[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Notices]
[Pages 47775-47776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22698]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Notice of Request for Extension, Without Change, of a Previously
Approved Information Collection
AGENCY: Office of the Secretary, DOT.
ACTION: Notice and Request for Comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35, as amended) this notice announces the Department of
Transportation's (DOT) intention to request extension without change,
of a previously approved information collection.
DATES: Comments on this notice must be received by November 1, 1999.
ADDRESSES: Comments should be sent to the Special Authorities Division
(X-57), Office of Aviation Analysis, Office of the Secretary, U.S.
Department of Transportation, 400 Seventh Street, SW., Washington, DC
20590-0002.
FOR FURTHER INFORMATION CONTACT: Ms. Torlanda Archer or Mr. Charles
McGuire, Office of the Secretary, Office of Aviation Analysis, X-57,
Department of Transportation, at the above address. Telephone (202)
366-1037.
SUPPLEMENTARY INFORMATION:
Title: Aviation Charter Rules.
OMB Control Number: 2106-0005.
Expiration Date: October 31, 1999.
Type of Request: Extension without change, of a previously approved
information collection.
Abstract: In 14 CFR Part 380 (adopted 1979) of its Special
Regulations the Department established the terms and conditions
governing the furnishing of Public Charters in air transportation by
direct air carriers and Public Charter operators. Public Charter
operators arrange transportation for groups of persons on aircraft
chartered from direct air carriers. This arrangement is less expensive
for the travelers than individually buying a ticket. Further, the
charter operator books hotel rooms, tours, etc., at destination for the
convenience of the traveler. 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) 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. The forms (OST Forms 4532, 4533, 4534 and
4535) that comprise the operator's filing is the information collection
at issue here.
In September 1992, the Department issued a notice of proposed
rulemaking (NPRM), [57 FR 42864, 9-16-92) to propose, among other
revisions, that charter operators need no longer file prospectuses. The
NPRM was in response to comments that prospectus filings were
burdensome and unnecessary. However, the majority of respondents to the
NPRM urged the Department to retain the existing prospectus filing
requirements because they desired the more complete consumer protection
provided by the current rule. Without a complete prospectus it would be
extremely difficult to assure that financial security and other
consumer protection requirements are in place for each Public Charter
operation.
On May 22, 1998 the Department of Transportation published a Final
Rule amending its charter air transportation regulations to update the
rules, make changes reflecting current operating procedures and
including the following specific modifications:
Eliminate the 10-day waiting period after the filing of a
prospectus or an amendment before Public Charters may be advertised or
sold;
Allow charter operators to accept payment by credit cards for
Public Charter flights;
Delete the minimum contract size of 20 seats for passenger
charters;
Permit direct air carriers to sell charter flights within 7 days of
departure;
Codify the Department's practice allowing a ``sub-operator'' to buy
into another Public Charter operator's prospectus as a principal;
Eliminate the requirement for a brief or ``mini'' prospectus to be
filed by direct air carriers conducting foreign-originating flights for
foreign charter operators;
Consolidate the rules applicable to U.S. and foreign direct air
carriers into a single part; and
Broaden the definitions of ``immediate family'' in parts 212 and
380 to include the member's (or student participant's) spouse,
children, and parents, whether or not they share a household with the
member. This action is taken at the Department's initiative and
responds to President Clinton's Regulatory Reinvention Initiative.
With these exceptions, the Department decided not to adopt many of
the rule changes proposed in the NPRM. The Final Rule includes a full
discussion of comments offered to the NPRM and the reasons for adopting
or not adopting proposed changes in the rule. No comments have been
received on the Final Aviation Charter Rules.
The collection involved here under 14 CFR part 380 requests general
information about the charter operator and direct air carrier that will
provide a Public Charter and requires each to certify that it has
contracted with the other to provide the transportation. The routing,
charter price and tour itinerary of the proposed charter are also
identified. The collection also requires the charter operator, direct
air carrier and financial institution(s) involved to certify that
proper financial instruments are in place or other arrangements have
been made to protect the charter participants' funds and that all
parties will abide by the Department's Public Charter regulations.
Respondents: Public Charter operators.
Estimated Number of Respondents: 316.
[[Page 47776]]
Average Annual Burden per respondents: 4.25 hours.
Estimated Total Burden on Respondents: 1,343 hours.
The information collection is available for inspection at the
Special Authorities Division (X-57), Office of Aviation Analysis, DOT,
at the address above. Copies of 14 CFR part 380 can be obtained from
Ms. Torlanda Archer at the address and telephone number shown above.
Comments Are Invited On
(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 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.
Issued in Washington, DC on August 26, 1999.
John V. Coleman,
Office of Aviation Analysis.
[FR Doc. 99-22698 Filed 8-31-99; 8:45 am]
BILLING CODE 4910-62-P
