Report of Passenger Denied Confirmed Space

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form Form 251 Passenger Denied Boarding	Form and Instruction	Removed	Repair queued
Form Form 251 Report of Passenger Denied Confirmed Space	Form and Instruction	Removed	Repair queued
Form Form 250 Form 205	Form and Instruction	New	Available
Form Form 250 Codeshare Flights They Market	Form and Instruction	New	Repair queued
Form Form 250 Form 205	Form and Instruction	New	Available
Form Form 250 Flights They Operate	Form and Instruction	New	Repair queued
Updated OMB-2138-0018 burden hours.xlsx	Supplementary Document	Uploaded 2017-08-29	Repair queued
OMB2138-0018.justification_18rpting_2018 OMB required.docx	Supplementary Document	Uploaded 2017-08-17	Available
PRA - OST - 2138 0018 - SS - 012721.docx	Supporting Statement A	Uploaded 2021-01-27	Repair queued
USCODE-1999-title14-vol4-part250.pdf	Supplementary Document	Uploaded 2017-06-07	Repair queued
OMB 2138-0018 Part 251 instructions.doc	Supplementary Document	Uploaded 2017-06-07	Repair queued
OMB2138-0018.justification_2017 OMB required.docx	Supplementary Document	Uploaded 2017-06-07	Repair queued
2016 EAPP III final rule - 30-day notice.pdf	Supplementary Document	Uploaded 2017-06-07	Repair queued
2014 EAPP III NPRM - 60-day notice.pdf	Supplementary Document	Uploaded 2017-06-07	Repair queued
Updated OMB0018.justification.2008 for Final Rule (2).doc	Supplementary Document	Uploaded 2017-06-07	Repair queued
Final_Rule_Part 250_2008.pdf	Supplementary Document	Uploaded 2017-06-07	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
26881	Report of Passenger Denied Confirmed Space	Form and Instruction	Removed	Passenger Denied Boarding
26881	Report of Passenger Denied Confirmed Space	Form and Instruction	Removed
245460	Codeshare Flights They Market	Form and Instruction	New	Form 205
245460	Codeshare Flights They Market	Form and Instruction	New
245459	Flights They Operate	Form and Instruction	New	Form 205
245459	Flights They Operate	Form and Instruction	New

ICR Details

OMB Control No: 2138-0018	ICR Reference No: 202101-2138-001
Status: Historical Active	Previous ICR Reference No: 201706-2138-001
Agency/Subagency: DOT/BTSA	Agency Tracking No:
Title: Report of Passenger Denied Confirmed Space
Type of Information Collection: Reinstatement without change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/03/2021
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/27/2021
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2024	36 Months From Approved
Responses	84	0	0
Time Burden (Hours)	1,144	0	0
Cost Burden (Dollars)	35,635	0	0

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Abstract: This is a request to reinstate a previously approved information collection. The Department’s oversales rule in 14 CFR Part 250 (Part 250) establishes minimum standards for the treatment of airline passengers holding confirmed reservations who are not accommodated because their flight has been oversold. BTS Form 250 Report of Passengers Denied Confirmed Space, is filed pursuant to §250.10 of this regulation. The Department uses Form 250 data to monitor airlines’ compliance with Part 250. The Department has collected and published information regarding the industry’s practice of overselling flights for over 40 years but the form that is the basis for this information has not been updated during this time. Further, in recent years, there have been changes in the airline industry regarding how airlines handle oversale situations and denied boardings. For example, to reduce the number of involuntary denied boardings, airlines have increased the amount of compensation offered to passengers in exchange for voluntary changes to a passenger’s itinerary. These changes have resulted in an overall reduction in the rate of denied boardings, but the practice still occurs and is widely relied on by the airline industry. The Department is seeking to reinstate the current OMB control number, and to revise and rename Form 251 to Form 250 to reduce the burden on airlines, better clarify the instructions for completing the form, and provide more relevant information to consumers.

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Authorizing Statute(s): US Code: 49 USC 329 Name of Law: DOT Aviation collection and dissemination
   US Code: 49 USC 41708 Name of Law: DOT Collection Authority
  

Citations for New Statutory Requirements: None

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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:
	85 FR 12664	03/03/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 86990	12/31/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

table that charts list of burden

IC Title	Form No.	Form Name
Codeshare Flights They Market	Form 250	Form 205
Flights They Operate	Form 250	Form 205
Report of Passenger Denied Confirmed Space	Form 251	Passenger Denied Boarding

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ICR Summary of Burden

table that charts list 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	84	0	0	84	-72	72
Annual Time Burden (Hours)	1,144	0	0	1,144	-1,152	1,152
Annual Cost Burden (Dollars)	35,635	0	0	35,635	0	0

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: No

Burden Reduction Due to:

Short Statement: This is a reinstatment In November 2016, the Department issued a final rule, Enhancing Airline Passenger Protections (81 FR 76800), which, among other things, expanded the pool of carriers required to file Form 251 (now Form 250). Under the previous rule, U.S. carriers that account for at least 1 percent of the domestic scheduled passenger revenue were required to file Form 250. Under the 2016 rule, this threshold was lowered to 0.5 percent. The 2016 rule also requires that marketing carriers report oversales data for the domestic codeshare flights they market. Under the previous rule, carriers were only required to report the oversales data for flights that they operate. The new requirements regarding oversales reporting was applicable to flights operated on or after January 1, 2018. The expanded information collection by the new rule allows the Department to collect oversales data from smaller airlines that often serve small communities. The Department publishes this additional data to give the public a more comprehensive view of the industry-wide oversales situation.

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Annual Cost to Federal Government: $15,000

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? No

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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: 01/27/2021

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