Confidential Business Information Reporting Requirements, 7525-7526 [2015-02665]

Download as PDF Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Notices FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at (405) 954–9362, or by email at: Kathy.DePaepe@faa.gov. SUPPLEMENTARY INFORMATION: OMB Control Number: 2120–0684. Title: Fractional Aircraft Ownership Programs. Form Numbers: There are no FAA forms associated with this collection. Type of Review: Extension without change of an information collection. Background: The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on December 4, 2014 (79 FR 72056). Each fractional ownership program manager and each fractional owner must comply with the requirements of 14 CFR part 91, subpart K. Information is used to determine if these entities are operating in accordance with the minimum safety standards of these regulations. The FAA will use the information it reviews and collects to evaluate the effectiveness of the program and make improvements as needed, and ensure compliance and adherence to regulations. Respondents: 11 fractional aircraft program managers/operators. Frequency: Information is collected on occasion. Estimated Average Burden per Response: 46 minutes. Estimated Total Annual Burden: 19,609 hours. Issued in Washington, DC, on February 4, 2015. Albert R. Spence, FAA Assistant Information Collection Clearance Officer, IT Enterprises Business Services Division, ASP–110. [FR Doc. 2015–02651 Filed 2–9–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Bureau of Transportation Statistics [Docket ID Number DOT–OST–2014–0031] Confidential Business Information Reporting Requirements Office of the Assistant Secretary for Research and Technology (OST–R), Bureau of Transportation Statistics (BTS), DOT. ACTION: Request for Public Comments. rljohnson on DSK3VPTVN1PROD with NOTICES AGENCY: Pursuant to the Department’s regulations, certain air carriers are required to file BTS Schedule B–7 (Airframe and Aircraft Engine Acquisitions and Retirements) and Schedule B–43 (Inventory of Airframes and Aircraft Engines). Under the Department’s regulations, the SUMMARY: VerDate Sep<11>2014 15:20 Feb 09, 2015 Jkt 235001 Department can withhold confidential business information if release of the confidential information is likely to cause substantial competitive harm to the entity that submitted the information to the Department. The BTS routinely grants, based on the sensitive nature of this cost data, a ten-year confidentiality period. After receiving notification that, upon the expiration of the ten-year confidentiality period, the BTS intended to release the cost data, the United Parcel Service Co. (UPS) and United Air Lines, Inc. (United) filed objections to the pending release. Both UPS and United claimed that the cost data, although ten years old, remained sensitive and its release would result in competitive harm. The cost data is now 20 years old. BTS is seeking public comments on the merits of the UPS and United positions and views on whether the BTS should increase the confidentiality period for certain airframe and aircraft engine cost data. DATES: Comments must be received by April 13, 2015. FOR FURTHER INFORMATION CONTACT: Jeff Gorham, Office of Airline Information, RTS–42, Room E34, BTS, 1200 New Jersey Avenue SE., Washington, DC 20590–0001, Telephone Number (202) 366–4406, Fax Number (202) 366–3383 or EMAIL jeff.gorham@dot.gov Request for Public Comments We are inviting public comments on the UPS and United requests and views on whether BTS’ confidentiality period should be retained or amended. Based on the public comments and a review of the requests to extend the confidentiality period, BTS will consider retaining or amending its confidentiality period. We are posing a series of questions in the hope that the public comments will address several issues in particular: (1) Do you use the airframe and aircraft engine cost data required under Part 241 and, if so, how do you use the data elements? (2) Should BTS amend or retain its confidentiality period for airframe and aircraft engine cost data? (3) Should BTS change the manner in which it collects these data elements? (4) Would it be in the public interest for BTS to grant the confidentiality extension requests? ADDRESSES: You may submit comments identified by DOT Docket ID Number DOT–OST–2014–0031 by any of the following methods: Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 7525 Mail: Docket Services: U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. Fax: 202–366–3383. Instructions: Identify docket number, DOT–OST–2014–0031, at the beginning of your comments, and send two copies. To receive confirmation that DOT received your comments, include a selfaddressed stamped postcard. Internet users may access all comments received by DOT at https://www.regulations.gov. All comments are posted electronically without charge or edits, including any personal information provided. Privacy Act: 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 April 11, 2000 (65 FR 19477–78) or you may visit https:// DocketInfo.dot.gov. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov. or the street address listed above. Follow the online instructions for accessing the dockets. Electronic Access: You may access comments received for this notice at https://www.regulations.gov, by searching docket DOT–OST–2014–0031. SUPPLEMENTARY INFORMATION: Pursuant to 14 CFR part 241, certain air carriers are required to file BTS Schedule B–7 (Airframe and Aircraft Engine Acquisitions and Retirements) and Schedule B–43 (Inventory of Airframes and Aircraft Engines). These schedules contain cost data concerning airframes and aircraft engines. In previous confidentiality requests, UPS and United requested and the Department granted a ten-year period of confidentiality for the cost data reported on the Form 41, Schedules B–7 and B– 43. Prior to the expiration of the ten-year period, BTS informed twelve air carriers that, at the close of the ten-year period (October 1, 2004), the agency intended to release the information. In a September 14, 2004 letter, UPS filed objections to the release and, in a September 23, 2004 letter, United also filed objections to the release (see BTS E:\FR\FM\10FEN1.SGM 10FEN1 rljohnson on DSK3VPTVN1PROD with NOTICES 7526 Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Notices Docket No. 2004–19380). Both UPS and United claim that the information, although ten years old, is so sensitive that each company would suffer ‘‘competitive harm’’ if the BTS releases the information. In its letter, UPS maintains that the information is still ‘‘commercially sensitive’’ based on three main points: (1) Disclosure of the data diminishes competition among the major aircraft manufacturers; engine manufacturers, and new and used aircraft owners and lessors who can use the commercially sensitive data to closely track UPS’ acquisition and retirement costs; (2) disclosure of the data impairs competition among competing domestic and foreign airlines in the international arena, because United States airlines are required to reveal major elements of their cost structures when their foreign competitors are not; and (3) the Securities and Exchange Commission (SEC) has determined that these data should be withheld from public disclosure. In addition, UPS requested that the Department withhold the information under Exemptions 3 and 4 of the Freedom of Information Act (FOIA) (See 5 U.S.C. 552(b)(3) and 4)). Exemption 3 allows the withholding of information if the disclosure is prohibited by another statute and the statute either: ‘‘(A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld;’’ (see 5 U.S.C. 552(b)(3)). UPS stated that a provision in the United States Code (see 49 U.S.C. 40115) qualifies as an Exemption 3 statute in that the statute allows the Department to order certain information withheld from public disclosure if the disclosure would ‘‘have an adverse effect on the competitive position of an air carrier in foreign air transportation.’’ (See 49 U.S.C. 40115(a)(2)(B)). In light of its objections, UPS requested that ‘‘the Department continue to afford confidential treatment to Form 41, Schedules B–7 and B–43 and that such confidential treatment be continued indefinitely or, at a minimum, for [another] ten (10) years.’’ United requested an extension based on the fact that prices have changed little since the 1992 to 1996 period. According to United, its ‘‘747s delivered in 1994 . . . have aircraft/engine prices which are the same as the prices of the later delivered 747s, except for some minor changes due to price escalation provisions and any minor configuration changes.’’ United also claimed that VerDate Sep<11>2014 15:20 Feb 09, 2015 Jkt 235001 Exemptions 3 and 4 of FOIA protected this information from disclosure. United also cited the fact that the SEC had provided a period of confidentiality for this information. Thus, United requested that the BTS extend its period of confidentiality until December 31, 2006, the expiration date for the SEC confidentiality period. Ten years have passed since the initial confidential treatment period, and BTS is again asking whether we should increase the confidentiality period for certain airframe and aircraft engine cost data, or release the data to the public. Issued in Washington, DC, on February 5, 2015. William Chadwick, Jr., Director, Office of Airline Information, Bureau of Transportation Statistics. [FR Doc. 2015–02665 Filed 2–9–15; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network Proposed Information Collection; Comment Request; Renewal Without Change of Bank Secrecy Act Suspicious Activity Reporting Requirement for Residential Mortgage Lenders and Originators Financial Crimes Enforcement Network (‘‘FinCEN’’), Treasury. ACTION: Notice and request for comments. AGENCY: FinCEN invites all interested parties to comment on its proposed renewal without change of the Bank Secrecy Act (‘‘BSA’’) Suspicious Activity Reporting requirements for residential mortgage lenders and originators. FinCEN intends to submit this requirement for approval by the Office of Management and Budget (‘‘OMB’’) of a three-year extension of Control Number 1506–0061. This request for comments is made pursuant to the Paperwork Reduction Act (‘‘PRA’’) of 1995, Public Law 104–13, 44 U.S.C. 3506(c)(2)(A). DATES: Written comments should be received on or before April 13, 2015 to be assured of consideration. ADDRESSES: Written comments should be submitted to: Policy Division, Financial Crimes Enforcement Network, U.S Department of the Treasury, P.O. Box 39, Vienna, VA 22183. Attention: PRA Comments—BSA Suspicious Activity Reporting Requirement for residential mortgage lenders and originators. Comments also may be SUMMARY: PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 submitted by electronic mail to the following Internet address: regcomments@fincen.gov with the caption in the body of the text, ‘‘Attention: PRA Comments—BSA Suspicious Activity Reporting Requirements 1506–0061.’’ It is preferable for comments to be submitted by electronic mail. Please submit comments by one method only. All submissions received must include the agency name and the specific OMB control number for this notice. Inspection of comments. Comments may be inspected, between 10 a.m. and 4 p.m., in the FinCEN reading room in Vienna, VA. Persons wishing to inspect the comments submitted must request an appointment with the Disclosure Officer by telephoning (703) 905–5034 (not a toll free call). FOR FURTHER INFORMATION CONTACT: The FinCEN Resource Center at 800–767– 2825 or email frc@fincen.gov. SUPPLEMENTARY INFORMATION: The BSA, Titles I and II of Public Law 91–508, as amended, codified at 12 U.S.C. 1829(b), 12 U.S.C.1951–1959, and 31 U.S.C. 5311–5332, authorizes the Secretary of the Treasury, among other things, to require financial institutions to keep records and file reports that are determined to have a high degree of usefulness in criminal, tax, and regulatory matters, or in the conduct of intelligence or counter-intelligence activities to protect against international terrorism, and to implement countermoney laundering programs and compliance procedures.1 Regulations implementing Title II of the BSA appear at 31 CFR Chapter X. The authority of the Secretary of the Treasury to administer the BSA has been delegated to the Director of FinCEN. The information collected and retained under the regulation addressed in this notice assists Federal, state, and local law enforcement as well as regulatory authorities in the identification, investigation, and prosecution of money laundering and other matters. In accordance with the requirements of the PRA, 44 U.S.C. 3506(c)(2)(A), and its implementing regulations, the following information is presented concerning the recordkeeping requirements listed below. Title: Suspicious Activity Report by Residential Mortgage Lenders and Originators. OMB Number: 1506–0061. 1 Language expanding the scope of the Bank Secrecy Act to intelligence or counter-intelligence activities to protect against international terrorism was added by Section 358 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, P.L. 107–56. E:\FR\FM\10FEN1.SGM 10FEN1

Agencies

[Federal Register Volume 80, Number 27 (Tuesday, February 10, 2015)]
[Notices]
[Pages 7525-7526]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02665]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics

[Docket ID Number DOT-OST-2014-0031]


Confidential Business Information Reporting Requirements

AGENCY: Office of the Assistant Secretary for Research and Technology 
(OST-R), Bureau of Transportation Statistics (BTS), DOT.

ACTION: Request for Public Comments.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Department's regulations, certain air carriers 
are required to file BTS Schedule B-7 (Airframe and Aircraft Engine 
Acquisitions and Retirements) and Schedule B-43 (Inventory of Airframes 
and Aircraft Engines). Under the Department's regulations, the 
Department can withhold confidential business information if release of 
the confidential information is likely to cause substantial competitive 
harm to the entity that submitted the information to the Department. 
The BTS routinely grants, based on the sensitive nature of this cost 
data, a ten-year confidentiality period. After receiving notification 
that, upon the expiration of the ten-year confidentiality period, the 
BTS intended to release the cost data, the United Parcel Service Co. 
(UPS) and United Air Lines, Inc. (United) filed objections to the 
pending release. Both UPS and United claimed that the cost data, 
although ten years old, remained sensitive and its release would result 
in competitive harm. The cost data is now 20 years old.
    BTS is seeking public comments on the merits of the UPS and United 
positions and views on whether the BTS should increase the 
confidentiality period for certain airframe and aircraft engine cost 
data.

DATES: Comments must be received by April 13, 2015.

FOR FURTHER INFORMATION CONTACT: Jeff Gorham, Office of Airline 
Information, RTS-42, Room E34, BTS, 1200 New Jersey Avenue SE., 
Washington, DC 20590-0001, Telephone Number (202) 366-4406, Fax Number 
(202) 366-3383 or EMAIL jeff.gorham@dot.gov

Request for Public Comments

    We are inviting public comments on the UPS and United requests and 
views on whether BTS' confidentiality period should be retained or 
amended. Based on the public comments and a review of the requests to 
extend the confidentiality period, BTS will consider retaining or 
amending its confidentiality period.
    We are posing a series of questions in the hope that the public 
comments will address several issues in particular:
    (1) Do you use the airframe and aircraft engine cost data required 
under Part 241 and, if so, how do you use the data elements?
    (2) Should BTS amend or retain its confidentiality period for 
airframe and aircraft engine cost data?
    (3) Should BTS change the manner in which it collects these data 
elements?
    (4) Would it be in the public interest for BTS to grant the 
confidentiality extension requests?

ADDRESSES: You may submit comments identified by DOT Docket ID Number 
DOT-OST-2014-0031 by any of the following methods:
    Federal eRulemaking Portal: Go to https://www.regulations.gov. 
Follow the online instructions for submitting comments.
    Mail: Docket Services: U.S. Department of Transportation, 1200 New 
Jersey Avenue SE., West Building Ground Floor, Room W12-140, 
Washington, DC 20590-0001.
    Hand Delivery or Courier: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, Monday 
through Friday, except Federal holidays.
    Fax: 202-366-3383.
    Instructions: Identify docket number, DOT-OST-2014-0031, at the 
beginning of your comments, and send two copies. To receive 
confirmation that DOT received your comments, include a self-addressed 
stamped postcard. Internet users may access all comments received by 
DOT at https://www.regulations.gov. All comments are posted 
electronically without charge or edits, including any personal 
information provided.
    Privacy Act: 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 
April 11, 2000 (65 FR 19477-78) or you may visit https://DocketInfo.dot.gov.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov. or the street 
address listed above. Follow the online instructions for accessing the 
dockets.
    Electronic Access: You may access comments received for this notice 
at https://www.regulations.gov, by searching docket DOT-OST-2014-0031.

SUPPLEMENTARY INFORMATION: Pursuant to 14 CFR part 241, certain air 
carriers are required to file BTS Schedule B-7 (Airframe and Aircraft 
Engine Acquisitions and Retirements) and Schedule B-43 (Inventory of 
Airframes and Aircraft Engines). These schedules contain cost data 
concerning airframes and aircraft engines. In previous confidentiality 
requests, UPS and United requested and the Department granted a ten-
year period of confidentiality for the cost data reported on the Form 
41, Schedules B-7 and B-43.
    Prior to the expiration of the ten-year period, BTS informed twelve 
air carriers that, at the close of the ten-year period (October 1, 
2004), the agency intended to release the information. In a September 
14, 2004 letter, UPS filed objections to the release and, in a 
September 23, 2004 letter, United also filed objections to the release 
(see BTS

[[Page 7526]]

Docket No. 2004-19380). Both UPS and United claim that the information, 
although ten years old, is so sensitive that each company would suffer 
``competitive harm'' if the BTS releases the information.
    In its letter, UPS maintains that the information is still 
``commercially sensitive'' based on three main points: (1) Disclosure 
of the data diminishes competition among the major aircraft 
manufacturers; engine manufacturers, and new and used aircraft owners 
and lessors who can use the commercially sensitive data to closely 
track UPS' acquisition and retirement costs; (2) disclosure of the data 
impairs competition among competing domestic and foreign airlines in 
the international arena, because United States airlines are required to 
reveal major elements of their cost structures when their foreign 
competitors are not; and (3) the Securities and Exchange Commission 
(SEC) has determined that these data should be withheld from public 
disclosure.
    In addition, UPS requested that the Department withhold the 
information under Exemptions 3 and 4 of the Freedom of Information Act 
(FOIA) (See 5 U.S.C. 552(b)(3) and 4)). Exemption 3 allows the 
withholding of information if the disclosure is prohibited by another 
statute and the statute either: ``(A) requires that the matters be 
withheld from the public in such a manner as to leave no discretion on 
the issue, or (B) establishes particular criteria for withholding or 
refers to particular types of matters to be withheld;'' (see 5 U.S.C. 
552(b)(3)). UPS stated that a provision in the United States Code (see 
49 U.S.C. 40115) qualifies as an Exemption 3 statute in that the 
statute allows the Department to order certain information withheld 
from public disclosure if the disclosure would ``have an adverse effect 
on the competitive position of an air carrier in foreign air 
transportation.'' (See 49 U.S.C. 40115(a)(2)(B)).
    In light of its objections, UPS requested that ``the Department 
continue to afford confidential treatment to Form 41, Schedules B-7 and 
B-43 and that such confidential treatment be continued indefinitely or, 
at a minimum, for [another] ten (10) years.''
    United requested an extension based on the fact that prices have 
changed little since the 1992 to 1996 period. According to United, its 
``747s delivered in 1994 . . . have aircraft/engine prices which are 
the same as the prices of the later delivered 747s, except for some 
minor changes due to price escalation provisions and any minor 
configuration changes.'' United also claimed that Exemptions 3 and 4 of 
FOIA protected this information from disclosure. United also cited the 
fact that the SEC had provided a period of confidentiality for this 
information. Thus, United requested that the BTS extend its period of 
confidentiality until December 31, 2006, the expiration date for the 
SEC confidentiality period.
    Ten years have passed since the initial confidential treatment 
period, and BTS is again asking whether we should increase the 
confidentiality period for certain airframe and aircraft engine cost 
data, or release the data to the public.

    Issued in Washington, DC, on February 5, 2015.
William Chadwick, Jr.,
Director, Office of Airline Information, Bureau of Transportation 
Statistics.
[FR Doc. 2015-02665 Filed 2-9-15; 8:45 am]
BILLING CODE 4910-9X-P

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