[Federal Register Volume 74, Number 95 (Tuesday, May 19, 2009)]
[Notices]
[Pages 23464-23465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11605]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[DOT-OST-2008-0371]


Agency Information Collection Activity for OMB Review: Foreign 
Air Carrier Application for Statement of Authorization, ICR-2106-0036

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

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, 
PublicLaw 104-13, this notice announces that the Information Collection 
Request, abstracted below, is being forwarded to the Office of 
Management and Budget for extension of approval of currently approved 
ICR-2106-0036, Foreign Air Carrier Application for Statement of 
Authorization. Earlier, a Federal Register Notice with a 60-day comment 
period was published (73 FR 74223, December 5, 2008). The agency did 
not receive any comments to its previous notice.

DATES: Written comments should be submitted by June 18, 2009.

FOR FURTHER INFORMATION CONTACT: George Wellington, (202) 366-2391, 
Office of International Aviation, U.S. Department of Transportation, 
1200 New Jersey Avenue, SE., Room W86-125, Washington, DC 20590. Office 
hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except 
Federal holidays.
    Comments: Comments should be sent to OMB: Attention DOT/OST Desk 
Officer, Office of Information and Regulatory Affairs, Office of 
Management and Budget, Docket Library, Room 10102, 725 17th Street, 
NW., Washington, DC 20503, or <a href="/cdn-cgi/l/email-protection#127d7b60734d6167707f7b61617b7d7c527d7f703c777d623c757d64"><span class="__cf_email__" data-cfemail="76191f0417290503141b1f05051f191836191b145813190658111900">[email protected]</span></a> and should 
identify the associated OMB Approval Number 2106-0035 and Docket DOT-
OST-2008-0374.

SUPPLEMENTARY INFORMATION:
    OMB Approval No.: 2106-0035.
    Title: Foreign Air Carrier Application for Statement of 
Authorization.
    Form No.: Form OST 4540.
    Type of Review: Extension of a currently approved collection.
    Respondents: Foreign Air Carriers.
    Number of Respondents: approximately 100.
    Estimated Time per Response: 2.25 hours per application.
    Total Annual Burden: 1,000 hours.
    Abstract: Applicants use Form OST 4540 to request statements of 
authorization to conduct numerous types of operations authorized under 
Title 14, CFR Part 212. The form requires basic information regarding 
the carrier(s) conducting the operation, the party filing the form, the 
operations being conducted, the number of third- and fourth-freedom 
flights conducted in the last twelve-month period, and certification of 
reciprocity from the carrier's homeland government. DOT analysts will 
use the information collected to determine if applications for fifth-
freedom operations meet the public interest requirements necessary to 
authorize such applications.
    Burden Statement: We estimate that the industry-wide total hour 
burden for this collection to be approximately 1,000 hours or 
approximately 2.25 hours per application. Conservatively, we estimate 
the compilation of background information will require 1.75 hours, and 
the completion and submission of OST Form 4540 will require thirty (30) 
minutes.
    Reporting the number of third- and fourth-freedom operations 
conducted by an applicant carrier will require collection of flight 
data, and detailed analysis to determine which flights conducted by the 
carrier are third- and fourth-freedom. Applicants should be able to use 
data collected for the Department's T-100 program to provide this 
information (under this program, carriers are required periodically to 
compile and report certain traffic data to the Department, as more 
fully described in the Docket referenced in footnote 1 below). The 
Bureau of Transportation Statistics (BTS) provide carriers with a 
computer program that allows them to compile and monitor, among other 
things, flight origin and destination data, to be used in making the 
carriers' T-100 submissions.\1\ We estimated that carriers will require 
1.25 hours per application \2\ to compile and analyze the data 
necessary to disclose the number of third- and fourth-freedom flights 
conducted within the twelve-month period preceding the filing of an 
application.
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    \1\ The rule-making associated with the T-100 program can be 
found on the Federal Docket Management System (FDMS) at http://www.regulations.gov, in Docket DOT-OST-1998-4043. Information 
regarding burden hours is on file in the Office of Aviation Analysis 
(X-50).
    \2\ The Office of Aviation Analysis (X-50) estimated that small 
carriers would require 1 burden hour per report, and large carriers 
would require 3 burden hours per report to analyze and report T-100 
program data. Considering that the data required in this information 
collection can be derived from data already collected, we have taken 
an average of the estimated time required, and conservatively 
shortened the time by 45 minutes because no new data entry will be 
required.
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    Foreign carriers will also have to provide evidence that their 
homeland

[[Page 23465]]

government will afford reciprocity to U.S. carriers seeking authority 
for the similar fifth-, sixth- and seventh-freedom operations. Carriers 
may cite certifications submitted by carriers from the same homeland if 
that homeland issued such certification within the preceding six-month 
period. Approximately 100 carriers from roughly 30 distinct homelands 
use OST Form 4540 to apply for statements of authorization annually. We 
estimate that one foreign carrier from any given homeland will expend 
roughly 4 hours every six months to obtain certification from its 
homeland governments.\3\ We have apportioned 30 minutes to each 
application to account for the time required to obtain certifications 
from homeland governments.
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    \3\ Calculation: (4 burden hours per application) x (30 foreign 
homelands) x (2 requests per year) = 240 annual burden hours. 
Apportioning 240 annual burden hours equally among an average of 430 
applications annually = approximately 30 burden minutes per 
application.
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    We have no empirical data to indicate how much time is required for 
a person to complete OST Form 4540; however, anecdotal evidence reveals 
that respondents spend thirty (30) minutes or less completing the form 
and brief justification. In some cases, respondents spend a limited 
amount of time, less than ten (10) minutes, reviewing the form before 
sending it via facsimile or email to the Department. In the interest of 
providing a conservative estimate so as to not understate the burden 
hours, we estimate the hour burden for completing OST Form 4540 as 
thirty (30) minutes.

    Issued in Washington, DC on May 11, 2009.
Tracey M. Jackson,
Office of the Chief Information Officer.
[FR Doc. E9-11605 Filed 5-18-09; 8:45 am]
BILLING CODE 4910-9X-P


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