[Federal Register Volume 73, Number 235 (Friday, December 5, 2008)]
[Notices]
[Pages 74223-74224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28808]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket Number--[Docket No. DOT-OST-2008-0371]


Agency Information Collection Activities; Proposals, Submissions, 
and Approvals

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

ACTION: Notice and request for comments; Request OMB Clearance for 
extension of a currently approved information collection, Foreign Air 
Carrier Application for Statement of Authorization.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, Public 
Law 104-13, the Department of Transportation, Office of the Secretary 
invites the general public, industry and other governmental parties to 
comment on the Foreign Air Carrier Application for Statement of 
Authorization. The pre-existing information collection request 
previously approved by the Office of Management and Budget (OMB) 
expires on January 31, 2009.

DATES: Written comments should be submitted by February 3, 2009.

FOR FURTHER INFORMATION CONTACT: George Wellington, (202) 366-2391, 
Office of International Aviation, U.S. Department of Transportation, 
1200 New Jersey Avenue, SE., Room W86-125, Washington, DC 20590. Office 
hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except 
Federal holidays.

ADDRESSES: You may submit a comment to Docket No. DOT-OST-2008-0371 
through one of the following methods:
    Web site: http://www.regulations.gov. Follow the instructions for 
submitting comments on the FDMS electronic docket site.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building, Room W12-
140, Washington, DC 20590.
    Hand Delivery: Room W12-140 on the ground level of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Wednesday and Federal 
holidays.
    Instructions: All comments must include the agency name and FDMS 
Docket No. DOT-OST-2008-0371. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. You should know that anyone is able to 
search the electronic form of all comments received into any of our 
dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.) You may review DOT's complete Privacy Act 
Statement in the Federal Register published on February 3, 2006 (71 FR 
5780), or you may visit http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or to Room W12-
140 on the ground level of the West Building, 1200 New Jersey Avenue, 
SE., Washington, DC, between 9 a.m. and 5 a.m., Monday through Friday, 
except Wednesday and Federal holidays.
    If you wish to receive confirmation of receipt of your written 
comments, please include a self-addressed, stamped postcard with the 
following statement: ``Comments on Docket No. DOT-OST-2008-0371.'' The 
Docket Clerk will date stamp the postcard prior to returning it to you 
via the U.S. mail. Please note that due to delays in the delivery of 
U.S. mail to Federal offices

[[Page 74224]]

in Washington, DC, we recommend that persons consider an alternative 
method (Internet, fax, or professional delivery service) to submit 
comments to the docket and to ensure their timely receipt at U.S. DOT.

SUPPLEMENTARY INFORMATION:
    OMB Approval No. 2106-0035.
    Title: Foreign Air Carrier Application for Statement of 
Authorization.
    Form No.: Form OST 4540.
    Type of Review: Extension of a currently approved collection.
    Respondents: Foreign Air Carriers.
    Number of Respondents: Approximately 100.
    Estimated Time per Response: 2.25 hours per application.
    Total Annual Burden: 1,000 hours.
    Abstract: Applicants use Form OST 4540 to request statements of 
authorization to conduct numerous types of operations authorized under 
Title 14, CFR part 212. The form requires basic information regarding 
the carrier(s) conducting the operation, the party filing the form, the 
operations being conducted, the number of third- and fourth-freedom 
flights conducted in the last twelve-month period, and certification of 
reciprocity from the carrier's homeland government. DOT analysts will 
use the information collected to determine if applications for fifth-
freedom operations meet the public interest requirements necessary to 
authorize such applications.
    Burden Statement: We estimate that the industry-wide total hour 
burden for this collection to be approximately 1,000 hours or 
approximately 2.25 hours per application. Conservatively, we estimate 
the compilation of background information will require 1.75 hours, and 
the completion and submission of OST Form 4540 will require thirty (30) 
minutes.
    Reporting the number of third- and fourth-freedom operations 
conducted by an applicant carrier will require collection of flight 
data, and detailed analysis to determine which flights conducted by the 
carrier are third- and fourth-freedom. Applicants should be able to use 
data collected for the Department's T-100 program to provide this 
information (under this program, carriers are required periodically to 
compile and report certain traffic data to the Department, as more 
fully described in the Docket referenced in footnote 1 below). The 
Bureau of Transportation Statistics (BTS) provide carriers with a 
computer program that allows them to compile and monitor, among other 
things, flight origin and destination data, to be used in making the 
carriers' T-100 submissions.\1\ We estimated that carriers will require 
1.25 hours per application \2\ to compile and analyze the data 
necessary to disclose the number of third- and fourth-freedom flights 
conducted within the twelve-month period preceding the filing of an 
application.
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    \1\ The rule-making associated with the T-100 program can be 
found on the Federal Docket Management System (FDMS) at http://www.regulations.gov, in Docket DOT-OST-1998-4043. Information 
regarding burden hours is on file in the Office of Aviation Analysis 
(X-50).
    \2\ The Office of Aviation Analysis (X-50) estimated that small-
carriers would require 1 burden hour per report, and large carriers 
would require 3 burden hours per report to analyze and report T-100 
program data. Considering that the data required in this information 
collection can be derived from data already collected, we have taken 
an average of the estimated time required, and conservatively 
shortened the time by 45 minutes because no new data entry will be 
required.
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    Foreign carriers will also have to provide evidence that their 
homeland government will afford reciprocity to U.S. carriers seeking 
authority for the similar fifth-, sixth- and seventh-freedom 
operations. Carriers may cite certifications submitted by carriers from 
the same homeland if that homeland issued such certification within the 
preceding six-month period. Approximately 100 carriers from roughly 30 
distinct homelands use OST Form 4540 to apply for statements of 
authorization annually. We estimate that one foreign carrier from any 
given homeland will expend roughly 4 hours every six-months to obtain 
certification from its homeland governments.\3\ We have apportioned 30 
minutes to each application to account for the time required to obtain 
certifications from homeland governments.
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    \3\ Calculation: (4 burden hours per application) x (30 foreign 
homelands) x (2 requests per year) = 240 annual burden hours. 
Apportioning 240 annual burden hours equally among an average of 430 
applications annually = approximately 30 burden minutes per 
application.
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    We have no empirical data to indicate how much time is required for 
a person to complete OST Form 4540; however, anecdotal evidence reveals 
that respondents spend thirty (30) minutes or less completing the form 
and brief justification. In some cases, respondents spend a limited 
amount of time, less than ten (10) minutes, reviewing the form before 
sending it via facsimile or e-mail to the Department. In the interest 
of providing a conservative estimate so as to not understate the burden 
hours, we estimate the hour burden for completing OST Form 4540 as 
thirty (30) minutes.
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (1) Whether the proposed 
collection is necessary for the Office of the Secretary's performance; 
(2) the accuracy of the estimated burden; (3) ways for the Office of 
the Secretary to enhance the quality, usefulness, and clarity of the 
collected information; and (4) ways that the burden could be minimized 
without reducing the quality of the collected information. The agency 
will summarize and/or include your comments in the request for OMB's 
clearance of this information collection.
    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 December 1, 2008.
Tracey M. Jackson,
Office of the Chief Information Officer.
[FR Doc. E8-28808 Filed 12-4-08; 8:45 am]
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