The FAA Modernization and Reform Act requires US carriers that operate scheduled passenger service or public charter service using any aircraft with a design capacity of 30 or more seats, and operators of large hub, medium hub, small hub, or non-hub US airports, to submit contingency plans for lengthy tarmac delays to the Secretary of Transportation for review and approval no later than May 14, 2012. The Act also requires each covered carrier and airport to ensure public access to its plan after DOT approval by posting the plan on its website. The Department is seeking OMB approval for the submission and posting of these plans under the PRA emergency clearance process because use of the normal clearance procedures is reasonably likely to cause the May 14 statutory deadline for submission of plans to be missed.
The Department is seeking OMB approval for the submission and posting of these plans under the PRA emergency clearance process because use of the normal clearance procedures is reasonably likely to cause the May 14 statutory deadline for submission of plans to be missed. Once OMB approves of this request, the Department will issue a notice with a web address for the filing of the plans to enable covered U.S. airlines and airports to easily submit their required plans through the World Wide Web.
Although we are requesting emergency clearance, the Department believes that the Paperwork Reduction Act (PRA) does not apply to situations like this one, in which a collection of information is directly required by a self-executing statute. The Department is not adding to the statutorily-required action nor exercising any discretion with respect to the collection. The Department is merely acting, as directed by Congress, as a passive recipient of the information. Under these circumstances, the Department is not conducting or sponsoring a collection of information within the meaning of the PRA. Nevertheless, in the interest of cooperation with your office, and given the very short time available to meet the statutory deadline involved, we are issuing a Federal Register notice providing a description of the respondents and an estimate of the annual record keeping and periodic reporting burden for the statutorily-mandated information collections and request emergency processing at this time. Thank you, in advance, for your assistance in this matter
US Code:
49 USC 423
Name of Law: FAA Modernization and Reform Act of 2012
The FAA Modernization and Reform Act requires US carriers that operate scheduled passenger service or public charter service using any aircraft with a design capacity of 30 or more seats, and operators of large hub, medium hub, small hub, or non-hub US airports, to submit contingency plans for lengthy tarmac delays to the Secretary of Transportation for review and approval no later than May 14, 2012. The Act also requires each covered carrier and airport to ensure public access to its plan after DOT approval by posting the plan on its website.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
PRA - OST - Tarmac - SS - OSTPRA041812Review3.docx
PRA - OST - Tarmac - Emergency Clearance Request - 041912.PDF
Posting of Tarmac Plans