60 Day Federal Register Notice

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Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Notices

minute to store/maintain documents at
the motor carrier’s principal place of
business [49 CFR 387.7(d); 49 CFR
387.31(d)]; and 1 minute per vehicle to
place the respective document on board
the vehicle as required for non U.S.domiciled carriers with the exception of
Non North American(NNA) who are
required to maintain a copy at their
Principal Place of Business (PPOB) and
file with FMCSA[49 CFR 387.7(f); 49
CFR 387.31(f) 49 CFR part 387.7(e)(2)].
Expiration Date: March 31, 2021.
Frequency of Response: On a one-time
basis or as needed.
Estimated Total Annual Burden:
4,146 hours.
FMCSA published the 60-day Federal
Register notice on October 8, 2020 (85
FR 63648), and received 2 comments in
response. The first comment, from the
National School Transportation
Association (NSTA), supports the
proposal to renew the MCS–82B and
MCS–90B information collection to
verify proof of motor carrier financial
responsibility. The second comment,
from The American Property Casualty
Insurance Association (APCIA), raised
three issues: (1) That [t]he MCS–90 form
is sometimes erroneously treated by
trucking regulators as a simple
certification of insurance coverage’’ and
that extension of an insurer’s liability
‘‘could be easily fixed by limiting the
MCS–90 to apply only to accidents
occurring inside the United States
. . .’’; (2) that keeping the expiration
date on the financial responsibility
forms creates confusion; and (3) that the
unintended consequence related to
changes of the MCS–90 web pages is
that some users believe a change in the
web page equates to a change in the
MCS–90 itself.
With regard to the first issue, Property
Casualty Insurers of America (PCI), a
predecessor to APCIA, previously filed
a Petition for Rulemaking with FMCSA
pertaining to the extension of MCS–90
liability to Mexico. However, given the
decision in Lincoln General Ins. Co. v.
De La Luz Garcia, 501 F.3d 436 (5th Cir.
2007) that effectively granted (PCI) the
relief it was seeking in its Petition for
Rulemaking, FMCSA decided not to
address PCI’s petition further at that
time. The Minimum Levels of Financial
Responsibility for Motor Carriers, is
noted in the Federal Register Notice 74
FR 27485, 27487 dated (June 10, 2009).
Therefore, given that APCIA’s concerns
have been previously addressed,
FMCSA does not believe changing the
MCS–90 is necessary. Additionally,
FMCSA does not believe that even if a
change was necessary that an ICR
proceeding is an appropriate forum for
such a change. FMCSA welcomes

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discussing APCIA’s concerns informally
and is happy to have a meeting with
APCIA to discuss further. With regard to
the comment on the expiration date, the
commenter noted that the regulation
requires that the MCS–90 and its
accompanying insurance filing be
continuous until canceled, but that
having expiration dates on the forms
‘‘creates confusion and could change the
meaning of the endorsement in the eyes
of a court. It needlessly causes motor
carriers to worry that their insurance
coverage might not satisfy federal
requirements, especially as this
bureaucratic date often falls behind its
intended expiration.’’ APCIA goes on to
argue that the date often confuses law
enforcement as to if the date refers to
the insurer’s insurance policy rather
than the form. FMCSA agrees with the
comment and requests permission to
exclude the expiration date from all
forms.
With regard to the comment on
website updates, FMCSA will look into
ensuring that any future updates to our
web page are more clear.
Background: The Secretary of
Transportation is responsible for
implementing regulations which
establish minimum levels of financial
responsibility for: (1) For-hire motor
carriers of property to cover public
liability, property damage, and
environmental restoration, and (2) forhire motor carriers of passengers to
cover public liability and property
damage. The forms MCS–90/90B and
forms MCS–82/82B contain the
minimum amount of information
necessary to document that a motor
carrier of property or passengers has
obtained, and has in effect, the
minimum levels of financial
responsibility as set forth in applicable
regulations (49 CFR 387.9 (motor
carriers of property) and 49 CFR
387.33T (motor carriers of passengers)).
FMCSA and the public can verify that
a motor carrier of property or passengers
has obtained, and has in effect, the
required minimum levels of financial
responsibility by reviewing the
information enclosed within these
documents.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the FMCSA to perform its
functions; (2) the accuracy of the
estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information.

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Issued under the authority delegated in 49
CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2021–05718 Filed 3–18–21; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Bureau of Transportation Statistics
[Docket ID Number DOT–OST–2014–0031]

Agency Information Collection;
Activity Under OMB Review; Report of
Financial and Operating Statistics for
Small Aircraft Operators
Bureau of Transportation
Statistics (BTS), DOT.
ACTION: Notice.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995, the
Bureau of Transportation Statistics
invites the general public, industry and
other governmental parties to comment
on the continuing need for and
usefulness of BTS collecting financial,
traffic and operating statistics from
small certificated and commuter air
carriers. Small certificated air carriers
(operate aircraft with 60 seats or less or
with 18,000 pounds of payload capacity
or less) currently must file the two
quarterly schedules listed below:
F–1 Report of Financial Data,
F–2 Report of Aircraft Operating
Expenses and Related Statistics, and
Commuter air carriers must file the
Schedule F–1 Report of Financial Data,
Commenters should address whether
BTS accurately estimated the reporting
burden and if there are other ways to
enhance the quality, utility, and clarity
of the information collected.
DATES: Written comments should be
submitted by May 18, 2021.
FOR FURTHER INFORMATION CONTACT:
Cecelia Robinson, Office of Airline
Information, RTS–42, Room E34–110,
OST–R, BTS,1200 New Jersey Avenue
SE, Washington, DC 20590–0001,
Telephone Number (202) 366–4405, Fax
Number (202) 366–3383 or EMAIL
cecelia.robinson@dot.gov.
Jennifer Rodes, Office of Airline
Information, RTS–42, Room E32–103,
OST–R, BTS, 1200 New Jersey Avenue
SE, Washington DC 20590–0001,
Telephone Number (202) 366–8513, Fax
Number (202) 366–3383 or EMAIL
Jennifer.rodes@dot.gov.
Comments: Comments should identify
the associated OMB approval #2138–
0009 and Docket ID Number DOT–OST–
2014–0031. Persons wishing the
Department to acknowledge receipt of
SUMMARY:

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Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Notices
their comments must submit with those
comments a self-addressed stamped
postcard on which the following
statement is made: Comments on OMB
#2138–0009, Docket—DOT–OST–2014–
0031. The postcard will be date/time
stamped and returned.
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
http://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 selfaddressed stamped postcard. Internet
users may access all comments received
by DOT at http://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).
Docket: For access to the docket to
read background documents or
comments received, go to http://
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
http://www.regulations.gov, by
searching docket DOT–OST–2014–0031.
SUPPLEMENTARY INFORMATION:
OMB Approval No. 2138–0009.
Title: Report of Financial and
Operating Statistics for Small Aircraft
Operators.
Form No.: BTS Form 298–C.
Type Of Review: Extension of a
currently approved collection for the
financial data.
Respondents: Small certificated (22)
and commuter air carriers (41).

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Schedule F1:
Number of Respondents: 63.
Number of Annual Responses: 252.
Total Burden per Response: 4 hours.
Total Annual Burden: 1,008 hours.
Schedule F2:
Number of Respondents: 22.
Number of Annual Responses: 88.
Total Burden per Response: 12 hours.
Total Annual Burden: 1,056 hours.
Needs and Uses: Program uses for
Form 298–C financial data are as
follows:
Mail Rates
The Department of Transportation
sets and updates the Intra-Alaska Bush
mail rates based on carrier aircraft
operating expense, traffic, and
operational data. Form 298–C cost data,
especially fuel costs, terminal expenses,
and line haul expenses are used in
arriving at rate levels. DOT revises the
established rates based on the
percentage of unit cost changes in the
carriers’ operations. These updating
procedures have resulted in the carriers
receiving rates of compensation that
more closely parallel their costs of
providing mail service and contribute to
the carriers’ economic well-being.
Essential Air Service
DOT often has to select a carrier to
provide a community’s essential air
service. The selection criteria include
historic presence in the community,
reliability of service, financial stability
and cost structure of the air carrier.
Carrier Fitness
Fitness determinations are made for
both new entrants and established U.S.
domestic carriers proposing a
substantial change in operations. A
portion of these applications consists of
an operating plan for the first year (14
CFR part 204) and an associated
projection of revenues and expenses.
The carrier’s operating costs, included
in these projections, are compared
against the cost data in Form 298–C for
a carrier or carriers with the same
aircraft type and similar operating
characteristics. Such a review validates
the reasonableness of the carrier’s
operating plan.
The quarterly financial submissions
by commuter and small certificated air
carriers are used in determining each
carrier’s continuing fitness to operate.
Section 41738 of Title 49 of the United
States Code requires DOT to find all
commuter and small certificated air
carriers fit, willing, and able to conduct
passenger service as a prerequisite to
providing such service to an eligible
essential air service point. In making a

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fitness determination, DOT reviews
three areas of a carrier’s operation: (1)
The qualifications of its management
team, (2) its disposition to comply with
laws and regulations, and (3) its
financial posture. DOT must determine
whether or not a carrier has sufficient
financial resources to conduct its
operations without imposing undue risk
on the traveling public. Moreover, once
a carrier begins conducting flight
operations, DOT is required to monitor
its continuing fitness.
Senior DOT officials must be kept
fully informed and advised of all
current and developing economic issues
affecting the airline industry. In
preparing financial condition reports or
status reports on a particular airline,
financial and traffic data are analyzed.
Briefing papers prepared for senior DOT
officials may use the same information.
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 March 15,
2021.
William Chadwick, Jr.,
Director, Office of Airline Information,
Bureau of Transportation Statistics.
[FR Doc. 2021–05730 Filed 3–18–21; 8:45 am]
BILLING CODE 4910–9X–P

DEPARTMENT OF THE TREASURY
Proposed Collection; Comment
Request
Departmental Offices;
Department of the Treasury.
SUMMARY: The Department of the
Treasury, as part of its continuing effort
to reduce paperwork burdens, invites
the general public and other Federal
agencies to comment on the revision of
a currently approved information
collection that is to be proposed for
approval by the Office of Management
and Budget. The Office of International
Affairs of the Department of the
Treasury is soliciting comments
concerning Treasury International
Capital Form D, ‘‘Report of Holdings of,
and Transactions in, Financial
AGENCY:

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