30-Day Federal Register Notice

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distinct. For example, Damon states that
unlike the fixed ergonomics of
conventional motorcycles, its adjustable
ergonomics system (SHIFT) provides the
user more freedom and control for
different riding styles. Damon explains
that using the left handlebar rear brake
position to accommodate and
implement this adjustable ergonomics
system will be less complex and avoid
the challenges of having the foot brake
also change position. Further, Damon
states that locating SHIFT on the
handlebar brake position will allow it
more design freedom to optimize
bodywork for the vehicle to reduce drag
and increase the overall efficiency of the
HyperSport.
The second basis is that an exemption
would make the development or field
evaluation of a low-emission vehicle
easier without unreasonably lowering
the safety of that vehicle.4 In support of
this basis, Damon states that its
HyperSport qualifies as a low-emission
vehicle because no emissions are
produced during operation. Damon
explains that the HyperSport has an allelectric powertrain.
To demonstrate that the HyperSport
meets the minimum safety levels
required for an exemption under either
49 CFR 555.6(b) 5 or 49 CFR 555.6(c),6
Damon states that the absence of a rear
brake control at the right foot location
does not significantly reduce the level of
safety afforded to the user, and that the
HyperSport’s added safety features,
including an advanced warning system
and ABS, improve the overall level of
safety of the motorcycle. Damon states
the HyperSport’s brake system is
designed to surpass the performance
requirements of FMVSS No. 122, which
measures braking performance. Further,
Damon points out that from 1999–2005
NHTSA granted exemptions for motor
scooters with rear brake controls on the
left handlebar, and that a 2000 Carter
Engineering study submitted with a
similar petition for exemption found no
response-time detriment in moving the
rear brake control from the right foot
location to the left handlebar. Damon
states the study found operators
responded 21 percent faster to the
braking stimulus with handlebarmounted rear brake controls.
4 49

U.S.C. 30113(b)(3)(B)(iii).
5 The exemption would make easier the
development or field evaluation of a new motor
vehicle safety or impact protection features
providing a safety or impact protection level at least
equal to that of the standard.
6 The exemption would make the development or
field evaluation of a low-emission vehicle easier
and would not unreasonably lower the safety or
impact protection level of that vehicle.

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Damon contends that based on this
report there is likely no difference in the
physical response time for operators of
motorcycles compared to operators of
scooters. Damon also points out that
motor scooter manufacturers were
afforded the opportunity to bring their
vehicles to market in support of
gathering future data, and that the
granting of this petition would allow
Damon’s HyperSport to do the same.
Finally, Damon notes that although
FMVSS No. 123 reserves the left
handlebar for the clutch lever or as a
supplemental position for the rear brake
on motorcycles with an automatic
transmission, other markets like Europe
and Canada allow manufacturers to use
the left handlebar for the rear brake
control, and that this exemption would
promote international harmonization.
IV. Comment Period
The agency seeks comment from the
public on the merits of Damon’s
application for a temporary exemption
from the motorcycle rear brake control
requirements in paragraph S5.2.1 (table
1) of FMVSS No. 123. The agency has
not made any judgment on the merits of
the application and is placing a nonconfidential copy of the petition in the
docket. We are providing a 30-day
comment period. After considering
public comments and other available
information, we will publish a notice of
final action on the application in the
Federal Register.
Authority: 49 U.S.C. 30113; delegation
of authority at 49 CFR 1.95 and 501.5.
Sophie Shulman,
Deputy Administrator.
[FR Doc. 2024–20195 Filed 9–6–24; 8:45 am]
BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket ID Number: DOT–OST–2010–0140]

Notice of Submission of Proposed
Information Collection to OMB
Office of the Secretary,
Department of Transportation.
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995
(PRA), as amended, this notice
announces the Department of
Transportation’s (Department or DOT)
intention to reinstate Office of
Management and Budget (OMB) Control
Number 2105–0561 for the collection
and posting of certain aviation

SUMMARY:

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consumer protection-related
information from U.S. carriers and
foreign carriers. The subject information
collections relate to requirements in the
Code of Federal Regulations (CFR) for
the development and auditing of carrier
customer service plans, reporting of
tarmac delays, display of on-time
performance, and the posting of various
consumer protection documents on
carrier websites. The Control Number
expired on August 31, 2024.
DATES: Comments on this notice must be
received by October 9, 2024. Interested
persons are invited to submit comments
regarding this proposal.
ADDRESSES: Written comments and
recommendations for the proposed
information collection review (ICR)
should be sent within 30 days of
publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this particular ICR by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Alexa Strong or Hannah Cohen, Office
of the Secretary, Office of Aviation
Consumer Protection (C–70), U.S.
Department of Transportation, 1200
New Jersey Ave. SE, Washington, DC
20590, at [email protected] or
[email protected] (Email).
Arrangements to receive this document
in an alternative format may be made by
contacting the above-named
individuals.
SUPPLEMENTARY INFORMATION: Title:
Submission of Miscellaneous
Information Collection Systems as
Required by the Department’s Rules to
Enhance Airline Passenger Protections.
OMB Control Number: 2105–0561.
On December 30, 2009 and April 25,
2011, the Department issued two rules
to enhance airline passenger protections
that, among other things, required U.S.
and foreign carriers to adopt and audit
a customer service plan, retain
information regarding tarmac delays,
submit data regarding tarmac delays,
and post tarmac delay plans, customer
service plans, and contracts of carriage
on their websites. The 2009 rule also
required U.S. carriers that file on-time
performance reports under 14 CFR part
234 (‘‘reporting carriers’’) to display the
on-time performance of domestic flights
on their websites. A 2016 rule then
expanded the definition of U.S. carriers
considered reporting carriers.
On May 3, 2021, the Department
issued a rule amending its tarmac delay
requirements. Among other things, the
rule narrowed the tarmac delay data
reporting requirements in 14 CFR part
244 to those delays considered

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Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Notices
‘‘excessive tarmac delays’’ (i.e., those
tarmac delays exceeding 3 hours on
domestic flights and 4 hours on
international flights). The amended rule
also required carriers to file a narrative
report regarding such tarmac delays and
eliminated the requirement to retain the
delay information for two years.
Currently, the Department’s Office of
Aviation Consumer Protection (OACP)
is implementing development of the
Aviation Complaint, Enforcement, and
Reporting System (ACERS), a database
that it intends to require carriers to use
when submitting tarmac delay
information as required under 14 CFR
part 259.1 After implementation, ACERS
will help streamline the process by
which OACP receives, reviews, and
analyzes the narrative reports submitted
by carriers.
The PRA and its implementing
regulations, 5 CFR part 1320, require
Federal agencies to issue two notices, a
60-day notice followed by a 30-day
notice, seeking public comment on
information collection activities before
OMB may approve paperwork packages.
On May 21, 2024, the Department
published a 60-day notice in the Federal
Register soliciting comment on the
information collections for which it is
seeking OMB approval. See 89 FR 44758
(May 21, 2024). The Department
received no comments after issuing this
notice. Accordingly, the Department
announces that these information
collection activities have been reevaluated and certified under 5 CFR
1320.5(a) and forwarded to OMB for
review and approval pursuant to 5 CFR
1320.12(c).
A Federal agency generally cannot
conduct or sponsor a collection of
information, and the public is generally
not required to respond to an
information collection, unless it is
approved by OMB under the PRA and
displays a currently valid OMB Control
Number. In addition, notwithstanding
any other provisions of law, no person
shall generally be subject to penalty for
failing to comply with a collection of
information if the collection of
information does not display a valid
OMB Control Number. See 5 CFR
1320.5(a) and 1320.6. Before OMB
decides whether to approve these
proposed collections of information, it
must provide 30 days for public
comment. 44 U.S.C. 3507(b); 5 CFR
1320.12(d). Federal law requires OMB to
approve or disapprove paperwork
packages between 30 and 60 days after
1 OMB control number 2105–0568, which expires
August 31, 2027, addresses the information
collection relating to carriers uploading documents
to ACERs.

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the 30-day notice is published. 44
U.S.C. 3507(b)–(c); 5 CFR 1320.12(d);
see also 60 FR 44978, 44983 (Aug. 29,
1995). The 30-day notice informs the
regulated community to file relevant
comments to OMB and affords the
agency adequate time to digest public
comments before it renders a decision.
60 FR 44983 (Aug. 29, 1995). Therefore,
respondents should submit their
respective comments to OMB within 30
days of publication to best ensure their
full consideration. 5 CFR 1320.12(c); see
also 60 FR 44983 (Aug. 29, 1995).
This notice addresses five information
collection requirements set forth in the
Department’s airline passenger
protection rules: (1) posting of tarmac
delay plans, customer service plans, and
contracts of carriage on carrier websites,
(2) submission of a narrative report
regarding tarmac delays that last over
three hours for domestic flights and four
hours for international flights, (3)
adoption and audit of customer service
plans and retention of results, (4)
display of on-time performance data on
carrier websites, and (5) submission of
a data report for tarmac delays that last
over three hours for domestic flights and
four hours for international flights. It
seeks reinstatement of the OMB control
number with respect to all information
collections set forth in this notice. For
each of these information collections,
the title, a description of the
respondents, and an estimate of the
annual recordkeeping and periodic
reporting burdens are set forth below:
1. Requirement to post tarmac delay
plans, customer service plans, and
contracts of carriage on a carrier’s
website. (14 CFR 259.2 and 259.6)
Title: Posting of Tarmac Delay Plan,
Customer Service Plan, and Contract of
Carriage on website.
Respondents: U.S. carriers that
operate scheduled passenger or public
charter service and foreign air carriers
operating scheduled passenger or public
charter service to or from the United
States, using any aircraft with a
designed seating capacity of 30 or more
seats. Applicable to U.S. carriers that
have a website and foreign carriers that
have a website marketed toward U.S.
consumers.
Estimated Number of Respondents: 44
U.S. air carriers and 112 foreign air
carriers.
Estimated Total Burden on
Respondents: 143 hours (8,580 minutes,
average of 55 minutes per carrier to post
plans and contracts of carriage on
website). The burden calculation
accounts for additional time carriers
may spend updating the contents of
their customer service plans to comply
with recent amendments to 14 CFR

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73189

259.5, which the Department anticipates
will be a one-time update for
carriers.2 See 89 FR 32760 (April 26,
2024) (required carrier customer service
plans (1) to disclose that consumers are
entitled to a refund if this is the case
when offering travel credits, vouchers,
or other compensation in lieu of
refunds, and to disclose any material
restrictions, conditions, or limitations
on travel credits, vouchers, or other
compensation offered, regardless of
whether consumers are entitled to a
refund and (2) to include a statement
regarding compliance with the
requirements of part 262 regarding
vouchers for consumers in
circumstances relating to serious
communicable diseases).
Frequency: One time per respondent.
2. Requirement to file a narrative
report with OACP of each flight that
experiences a tarmac delay of more than
three hours (domestic flights) and more
than four hours (international flights)
(14 CFR 259.4(g)).
Title: Reporting of Tarmac Delays in
a Narrative Format That Complies with
49 U.S.C. 42301(h).
Respondents: U.S. Carriers that
operate scheduled passenger service or
public charter service using any aircraft
with 30 or more seats, and foreign air
carriers that operate scheduled
passenger or public charter service to
and from the United States using any
aircraft with 30 or more seats.
Estimated Number of Respondents: 44
U.S. air carriers and 112 foreign air
carriers.
Estimated Annual Burden on
Respondents: 2 hours per report for U.S.
carriers and 4 hours per report for
foreign carriers. The expected burden
per U.S. carrier is between 0 and 147
reports per year, and the expected
burden per foreign carrier is between 0
and 2 reports per year (based on the
highest annual number of tarmac delays
experienced by a single U.S. and foreign
carrier from 2022 and 2023), or 0.0 to
294.0 hours of burden per U.S. carrier
and 0.0 to 8.0 hours of burden per
foreign carrier.
Estimated Total Annual Burden:
Based on the average number of tarmac
delay reports filed with OACP by each
type of carrier from 2022 through 2023,
358 reports for U.S. carriers and 10
reports for foreign carriers, or a total of
756 hours (358 reports multiplied by 2
hours per report for U.S. carriers, and 10
2 The burden hours for this information collection
were previously 15 minutes per carrier. The burden
hours have been increased to 55 minutes per carrier
to account for additional time carriers may need to
update their customer service plans prior to posting
them on their websites.

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Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Notices

reports multiplied by 4 hours for foreign
carriers).
Frequency: One report per respondent
for each tarmac delay.
3. Requirement that certain U.S. and
foreign air carriers adopt a Customer
Service Plan and retain for two years the
results of its annual self-audit of its
compliance with its Customer Service
Plan. (14 CFR 259.2 and 259.5)
Title: Adopting a Customer Service
Plan and Retaining Self-audit of
Customer Service Plan.
Respondents: U.S. carriers that
operate scheduled passenger service
using any aircraft with a designed
seating capacity of 30 or more seats, and
foreign air carriers that operate
scheduled passenger service to and from
the United States using any aircraft with
a designed seating capacity of 30 or
more seats.
Number of Respondents: 44 U.S. air
carriers and 112 foreign air carriers.
Estimated Annual Burden on
Respondents: 15 minutes per year for
each respondent. The estimate was
calculated by multiplying the estimated
time for carriers to maintain an updated
Customer Service Plan and to retain a
copy of the carrier’s self-audit of its
compliance with its Customer Service
Plan by the number of audits per carrier
in a given year (1). The initial costs of
adopting a Customer Service Plan are
not included in this estimate as most
covered carriers initially adopted such
plans when the requirement was
promulgated in 2009 (for U.S. carriers)
and 2011 (for foreign carriers).
Estimated Total Annual Burden: A
maximum of 39 hours (2,340 minutes)
for all respondents. The estimate was
calculated by multiplying the time in a
given year for each carrier to maintain
an updated Customer Service Plan and
to retain a copy of its self-audit of its
compliance with its Customer Service
Plan (15 minutes) by the total number
of covered carriers (156 carriers).
Frequency: One information set to
maintain and retain per year for each
respondent.
4. Requirement that each large U.S.
carrier display on its website, at a point
before the consumer selects a flight for
purchase, the following information for
each listed flight regarding its on-time
performance during the last reported
month: The percentage of arrivals that
were on time (within 15 minutes of
scheduled arrival time), the percentage
of arrivals that were more than 30
minutes late (with special highlighting
if the flight was more than 30 minutes
late more than 50 percent of the time),
and the percentage of flight
cancellations if the flight is cancelled
more than 5% of the time. In addition,

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the requirement that a marketing/
reporting carrier display delay data for
its non-reporting codeshare carrier(s).
(14 CFR 234.11)
Title: Displaying On-time
performance Information on Carrier
website.
Respondents: U.S. carriers that
operate scheduled passenger service
that account for at least 0.5 percent of
domestic scheduled passenger revenue
and that market flights directly to
consumers via a website.
Number of Respondents: 15 carriers.
Estimated Annual Burden on
Respondents: 2 hours per month (24
hours annually) to cover both updates of
a carrier’s own delay data and updates
of code-share delay data.
Estimated Total Annual Burden: No
more than 360 hours (21,600 minutes) a
year for all respondents. The estimate
was calculated by multiplying the total
number of hours per carrier per year for
management of data links (24) by the
number of covered carriers (15).
Frequency: Updating information for
each flight listed on website 12 times
per year (1 time per month) for each
respondent (for both a carrier’s own
delay data and code-share delay data).
5. Requirement that carriers report
certain tarmac delay data to BTS for
each tarmac delay exceeding 3 Hours
(for domestic flights) and exceeding 4
Hours (for international flights) (14 CFR
244.3)
Title: Reporting Tarmac Delay Data to
BTS for Tarmac Delays Exceeding 3
Hours (for Domestic Flights) and 4
Hours (for International Flights).
Respondents: U.S. carriers that
operate scheduled passenger service or
public charter service using any aircraft
with 30 or more seats, and foreign air
carriers that operate scheduled
passenger or public charter service to
and from the United States using any
aircraft with 30 or more seats.
Number of Respondents: 44 U.S. air
carriers and 112 foreign air carriers.
Estimated Annual Burden on
Respondents: 30 minutes per report
filed. The expected burden per U.S.
carrier is between 0 and 147 reports per
year, and the expected burden per
foreign carrier is between 0 and 2
reports per year (based on the highest
and lowest number of reports submitted
by each individual U.S. and foreign
carrier from 2022 and 2023), or 0.0 to
73.5 hours of burden per U.S. carrier
and 0.0 to 1.0 hours of burden per
foreign carrier.
Estimated Total Annual Burden:
Based on an average number of tarmac
delays reported to BTS for 2022 and
2023, the estimated annual burden is
368 reports for U.S. carriers and foreign

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carriers, or a total of 184 hours (368
reports multiplied by 30 minutes per
report).
Frequency: One report per respondent
for each tarmac delay.
We invite comments on (a) whether
the collection of information is
necessary for the proper performance of
the functions of DOT, including
whether the information will have
practical utility; (b) the accuracy of
DOT’s estimate of the burden of the
proposed information collection; (c)
ways to enhance the quality, utility and
clarity of the information to be
collected; and (d) 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.
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 on
the docket.
Authority: The Paperwork Reduction
Act of 1995; 44 U.S.C. chapter 35, as
amended; and 49 CFR 1.26, 1.27, 1.48
and 1.49; DOT Order 1351.29.
Issued in Washington, DC.
Livaughn Chapman Jr,
Deputy Assistant General Counsel, Office of
Aviation Consumer Protection.
[FR Doc. 2024–20260 Filed 9–6–24; 8:45 am]
BILLING CODE 4910–9X–P

DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Extension of Information
Collection Request Submitted for
Public Comment; Comment Request
on Burden Related to the Plan-Specific
Substitute Mortality Tables for
Determining Present Value
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:

The Internal Revenue Service,
as part of its continuing effort to reduce
paperwork and respondent burden,
invites the public and other Federal
agencies to take this opportunity to
comment on proposed and/or
continuing information collections, as
required by the Paperwork Reduction
Act of 1995. Currently, the IRS is
soliciting comments concerning the
burden related to the Plan-Specific
Substitute Mortality Tables for
Determining Present Value.
DATES: Written comments should be
received on or before November 8, 2024
to be assured of consideration.
SUMMARY:

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