81 FR 42057 - Extension of a Previously Approved Collection: Public Charters, 14 CFR Part 380
DEPARTMENT OF TRANSPORTATION
Office of the Secretary Federal Register Volume 81, Issue 124 (June 28, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 124 (June 28, 2016)
| Page Range | 42057-42058 | |
| FR Document | 2016-15286 |
[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)] [Notices] [Pages 42057-42058] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15286] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. DOT-OST-2016-0023] Extension of a Previously Approved Collection: Public Charters, 14 CFR Part 380 AGENCY: Office of the Secretary, Department of Transportation. 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. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on March 24, 2016 (81 FR 15787). No comments were received. DATES: Written comments should be submitted by July 28, 2016. [[Page 42058]] 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: Send comments regarding the burden estimate, including suggestions for reducing the burden, to the Office of Management and Budget, Attention: Desk Officer for the Office of the Secretary of Transportation, 725 17th Street NW., Washington, DC 20503. Comments may also be sent via email to OMB at the following address: [email protected]. 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. 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 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 the 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 hours. 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 June 20, 2016. Habib Azarsina, OST Privacy & PRA Officer, Office of the Secretary. [FR Doc. 2016-15286 Filed 6-27-16; 8:45 am] BILLING CODE 4910-9X-P
![Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices 42057
driving record for the last 3 years shows eye is 20/60, and in his left eye, 20/20. comments by mail or hand delivery,
one crash, to which he did not Following an examination in 2016, his submit them in an unbound format, no
contribute and for which he was not optometrist stated, ‘‘Mr. Taylor has larger than 81⁄2 by 11 inches, suitable for
cited, and no convictions for moving more than adequate vision to operate a copying and electronic filing. If you
violations in a CMV. commercial vehicle.’’ Mr. Taylor submit comments by mail and would
reported that he has driven tractor- like to know that they reached the
Ivan Romero
trailer combinations for 28 years, facility, please enclose a stamped, self-
Mr. Romero, 28, has complete loss of accumulating 23,400 miles. He holds a addressed postcard or envelope.
vision in his right eye due to a traumatic Class A CDL from North Carolina. His FMCSA will consider all comments
incident in childhood. The visual acuity driving record for the last 3 years shows and material received during the
in his right eye is light perception, and no crashes and no convictions for comment period. FMCSA may issue a
in his left eye, 20/20. Following an moving violations in a CMV. final determination at any time after the
examination in 2016, his optometrist close of the comment period.
stated, ‘‘Based on results from the Donald P. Winters
examination and driving history Mr. Winters, 63, has had refractive Viewing Comments and Documents
without incident it appears that Mr. amblyopia in his left eye since To view comments, as well as
Romero qualifies to meet criteria for an childhood. The visual acuity in his right documents mentioned in this preamble
exemption from the vision standards in eye is 20/30, and in his left eye, 20/50. as being available in the docket, go to
Federal Motor Carrier Safety Following an examination in 2015, his http://www.regulations.gov and insert
Regulations.’’ Mr. Romero reported that optometrist stated, ‘‘Based on all of the the docket number FMCSA–2016–0029
he has driven straight trucks for 4 years, above information regarding Mr. in the ‘‘Keyword’’ box and click
accumulating 160,000 miles, and Winters [sic] ocular status, it is my ‘‘Search.’’ Next, click ‘‘Open Docket
tractor-trailer combinations for 4 years, opinion that Mr. Winters does possess Folder’’ button and choose the
accumulating 188,000 miles. He holds a sufficient vision to operate a document listed to review. If you do not
Class A CDL from Illinois. His driving commercial vehicle safely and would be have access to the Internet, you may
record for the last 3 years shows no visually capable of performing any view the docket online by visiting the
crashes and no convictions for moving necessary driving tasks required.’’ Mr. Docket Management Facility in Room
violations in a CMV. Winters reported that he has driven W12–140 on the ground floor of the
tractor-trailer combinations for 31 years, DOT West Building, 1200 New Jersey
Richard M. Rosales accumulating 3.88 million miles. He Avenue SE., Washington, DC 20590,
Mr. Rosales, 35, has aphakia in his holds a Class A CDL from Virginia. His between 9 a.m. and 5 p.m., e.t., Monday
right eye due to a traumatic incident in driving record for the last 3 years shows through Friday, except Federal holidays.
childhood. The visual acuity in his right one crash, for which he was not at fault
eye is 20/400, and in his left eye, 20/20. and no convictions for moving Issued on: June 17, 2016.
Following an examination in 2016, his violations in a CMV. Larry W. Minor,
ophthalmologist stated, ‘‘In my Associate Administrator for Policy.
professional opinion he has sufficient III. Public Participation and Request for [FR Doc. 2016–15221 Filed 6–27–16; 8:45 am]
vision to perform the required driving Comments
BILLING CODE 4910–EX–P
task [sic] to operate a commercial FMCSA encourages you to participate
vehicle.’’ Mr. Rosales reported that he by submitting comments and related
has driven straight trucks for 6 years, materials. DEPARTMENT OF TRANSPORTATION
accumulating 18,720 miles. He holds an Submitting Comments
operator’s license from New Mexico. His Office of the Secretary
driving record for the last 3 years shows If you submit a comment, please
no crashes and no convictions for include the docket number for this [Docket No. DOT–OST–2016–0023]
moving violations in a CMV. notice, indicate the specific section of
this document to which each comment Extension of a Previously Approved
Jeffrey L. Tanner applies, and provide a reason for each Collection: Public Charters, 14 CFR
Mr. Tanner, 44, has had amblyopia in suggestion or recommendation. You Part 380
his right eye since childhood. The may submit your comments and
visual acuity in his right eye is 20/100, material online or by fax, mail, or hand AGENCY: Office of the Secretary,
and in his left eye, 20/20. Following an delivery, but please use only one of Department of Transportation.
examination in 2015, his optometrist these means. FMCSA recommends that ACTION: Notice and request for
stated, ‘‘In my opinion, Mr. Tanner can you include your name and a mailing comments.
safely see to navigate a commercial address, an email address, or a phone
vehicle.’’ Mr. Tanner reported that he number in the body of your document SUMMARY: In compliance with the
has driven straight trucks for 2 years, so the Agency can contact you if it has Paperwork Reduction Act of 1995,
accumulating 2,000 miles, and tractor- questions regarding your submission. Public Law 104–13, the Department of
trailer combinations for 1 year, To submit your comment online, go to Transportation (DOT) invites the general
accumulating 7,000 miles. He holds a http://www.regulations.gov and put the public, industry and other governmental
docket number FMCSA–2016–0029 in parties to comment on Public Charters,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Class A CDL from Wyoming. His driving
record for the last 3 years shows no the ‘‘Keyword’’ box, and click ‘‘Search.’’ 14 CFR part 380. A Federal Register
crashes and no convictions for moving When the new screen appears, click on Notice with a 60-day comment period
violations in a CMV. ‘‘Comment Now!’’ button and type your soliciting comments on the following
comment into the text box in the information collection was published on
Steve A. Taylor following screen. Choose whether you March 24, 2016 (81 FR 15787). No
Mr. Taylor, 53, has aphakia in his are submitting your comment as an comments were received.
right eye due to a traumatic incident in individual or on behalf of a third party DATES: Written comments should be
childhood. The visual acuity in his right and then submit. If you submit your submitted by July 28, 2016.
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![42058 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices
FOR FURTHER INFORMATION CONTACT: Ms. institutions for the protection of charter Frequency of Responses
Reather Flemmings (202–366–1865) and participants’ funds. The prospectus 245 (respondents) × 4 = 980.
Mr. Brett Kruger (202–366–8025), Office must be approved by the Department 401 (amendments from the same
of the Secretary, Office of International prior to the operator’s advertising, respondents) × 2 = 802.
Aviation, Special Authorities Division- selling or operating the charter. If the Total estimated responses: 980 + 802
X46, 1200 New Jersey Ave. SE., prospectus information were not = 1,782.
Washington, DC 20590. collected it would be extremely difficult The frequency of response is
ADDRESSES: Send comments regarding to assure compliance with agency rules dependent upon whether the operator is
the burden estimate, including and to assure that public security and requesting a new program or amending
suggestions for reducing the burden, to other consumer protection requirements an existing prospectus. Variations occur
the Office of Management and Budget, were in place for the traveling public. due to the respondents’ criteria. On
Attention: Desk Officer for the Office of The information collected is available average four responses (forms 4532,
the Secretary of Transportation, 725 for public inspection (unless the 4533, 4534 and/or 4535) are required for
17th Street NW., Washington, DC 20503. respondent specifically requests filing new prospectuses and two of the
Comments may also be sent via email to confidential treatment). Part 380 does responses (forms) are required for
OMB at the following address: oira_ not provide any assurances of amendments. The separate hour burden
submissions@omb.eop.gov. confidentiality. estimate is as follows:
Comments are invited on: Whether As an additional matter, the Total Annual Burden: 891 hours.
the proposed collection of information Department’s Office of Aviation Approximately 1,782 (responses) ×
is necessary for the proper performance Enforcement and Proceedings has the 0.50 (per form) = 891.
of the functions of the Department, authority to pursue or not to pursue Public Comments Invited: (a) Whether
including whether the information will enforcement action against airlines or the proposed collection of information
have practical utility; the accuracy of other sellers of air transportation with is necessary for the proper performance
the Department’s estimate of the burden respect to air travel consumer of the functions of the Department,
of the proposed information collection; protection. As a matter of enforcement including whether the information will
ways to enhance the quality, utility and policy, the Office of Aviation have practical utility; (b) the accuracy of
clarity of the information to be Enforcement and Proceedings will not the Department’s estimate of the burden
collected; and ways to minimize the take action against Public Charter of the proposed information collection;
burden of the collection of information applicants (including public charter (c) ways to enhance the quality, utility
on respondents, including the use of operators, direct air carriers and and clarity of the information collection;
automated collection techniques or securers) that do not submit an original and (d) ways to minimize the burden of
other forms of information technology. and two copies of a charter prospectus the collection of information on
SUPPLEMENTARY INFORMATION: so long as (1) the Public Charter respondents, by the use of electronic
OMB Control Number: 2106–0005. applicant submits fully completed and means, including the use of automated
Title: Public Charters, 14 CFR part signed electronic copies of the original collection techniques or other forms of
380. documents of OST Forms 4532, 4533, information technology. All responses
Form Numbers: 4532, 4533, 4534, 4534, and, if applicable, 4535 (including to this notice will be summarized and
4535. signatures); and (2) the Public Charter included in the request for OMB
Type of Review: Extension of a applicant continues to submit original approval. All comments will also
Previously Approved Collection: The financial documents such as Letters of become a matter of public record.
current OMB inventory has not Credit, Surety Trust Agreements, and
Authority: The Paperwork Reduction Act
changed. Surety Bonds. of 1995; 44 U.S.C. Chapter 35, as amended;
Abstract: 14 CFR part 380 establishes Burden Statement: Completion of all and 49 CFR 1.48.
regulations embodying the Department’s forms in a prospectus can be Issued in Washington, DC, on June 20,
terms and conditions for Public Charter accomplished in approximately two 2016.
operators to conduct air transportation hours (30 minutes per form) for new Habib Azarsina,
using direct air carriers. Public Charter filers and one hour for amendments
operators arrange transportation for OST Privacy & PRA Officer, Office of the
(existing filings). The forms are Secretary.
groups of people on chartered aircraft. simplified and request only basic
This arrangement is often less expensive [FR Doc. 2016–15286 Filed 6–27–16; 8:45 am]
information about the proposed
for the travelers than individually programs and the private sector filer. BILLING CODE 4910–9X–P
buying a ticket. Part 380 exempts The respondent can submit a filing to
charter operators from certain operate for up to one year and include
provisions of the U.S. code in order that as many flights as desired, in most DEPARTMENT OF THE TREASURY
they may provide this service. A cases. If an operator chooses to make
primary goal of part 380 is to seek Bureau of the Fiscal Service
changes to a previously approved
protection for the consumer. charter operation, then the operator is Proposed Collection of Information:
Accordingly, the rule stipulates that the required by the regulations to file Accountable Official Application Form
charter operator must file evidence (a revisions to its original prospectus. for U.S. Department of the Treasury
prospectus—consisting of OST Forms
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Respondents: Private Sector: Air Stored Value Card (SVC) Program
4532, 4533, 4534, 4535, and supporting carriers; tour operators; the general
financial documents) with the public (including groups and Notice and request for
ACTION:
Department for each charter program individuals, corporations and comments.
certifying that it has entered into a Universities or Colleges, etc.).
binding contract with a direct air carrier SUMMARY: The Department of the
to provide air transportation and that it Number of Respondents: 245. Treasury, as part of its continuing effort
has also entered into agreements with Number of Responses: 1,782. to reduce paperwork and respondent
Department-approved financial Total Annual Burden: 891 hours. burden, invites the general public and
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Document Created: 2016-06-28 00:53:24
Document Modified: 2016-06-28 00:53:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice and request for comments. | |
| Dates | Written comments should be submitted by July 28, 2016. | |
| 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. | |
| FR Citation | 81 FR 42057 |
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