60-day FRN

[Federal Register: September 9, 2008 (Volume 73, Number 175)]
[Notices]
[Page 52445-52447]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se08-159]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2008-0259; OMB Control No.: 2106-0009]

Pricing and Multilateral Affairs Division; Agency Information
Collection Activities; Request for Comments; [Renewed Approval of]
Information Collection: Exemption From Passenger Tariff-filing
Requirements in Certain Instances, and Mandatory Electronic Filing of
Residual Passenger Tariffs

AGENCY: Office of the Secretary (OST), U.S. Department of
Transportation, (DOT).

ACTION: Notice and request for comments.

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[[Page 52446]]

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, Public
Law 104-13, this notice announces the Department of Transportation
(DOT), Office of the Secretary's (OST) intention to request clearance
and renewal of a previously approved information collection. This
Information Collection Request (ICR) describes the nature of the
information collection and its expected burden. The purpose of this
notice is to allow the public to submit comments on our application to
renew ICR 2106-0009, 14 CFR Part 221--Constructing, Publications,
Filing and Posting of Tariffs of Air Carriers and Foreign Air Carriers.
The pre-existing information collection request previously approved by
OMB expires on September 30, 2008.

DATES: Written comments should be submitted by: November 10, 2008.

ADDRESSES: For submitting comments: Federal eRulemaking Portal: Go to
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. Follow the online instructions for
submitting comments.
Mail or Hand Delivery: U.S. Department of Transportation, Dockets
Management Facility, 1200 New Jersey Avenue, SE., West Building, Room
W12-140, Washington, DC 20590.
Fax comments: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: John Kiser, 202-366-2435 or Bernice
Gray, 202-366-2418, Pricing and Multilateral Affairs Division, Office
of the Secretary, Department of Transportation, 1200 New Jersey Avenue,
SE., Room W86-319 or W86-433, Washington, DC 20590. Office hours are
from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:
Title: Exemption from Passenger Tariff-filing Requirements in
Certain Instances, and Mandatory Electronic Filing of Residual
Passenger Tariffs.
OMB Control No.: 2106-0009.
Type of Request: Extension of a currently approved information
collection.
Background: Section 41504 of Title 49 of the United States Code,
requires every U.S. and foreign air carrier to file with the Department
and keep open for public inspection, tariffs showing all prices for
``foreign air transportation'' between points served by that carrier,
as well as all the rules relating to that transportation to the extent
required by the Department. This requirement includes passenger fares,
related charges and governing rules. The detailed tariff-filing rules
and authority for approvals, rejections, and waivers are established by
14 CFR Part 221. Once tariffs are allowed to become effective by the
Department, these tariffs become legally binding terms in the contract
of carriage for international air transportation.
In several rulemaking proceedings, the Department determined that
the amount of tariff material filed by carriers exceeded our regulatory
requirements in certain respects; that alternative methods existed for
protecting consumers and other elements of the public interest that are
more effective than filed tariffs; and that procedures should be
developed to foster the electronic filing and the review of those
tariffs, which should continue to be filed. On November 30, 1995, the
Department published a final rule (Exemption From Property Tariff-
Filing Requirement for 14 CFR Parts 221 and 292, Docket No. 49827)
exempting carriers from their regulatory duty to file tariffs for
foreign air transportation of cargo.
In the final rule (Notice of Exemption from Passenger Tariff-Filing
Requirements In Certain Instances, Docket OST-97-2050-12), issued July
21, 1999, the Department determined that the filing of certain tariffs
with the Department for foreign air transportation of passengers is no
longer necessary or appropriate, and accordingly granted another
exemption from the tariff-filing requirement set forth in Part 221. The
rule also required that all remaining tariffs be filed electronically.
A substantial number of provisions in Part 221 were removed, where
redundant or out-dated given present regulatory practices existed.
On October 7, 1999, the Assistant Secretary issued a notice under
14 CFR Part 293, Notice of Exemption from the Department's Tariff-
Filing Requirement, Docket OST-97-2050-14, specifying the terms of the
exemptions for markets in Category A (no fare filing(s), Category B
(normal one-way economy fare filing(s) only or Category C (filing all
fares), taking into account specific factors present in each market.
The notice also specified which general rules must continue to be
filed.
On September 12, 2005, the Assistant Secretary issued a Notice of
Exemption from the Department's Tariff-Filing Requirements, Docket OST-
97-2050-15, updating the list of countries added to the tariff-filing
exemptions under 14 CFR 293 for country-pair markets, transferring more
countries between categories, and increasing the number of exempted
countries from the tariff-filing requirements.
On April 8, 2008, the Assistant Secretary issued a third notice
(Notice of Exemption from the Department's Tariff-Filing Requirements,
Docket OST-97-2050-18), updating the list of countries added to the
tariff-filing exemptions under 14 CFR 293 for country-pair markets,
transferring more countries between categories and increasing the
number of exempted countries from the tariff-filing requirements. Most
of the changes in the 2005 and 2008 notices moved countries into
Category A (not fare filing(s), reflecting the increasing number of
``open skies'' air services agreements between the United States and
its trading partners. The effect on the burden hours can not be
determined at this time for the newest updated list of tariff-filing
exemptions. Because of exemptions that have been granted to U.S. and
foreign carriers from the statutory and regulatory duty to file
international passenger tariffs for many markets, the burden of such
filings has been substantially reduced. When the final rule was issued
in July 1999, we estimated the total annual burden on respondents at
650,000 hours. In 2007, the Department received 45,840 electronic
filings, with an estimated annual burden of 229,200 burden hours. This
reflected the fact that fewer markets were subject to filing
requirements, but the reduction was tempered somewhat by a higher
frequency of filings in markets still subject to filing. Considering
these offsetting factors, we anticipate a modest further reduction of
burden in the future.
Respondents: The vast majority of the air carriers filing
international tariffs are large operators with revenues in excess of
several million dollars each year. Small air carriers operating
aircraft with 60 seats or less and 18,000 pounds payload or less that
offer on-demand air-taxi service are not required to file such tariffs.
Frequency: The information will be collected annually.
Estimated Average Burden per Response: 5 hours.
Estimated Total Annual Burden Hours: 229,200.
Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (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

[[Page 52447]]

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 On: August 29, 2008.
Patricia Lawton,
IT Policy Oversight, Office of the Chief Information Officer.
[FR Doc. E8-20851 Filed 9-8-08; 8:45 am]
BILLING CODE 4910-62-P