the operator’s advertising,
                                                    inspected annually and hydrostatic                      14 CFR part 380. The pre-existing                     selling or operating the charter. If the
                                                    pressure tested every five years in order               information collection request was                    prospectus information were not
                                                    to ensure they are properly working as                  previously approved by the Office of                  collected it would be extremely difficult
                                                    specified in § 173.5a of the HMR.                       Management and Budget (OMB).                          to assure compliance with agency rules
                                                    Therefore, this information collection                  DATES: Written comments should be                     and to assure that public security and
                                                    requires that:                                          submitted by May 23, 2016.                            other consumer protection requirements
                                                      (1) Each meter prover must undergo                    FOR FURTHER INFORMATION CONTACT: Ms.                  were in place for the traveling public.
                                                    and pass an external visual inspection                  Reather Flemmings (202–366–1865) and                  The information collected is available
                                                    annually to ensure that the meter                       Mr. Brett Kruger (202–366–8025), Office               for public inspection (unless the
                                                    provers used in the flow of liquid                      of the Secretary, Office of International             respondent specifically requests
                                                    hazardous materials into bulk                           Aviation, Special Authorities Division-               confidential treatment). Part 380 does
                                                    packagings are accurate and in                          X46, 1200 New Jersey Ave. SE.,                        not provide any assurances of
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    conformance with the performance                        Washington, DC 20590.                                 confidentiality.
                                                    standards in the HMR.                                   ADDRESSES: You may submit comments                       As an additional matter, the
                                                      (2) Each meter prover must undergo                    [identified by DOT–DMS Docket No.                     Department’s Office of Aviation
                                                    and pass a hydrostatic pressure test at                 DOT–OST–2016–0023] through one of                     Enforcement and Proceedings has the
                                                    least every five years to ensure that the               the following methods:                                authority to pursue or not to pursue
                                                    meter provers used in the flow of liquid                   • Federal eRulemaking Portal: http://              enforcement action against airlines or
                                                    hazardous materials into bulk                           www.regulations.gov. Follow the                       other sellers of air transportation with
                                                    packagings are accurate and in                          instructions for submitting comments.                 respect to air travel consumer


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                                                    15788                        Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Notices

                                                    protection. As a matter of enforcement                  including whether the information will                Information and Regulatory Affairs,
                                                    policy, the Office of Aviation                          have practical utility; (b) the accuracy of           Office of Management and Budget,
                                                    Enforcement and Proceedings will not                    the Department’s estimate of the burden               Docket Library, Room 10102, 725 17th
                                                    take action against Public Charter                      of the proposed information collection;               Street NW., Washington, DC 20503.
                                                    applicants (including public charter                    (c) ways to enhance the quality, utility                 • email: oira_submission@
                                                    operators, direct air carriers and                      and clarity of the information collection;            omb.eop.gov.
                                                    securers) that do not submit an original                and (d) ways to minimize the burden of                   • Fax: (202) 395–5806. Attention:
                                                    and two copies of a charter prospectus                  the collection of information on                      DOT/OST Desk Officer.
                                                    so long as (1) the Public Charter                       respondents, by the use of electronic                 FOR FURTHER INFORMATION CONTACT:
                                                    applicant submits fully completed and                   means, including the use of automated                 Deborah Hinz, 202–366–6945, Office of
                                                    signed electronic copies of the original                collection techniques or other forms of               Intelligence, Security and Emergency
                                                    documents of OST Forms 4532, 4533,                      information technology. All responses                 Response, Office of the Secretary of
                                                    4534, and, if applicable, 4535 (including               to this notice will be summarized and                 Transportation, U.S. Department of
                                                    signatures); and (2) the Public Charter                 included in the request for OMB                       Transportation, 1200 New Jersey
                                                    applicant continues to submit original                  approval. All comments will also                      Avenue SE., Washington, DC 20590.
                                                    financial documents such as Letters of                  become a matter of public record.                     SUPPLEMENTARY INFORMATION:
                                                    Credit, Surety Trust Agreements, and                      Authority: The Paperwork Reduction Act                 OMB Control Number: 2105–0567.
                                                    Surety Bonds.                                           of 1995; 44 U.S.C. Chapter 35, as amended;               Title: Prioritization and Allocation
                                                       Burden Statement: Completion of all                  and 49 CFR 1.48.                                      Authority Exercised by the Secretary of
                                                    forms in a prospectus can be                              Issued in Washington, DC, on March 18,              Transportation Under the Defense
                                                    accomplished in approximately two                       2016.                                                 Production Act.
                                                    hours (30 minutes per form) for new                     Jeffrey B. Gaynes,                                       Form Numbers: OST F 1254.
                                                    filers and one hour for amendments                                                                               Type of Review: Renewal of a
                                                                                                            Assistant Director for Regulatory Affairs.
                                                    (existing filings). The forms are                                                                             previously approved information
                                                                                                            [FR Doc. 2016–06661 Filed 3–23–16; 8:45 am]
                                                    simplified and request only basic                                                                             collection.
                                                    information about the proposed                          BILLING CODE 4910–9X–P
                                                                                                                                                                     Background: The Defense Production
                                                    programs and the private sector filer.                                                                        Act Reauthorization of 2009 (Pub. L.
                                                    The respondent can submit a filing to                                                                         111–67, September 30, 2009) requires
                                                                                                            DEPARTMENT OF TRANSPORTATION
                                                    operate for up to one year and include                                                                        each Federal agency with delegated
                                                    as many flights as desired, in most                     [Docket No. DOT–OST–2015–0271]                        authority under section101 of the
                                                    cases. If an operator chooses to make                                                                         Defense Production Act of 1950, as
                                                    changes to a previously approved                        Agency Request for Renewal of a
                                                                                                                                                                  amended (50 U.S.C. App. § 2061 et seq.)
                                                    charter operation, then the operator is                 Previously Approved Information
                                                                                                                                                                  to issue final rules establishing
                                                    required by regulations to file revisions               Collection: Prioritization and
                                                                                                                                                                  standards and procedures by which the
                                                    to its original prospectus.                             Allocation Authority Exercised by the
                                                                                                                                                                  priorities and allocations authority is
                                                       Respondents: Private Sector: Air                     Secretary of Transportation Under the
                                                                                                                                                                  used to promote the national defense.
                                                    carriers; tour operators; the general                   Defense Production Act
                                                                                                                                                                  The Secretary of Transportation has the
                                                    public (including groups and                            AGENCY: Office of the Secretary of                    delegated authority for all forms of civil
                                                    individuals, corporations and                           Transportation, DOT.                                  transportation. DOT’s final rule,
                                                    Universities or Colleges, etc.).                                                                              Transportation Priorities and
                                                                                                            ACTION: Notice and request for
                                                       Number of Respondents: 245.                                                                                Allocations System (TPAS), published
                                                                                                            comments.
                                                       Number of Responses: 1,782.                                                                                October 2012, requires this information
                                                       Total Annual Burden: 891.                            SUMMARY:   The Department of                          collection. Form OST F 1254, Request
                                                    Frequency of Responses                                  Transportation (DOT) invites public                   for Special Priorities Assistance, would
                                                                                                            comments about our intention to request               be filled out by private sector
                                                    245 (respondents) × 4 = 980                             the Office of Management and Budget                   applicants, such as transportation
                                                    401 (amendments from the same                           (OMB) approval to renew an                            companies or organizations. The private
                                                       respondents) × 2 = 802                               information collection. The collection
                                                    Total estimated responses: 980 + 802 =                                                                        sector applicant must submit company
                                                                                                            involves information required in an                   information, the services or items for
                                                       1,782                                                application to request Special Priorities             which the assistance is requested, and
                                                       The frequency of response is                         Assistance. The information to be                     specific information about those
                                                    dependent upon whether the operator is                  collected is necessary to facilitate the              services or items.
                                                    requesting a new program or amending                    supply of civil transportation resources                 Respondents: Private sector
                                                    an existing prospectus. Variations occur                to promote the national defense. A                    applicants, such as transportation
                                                    due to the respondents’ criteria. On                    Federal Register Notice with a 60-day                 companies or organizations.
                                                    average four responses (forms 4532,                     comment period soliciting comments on                    Number of Respondents: We estimate
                                                    4533, 4534 and/or 4535) are required for                the following information collection                  6 respondents.
                                                    filing new prospectuses and two of the                  was published on January 26, 2016 (81                    Total Annual Burden: We estimate an
                                                    responses (forms) are required for                      FR 4364). No comments were received.                  average burden of 30 minutes per
                                                    amendments. The separate hour burden                    DATES: Written comments should be                     respondent for an estimated total annual
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    estimate is as follows:                                 submitted by April 25, 2016.                          burden of 3 hours.
                                                       Total Annual Burden: 891 hours.                      ADDRESSES: Your comments should be                       Public Comments Invited: You are
                                                    Approximately 1,782 (responses) × 0.50                  identified by Docket No. DOT–OST–                     asked to comment on any aspect of this
                                                       (per form) = 891                                     2015–0271 and may be submitted                        information collection, including (a)
                                                       Public Comments Invited: (a) Whether                 through one of the following methods:                 whether the proposed collection of
                                                    the proposed collection of information                    • Office of Management and Budget,                  information is necessary for the
                                                    is necessary for the proper performance                 Attention: Desk Officer for U.S.                      Department’s performance; (b) the
                                                    of the functions of the Department,                     Department of Transportation, Office of               accuracy of the estimated burden; (c)


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Document Created: 2016-03-24 00:57:38
Document Modified: 2016-03-24 00:57:38
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 and request for comments.
DatesWritten comments should be submitted by May 23, 2016.
ContactMs. Reather Flemmings (202-366-1865) and Mr. Brett Kruger (202-366-8025), Office of the Secretary, Office of International Aviation, Special Authorities Division-X46, 1200 New Jersey Ave. SE., Washington, DC 20590.
FR Citation81 FR 15787 

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