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)

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, 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.

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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