[Federal Register: September 1, 1999 (Volume 64, Number 169)]
[Notices]               
[Page 47775-47776]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se99-83]                         

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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