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

Forms and Documents

Document Name	Status
2019-22973.pdf Supplementary Document	2021-06-09
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
2021-06-09 PRA Supporting Statement Tarmac Delay Rule.docx Supporting Statement A	2021-06-09
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	Unchanged
198930	Reporting Tarmac Delay Data to BTS for tarmac delays exceeding 3 hours (for domestic flights) and 4 hours (for International Flights) 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%	Unchanged
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	Unchanged
187505	Changing tarmac delay record retention requirement into narrative reporting requirement that complies with 49 U.S.C. 42301 (h)	Modified

ICR Details

OMB Control No: 2105-0561	ICR Reference No: 202106-2105-001
Status: Received in OIRA	Previous ICR Reference No: 201710-2105-001
Agency/Subagency: DOT/OST	Agency Tracking No:
Title: 14 CFR Parts 234, 259, and 399 Enhancing Airlines Protections
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 06/09/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2021
Responses	408	597
Time Burden (Hours)	5,331	5,779
Cost Burden (Dollars)	472,490	510,328

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Abstract: The Enhancing Airline Passenger Protections Rule and the Tarmac Delay Rule, as amended, require the following paperwork requirements for each covered carrier: (i) a narrative report about any ground delay that lasts over three hours (for domestic flights) or four hours (for international flights), (ii) an audit of the carrier’s adherence to its Customer Service Plan annually and retention of the results for two years, (iii) the display of 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, (iv) a data report for all passenger operations that experience a tarmac time of over three hours (for domestic flights) or over four hours (for international flights) at a U.S. airport, and (v) the posting of the carrier’s customer service plan and contract of carriage on its website. The information collection furthers the objectives of 49 U.S.C. §§ 41712, 40101(a)(4), 40101(a)(9), 41702, and 42301 to protect consumers from unfair or deceptive practices, to ensure safe and adequate service in air transportation, and to protect consumers from excessive tarmac delays. 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)
   US Code: 49 USC 40101 (a) (9)
   US Code: 49 USC 41702
   US Code: 49 USC 41712
  

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

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2105-AE47	Final or interim final rulemaking	86 FR 23260	05/03/2021

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 57370	10/25/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 23260	05/03/2021
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
Changing tarmac delay record retention requirement into narrative reporting requirement that complies with 49 U.S.C. 42301 (h)
Post customer service plans and contracts of carriage on the website
Reporting Tarmac Delay Data to BTS for tarmac delays exceeding 3 hours (for domestic flights) and 4 hours (for International Flights)
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

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ICR Summary of Burden

	Total Request	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	408	597	0	-189	0	0
Annual Time Burden (Hours)	5,331	5,779	0	-448	0	0
Annual Cost Burden (Dollars)	472,490	510,328	0	-37,838	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

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

Burden Reduction Due to: Changing Regulations

Short Statement: The information collections under Final Rule, Tarmac Delay Rule, 86 FR 23,260 (May 3, 2021), include program changes that reduce the burden on carriers. Under this final rule, the Department eliminated the requirement that tarmac delay reports be filed under 14 CFR Part 244 for international tarmac delays of between 3 and 4 hours in duration. Also, the final rule states reports for tarmac delays on scheduled domestic passenger flights no longer needed to be reported under 14 CFR Part 244, provided that such flights are reported under 14 CFR Part 234. Instead, reports are now only required under this information collection if (1) the tarmac delay exceeds 3 hours for domestic flights or 4 hours for international flights, and (2) the tarmac delay is not already reported by the U.S. carrier under a different regulation (14 CFR Part 234). Further, under the final rule, carriers no longer need to retain for two years the records related to these tarmac delays. Instead, carriers are required to file a report with a written description of the tarmac delay incident to the Department’s Office of Aviation Consumer Protection. Because U.S. carriers already file such reports pursuant to 49 U.S.C. 42301(h), U.S. carriers do not encounter any additional reporting burdens under the rule’s changes to 14 CFR 259.4, and would experience a net burden decrease as a result of the proposed elimination of the record retention requirement. For purposes of calculating total burdens, the Department has decided to incorporate the U.S. carrier reporting burden under 49 U.S.C. 42301(h) into this information collection, thereby combining the burden calculation for both U.S. and foreign carrier narrative reports under this rule. U.S. carriers file narrative reports for the 134 average annual tarmac delays they experience, while the 14 average annual tarmac delays operated by foreign air carriers would result in new reports being filed under 14 CFR 259.4. These reports replace the record retention that was required of carriers prior to this final rule.

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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? 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: 06/09/2021

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