[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Notices]
[Pages 76538-76539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27072]


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DEPARTMENT OF TRANSPORTATION

[DOCKET: DOT-OST-2013-0074]


Agency Information Collection; Activity Under OMB Review: Foreign 
Air Carrier Application for Statement of Authorization, ICR-2106-0035

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

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, this notice 
announces that the Information Collection Request, abstracted below, is 
being forwarded to the Office of Management and Budget for extension of 
approval of currently approved ICR-2106-0036, Foreign Air Carrier 
Application for Statement of Authorization. Earlier, a Federal Register 
Notice with a 60-day comment period was published on August 12, 2022. 
The agency received one comment from Bakersfield College--Britain 
Cambridge State University stating, ``Thank you''.

DATES: Written comments should be submitted by January 8, 2023.

ADDRESSES: Comments should be sent to OMB at the address that appears 
below and should identify the associated OMB Approval Number 2106-0035 
and Docket DOT-OST-2013-0074.

FOR FURTHER INFORMATION CONTACT: Darren Jaffe, (202) 366-2512, Office 
of International Aviation, U.S. Department of Transportation, 1200 New 
Jersey Avenue SE, Room W86-441, Washington, DC 20590. Office hours are 
from 9 a.m. to 5:30 p.m., Monday through Friday, except Federal 
holidays.

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

[[Page 76539]]

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\
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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 https://www.regulations.gov, in Docket DOT-OST-1998-4043. Information 
regarding burden hours is on file in the Office of Aviation Analysis 
(X-50).
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    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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    \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\
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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 apportioned 30 minutes to each application to account for 
the time required to obtain certifications from homeland governments.
    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 email 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.

    Issued in Washington, DC on December 8, 2022.
Benjamin J. Taylor,
Director, Office of International Aviation.
[FR Doc. 2022-27072 Filed 12-13-22; 8:45 am]
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