Notice of Submission of Proposed Information Collection to OMB, 53563-53566 [2017-24834]
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pressure excursions on any desiccated
PSDI–5 inflator, and that ‘‘[t]he
maximum primary chamber pressure
that Takata measured’’ in covered Ford
inflators was about 15 MPa lower than
that measured in a covered Nissan
inflator (which exhibited primary
chamber pressure exceeding 60 MPa).
Id. at 14.
Second, and relatedly, Ford contends
‘‘[t]here are design differences’’ in the
covered Ford inflators when compared
to the covered Nissan inflators, and that
such differences may explain
differences observed between the two
inflator variants during testing. Id. In
short, Ford cites its inflator variant as
having ‘‘fewer potential moisture
sources’’ because the inflators contain
only two, foil-wrapped auto-ignition
tablets (instead of three that are not foilwrapped), contain divider disk foil tape,
and utilize certain EPDM generate
cushion material (instead of ceramic)
that ‘‘reduces generate movement over
time, maintains generate integrity, and
leads to consistent and predictable burn
rates.’’ Id. at 15–16 (providing table).
The remainder of Ford’s Petition
explains its ‘‘commit[ment] to further
investigation of PSDI–5 airbag
inflators.’’ See id. at 16–18. Because of
this stated concern, including about
data pertaining to the covered Nissan
inflators, ‘‘Ford is expanding the scope
of the sampling and is involving leading
industry experts to assess any potential
risks from desiccated PSDI–5 inflators
in Ford products.’’ Id. at 16. Ford
outlines a two-pronged plan for this
expansion. First, Ford describes a partsacquisition program ‘‘to gather
approximately 6,000 desiccated PSDI–5
driver airbag inflators’’ from certain
model year vehicles in areas with high
absolute humidity for what appears to
be all vehicle lines in which the covered
inflators were originally installed.6 Id. at
17. And second, Ford describes a
continuation of inflator testing and
engineering analysis, which will engage
third-party experts for independent
assessments. Id. at 17–18. The testing
will include various engineering
analyses (comparisons of design within
the PSDI–5 family, statistical
assessments, and ballistic modeling),
inflator testing (CT scanning and
inflator disassembly), and propellant
testing (moisture content, closed-bomb
burn rate, X-ray micro-computer
tomography, thermogravimetric/
6 Ford’s Petition explicitly lists six vehicle lines,
comprising all affected Ford models except for the
Fusion. See Petition at 17. However, one of the six
vehicle lines is simply listed as ‘‘2006–2007 MY
Ford.’’ Presumably, this refers to certain MY Ford
Fusions.
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differential scanning calorimetry
analysis). Id.
IV. Request for Deferral of
Determination
Ford has requested that NHTSA allow
it additional time before deciding on its
Petition—specifically, until March 31,
2018—so that it may ‘‘complete its
intensified and expanded inflator field
study, aging assessment, and testing on
additional samples and vehicle types to
evaluate the performance of the Takata
desiccated PSDI–5 driver airbag
inflators.’’ Id. at 19. In making this
request, Ford appears to acknowledge
the available data may not yet be
sufficient for the Agency to grant its
Petition. Indeed, Ford notes that while
its results to date are ‘‘good news for the
safety’’ of users of one of its six affected
vehicle models—the Ranger—‘‘the
results on the Nissan design inflators are
of concern.’’ Id.
The Agency recognizes Ford’s plans
to expand its investigation and to secure
a supply of remedy inflators for affected
vehicles if it becomes needed. See id. at
3, 10. However, 49 CFR 556.4(b)(5)
provides that an inconsequentiality
petition must set forth all data, views,
and arguments supporting that petition,
and Ford does not adequately justify
why this provision does not preclude
deferral here.
Specifically, NHTSA does not find
Ford’s request for deferral reasonable
under the circumstances or supported
by the testing and data it has collected
to date. Indeed, Ford does not provide
an explanation for why it has not
already undertaken the expansive
investigation it now proposes, and
Ford’s past efforts to evaluate the safety
of the covered inflators do not support
granting a deferral. NHTSA requested
Ford’s assistance in evaluating Takata
calcium-sulfate desiccated PSDI–5
driver-side airbag inflators in February
2016, and over seventeen months later
only about 400 covered Ford inflators
have been tested. Further, while the
covered Ford inflators were original
equipment in six vehicle models
(Ranger, Fusion, MKZ, Milan, Edge, and
MKX), all approximately 400 inflators
harvested in Ford’s field-recovery
program were from the same vehicle
model (the Ranger). Moreover, the
number of inflators tested under Ford’s
program was less than half the number
tested under Nissan’s program, and
about seven percent of the
approximately 6,000 inflators Ford now
proposes to test in only about seven
months.
It is difficult to reconcile Ford’s
ambitious plan with its prior approach
toward evaluating the safety of the
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covered inflators. Ford has provided no
compelling argument for the Agency to
deviate from 49 CFR 556.4(b)(5).
For these reasons, NHTSA denies
Ford’s request for a deferral of the
NHTSA’s decision on Ford’s Petition.
The Agency will decide on Ford’s
Petition without consideration of Ford’s
planned additional efforts as outlined in
its Petition. Nevertheless, NHTSA
recognizes Ford’s plans to further
evaluate the safety of Takata calciumsulfate desiccated PSDI–5 driver-side
airbag inflators, and encourages Ford to
move forward with those plans as
described in its Petition—particularly
given the concern about these inflators
that Ford has expressed.
Accordingly, NHTSA hereby gives
notice of its receipt of Ford’s Petition for
a Determination of Inconsequentiality
and Request for Deferral of
Determination Regarding Certain Ford
Vehicles Equipped with Takata PSDI–5
Desiccated Driver Airbag Inflators. And
it is hereby Ordered that:
1. The period for public comment on
Ford’s Petition shall run from the
publication of this decision through
December 18, 2017; and
2. Ford’s request for a deferral of
NHTSA’s decision on Ford’s Petition, so
that Ford may complete its intensified
and expanded inflator field study, aging
assessment, and testing on additional
samples and vehicle types, is Denied.
Authority: 49 U.S.C. 30101, et seq., 30118,
30120(h), 30162, 30166(b)(1), 30166(g)(1);
delegation of authority at 49 CFR 1.95(a); 49
CFR parts 556, 573, 577.
Issued: November 9, 2017.
Stephen P. Wood,
Acting Chief Counsel.
[FR Doc. 2017–24829 Filed 11–15–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[OST Docket No. DOT–OST–2010–0140]
Notice of Submission of Proposed
Information Collection to OMB
Office of the Secretary,
Department of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, as
amended, this notice announces the
Department of Transportation’s
(Department) intention to reinstate an
Office of Management and Budget
(OMB) control number for the collection
and posting of certain aviation
SUMMARY:
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consumer protection-related
information from U.S. carriers and
foreign carriers. On April 25, 2011, the
DOT issued a final rule that, among
other things, extended existing
consumer protection requirements that
previously applied only to U.S. carriers
to foreign carriers and required that
certain U.S. and foreign air carriers
report tarmac delay information to the
DOT for passenger operations that
experience a tarmac delay time of 3
hours or more at a U.S. airport (See,
DOT–OST–2010–0140). This request
seeks to reinstate the control number
that is associated with the information
collection requirements in that rule,
OMB Control Number 2105–0561.
In compliance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), this notice also announces that
the request for reinstatement of an OMB
Control Number for the Information
Collection Request (ICR) abstracted
below is being forwarded to the Office
of Management and Budget (OMB) for
review and comments. A Federal
Register Notice with a 60-day comment
period soliciting comments on the
following information collection was
published on May 22, 2017 (82 FR 97
at 23486).
DATES: Comments on this notice must be
received by December 18, 2017.
Interested persons are invited to submit
comments regarding this proposal.
ADDRESSES: Send comments regarding
the burden estimate, including
suggestions for reducing the burden, to
the Office of Management and Budget,
Attention: Desk Officer for the Office of
the Secretary of Transportation, 725
17th Street NW., Washington, DC 20503.
Comments may also be sent via email to
OMB at the following address: oira_
submissions@omb.eop.gov.
To ensure that you do not duplicate
your docket submissions, please submit
them by only one of the following
means:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Ave. SE., West Building
Ground Floor, Room W–12/140,
Washington, DC 20590–0001;
• Hand delivery: West Building
Ground Floor, Room W–12/140, 1200
New Jersey Ave. SE., between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
FOR FURTHER INFORMATION CONTACT:
Daeleen Chesley, Office of the Secretary,
Office of the Assistant General Counsel
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for Aviation Enforcement and
Proceedings (C–70), Department of
Transportation, 1200 New Jersey Ave.
SE., Washington, DC 20590, 202–366–
9342 (voice) 202–366–7152 (fax) or
Daeleen.Chesley@dot.gov.
SUPPLEMENTARY INFORMATION:
Title: Submission of Miscellaneous
Information Collection Systems as
Required by the Department’s Rules to
Enhance Airline Passenger Protections.
OMB Control Number: 2105–0561.
On April 25, 2011, the Department
issued a rule to enhance airline
passenger protections that, among other
things, extended to foreign carriers the
requirement to post tarmac delay plans,
customer service plans, and contracts of
carriage on their Web sites. This
requirement had previously only
applied to U.S. carriers. Airlines are also
required to adopt a Customer Service
Plan, audit adherence to the plan
annually, and retain the results for two
years. In addition, a prior rule issued on
December 30, 2009, required that each
reporting air carrier (i.e., currently U.S.
carriers that account for at least 1
percent of domestic scheduled
passenger revenues) display on its Web
site information on each listed flights’
on-time performance for the previous
month for both the carrier’s flights and
those of its non-reporting code-share
carriers. The rules also require that U.S.
air carriers that operate passenger
service and foreign air carriers that
operate scheduled passenger service to
or from the U.S. retain for two years
certain information about any ground
delay that lasts at least three hours.
The Paperwork Reduction Act of 1995
(PRA) and its implementing regulations,
5 CFR part 1320, require Federal
agencies to issue two notices seeking
public comment on information
collection activities before OMB may
approve paperwork packages. 44 U.S.C.
3506, 3507; 5 CFR 1320.5, 1320.8(d)(1),
1320.12. On May 22, 2017, OST
published a 60-day notice in the Federal
Register soliciting comment on ICRs for
which the agency was seeking OMB
approval (82 FR 97 at 23486). OST
received one comment after issuing this
notice. The commenter, Airport Council
International (ACI) strongly supported
the renewal of this control number.
Accordingly, the Department announces
that these information collection
activities have been re-evaluated and
certified under 5 CFR 1320.5(a) and
forwarded to OMB for review and
approval pursuant to 5 CFR 1320.12(c).
Before OMB decides whether to
approve these proposed collections of
information, it must provide 30 days for
public comment. 44 U.S.C. 3507(b); 5
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CFR 1320.12(d). Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30-day notice is
published. 44 U.S.C. 3507(b)–(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983
(Aug. 29, 1995). The 30-day notice
informs the regulated community to file
relevant comments to OMB and affords
the agency adequate time to digest
public comments before it renders a
decision. 60 FR 44983 (Aug. 29, 1995).
Therefore, respondents should submit
their respective comments to OMB
within 30 days of publication to best
ensure their full consideration. 5 CFR
1320.12(c); see also 60 FR 44983 (Aug.
29, 1995).
This notice addresses five information
collection requirements concerning
information collection requirements set
forth in the Department’s airline
passenger protection rules. The
reinstated OMB control number will be
applicable to all information collection
systems set forth in this notice. For each
of these information collections, the
title, a description of the respondents,
and an estimate of the annual
recordkeeping and periodic reporting
burden (rounded to the nearest hour) are
set forth below:
1. Requirement to post customer
service plans and contracts of carriage
on a carrier’s Web site. (259.2 and
259.6).
Title: Posting of Customer Service
Plan and Contract of Carriage on Web
site.
Respondents: U.S. carriers that
operate scheduled passenger or public
charter service and foreign air carriers
operating scheduled passenger or public
charter service to or from the United
States, using any aircraft with a
designed seating capacity of 30 or more
seats. Applicable to U.S. carriers that
have a Web site and foreign carriers that
have a Web site marketed toward U.S.
consumers.
Estimated Number of Respondents: 45
U.S. airlines and 65 foreign carriers.
Estimated Annual Burden on
Respondents: 15 minutes per year for
each U.S. carrier and foreign carrier.
The estimate was calculated by
multiplying the estimated time (15 min)
to post an updated copy of the carrier’s
customer service and/or contract of
carriage on its Web site per year (if
changes are made) by the number of
updates per carrier in each year (1) for
U.S and foreign carriers.
Estimated Total Burden on
Respondents: 28 hours (1,680 minutes,
average of 15 minutes per U.S. carrier to
post plans and contracts of carriage on
Web site).
Frequency: One time per respondent.
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2. Requirement to retain for two years
information about any tarmac delay that
lasts at least three hours. (259.2 and
259.4).
Title: Retaining Ground Delay
Information.
Respondents: U.S. carriers that
operate or market scheduled or public
charter passenger service using any
aircraft with a designed seating capacity
of 30 or more seats, and foreign air
carriers that operate or market
scheduled or public charter passenger
service to and from the United States
using any aircraft with a designed
seating capacity of 30 or more seats. To
be covered, the tarmac delay must have
occurred at a U.S. large hub, medium
hub, small hub or non-hub airport.
Estimated Number of Respondents: 61
U.S. and 93 foreign carriers.
Estimated Annual Burden on
Respondents: A maximum of 88 hours
(5,280 minutes) for a U.S. respondent
and a maximum of 32 hours (1,920
minutes) for a foreign respondent. The
estimate was calculated multiplying the
estimated time to retain information
about one ground delay (2 hours) by the
total number of ground delay incidents
lasting at least three hours per U.S.
respondent (a maximum of 44 incidents,
derived from analysis of tarmac delays
for CY2016). For foreign respondents,
the estimate was similarly calculated by
multiplying the estimated time to retain
information about one ground delay (4
hours) by the total number of ground
delay incidents lasting at least three
hours for CY2016 (a maximum of 8
incidents).
Estimated Total Annual Burden: A
maximum of 680 hours (40,800 minutes)
for all respondents. For U.S. carriers, the
subtotal was determined by multiplying
the sum of the total per report time (2
hours) for U.S. carriers by the total
number of CY2016 ground delay
incidents lasting at least three hours for
all U.S. carriers (84 total incidents). For
foreign carriers the subtotal was
determined by multiplying the per
report time (4 hours) for foreign carriers
multiplied by the total number of
ground delay incidents lasting at least
three hours for the foreign carriers (168
total incidents). The estimate was
calculated by adding the sum of the two
subtotals for all CY2016 tarmac delays
lasting at least three hours (168 hours
for U.S. carriers plus 512 hours for
foreign carriers).
Frequency: A maximum of 44 ground
delay information sets to retain per year
for a single respondent. (N.b. Some air
carriers may not experience any ground
delay incidents of at least three hours in
each year, while one air carrier
experienced 44 three-hour plus delays
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in CY2016 per data reported to the
Bureau of Transportation Statistics).
3. Requirement that certain U.S. and
foreign air carriers retain for two years
the results of its annual self-audit of its
compliance with its Customer Service
Plan. (259.2 and 259.5)
Title: Retaining Self-audit of Customer
Service Plan.
Respondents: U.S. carriers that
operate scheduled passenger service
using any aircraft with a designed
seating capacity of 30 or more seats, and
foreign air carriers that operate
scheduled passenger service to and from
the United States using any aircraft with
a designed seating capacity of 30 or
more seats. Applicable to U.S. carriers
that have a Web site and foreign carriers
that have a Web site marketed toward
U.S. consumers.
Number of Respondents: 45 U.S. and
65 foreign carriers.
Estimated Annual Burden on
Respondents: 15 minutes per year for
each respondent. The estimate was
calculated by multiplying the estimated
time to retain a copy of the carrier’s selfaudit of its compliance with its
Customer Service Plan by the number of
audits per carrier in a given year (1).
Estimated Total Annual Burden: A
maximum of 28 (1,680 minutes) for all
respondents. The estimate was
calculated by multiplying the time in a
given year for each carrier to retain a
copy of its self-audit of its compliance
with its Customer Service Plan (15
minutes) by the total number of covered
carriers (115 carriers).
Frequency: One information set to
retain per year for each respondent.
4. Requires that each large U.S. carrier
display on its Web site, at a point before
the consumer selects a flight for
purchase, the following information for
each listed flight regarding its on-time
performance during the last reported
month: The percentage of arrivals that
were on time (within 15 minutes of
scheduled arrival time), the percentage
of arrivals that were more than 30
minutes late (with special highlighting
if the flight was more than 30 minutes
late more than 50 percent of the time),
and the percentage of flight
cancellations if the flight is cancelled
more than 5% of the time. In addition,
a marketing/reporting carrier display
delay data for its non-reporting codeshare carrier(s). (234.11)
Title: Displaying On-time
performance Information on Carrier
Web site.
Respondents: Currently every U.S.
carrier that accounts for at least one
percent of scheduled passenger revenue
and maintains a Web site. For travel on
or after January 1, 2018, every U.S.
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carrier that accounts for at least 0.5
percent and less than 1.0 percent of
domestic scheduled passenger revenue
and that market flights directly to
consumers via a Web site.
Number of Respondents: 10 carriers
presently; 11 carriers beginning January
1, 2018.
Estimated Annual Burden on
Respondents: 2 hours per month (24
hours) to cover both updates of a
carrier’s own delay data and updates of
code-share delay data.
Estimated total annual burden: No
more than 264 hours (15,840 minutes) a
year for all respondents. The estimate
was calculated by multiplying the total
number of hours per carrier per year for
management of data links (24) by the
number of currently covered carriers
(11). For the first year, the annual
burden will also include the 4,673
(280,380) hours for one newly reporting
carrier.
Frequency: Updating information for
each flight listed on Web site 12 times
per year (1 time per month) for each
respondent (for both own carrier delay
data and code-share delay data).
5. Requirement that certain carriers
report tarmac delay data for tarmac
delays exceeding 3 hours to the
Department monthly. (244.2)
Title: Reporting Tarmac Delay Data for
Tarmac Delays Exceeding 3 Hours (to
the extent such information is not
reported by U.S. carriers under 14 CFR
part 234).
Respondents: U.S. carriers that
operate scheduled passenger service or
public charter service using any aircraft
with a designed seating capacity of 30
or more seats, and foreign air carriers
that operate scheduled passenger
service to and from the United States
using any aircraft with a designed
seating capacity of 30 or more seats. To
be covered, the tarmac delay must have
occurred at a U.S. large hub, medium
hub, small hub or non-hub airport.
Number of Respondents: 61 U.S. and
70 foreign carriers.
Estimated Annual Burden on
Respondents: 0.0 to 22.0 hours per U.S.
respondent (the latter if 44 three-hour
plus tarmac delays must be reported)
and 0.0 to 4 hours per foreign
respondent (the latter if 8 three-hour
plus tarmac delays must be reported).
This is estimating that each report takes
30 minutes to submit.
Estimated Total Annual Burden: 106
hours (6,360 minutes) for all
respondents.
Frequency: One information set to
submit per incident for each respondent
that experiences a tarmac delay of 3
hours or more (212 three-hour plus
tarmac delay reports total were
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submitted in CY16 to the Bureau of
Transportation Statistics).
We invite comments on (a) whether
the 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 comments will also become a matter
of public record on the docket.
Issued this 8th day of November 2017, at
Washington, DC.
Claire W. Barrett,
DOT Chief Privacy & Information Governance
Officer, Office of the Secretary.
[FR Doc. 2017–24834 Filed 11–15–17; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF VETERANS
AFFAIRS
Veterans and Community Oversight
and Engagement Board, Notice of
Meeting
asabaliauskas on DSKBBXCHB2PROD with NOTICES
The Department of Veterans Affairs
(VA) gives notice under the Federal
Advisory Committee Act that the
Veterans and Community Oversight and
Engagement Board (Board) will meet on
December 5–7, 2017, at 11301 Wilshire
Boulevard, Building 500, Room 1281,
Los Angeles, CA, from 9:00 a.m. until
4:00 p.m. (Pacific). Sessions are open to
the public, except when the Committee
is conducting tours of VA facilities,
participating in off-site events, and
participating in workgroup sessions.
Tours of VA facilities are closed, to
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protect Veterans’ privacy and personal
information.
The Board is a statutory board
established by the West Los Angeles
Leasing Act of 2016 on September 29,
2016. The purpose of the Board is to
provide advice and make
recommendations to the Secretary of
Veterans Affairs on: Identifying the
goals of the community and Veteran
partnership; improving services and
outcomes for Veterans, members of the
Armed Forces, and the families of such
Veterans and members; and on the
implementation of the Draft Master Plan
approved by the Secretary on January
28, 2016, and on the creation and
implementation of any successor master
plans.
On Tuesday, December 5, the Board
will convene an open session from 9:00
a.m. to 4:00 p.m. The agenda will
include briefings from officials at the
VA and other VA entities to include:
Training on Federal advisory
committees and Ethics; guidance to the
Board members on their roles and
responsibilities. The Board will be
broken into small groups to participate
in a facilitated working-group activity
for the balance of the day, and report
out to the full committee to complete
the day.
On Wednesday, December 6, the
Board will convene an open session
from 9:00 a.m. to 11:15 a.m. The agenda
will include briefings on the West LA
Leasing Act of 2016, and a detailed
briefing on the Draft Master Plan (with
updates). From 12:30 p.m. to 1:30 p.m.,
the Board will convene in a closed
session as it tours the West LA Campus.
The Board will reconvene an open
session at 1:30 p.m. to 4:00 p.m. at
which, the Board members will once
again participate in Committee
Facilitated discussions followed by
additional facilitated subcommittee
discussions. The day will conclude with
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any closing remarks and guidance from
the Board Chair.
On Thursday, December 7, the Board
will convene an open session from 9:00
a.m. to 12:00 p.m. and will begin with
reports or comments from the
subcommittee facilitated discussion,
and discussion of topics and schedule
for upcoming meetings. Additionally,
time will be allocated for receiving
public comments on December 7, at 9:45
a.m. Public comments shall be limited
to five minutes each. Individuals
wishing to make oral statements before
the Board will be accommodated on a
first come first serve basis. Individuals
who speak are invited to submit a 1–2
page summary of their comments at the
time of the meeting for inclusion in the
official record. The Board will accept
written comments from interested
parties on issues outlined in the meeting
agenda, as well as other issues affecting
identifying the goals of the community
and Veteran partnership; improving
services and outcomes for Veterans,
members of the Armed Forces, and the
families of such Veterans and members;
and on the implementation of the Draft
Master Plan. Such comments should be
sent to Eugene W. Skinner, Jr.,
Designated Federal Officer, Veterans
Experience Office via email to
Eugene.Skinner@va.gov. Note:
Videotaping and/or digital recording is
not permitted at the meeting unless
allowed by the Designated Federal
Officer.
Any member of the public seeking
additional information should contact
Mr. Skinner, via email at
Eugene.Skinner@va.gov or by phone at
(202) 631–7645.
Dated: November 13, 2017.
Jelessa M. Burney,
Federal Advisory Committee Management
Officer.
[FR Doc. 2017–24878 Filed 11–15–17; 8:45 am]
BILLING CODE P
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Agencies
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Pages 53563-53566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24834]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[OST Docket No. DOT-OST-2010-0140]
Notice of Submission of Proposed Information Collection to OMB
AGENCY: Office of the Secretary, Department of Transportation (DOT).
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, as
amended, this notice announces the Department of Transportation's
(Department) intention to reinstate an Office of Management and Budget
(OMB) control number for the collection and posting of certain aviation
[[Page 53564]]
consumer protection-related information from U.S. carriers and foreign
carriers. On April 25, 2011, the DOT issued a final rule that, among
other things, extended existing consumer protection requirements that
previously applied only to U.S. carriers to foreign carriers and
required that certain U.S. and foreign air carriers report tarmac delay
information to the DOT for passenger operations that experience a
tarmac delay time of 3 hours or more at a U.S. airport (See, DOT-OST-
2010-0140). This request seeks to reinstate the control number that is
associated with the information collection requirements in that rule,
OMB Control Number 2105-0561.
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), this notice also announces that the request for
reinstatement of an OMB Control Number for the Information Collection
Request (ICR) abstracted below is being forwarded to the Office of
Management and Budget (OMB) for review and comments. A Federal Register
Notice with a 60-day comment period soliciting comments on the
following information collection was published on May 22, 2017 (82 FR
97 at 23486).
DATES: Comments on this notice must be received by December 18, 2017.
Interested persons are invited to submit comments regarding this
proposal.
ADDRESSES: Send comments regarding the burden estimate, including
suggestions for reducing the burden, to the Office of Management and
Budget, Attention: Desk Officer for the Office of the Secretary of
Transportation, 725 17th Street NW., Washington, DC 20503. Comments may
also be sent via email to OMB at the following address:
oira_submissions@omb.eop.gov.
To ensure that you do not duplicate your docket submissions, please
submit them by only one of the following means:
Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting
comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE., West Building Ground Floor,
Room W-12/140, Washington, DC 20590-0001;
Hand delivery: West Building Ground Floor, Room W-12/140,
1200 New Jersey Ave. SE., between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The telephone number is 202-366-9329.
FOR FURTHER INFORMATION CONTACT: Daeleen Chesley, Office of the
Secretary, Office of the Assistant General Counsel for Aviation
Enforcement and Proceedings (C-70), Department of Transportation, 1200
New Jersey Ave. SE., Washington, DC 20590, 202-366-9342 (voice) 202-
366-7152 (fax) or Daeleen.Chesley@dot.gov.
SUPPLEMENTARY INFORMATION:
Title: Submission of Miscellaneous Information Collection Systems
as Required by the Department's Rules to Enhance Airline Passenger
Protections.
OMB Control Number: 2105-0561.
On April 25, 2011, the Department issued a rule to enhance airline
passenger protections that, among other things, extended to foreign
carriers the requirement to post tarmac delay plans, customer service
plans, and contracts of carriage on their Web sites. This requirement
had previously only applied to U.S. carriers. Airlines are also
required to adopt a Customer Service Plan, audit adherence to the plan
annually, and retain the results for two years. In addition, a prior
rule issued on December 30, 2009, required that each reporting air
carrier (i.e., currently U.S. carriers that account for at least 1
percent of domestic scheduled passenger revenues) display on its Web
site information on each listed flights' on-time performance for the
previous month for both the carrier's flights and those of its non-
reporting code-share carriers. The rules also require that U.S. air
carriers that operate passenger service and foreign air carriers that
operate scheduled passenger service to or from the U.S. retain for two
years certain information about any ground delay that lasts at least
three hours.
The Paperwork Reduction Act of 1995 (PRA) and its implementing
regulations, 5 CFR part 1320, require Federal agencies to issue two
notices seeking public comment on information collection activities
before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR
1320.5, 1320.8(d)(1), 1320.12. On May 22, 2017, OST published a 60-day
notice in the Federal Register soliciting comment on ICRs for which the
agency was seeking OMB approval (82 FR 97 at 23486). OST received one
comment after issuing this notice. The commenter, Airport Council
International (ACI) strongly supported the renewal of this control
number. Accordingly, the Department announces that these information
collection activities have been re-evaluated and certified under 5 CFR
1320.5(a) and forwarded to OMB for review and approval pursuant to 5
CFR 1320.12(c).
Before OMB decides whether to approve these proposed collections of
information, it must provide 30 days for public comment. 44 U.S.C.
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or
disapprove paperwork packages between 30 and 60 days after the 30-day
notice is published. 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d); see also
60 FR 44978, 44983 (Aug. 29, 1995). The 30-day notice informs the
regulated community to file relevant comments to OMB and affords the
agency adequate time to digest public comments before it renders a
decision. 60 FR 44983 (Aug. 29, 1995). Therefore, respondents should
submit their respective comments to OMB within 30 days of publication
to best ensure their full consideration. 5 CFR 1320.12(c); see also 60
FR 44983 (Aug. 29, 1995).
This notice addresses five information collection requirements
concerning information collection requirements set forth in the
Department's airline passenger protection rules. The reinstated OMB
control number will be applicable to all information collection systems
set forth in this notice. For each of these information collections,
the title, a description of the respondents, and an estimate of the
annual recordkeeping and periodic reporting burden (rounded to the
nearest hour) are set forth below:
1. Requirement to post customer service plans and contracts of
carriage on a carrier's Web site. (259.2 and 259.6).
Title: Posting of Customer Service Plan and Contract of Carriage on
Web site.
Respondents: U.S. carriers that operate scheduled passenger or
public charter service and foreign air carriers operating scheduled
passenger or public charter service to or from the United States, using
any aircraft with a designed seating capacity of 30 or more seats.
Applicable to U.S. carriers that have a Web site and foreign carriers
that have a Web site marketed toward U.S. consumers.
Estimated Number of Respondents: 45 U.S. airlines and 65 foreign
carriers.
Estimated Annual Burden on Respondents: 15 minutes per year for
each U.S. carrier and foreign carrier. The estimate was calculated by
multiplying the estimated time (15 min) to post an updated copy of the
carrier's customer service and/or contract of carriage on its Web site
per year (if changes are made) by the number of updates per carrier in
each year (1) for U.S and foreign carriers.
Estimated Total Burden on Respondents: 28 hours (1,680 minutes,
average of 15 minutes per U.S. carrier to post plans and contracts of
carriage on Web site).
Frequency: One time per respondent.
[[Page 53565]]
2. Requirement to retain for two years information about any tarmac
delay that lasts at least three hours. (259.2 and 259.4).
Title: Retaining Ground Delay Information.
Respondents: U.S. carriers that operate or market scheduled or
public charter passenger service using any aircraft with a designed
seating capacity of 30 or more seats, and foreign air carriers that
operate or market scheduled or public charter passenger service to and
from the United States using any aircraft with a designed seating
capacity of 30 or more seats. To be covered, the tarmac delay must have
occurred at a U.S. large hub, medium hub, small hub or non-hub airport.
Estimated Number of Respondents: 61 U.S. and 93 foreign carriers.
Estimated Annual Burden on Respondents: A maximum of 88 hours
(5,280 minutes) for a U.S. respondent and a maximum of 32 hours (1,920
minutes) for a foreign respondent. The estimate was calculated
multiplying the estimated time to retain information about one ground
delay (2 hours) by the total number of ground delay incidents lasting
at least three hours per U.S. respondent (a maximum of 44 incidents,
derived from analysis of tarmac delays for CY2016). For foreign
respondents, the estimate was similarly calculated by multiplying the
estimated time to retain information about one ground delay (4 hours)
by the total number of ground delay incidents lasting at least three
hours for CY2016 (a maximum of 8 incidents).
Estimated Total Annual Burden: A maximum of 680 hours (40,800
minutes) for all respondents. For U.S. carriers, the subtotal was
determined by multiplying the sum of the total per report time (2
hours) for U.S. carriers by the total number of CY2016 ground delay
incidents lasting at least three hours for all U.S. carriers (84 total
incidents). For foreign carriers the subtotal was determined by
multiplying the per report time (4 hours) for foreign carriers
multiplied by the total number of ground delay incidents lasting at
least three hours for the foreign carriers (168 total incidents). The
estimate was calculated by adding the sum of the two subtotals for all
CY2016 tarmac delays lasting at least three hours (168 hours for U.S.
carriers plus 512 hours for foreign carriers).
Frequency: A maximum of 44 ground delay information sets to retain
per year for a single respondent. (N.b. Some air carriers may not
experience any ground delay incidents of at least three hours in each
year, while one air carrier experienced 44 three-hour plus delays in
CY2016 per data reported to the Bureau of Transportation Statistics).
3. Requirement that certain U.S. and foreign air carriers retain
for two years the results of its annual self-audit of its compliance
with its Customer Service Plan. (259.2 and 259.5)
Title: Retaining Self-audit of Customer Service Plan.
Respondents: U.S. carriers that operate scheduled passenger service
using any aircraft with a designed seating capacity of 30 or more
seats, and foreign air carriers that operate scheduled passenger
service to and from the United States using any aircraft with a
designed seating capacity of 30 or more seats. Applicable to U.S.
carriers that have a Web site and foreign carriers that have a Web site
marketed toward U.S. consumers.
Number of Respondents: 45 U.S. and 65 foreign carriers.
Estimated Annual Burden on Respondents: 15 minutes per year for
each respondent. The estimate was calculated by multiplying the
estimated time to retain a copy of the carrier's self-audit of its
compliance with its Customer Service Plan by the number of audits per
carrier in a given year (1).
Estimated Total Annual Burden: A maximum of 28 (1,680 minutes) for
all respondents. The estimate was calculated by multiplying the time in
a given year for each carrier to retain a copy of its self-audit of its
compliance with its Customer Service Plan (15 minutes) by the total
number of covered carriers (115 carriers).
Frequency: One information set to retain per year for each
respondent.
4. Requires that each large U.S. carrier display on its Web site,
at a point before the consumer selects a flight for purchase, the
following information for each listed flight regarding its on-time
performance during the last reported month: The percentage of arrivals
that were on time (within 15 minutes of scheduled arrival time), the
percentage of arrivals that were more than 30 minutes late (with
special highlighting if the flight was more than 30 minutes late more
than 50 percent of the time), and the percentage of flight
cancellations if the flight is cancelled more than 5% of the time. In
addition, a marketing/reporting carrier display delay data for its non-
reporting code-share carrier(s). (234.11)
Title: Displaying On-time performance Information on Carrier Web
site.
Respondents: Currently every U.S. carrier that accounts for at
least one percent of scheduled passenger revenue and maintains a Web
site. For travel on or after January 1, 2018, every U.S. carrier that
accounts for at least 0.5 percent and less than 1.0 percent of domestic
scheduled passenger revenue and that market flights directly to
consumers via a Web site.
Number of Respondents: 10 carriers presently; 11 carriers beginning
January 1, 2018.
Estimated Annual Burden on Respondents: 2 hours per month (24
hours) to cover both updates of a carrier's own delay data and updates
of code-share delay data.
Estimated total annual burden: No more than 264 hours (15,840
minutes) a year for all respondents. The estimate was calculated by
multiplying the total number of hours per carrier per year for
management of data links (24) by the number of currently covered
carriers (11). For the first year, the annual burden will also include
the 4,673 (280,380) hours for one newly reporting carrier.
Frequency: Updating information for each flight listed on Web site
12 times per year (1 time per month) for each respondent (for both own
carrier delay data and code-share delay data).
5. Requirement that certain carriers report tarmac delay data for
tarmac delays exceeding 3 hours to the Department monthly. (244.2)
Title: Reporting Tarmac Delay Data for Tarmac Delays Exceeding 3
Hours (to the extent such information is not reported by U.S. carriers
under 14 CFR part 234).
Respondents: U.S. carriers that operate scheduled passenger service
or public charter service using any aircraft with a designed seating
capacity of 30 or more seats, and foreign air carriers that operate
scheduled passenger service to and from the United States using any
aircraft with a designed seating capacity of 30 or more seats. To be
covered, the tarmac delay must have occurred at a U.S. large hub,
medium hub, small hub or non-hub airport.
Number of Respondents: 61 U.S. and 70 foreign carriers.
Estimated Annual Burden on Respondents: 0.0 to 22.0 hours per U.S.
respondent (the latter if 44 three-hour plus tarmac delays must be
reported) and 0.0 to 4 hours per foreign respondent (the latter if 8
three-hour plus tarmac delays must be reported). This is estimating
that each report takes 30 minutes to submit.
Estimated Total Annual Burden: 106 hours (6,360 minutes) for all
respondents.
Frequency: One information set to submit per incident for each
respondent that experiences a tarmac delay of 3 hours or more (212
three-hour plus tarmac delay reports total were
[[Page 53566]]
submitted in CY16 to the Bureau of Transportation Statistics).
We invite comments on (a) whether the 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 comments will also become a matter of
public record on the docket.
Issued this 8th day of November 2017, at Washington, DC.
Claire W. Barrett,
DOT Chief Privacy & Information Governance Officer, Office of the
Secretary.
[FR Doc. 2017-24834 Filed 11-15-17; 8:45 am]
BILLING CODE 4910-9X-P