
[Federal Register: September 9, 2008 (Volume 73, Number 175)]
[Notices]               
[Page 52445-52447]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se08-159]                         

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2008-0259; OMB Control No.: 2106-0009]

 
Pricing and Multilateral Affairs Division; Agency Information 
Collection Activities; Request for Comments; [Renewed Approval of] 
Information Collection: Exemption From Passenger Tariff-filing 
Requirements in Certain Instances, and Mandatory Electronic Filing of 
Residual Passenger Tariffs

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

ACTION: Notice and request for comments.

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[[Page 52446]]

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, Public 
Law 104-13, this notice announces the Department of Transportation 
(DOT), Office of the Secretary's (OST) intention to request clearance 
and renewal of a previously approved information collection. This 
Information Collection Request (ICR) describes the nature of the 
information collection and its expected burden. The purpose of this 
notice is to allow the public to submit comments on our application to 
renew ICR 2106-0009, 14 CFR Part 221--Constructing, Publications, 
Filing and Posting of Tariffs of Air Carriers and Foreign Air Carriers. 
The pre-existing information collection request previously approved by 
OMB expires on September 30, 2008.

DATES: Written comments should be submitted by: November 10, 2008.

ADDRESSES: For submitting comments: Federal eRulemaking Portal: Go to 
http://www.regulations.gov. Follow the online instructions for 
submitting comments.
    Mail or Hand Delivery: U.S. Department of Transportation, Dockets 
Management Facility, 1200 New Jersey Avenue, SE., West Building, Room 
W12-140, Washington, DC 20590.
    Fax comments: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: John Kiser, 202-366-2435 or Bernice 
Gray, 202-366-2418, Pricing and Multilateral Affairs Division, Office 
of the Secretary, Department of Transportation, 1200 New Jersey Avenue, 
SE., Room W86-319 or W86-433, Washington, DC 20590. Office hours are 
from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:
    Title: Exemption from Passenger Tariff-filing Requirements in 
Certain Instances, and Mandatory Electronic Filing of Residual 
Passenger Tariffs.
    OMB Control No.: 2106-0009.
    Type of Request: Extension of a currently approved information 
collection.
    Background: Section 41504 of Title 49 of the United States Code, 
requires every U.S. and foreign air carrier to file with the Department 
and keep open for public inspection, tariffs showing all prices for 
``foreign air transportation'' between points served by that carrier, 
as well as all the rules relating to that transportation to the extent 
required by the Department. This requirement includes passenger fares, 
related charges and governing rules. The detailed tariff-filing rules 
and authority for approvals, rejections, and waivers are established by 
14 CFR Part 221. Once tariffs are allowed to become effective by the 
Department, these tariffs become legally binding terms in the contract 
of carriage for international air transportation.
    In several rulemaking proceedings, the Department determined that 
the amount of tariff material filed by carriers exceeded our regulatory 
requirements in certain respects; that alternative methods existed for 
protecting consumers and other elements of the public interest that are 
more effective than filed tariffs; and that procedures should be 
developed to foster the electronic filing and the review of those 
tariffs, which should continue to be filed. On November 30, 1995, the 
Department published a final rule (Exemption From Property Tariff-
Filing Requirement for 14 CFR Parts 221 and 292, Docket No. 49827) 
exempting carriers from their regulatory duty to file tariffs for 
foreign air transportation of cargo.
    In the final rule (Notice of Exemption from Passenger Tariff-Filing 
Requirements In Certain Instances, Docket OST-97-2050-12), issued July 
21, 1999, the Department determined that the filing of certain tariffs 
with the Department for foreign air transportation of passengers is no 
longer necessary or appropriate, and accordingly granted another 
exemption from the tariff-filing requirement set forth in Part 221. The 
rule also required that all remaining tariffs be filed electronically. 
A substantial number of provisions in Part 221 were removed, where 
redundant or out-dated given present regulatory practices existed.
    On October 7, 1999, the Assistant Secretary issued a notice under 
14 CFR Part 293, Notice of Exemption from the Department's Tariff-
Filing Requirement, Docket OST-97-2050-14, specifying the terms of the 
exemptions for markets in Category A (no fare filing(s), Category B 
(normal one-way economy fare filing(s) only or Category C (filing all 
fares), taking into account specific factors present in each market. 
The notice also specified which general rules must continue to be 
filed.
    On September 12, 2005, the Assistant Secretary issued a Notice of 
Exemption from the Department's Tariff-Filing Requirements, Docket OST-
97-2050-15, updating the list of countries added to the tariff-filing 
exemptions under 14 CFR 293 for country-pair markets, transferring more 
countries between categories, and increasing the number of exempted 
countries from the tariff-filing requirements.
    On April 8, 2008, the Assistant Secretary issued a third notice 
(Notice of Exemption from the Department's Tariff-Filing Requirements, 
Docket OST-97-2050-18), updating the list of countries added to the 
tariff-filing exemptions under 14 CFR 293 for country-pair markets, 
transferring more countries between categories and increasing the 
number of exempted countries from the tariff-filing requirements. Most 
of the changes in the 2005 and 2008 notices moved countries into 
Category A (not fare filing(s), reflecting the increasing number of 
``open skies'' air services agreements between the United States and 
its trading partners. The effect on the burden hours can not be 
determined at this time for the newest updated list of tariff-filing 
exemptions. Because of exemptions that have been granted to U.S. and 
foreign carriers from the statutory and regulatory duty to file 
international passenger tariffs for many markets, the burden of such 
filings has been substantially reduced. When the final rule was issued 
in July 1999, we estimated the total annual burden on respondents at 
650,000 hours. In 2007, the Department received 45,840 electronic 
filings, with an estimated annual burden of 229,200 burden hours. This 
reflected the fact that fewer markets were subject to filing 
requirements, but the reduction was tempered somewhat by a higher 
frequency of filings in markets still subject to filing. Considering 
these offsetting factors, we anticipate a modest further reduction of 
burden in the future.
    Respondents: The vast majority of the air carriers filing 
international tariffs are large operators with revenues in excess of 
several million dollars each year. Small air carriers operating 
aircraft with 60 seats or less and 18,000 pounds payload or less that 
offer on-demand air-taxi service are not required to file such tariffs.
    Frequency: The information will be collected annually.
    Estimated Average Burden per Response: 5 hours.
    Estimated Total Annual Burden Hours: 229,200.
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (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 collection; 
and (d) ways to minimize the burden of the collection of information on 
respondents, by the use of electronic means, including the use of 
automated

[[Page 52447]]

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.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. 
Chapter 35, as amended; and 49 CFR 1.48.

    Issued On: August 29, 2008.
Patricia Lawton,
IT Policy Oversight, Office of the Chief Information Officer.
[FR Doc. E8-20851 Filed 9-8-08; 8:45 am]

BILLING CODE 4910-62-P
