14 CFR Parts 234, 259, and 399 Enhancing Airlines Protections

Forms and Documents

Document Name	Status
DOT Response to OMB re A4A and IATA Comments.docx Supplementary Document	2018-05-03
PRA cost burden comparison for OMB w requirements 5 2 18.docx Supplementary Document	2018-05-03
Revised Final Supporting Statement to OMB 5 2 18.doc Supporting Statement A	2018-05-03
60-Day Notice Consumer Rule 5 22 17.pdf Supplementary Document	2017-10-25
Directive 303A - reviewed.doc Supplementary Document	2011-08-18
FAQ on Consumer Rule April 28 2010.pdf Supplementary Document	2010-06-16

IC Document Collections

IC ID	Document Title	Status
228784	Post customer service plans and contracts of carriage on the website	New
198930	report all passenger operations that experience a tarmac time of three hours or more at a U.S. airport Instruction	Modified
187524	Requirement that each covered carrier display on its Web site, each listed flight re. on-time performance: the % of arrivals that were on time w/spec. highlight if the flight was late more than 50%	Modified
187522	Requirement that each covered carrier retain for two years the results of its annual self-audit of its compliance with its Customer Service Plan	Modified
187505	Requirement to retain for two years information about any ground delay that triggers the respondent's contingency plan for lengthy tarmac delays or lasts at least three hours.	Modified

ICR Details

OMB Control No: 2105-0561	ICR Reference No: 201710-2105-001
Status: Active	Previous ICR Reference No: 201108-2105-001
Agency/Subagency: DOT/OST	Agency Tracking No:
Title: 14 CFR Parts 234, 259, and 399 Enhancing Airlines Protections
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 10/30/2018
	Date Received in OIRA: 12/06/2017
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2021	36 Months From Approved
Responses	597	0	0
Time Burden (Hours)	5,779	0	0
Cost Burden (Dollars)	510,328	0	0

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Abstract: The Enhancing Airline Passenger Protections Rule, as currently effective, amended, and newly adopted, requires the following paperwork requirements for each covered carrier: (i) retain for two years certain information about any ground delay that lasts at least three hours, (ii) audit its own adherence to its Customer Service Plan annually and retain the results for two years, (iii) display information concerning listed flights' on-time performance for the previous month on its website for both its flights and those of its non-reporting code-share carriers and (iv) report all passenger operations that experience a tarmac time of three hours or more at a U.S. airport. The information collection furthers the objectives of 49 U.S.C. §§ 41712, 40101(a)(4), 40101(a)(9), and 41702 to protect consumers from unfair or deceptive practices, and to ensure safe and adequate service in air transportation. The regulation also supports the Department of Transportation's (Department) strategic goal of global connectivity by reducing barriers to trade and enhancing competition

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Authorizing Statute(s): US Code: 49 USC 40101 (a) (4) Name of Law: null
   US Code: 49 USC 40101 (a) (9) Name of Law: null
   US Code: 49 USC 41702 Name of Law: null
   US Code: 49 USC 41712 Name of Law: null
  

Citations for New Statutory Requirements: US Code: 49 USC 41712 Name of Law: null
US Code: 49 USC 40101 (a) (4) Name of Law: null
US Code: 49 USC 40101 (a) (9) Name of Law: null
US Code: 49 USC 41702 Name of Law: null

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 23486	05/22/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 53563	11/16/2017
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 5

IC Title	Form No.	Form Name
Requirement to retain for two years information about any ground delay that triggers the respondent's contingency plan for lengthy tarmac delays or lasts at least three hours.
Requirement that each covered carrier display on its Web site, each listed flight re. on-time performance: the % of arrivals that were on time w/spec. highlight if the flight was late more than 50%
Requirement that each covered carrier retain for two years the results of its annual self-audit of its compliance with its Customer Service Plan
report all passenger operations that experience a tarmac time of three hours or more at a U.S. airport
Post customer service plans and contracts of carriage on the website

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	597	0	0	-180	0	777
Annual Time Burden (Hours)	5,779	0	0	2,888	0	2,891
Annual Cost Burden (Dollars)	510,328	0	0	326,000	0	184,328

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: There is an increase in burden hours/costs as related to the requirement to “Display Flight Information on Websites.” More specifically, as of January 1, 2018, there is a change in the regulation (14 CFR 234.11) with regard to size of “reporting” carriers that must comply with the rule and one new “reporting” carrier will need to revise its website to be compliant. There was also a slight increase in burden/costs as related to the tarmac delay provisions, as the number of reportable delays used to calculate the burden hours increased during this cycle. Overall, there was a slight decrease in 1) respondents per category and 2) hourly wage/benefits (based on 2017 DOL wage tables). For more explanation/information, see the attached “Supporting Statement.”

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 12/06/2017

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