73188 Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Notices 

4 49 U.S.C. 30113(b)(3)(B)(iii). 

5The exemption would make easier the 

development or field evaluation of a new motor 

vehicle safety or impact protection features 

providing a safety or impact protection level at least 

equal to that of the standard. 

6The exemption would make the development or 

field evaluation of a low-emission vehicle easier 

and would not unreasonably lower the safety or 

impact protection level of that vehicle. 

distinct. For example, Damon states that 

unlike the fixed ergonomics of 

conventional motorcycles, its adjustable 

ergonomics system (SHIFT) provides the 

user more freedom and control for 

different riding styles. Damon explains 

that using the left handlebar rear brake 

position to accommodate and 

implement this adjustable ergonomics 

system will be less complex and avoid 

the challenges of having the foot brake 

also change position. Further, Damon 

states that locating SHIFT on the 

handlebar brake position will allow it 

more design freedom to optimize 

bodywork for the vehicle to reduce drag 

and increase the overall efficiency of the 

HyperSport. 

The second basis is that an exemption 

would make the development or field 

evaluation of a low-emission vehicle 

easier without unreasonably lowering 

the safety of that vehicle.4 In support of 

this basis, Damon states that its 

HyperSport qualifies as a low-emission 

vehicle because no emissions are 

produced during operation. Damon 

explains that the HyperSport has an allelectric powertrain. 

To demonstrate that the HyperSport 

meets the minimum safety levels 

required for an exemption under either 

49 CFR 555.6(b) 5 or 49 CFR 555.6(c),6

Damon states that the absence of a rear 

brake control at the right foot location 

does not significantly reduce the level of 

safety afforded to the user, and that the 

HyperSport’s added safety features, 

including an advanced warning system 

and ABS, improve the overall level of 

safety of the motorcycle. Damon states 

the HyperSport’s brake system is 

designed to surpass the performance 

requirements of FMVSS No. 122, which 

measures braking performance. Further, 

Damon points out that from 1999–2005 

NHTSA granted exemptions for motor 

scooters with rear brake controls on the 

left handlebar, and that a 2000 Carter 

Engineering study submitted with a 

similar petition for exemption found no 

response-time detriment in moving the 

rear brake control from the right foot 

location to the left handlebar. Damon 

states the study found operators 

responded 21 percent faster to the 

braking stimulus with handlebarmounted rear brake controls. 

Damon contends that based on this 

report there is likely no difference in the 

physical response time for operators of 

motorcycles compared to operators of 

scooters. Damon also points out that 

motor scooter manufacturers were 

afforded the opportunity to bring their 

vehicles to market in support of 

gathering future data, and that the 

granting of this petition would allow 

Damon’s HyperSport to do the same. 

Finally, Damon notes that although 

FMVSS No. 123 reserves the left 

handlebar for the clutch lever or as a 

supplemental position for the rear brake 

on motorcycles with an automatic 

transmission, other markets like Europe 

and Canada allow manufacturers to use 

the left handlebar for the rear brake 

control, and that this exemption would 

promote international harmonization. 

IV. Comment Period 

The agency seeks comment from the 

public on the merits of Damon’s 

application for a temporary exemption 

from the motorcycle rear brake control 

requirements in paragraph S5.2.1 (table 

1) of FMVSS No. 123. The agency has 

not made any judgment on the merits of 

the application and is placing a nonconfidential copy of the petition in the 

docket. We are providing a 30-day 

comment period. After considering 

public comments and other available 

information, we will publish a notice of 

final action on the application in the 

Federal Register. 

Authority: 49 U.S.C. 30113; delegation 

of authority at 49 CFR 1.95 and 501.5. 

Sophie Shulman, 

Deputy Administrator. 

[FR Doc. 2024–20195 Filed 9–6–24; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket ID Number: DOT–OST–2010–0140] 

Notice of Submission of Proposed 

Information Collection to OMB 

AGENCY: Office of the Secretary, 

Department of Transportation. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 

(PRA), as amended, this notice 

announces the Department of 

Transportation’s (Department or DOT) 

intention to reinstate Office of 

Management and Budget (OMB) Control 

Number 2105–0561 for the collection 

and posting of certain aviation 

consumer protection-related 

information from U.S. carriers and 

foreign carriers. The subject information 

collections relate to requirements in the 

Code of Federal Regulations (CFR) for 

the development and auditing of carrier 

customer service plans, reporting of 

tarmac delays, display of on-time 

performance, and the posting of various 

consumer protection documents on 

carrier websites. The Control Number 

expired on August 31, 2024. 

DATES: Comments on this notice must be 

received by October 9, 2024. Interested 

persons are invited to submit comments 

regarding this proposal. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection review (ICR) 

should be sent within 30 days of 

publication of this notice to 

www.reginfo.gov/public/do/PRAMain. 

Find this particular ICR by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

FOR FURTHER INFORMATION CONTACT: 

Alexa Strong or Hannah Cohen, Office 

of the Secretary, Office of Aviation 

Consumer Protection (C–70), U.S. 

Department of Transportation, 1200 

New Jersey Ave. SE, Washington, DC 

20590, at Alexa.Strong@dot.gov or 

Hannah.Cohen@dot.gov (Email). 

Arrangements to receive this document 

in an alternative format may be made by 

contacting the above-named 

individuals. 

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 December 30, 2009 and April 25, 

2011, the Department issued two rules 

to enhance airline passenger protections 

that, among other things, required U.S. 

and foreign carriers to adopt and audit 

a customer service plan, retain 

information regarding tarmac delays, 

submit data regarding tarmac delays, 

and post tarmac delay plans, customer 

service plans, and contracts of carriage 

on their websites. The 2009 rule also 

required U.S. carriers that file on-time 

performance reports under 14 CFR part 

234 (‘‘reporting carriers’’) to display the 

on-time performance of domestic flights 

on their websites. A 2016 rule then 

expanded the definition of U.S. carriers 

considered reporting carriers. 

On May 3, 2021, the Department 

issued a rule amending its tarmac delay 

requirements. Among other things, the 

rule narrowed the tarmac delay data 

reporting requirements in 14 CFR part 

244 to those delays considered 


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Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Notices 73189 

1OMB control number 2105–0568, which expires 

August 31, 2027, addresses the information 

collection relating to carriers uploading documents 

to ACERs. 

2The burden hours for this information collection 

were previously 15 minutes per carrier. The burden 

hours have been increased to 55 minutes per carrier 

to account for additional time carriers may need to 

update their customer service plans prior to posting 

them on their websites. 

‘‘excessive tarmac delays’’ (i.e., those 

tarmac delays exceeding 3 hours on 

domestic flights and 4 hours on 

international flights). The amended rule 

also required carriers to file a narrative 

report regarding such tarmac delays and 

eliminated the requirement to retain the 

delay information for two years. 

Currently, the Department’s Office of 

Aviation Consumer Protection (OACP) 

is implementing development of the 

Aviation Complaint, Enforcement, and 

Reporting System (ACERS), a database 

that it intends to require carriers to use 

when submitting tarmac delay 

information as required under 14 CFR 

part 259.1 After implementation, ACERS 

will help streamline the process by 

which OACP receives, reviews, and 

analyzes the narrative reports submitted 

by carriers. 

The PRA and its implementing 

regulations, 5 CFR part 1320, require 

Federal agencies to issue two notices, a 

60-day notice followed by a 30-day 

notice, seeking public comment on 

information collection activities before 

OMB may approve paperwork packages. 

On May 21, 2024, the Department 

published a 60-day notice in the Federal 

Register soliciting comment on the 

information collections for which it is 

seeking OMB approval. See 89 FR 44758 

(May 21, 2024). The Department 

received no comments after issuing this 

notice. Accordingly, the Department 

announces that these information 

collection activities have been reevaluated and certified under 5 CFR 

1320.5(a) and forwarded to OMB for 

review and approval pursuant to 5 CFR 

1320.12(c). 

A Federal agency generally cannot 

conduct or sponsor a collection of 

information, and the public is generally 

not required to respond to an 

information collection, unless it is 

approved by OMB under the PRA and 

displays a currently valid OMB Control 

Number. In addition, notwithstanding 

any other provisions of law, no person 

shall generally be subject to penalty for 

failing to comply with a collection of 

information if the collection of 

information does not display a valid 

OMB Control Number. See 5 CFR 

1320.5(a) and 1320.6. 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 set forth in the 

Department’s airline passenger 

protection rules: (1) posting of tarmac 

delay plans, customer service plans, and 

contracts of carriage on carrier websites, 

(2) submission of a narrative report 

regarding tarmac delays that last over 

three hours for domestic flights and four 

hours for international flights, (3) 

adoption and audit of customer service 

plans and retention of results, (4) 

display of on-time performance data on 

carrier websites, and (5) submission of 

a data report for tarmac delays that last 

over three hours for domestic flights and 

four hours for international flights. It 

seeks reinstatement of the OMB control 

number with respect to all information 

collections 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 burdens are set forth below: 

1. Requirement to post tarmac delay 

plans, customer service plans, and 

contracts of carriage on a carrier’s 

website. (14 CFR 259.2 and 259.6) 

Title: Posting of Tarmac Delay Plan, 

Customer Service Plan, and Contract of 

Carriage on website. 

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 website and foreign carriers that 

have a website marketed toward U.S. 

consumers. 

Estimated Number of Respondents: 44 

U.S. air carriers and 112 foreign air 

carriers. 

Estimated Total Burden on 

Respondents: 143 hours (8,580 minutes, 

average of 55 minutes per carrier to post 

plans and contracts of carriage on 

website). The burden calculation 

accounts for additional time carriers 

may spend updating the contents of 

their customer service plans to comply 

with recent amendments to 14 CFR 

259.5, which the Department anticipates 

will be a one-time update for 

carriers.2 See 89 FR 32760 (April 26, 

2024) (required carrier customer service 

plans (1) to disclose that consumers are 

entitled to a refund if this is the case 

when offering travel credits, vouchers, 

or other compensation in lieu of 

refunds, and to disclose any material 

restrictions, conditions, or limitations 

on travel credits, vouchers, or other 

compensation offered, regardless of 

whether consumers are entitled to a 

refund and (2) to include a statement 

regarding compliance with the 

requirements of part 262 regarding 

vouchers for consumers in 

circumstances relating to serious 

communicable diseases). 

Frequency: One time per respondent. 

2. Requirement to file a narrative 

report with OACP of each flight that 

experiences a tarmac delay of more than 

three hours (domestic flights) and more 

than four hours (international flights) 

(14 CFR 259.4(g)). 

Title: Reporting of Tarmac Delays in 

a Narrative Format That Complies with 

49 U.S.C. 42301(h). 

Respondents: U.S. Carriers that 

operate scheduled passenger service or 

public charter service using any aircraft 

with 30 or more seats, and foreign air 

carriers that operate scheduled 

passenger or public charter service to 

and from the United States using any 

aircraft with 30 or more seats. 

Estimated Number of Respondents: 44 

U.S. air carriers and 112 foreign air 

carriers. 

Estimated Annual Burden on 

Respondents: 2 hours per report for U.S. 

carriers and 4 hours per report for 

foreign carriers. The expected burden 

per U.S. carrier is between 0 and 147 

reports per year, and the expected 

burden per foreign carrier is between 0 

and 2 reports per year (based on the 

highest annual number of tarmac delays 

experienced by a single U.S. and foreign 

carrier from 2022 and 2023), or 0.0 to 

294.0 hours of burden per U.S. carrier 

and 0.0 to 8.0 hours of burden per 

foreign carrier. 

Estimated Total Annual Burden: 

Based on the average number of tarmac 

delay reports filed with OACP by each 

type of carrier from 2022 through 2023, 

358 reports for U.S. carriers and 10 

reports for foreign carriers, or a total of 

756 hours (358 reports multiplied by 2 

hours per report for U.S. carriers, and 10 


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73190 Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Notices 

reports multiplied by 4 hours for foreign 

carriers). 

Frequency: One report per respondent 

for each tarmac delay. 

3. Requirement that certain U.S. and 

foreign air carriers adopt a Customer 

Service Plan and retain for two years the 

results of its annual self-audit of its 

compliance with its Customer Service 

Plan. (14 CFR 259.2 and 259.5) 

Title: Adopting a Customer Service 

Plan and 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. 

Number of Respondents: 44 U.S. air 

carriers and 112 foreign air carriers. 

Estimated Annual Burden on 

Respondents: 15 minutes per year for 

each respondent. The estimate was 

calculated by multiplying the estimated 

time for carriers to maintain an updated 

Customer Service Plan and 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). The initial costs of 

adopting a Customer Service Plan are 

not included in this estimate as most 

covered carriers initially adopted such 

plans when the requirement was 

promulgated in 2009 (for U.S. carriers) 

and 2011 (for foreign carriers). 

Estimated Total Annual Burden: A 

maximum of 39 hours (2,340 minutes) 

for all respondents. The estimate was 

calculated by multiplying the time in a 

given year for each carrier to maintain 

an updated Customer Service Plan and 

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 (156 carriers). 

Frequency: One information set to 

maintain and retain per year for each 

respondent. 

4. Requirement that each large U.S. 

carrier display on its website, 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, 

the requirement that a marketing/ 

reporting carrier display delay data for 

its non-reporting codeshare carrier(s). 

(14 CFR 234.11) 

Title: Displaying On-time 

performance Information on Carrier 

website. 

Respondents: U.S. carriers that 

operate scheduled passenger service 

that account for at least 0.5 percent of 

domestic scheduled passenger revenue 

and that market flights directly to 

consumers via a website. 

Number of Respondents: 15 carriers. 

Estimated Annual Burden on 

Respondents: 2 hours per month (24 

hours annually) 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 360 hours (21,600 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 covered carriers (15). 

Frequency: Updating information for 

each flight listed on website 12 times 

per year (1 time per month) for each 

respondent (for both a carrier’s own 

delay data and code-share delay data). 

5. Requirement that carriers report 

certain tarmac delay data to BTS for 

each tarmac delay exceeding 3 Hours 

(for domestic flights) and exceeding 4 

Hours (for international flights) (14 CFR 

244.3) 

Title: Reporting Tarmac Delay Data to 

BTS for Tarmac Delays Exceeding 3 

Hours (for Domestic Flights) and 4 

Hours (for International Flights). 

Respondents: U.S. carriers that 

operate scheduled passenger service or 

public charter service using any aircraft 

with 30 or more seats, and foreign air 

carriers that operate scheduled 

passenger or public charter service to 

and from the United States using any 

aircraft with 30 or more seats. 

Number of Respondents: 44 U.S. air 

carriers and 112 foreign air carriers. 

Estimated Annual Burden on 

Respondents: 30 minutes per report 

filed. The expected burden per U.S. 

carrier is between 0 and 147 reports per 

year, and the expected burden per 

foreign carrier is between 0 and 2 

reports per year (based on the highest 

and lowest number of reports submitted 

by each individual U.S. and foreign 

carrier from 2022 and 2023), or 0.0 to 

73.5 hours of burden per U.S. carrier 

and 0.0 to 1.0 hours of burden per 

foreign carrier. 

Estimated Total Annual Burden: 

Based on an average number of tarmac 

delays reported to BTS for 2022 and 

2023, the estimated annual burden is 

368 reports for U.S. carriers and foreign 

carriers, or a total of 184 hours (368 

reports multiplied by 30 minutes per 

report). 

Frequency: One report per respondent 

for each tarmac delay. 

We invite comments on (a) whether 

the collection of information is 

necessary for the proper performance of 

the functions of DOT, including 

whether the information will have 

practical utility; (b) the accuracy of 

DOT’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 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 on 

the docket. 

Authority: The Paperwork Reduction 

Act of 1995; 44 U.S.C. chapter 35, as 

amended; and 49 CFR 1.26, 1.27, 1.48 

and 1.49; DOT Order 1351.29. 

Issued in Washington, DC. 

Livaughn Chapman Jr, 

Deputy Assistant General Counsel, Office of 

Aviation Consumer Protection. 

[FR Doc. 2024–20260 Filed 9–6–24; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Extension of Information 

Collection Request Submitted for 

Public Comment; Comment Request 

on Burden Related to the Plan-Specific 

Substitute Mortality Tables for 

Determining Present Value 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Internal Revenue Service, 

as part of its continuing effort to reduce 

paperwork and respondent burden, 

invites the public and other Federal 

agencies to take this opportunity to 

comment on proposed and/or 

continuing information collections, as 

required by the Paperwork Reduction 

Act of 1995. Currently, the IRS is 

soliciting comments concerning the 

burden related to the Plan-Specific 

Substitute Mortality Tables for 

Determining Present Value. 

DATES: Written comments should be 

received on or before November 8, 2024 

to be assured of consideration. 


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