FR Notice - Submission of U.S. Carrier and Airport Tarmac Dealy Contingency Plans to Deparmtnet of Transportation for Approval

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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Notices

NOTIFICATION PROCEDURE:

Individuals seeking to determine
whether their information is contained
in this system should address written
inquiries to the U.S. Department of
Transportation, Privacy Act Officer,
Office of the Chief Information Officer,
1200 New Jersey Avenue SE.,
Washington, DC 20590. Inquiries should
include name, address and telephone
number and describe the records you
seek.
RECORD ACCESS PROCEDURES:

See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:

Records include: (1) Records collected
directly from the individual; (2) records
obtained from other government
agencies; (3) records collected from the
individual using technologies like
cameras or audio recorders; and (4)
records collected from the vehicle
operated by the individual.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Issued in Washington, DC on February 24,
2012.
Claire W. Barrett,
Departmental Chief Privacy Officer,
Department of Transportation.
[FR Doc. 2012–4964 Filed 2–29–12; 8:45 am]
BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT–OST–2012–0028]

Submission of U.S. Carrier and Airport
Tarmac Delay Contingency Plans to
Department of Transportation for
Approval
Office of the Secretary (OST),
Department of Transportation (DOT).
ACTION: Notice.
AGENCY:

The FAA Modernization and
Reform Act of 2012 requires covered
U.S. carriers and U.S. airports to submit
to the Secretary of Transportation for
review and approval tarmac delay
contingency plans on or before May 14,
2012. The U.S. Department of
Transportation’s Office of Aviation
Enforcement and Proceedings
(Enforcement Office) will be
establishing an electronic submission
system to enable covered airlines and
airports to submit the required plans
through the World Wide Web. The
Enforcement Office plans to issue

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SUMMARY:

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another notice within 45 days that will
provide information on how covered
carriers and airports can submit these
required plans. Submissions of the
plans should not be made prior to that
date to ensure proper review and
recording.
FOR FURTHER INFORMATION OR TO
CONTACT: Livaughn Chapman, Jr.,

or
Laura Jennings, Office of the General
Counsel, U.S. Department of
Transportation, 1200 New Jersey Ave.
SE., W–96–429, Washington, DC 20590–
0001; Phone: (202) 366–9342; Fax: (202)
366–7152; Email: Livaughn.Chapman@
dot.gov, or [email protected].
SUPPLEMENTARY INFORMATION:
Background
On February 14, 2012, President
Obama signed the FAA Modernization
and Reform Act of 2012 (the ‘‘Act’’) into
law. Among other things, the Act
requires U.S. 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 U.S. 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 requirements of the Act do not
conflict with the Department’s existing
tarmac delay rule (14 CFR part 259). The
Act also permits the Department to
establish, as necessary, minimum
standards for contingency plans. As
such, the specific requirements of Part
259 remain in effect for U.S. carriers.
U.S. carrier contingency plans must
contain a provision that a passenger
shall have the option to deplane an
aircraft and return to the airport
terminal when there is an excessive
tarmac delay (3 hours for domestic
flights and 4 hours for international
flights) at each large hub, medium hub,
small hub, or non-hub U.S. airport at
which they operate scheduled or public
charter air service, with the following
exceptions: (1) Where an air traffic
controller with authority over the
aircraft advises the pilot in command
that permitting a passenger to deplane
would significantly disrupt airport
operations; or (2) where the pilot in
command determines that permitting a
passenger to deplane would jeopardize
passenger safety or security. The
deplaning option must be offered to a
passenger even if the flight in covered
air transportation is diverted to a
commercial airport other than the
originally scheduled airport. Under the
Act, U.S. carrier contingency plans must
also contain a description of how the

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carrier will: (1) Provide adequate food,
potable water, restroom facilities,
comfortable cabin temperatures (a
requirement not currently contained in
DOT rules), and access to medical
treatment for passengers onboard an
aircraft when the departure of a flight is
delayed or disembarkation of passengers
is delayed; and (2) share facilities and
make gates available at the airport in an
emergency (another requirement not
currently in DOT rules). Existing DOT
rules require carriers to provide
assurance that the plan has been
coordinated with airport authorities
(including terminal facility operators
where applicable), U.S. Customs and
Border Protection and the
Transportation Security Administration
at each U.S. large hub airport, medium
hub airport, small hub airport and nonhub airport that the carriers serve, as
well as their regular U.S. diversion
airports.
Under the statute airport contingency
plans must contain a description of how
the airport operator, to the maximum
extent practicable, will: (1) Provide for
the deplanement of passengers
following excessive tarmac delays; (2)
provide for the sharing of facilities and
make gates available at the airport in an
emergency; and (3) provide a sterile area
following excessive tarmac delays for
passengers who have not yet cleared
U.S. Customs and Border Protection.
DOT tarmac delay rules currently do not
apply directly to airports.
The Enforcement Office intends to
establish an electronic submission
system, similar to the Department’s
current disability complaint reporting
system, where covered airlines and
airports will submit their required
plans. The Enforcement Office is
working to establish the necessary
mechanisms to implement that system
and plans to issue another notice within
45 days with detailed information on
the submission process.
In defining the hub size of an airport,
the Department uses the airport-specific
thresholds published by the
Department’s Bureau of Transportation
Statistics (BTS). A list of airport
information for calendar year 2010 (the
latest available data) is available on the
FAA’s Web site at http://www.faa.gov/
airports/planning_capacity/passenger_
allcargo_stats/passenger/media/cy10_
primary_enplanements.pdf. In addition,
a preliminary list of covered U.S.
carriers provided by BTS can be found
on the Department’s Aviation Consumer
Protection Division Web site at http://
airconsumer.ost.dot.gov/SA_
FlightDelays.htm. Any U.S. carrier or
airport on the referenced air carrier or
airport lists that believes that it is not

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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Notices
covered by the statute and should not be
on either list should notify one of the
Department contacts listed above
immediately. If any person, including
any U.S. carrier or airport, believes that
a carrier or airport is covered by the
statute but does not appear on the
appropriate list, that person should
notify one of the Department contacts
noted above immediately with that
information.
The Enforcement Office’s review of
the contingency plans will concentrate
on the statutory and existing regulatory
requirements for such plans. However,
carriers and airports are directed to the
model contingency planning document,
titled ‘‘Development of Contingency
Plans for Lengthy Airline On-Board
Ground Delays,’’ that was developed by
the National Task Force to Develop
Model Contingency Plans to Deal with
Lengthy Airline On-Board Ground
Delays for contingency planning
guidance. See Docket No. DOT–OST–
2007–0108–0124. This document can
also be found at http://
airconsumer.dot.gov/publications/
TarmacTFModelContingencyPlanning
Document.pdf. We also understand that
the Airport Cooperative Research
Program (ACRP) has developed some
preliminary guidance materials in this
area as well. Those materials can be
found at http://onlinepubs.trb.org/
onlinepubs/acrp/docs/ACRP1010.Update.10Dec2011.pdf.
Issued this 24th day of February 2012, at
Washington, DC.
Samuel Podberesky,
Assistant General Counsel for Aviation
Enforcement and Proceedings, U.S.
Department of Transportation.
[FR Doc. 2012–4963 Filed 2–29–12; 8:45 am]
BILLING CODE 4910–9X–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2011–0036]

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Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 of the Code of Federal Regulations
(CFR), this document provides the
public notice that by a document dated
April 11, 2011, the City of Chandler,
AZ, has petitioned the Federal Railroad
Administration (FRA) for a waiver of
compliance from certain provisions of
the Federal railroad safety regulations
contained at 49 CFR part 222. FRA
assigned the petition Docket Number
FRA–2011–0036.
The City of Chandler is seeking a
waiver from the provisions of 49 CFR
Section 222.9 (specifically, the

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definition of a non-traversable curb) so
that three existing public crossings (Ray
Road (DOT #741579U), Pecos Road
(DOT #741674P), and Germann Road
(DOT #741676D)) can be deemed
acceptable supplemental safety
measures (SSM). The crossings,
equipped with flashing lights, gates, and
medians, comply with all requirements
necessary to be ‘‘gates with medians or
channelization devices’’ SSMs with
non-traversable curbs; except that the
posted highway speed limit is 45 mph
instead of 40 mph as required in the
definition.
The City of Chandler is also seeking
a waiver from the provisions of 49 CFR
Section 222.35(b)(1) so that the active
grade crossing warning devices at
Commonwealth Avenue (DOT
#741672B) and Frye Road (DOT
#741673H) are not required to be
equipped with constant warning time
devices for the siding track at the
crossings.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
http://www.regulations.gov and in
person at the U.S. Department of
Transportation’s (DOT) Docket
Operations Facility, 1200 New Jersey
Avenue SE., W12–140, Washington, DC
20590. The Docket Operations Facility
is open from 9 a.m. to 5 p.m., Monday
through Friday, except Federal
Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Web site: http://www.regulations.
gov. Follow the online instructions for
submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by April
16, 2012 will be considered by FRA

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before final action is taken. Comments
received after that date will be
considered as far as practicable.
Anyone is able to search the
electronic form of any written
communications and 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 (Volume
65, Number 70; Pages 19477–78), or
online at http://www.dot.gov/privacy.
html.
Issued in Washington, DC, on February 17,
2012.
Ron Hynes,
Acting Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2012–4967 Filed 2–29–12; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
February 27, 2012.

The Department of the Treasury will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, Public Law 104–13, on or after the
date of publication of this notice.
DATES: Comments should be received on
or before April 2, 2012 to be assured of
consideration.
ADDRESSES: Send comments regarding
the burden estimate, or any other aspect
of the information collection, including
suggestion for reducing the burden, to
(1) Office of Information and Regulatory
Affairs, Office of Management and
Budget, Attention: Desk Officer for
Treasury, New Executive Office
Building, Room 10235, Washington, DC
20503, or email at
[email protected] and
(2) Treasury PRA Clearance Officer,
1750 Pennsylvania Ave. NW., Suite
11020, Washington, DC 20220, or online at www.PRAComment.gov.
FOR FURTHER INFORMATION CONTACT:
Copies of the submission(s) may be
obtained by calling (202) 927–5331,
email at [email protected], or the entire
information collection request maybe
found at www.reginfo.gov.
Internal Revenue Service (IRS)
OMB Number: 1545–NEW.

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