UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on April 25, 2006

NOTICE OF ACTION TAKEN -- DOCKET OST-2002-12209

________________________________________________________________________
________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant: AEROLITORAL, S.A. de C.V. (Aerolitoral) and 				Date Filed:
April 5, 2006

	      AEROVIAS de MEXICO, S.A. de C.V.  (Aeromexico)

Relief requested:  Renewal of exemption from 49 USC § 41301 to permit
the joint applicants to engage in scheduled foreign air transportation
of persons, property, and mail between: 1) Chihuahua, Mexico, and El
Paso, Texas;

2) Hermosillo, Mexico, and Tucson, Arizona; and 3) Monterrey, Mexico,
and San Antonio, Texas.  Aeromexico proposes to conduct these services
only through a code-share arrangement with Aerolitoral, only on flights
operated by Aerolitoral.

If renewal, date and citation of last action:  May 13, 2005, in this
Docket.

Applicant representative:  William C. Evans,<PHONE_NUMBER>	DOT analyst:
Robert J. Finamore,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.
                                		     Action date:  April 25, 2006

Effective dates of authority granted:  April 25, 2006, through April 25,
2007.

Basis for approval (bilateral agreement/reciprocity): United
States-Mexico Air Transport Services Agreement.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations of our standard exemption and
code-share conditions (attached), to the statement of authorization
granted to Aerolitoral dated January 4, 2002, in this Docket, and to the
otherwise-applicable terms, conditions, and limitations of
Aeromexico’s foreign air carrier permit (Order 91-5-25).

Special conditions/Remarks:  The exemption authority granted to
Aeromexico is limited to operations conducted on a code-share basis only
with Aerolitoral, only of flights operated by Aerolitoral.  In addition,
Aerolitoral may only use aircraft capable of carrying no more than 60
passengers and having a maximum payload capacity of no more than 18,000
pounds.

Action taken by:   Paul L. Gretch, Director, Office of International
Aviation

________________________________________________________________________
_____________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicants were qualified to perform the proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

FOREIGN CARRIER EXEMPTION CONDITIONS
                              ATTACHMENT

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

1) Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

2) Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

3) Comply with the requirements for minimum insurance coverage contained
in 14 CFR Part 205, and, prior to the commencement of any operations
under this authority, file evidence of such coverage, in the form of a
completed OST Form 6411, with the Federal Aviation Administration’s
Program Management Branch (AFS-260), Flight Standards Service (any
changes to, or termination of, insurance also shall be filed with that
office);

4) Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

5) Conform to the airworthiness and airman competency requirements of
its Government for international air services;

6) Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

7) Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: a) based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or b) based on
a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term “international air transportation” means “international
transportation” as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

8) Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

9) Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department’s
rules governing charters (including 14 CFR Parts 212 and 380); and

11) Comply with such other reasonable terms, conditions, and limitations
required by the public interest as may be prescribed by the Department,
with all applicable orders or regulations of other U.S. agencies and
courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

												 05/2004

 Aerolitoral/Aeromexico Code-Share Conditions (OST-2002-12209)

The codeshare operations authorized here are subject to the following
conditions:

(a)  The statement of authorization will remain in effect only as long
as (i) Aerolitoral and Aeromexico continue to hold the necessary
underlying authority to operate the codeshare services at issue, and
(ii) the codeshare agreement providing for the codeshare operations
remains in effect.

(b) Aerolitoral and/or Aeromexico must promptly notify the Department if
the codeshare agreement providing for the codeshare operations is no
longer effective or the carriers decide to cease operating any or all of
the approved codeshare services.    We expect this notification to be
received within 10 days of such non-effectiveness or of such decision.
Such notices should be filed in docket OST-2002-12209.

(c)  The codesharing operations conducted under this authority must
comply with 14 C.F.R. Part 257 and with any amendments to the
Department’s regulations concerning codeshare arrangements that may be
adopted.  Notwithstanding any provisions in the contract between the
carriers, our approval here is expressly conditioned upon the
requirements that the subject foreign air transportation be sold in the
name of the carrier holding out such service in computer reservation
systems and elsewhere; that the carrier selling such transportation
(i.e., the carrier shown on the ticket) accept responsibility for the
entirety of the codeshare journey for all obligations established in its
contract of carriage with the passenger; and that the passenger
liability of the operating carrier be unaffected.

(d)  The authority granted here is specifically conditioned so that
neither Aerolitoral or Aeromexico shall give any force or effect to any
contractual provisions between themselves that are contrary to these
conditions.

We may amend, modify, or revoke this authority at any time without
hearing, at our discretion.


[Federal Register Volume 87, Number 152 (Tuesday, August 9, 2022)]
[Notices]
[Pages 48557-48558]
[FR Doc No: 2022-17037]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

[Docket No. OST-2022-0021]

Agency Information Collection Activities: Notice of Request for
Comments for New Information Collection

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

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: The OST has forwarded the information collection request
described in this notice to the Office of Management and Budget (OMB)
for approval of a new information collection. We published a Federal
Register Notice with a 60-day public comment period on this information
collection on June 2, 2022. We are required to publish this notice in
the Federal Register by the Paperwork Reduction Act of 1995.

DATES: Please submit comments by September 8, 2022.

ADDRESSES: You may submit comments within 30 days to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street NW, Washington, DC 20503, Attention DOT Desk Officer.
You are asked to comment on any aspect of this information collection,
including: (1) Whether the proposed collection is necessary for the
OST's performance; (2) the accuracy of the estimated burden; (3) ways
for the OST to enhance the quality, usefulness, and clarity of the
collected information; and (4) ways that the burden could be minimized,
including the use of electronic

technology, without reducing the quality of the collected information.
All comments should include the Docket number OST-2022-0021.

FOR FURTHER INFORMATION CONTACT: Tara Lanigan ([email protected]),
Department of Transportation, Office of the Secretary of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. Office
hours are from 7:30 a.m. to 4:00 p.m., Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:
    Title: Strengthening Mobility and Revolutionizing Transportation
(SMART) Grant Program.
    Background: The Bipartisan Infrastructure Law (BIL, also known as
the Infrastructure Investment and Jobs Act), enacted on November 15,
2021 provides for significant investments in America's transportation
infrastructure. A key program of the legislation is the Strengthening
and Revolutionizing Transportation (SMART) Grant Program ($100 million
per year for a period of five years), under which ``the Secretary shall
provide grants to eligible entities to conduct demonstration projects
focused on advanced smart city or community technologies and systems in
a variety of communities to improve transportation efficiency and
safety'' (BIL Sec.  25005; 23 U.S.C. 502(b)). More specifically, SMART
Grants may be used to carry out a project that demonstrates at least
one of the following:

 Coordinated Automation
 Connected Vehicles
 Systems Integration
 Commerce Delivery and Logistics
 Leveraging Use of Innovative Aviation Technology
 Smart Grid
 Smart Technology Traffic Signals

    This competitive grant program is comprised of two separate stages.
For Stage 1, the Office of the Secretary (OST) will issue a Notice of
Funding Opportunity (NOFO) that describes the requirements of the SMART
Grant program, including the criteria that will be used to evaluate
applications. The NOFO will provide a description of the application
requirements. All eligible entities must submit a completed application
in order to be considered for a Stage 1 grant award. More specifically,
the applicants who are selected for a Stage 1 grant (i.e., the
recipients) will develop a plan or prototype of their project. Only
Stage 1 grantees will be eligible to apply for a Stage 2 grant that
will provide funding to more broadly demonstrate their project.
Separate agreements for Stage 1 and Stage 2 will outline the schedule,
budget and all activities and deliverables. Additional reporting
requirements associated with their SMART grant are outlined below.
     Annual Implementation Reports. These annual reports
document project progress in meeting its goals. The Reports must
demonstrate how the deployment and operational costs of the project
compare to the benefits and savings; the means by which each project is
meeting its original expectation, including data findings on the
impacts of the project (e.g., safety, mobility, access, system
efficiency, etc.) and lessons learned. A Final Implementation Report
will include final findings related to project benefits, costs and
impacts.
     Evaluation Plan. The evaluation plan describes how the
project will be evaluated, including the anticipated impacts of the
project (e.g., goals), the methods that will be used to measure those
impacts, and the performance measures.
     Data Management Plan. The data management plan provides
more detailed information on the types of data being collected by the
grantee and how that data will be managed and stored (e.g., how privacy
is protected, the entities that have access to the data, etc.).
     Quarterly Progress Reports. The Quarterly progress reports
provide status updates, including activities accomplished during the
quarter, financial and schedule reporting, and anticipated activities
for the next quarter (among other updates, such as any project
challenges).
    Respondents: Eligible entities for SMART grants include (A) a
State; (B) a political subdivision of a State; (C) a Tribal government;
(D) a public transit agency or authority; (E) a public toll authority;
(F) a metropolitan planning organization; and (G) a group of 2 or more
eligible entities described in (A) through (F) applying through a
single lead applicant.
    The anticipated annual number of applicants is 120, and the
anticipated annual number of recipients is 40 (on average).
    Estimated Average Burden per Response: The estimated average
reporting burden will vary by stage, as follows (Please note that a new
``cohort'' is anticipated each year of the Information Collection (IC),
and the calculations below are for a single cohort):

 Application Stage 1: On average, 100 hours per applicant per
cohort
 Grant Stage (one-time per cohort): 149 hours per recipient per
cohort
 Grant Stage (ongoing across the IC): 50 hours per recipient
per year per cohort

    Estimated Total Annual Burden: The estimated total annual burden
per cohort is calculated as:

 Stage 1 applicants: 12,000 hours per cohort (120 applicants x
100 hours/application).
 Grant Stage (one-time burden): 5,960 hours per cohort (40
recipients x 149 hours)
 Grant Stage (ongoing burden during IC): 2,000 hours per cohort
(40 recipients x 50 hours)

    Electronic Access: For access to the docket to read background
documents or comments received, go to http://www.regulations.gov.
Follow the online instructions for accessing the dockets.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter
35, as amended; and 49 CFR 1.48.

     Issued on: August 3, 2022.
Daniel Morgan,
Assistant Chief Information Officer for Data Services and Chief Data
Officer.
[FR Doc. 2022-17037 Filed 8-8-22; 8:45 am]
BILLING CODE 4910-22-P