Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Notices 85729 

the ‘‘primary pipeline operator’’. For 

shared D&A programs, the ‘‘primary 

operator’’ must be identified to PHMSA 

through Safety Program Relationship 

(SPR) data before submitting a DAMIS 

report. Operators are reminded to 

review their D&A program records to 

check the SPR status of their D&A 

program. If changes are needed to 

properly align the SPR data with the 

operator’s D&A program, the operator 

must make a written notification to 

PHMSA. 

The PHMSA regulations governing 

DAMIS reporting (§§ 199.119 and 

199.229) are based on whether the 

primary operator is a large operator or 

a small operator. Pursuant to 

§§ 199.119(a) and 199.229(a), a large 

operator is an operator with more than 

50 covered employees. Large operators 

are required to submit a DAMIS report 

each calendar year. Pursuant to 

§§ 199.119(a) and 199.229(a), a small 

operator is an operator with 50 or fewer 

covered employees. Small operators are 

only required to submit a DAMIS report 

if the operator receives a ‘‘written 

notice’’ from PHMSA requesting a 

report. PHMSA transmits written 

notices as messages in the PHMSA 

Portal in late December each calendar 

year. 

To calculate the number of D&A 

covered employees to determine 

whether an operator is a large or small 

primary operator, include all covered 

employees of the primary operator plus 

all covered employees of any business 

units included in the DAMIS report 

under a shared D&A program. If your 

covered employees are in a random drug 

testing pool managed by a consortium, 

count only your own covered 

employees. If you have any covered 

employees subject to D&A testing under 

more than one DOT agency, count only 

those employees who were D&A tested 

under PHMSA, which is the agency 

selected on the Federal Drug Testing 

Custody and Control Form (CCF) or on 

the Alcohol Testing Form. While 

contractor employees are covered 

employees requiring D&A testing, 

contractor employees are not used to 

calculate whether a ‘‘primary pipeline 

operator’’ is a large or small operator. 

Therefore, do not include contractor 

employees in the above calculations. 

Pipeline operators are no longer 

required to ‘‘accept’’ contractor reports. 

Instead, an operator will simply list the 

contractor and the contractor’s DAMIS 

report automatically becomes part of the 

operator’s report once the contractor has 

submitted its report to DAMIS. 

Furthermore, operators will not be able 

to view contractor data reports through 

DAMIS, but can get the report directly 

from the contractor, if they so desire. 

For each contractor listed by a 

primary operator, DAMIS will show if a 

Login.gov invitation has been generated 

for the contractor. If no Login.gov 

invitation has been created for the 

contractor or if the Login.gov invitation 

was created for the wrong email 

address, the primary operator can 

generate a new Login.gov invitation by 

entering a new email address for the 

contractor. This email address cannot 

already be in use to access DAMIS for 

a primary operator or a different 

contractor. 

Primary Operator MFA Login: In 

September 2023, PHMSA 

communicated by email with primary 

operators to confirm the email address 

of the person who will submit the 

primary operator’s DAMIS report. These 

confirmed email addresses will be 

loaded into DAMIS by the end of 

calendar year 2023. In early January 

2024, DAMIS will generate a one-time/ 

one-use Login.gov invitation for the 

confirmed email addresses. PHMSA will 

also make Login.gov invitations 

available in the PHMSA Portal. 

Contractor DAMIS Reporting 

Because contractors do not have 

OPIDs, PHMSA uses a Business Tax 

Identification Number (BTIN) to track 

contractors in the DAMIS database. 

A contractor may perform D&A 

covered functions for one pipeline 

operator or multiple operators. 

Additionally, a contractor may be local, 

regional, or nationwide, and/or may 

operate from a single location or from 

multiple locations. Regardless, the clear 

intent is for PHMSA and DOT to collect 

contractor D&A test data that is 

complete, accurate, and nonrepetitive. 

Accordingly, each contractor must 

prepare a single, complete, and accurate 

DAMIS report that includes all its D&A 

covered employees and all their DOT 

D&A test data. A contractor does not 

prepare or submit a separate and 

distinct DAMIS report for each pipeline 

operator or for a contractor’s separate 

offices or locations unless those offices 

are distinct and separate under their 

own BTIN. Moreover, a contractor must 

not report the same covered employees 

and the same D&A tests in more than 

one BTIN. If a contractor has more than 

one BTIN, the contractor must allocate 

individual employees and their D&A 

tests results among the BTINs for which 

they actually worked, or report all the 

contractor’s employees and test results 

under one BTIN. 

PHMSA does not need or require a 

DAMIS report from each BTIN. PHMSA 

requires a valid set of contractor D&A 

test data that reflects the complete and 

accurate picture of who the contractor 

D&A tested and what the results of those 

tests were. PHMSA does not want 

covered employees or D&A tests to be 

reported more than once. If test results 

can be reported under one BTIN, that is 

acceptable. 

PHMSA also recognizes that some 

pipeline operators perform D&A covered 

functions for other PHMSA regulated 

pipeline operators. While this may take 

place under a contract, pipeline 

operators with an OPID must never be 

listed as a contractor by any other 

pipeline operator in a DAMIS report. 

Contractor MFA Login: MFA will 

allow access for contractors to enter 

their D&A testing data directly into 

DAMIS. In September 2023, PHMSA 

communicated by email with 

contractors to confirm the email address 

of the person who will submit the 

contractor DAMIS report. These 

confirmed email addresses will be 

loaded into DAMIS by the end of 

calendar year 2023. In early January 

2024, DAMIS will generate a one-time/ 

one-use Login.gov invitation for the 

confirmed email address. Contractors 

can also request a new Login.gov 

invitation for a new email address by 

sending a request to 

PHMSAPipelineDAMIS@dot.gov. 

Any primary operator can generate a 

new Login.gov invitation for a contractor 

by entering an email address that is not 

already established with Login.gov 

access to DAMIS. 

Issued in Washington, DC on December 1, 

2023, under authority delegated in 49 CFR 

1.97. 

Alan K. Mayberry, 

Associate Administrator for Pipeline Safety. 

[FR Doc. 2023–27037 Filed 12–7–23; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Bureau of Transportation Statistics 

[Docket ID Number: DOT–OST–2014–0031] 

Agency Information Collection: 

Activity Under OMB Review: Report of 

Passengers Denied Confirmed 

Space—BTS Form 250 

AGENCY: Office of the Assistant 

Secretary for Research and Technology 

(OST–R), Bureau of Transportation 

Statistics (BTS), DOT. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, this 

notice announces that the Information 

Collection Request (ICR) abstracted 

below is being forwarded to the Office 


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85730 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Notices 

of Management and Budget (OMB) for 

an extension of a previously approved 

collection. The ICR describes the nature 

of the information collection and its 

expected burden. The Federal Register 

Notice with a 60-day comment period 

soliciting comments on the following 

collection of information was published 

on September 5, 2023. There were no 

comments. As the September 5, 2023, 

Notice solicits comments from the 

public on whether it is appropriate for 

the Department to continue to collect 

information on oversales from airlines, 

the issues raised by these comments are 

beyond the scope of this Notice and will 

not be addressed here. Specifically, 

having obsolete regulations that allow 

three legacy carriers and one discount 

carrier to control 80% of the domestic 

aviation market, while banning foreign 

competitors from offering U.S. domestic 

flights, and allowing airlines to book to 

100% capacity or overbook to increase 

their revenue stream. With respect to 

the overbooking comment, the FAA has 

no jurisdiction in this matter, however, 

the Department does. And although it is 

not the Department’s policy or purpose 

to dictate how airlines internally 

manage their business; this ended with 

deregulation of the aviation industry in 

1979, it is the Department’s policy and 

purpose to protect and standardize how 

the airlines treat their passengers. 

DATES: Written comments should be 

submitted by January 8, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Cecelia Robinson, Office of Airline 

Information, RTS–42, OST–R, BTS, 

1200 New Jersey Avenue SE, 

Washington, DC 20590–0001, 

Telephone Number (202) 893–0515, Fax 

Number (202) 366–3383 or email 

cecelia.robinson@dot.gov. 

Comments: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

SUPPLEMENTARY INFORMATION: Title 14 of 

the Code of Federal Regulations, part 

250, addresses how airlines are to 

conduct their overbooking processes 

and compensate passengers in the event 

of an overbooking. 

OMB Approval No.: 2138–0018. 

Title: Report of Passengers Denied 

Confirmed Space. 

Form No.: BTS Form 250. 

Type of Review: Extension of a 

currently approved collection. 

U.S. Air Carriers for Flights They 

Operate 

Respondents: Large certificated air 

carriers. 

Number of Respondents: 15. 

Number of Quarterly Responses: 60. 

Number of Hours per Response: 10. 

Total Annual Burden: 600 hours. 

U.S. Air Carriers for Codeshare Flights 

They Market 

Respondents: Large certificated air 

carriers. 

Number of Respondents: 4. 

Number of Responses: 16. 

Number of Hours per Response: 6. 

Total Annual Burden: 96 hours. 

Needs and Uses: BTS Form 250 is a 

one-page report on the number of 

passengers denied seats either 

voluntarily or involuntarily, whether 

these bumped passengers were provided 

alternate transportation and/or 

compensation, and the amount of the 

payment. On November 3, 2016, the 

Department published a Final Rule (see 

81 FR 76800) that changed the number 

of U.S. air carriers that account for at 

least 1 percent to half of one percent of 

domestic scheduled-service passenger 

revenues who must report all operations 

with 30 seat or larger aircraft that depart 

a U.S. airport. 

Carriers do not report data from 

inbound international flights because 

the protections of 14 CFR part 250 

Oversales do not apply to these flights. 

The report allows the Department to 

monitor the effectiveness of its oversales 

rule and take enforcement action when 

necessary. The involuntarily deniedboarding rate has decreased from 4.38 

per 10,000 passengers in 1980 to 0.24 

per 10,000 passengers in 2019. The 

publishing of the carriers’ individual 

denied boarding rates has negated the 

need for more intrusive regulation. The 

rate of denied boarding can be examined 

as a continuing fitness factor. This rate 

provides an insight into a carrier’s 

customer service practices. A rapid 

sustained increase in the rate of denied 

boarding may indicate operational 

difficulties. Because the rate of denied 

boarding is released quarterly, travelers 

and travel agents can select carriers with 

lower incidences of denied boardings. 

This information is available in the Air 

Travel Consumer Report at: http://

airconsumer.ost.dot.gov/reports/ 

index.htm. The Air Travel Consumer 

Report is also sent to newspapers, 

magazines, and trade journals. Without 

Form 250, determining the effectiveness 

of the Department’s oversales rule 

would be impossible. 

The Confidential Information 

Protection and Statistical Efficiency Act 

of 2002 (44 U.S.C. 3501 note), requires 

a statistical agency to clearly identify 

information it collects for non-statistical 

purposes. BTS hereby notifies the 

respondents and the public that BTS 

uses the information it collects under 

this OMB approval for non-statistical 

purposes including, but not limited to, 

publication of both Respondent’s 

identity and its data, submission of the 

information to agencies outside BTS for 

review, analysis, and possible use in 

regulatory and other administrative 

matters. 

Issued in Washington, DC, on December 4, 

2023. 

William Chadwick, Jr., 

Director, Office of Airline Information, U.S. 

Department of Transportation. 

[FR Doc. 2023–26847 Filed 12–7–23; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF THE TREASURY 

Bureau of the Fiscal Service 

Application and Renewal Fees 

Imposed on Surety Companies and 

Reinsuring Companies; Increase in 

Fees Imposed 

AGENCY: Bureau of the Fiscal Service, 

Treasury. 

ACTION: Notice of fees imposed on surety 

companies and reinsuring companies. 

SUMMARY: The Department of the 

Treasury, Bureau of the Fiscal Service, 

is increasing the fees it imposes on and 

collects from surety companies and 

reinsuring companies, effective January 

1, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Melvin Saunders, at (304) 480–5108 or 

melvin.saunders@fiscal.treasury.gov; or 

Bobbi McDonald, at (304) 480–7098 or 

bobbi.mcdonald@fiscal.treasury.gov. 

SUPPLEMENTARY INFORMATION: The 

Independent Offices Appropriations Act 

of 1952 (IOAA), codified at 31 U.S.C. 

9701, authorizes Federal agencies to 

establish fees for a service or thing of 

value provided by the agency to 

members of the public. Office of 

Management and Budget Circular A–25 

allows agencies to impose user fees for 

services that confer a special benefit to 

identifiable recipients beyond those 

accruing to the general public. Pursuant 

to 31 CFR 223.22, Treasury imposes fees 

on surety companies and reinsuring 

companies seeking to obtain or renew 

certification or recognition from 

Treasury. The fees imposed and 

collected cover the costs incurred by the 

Government for services performed 

reviewing, analyzing, and evaluating the 


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