Notice of Request for Extension, Without Change, of a Previously Approved Information Collection

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