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

ICR 202106-2105-001

OMB: 2105-0561

Federal Form Document

Forms and Documents
Document
Name
Status
Supplementary Document
2021-06-09
Supplementary Document
2018-05-03
Supplementary Document
2018-05-03
Supporting Statement A
2021-06-09
Supplementary Document
2017-10-25
Supplementary Document
2011-08-18
Supplementary Document
2010-06-16
ICR Details
2105-0561 202106-2105-001
Received in OIRA 201710-2105-001
DOT/OST
14 CFR Parts 234, 259, and 399 Enhancing Airlines Protections
Revision of a currently approved collection   No
Regular 06/09/2021
  Requested Previously Approved
36 Months From Approved 10/31/2021
408 597
5,331 5,779
472,490 510,328

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.

US Code: 49 USC 40101 (a) (4)
   US Code: 49 USC 40101 (a) (9)
   US Code: 49 USC 41702
   US Code: 49 USC 41712
  
US Code: 49 USC 41712
US Code: 49 USC 40101 (a) (4)
US Code: 49 USC 40101 (a) (9)
US Code: 49 USC 41702

2105-AE47 Final or interim final rulemaking 86 FR 23260 05/03/2021

  84 FR 57370 10/25/2019
86 FR 23260 05/03/2021
Yes

  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
No
Yes
Changing Regulations
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.

$0
No
    No
    No
No
No
No
No
Daeleen Chesley 202 366-6792

  No

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.
06/09/2021


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