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

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
60-day notice (003).pdf	Supplementary Document	Uploaded 2024-09-23	Repair queued
30-day notice (003).pdf	Supplementary Document	Uploaded 2024-09-23	Repair queued
2019-22973.pdf	Supplementary Document	Uploaded 2021-06-09	Repair queued
DOT Response to OMB re A4A and IATA Comments.docx	Supplementary Document	Uploaded 2018-05-03	Repair queued
PRA cost burden comparison for OMB w requirements 5 2 18.docx	Supplementary Document	Uploaded 2018-05-03	Missing upstream
2024.09.12 PRA Supporting Statement Tarmac Delay Rule_Final.docx	Supporting Statement A	Uploaded 2024-09-23	Repair queued
60-Day Notice Consumer Rule 5 22 17.pdf	Supplementary Document	Uploaded 2017-10-25	Missing upstream
Directive 303A - reviewed.doc	Supplementary Document	Uploaded 2011-08-18	Repair queued
FAQ on Consumer Rule April 28 2010.pdf	Supplementary Document	Uploaded 2010-06-16	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
271242	Submission of Narrative Report Regarding Excessive Tarmac Delays (Foreign Carriers)		New
228784	Submission of Data Report for Excessive Tarmac Delays for BTS		Modified
198930	Submission of Narrative Report Regarding Excessive Tarmac Delays: US Carriers	Instruction	Modified
187524	Dispaly of On-time Performance Data on Carrier Web Sites		Modified
187522	Adoption and Audit of Customer Service Plans and Retention of Results		Modified
187505	Posting of Tarmac Delay Plans, Customer Service Plans and Contracts of Carriage on Carrier Web Sites		Modified

ICR Details

OMB Control No: 2105-0561	ICR Reference No: 202409-2105-002
Status: Received in OIRA	Previous ICR Reference No: 202106-2105-001
Agency/Subagency: DOT/OST	Agency Tracking No:
Title: 14 CFR Parts 234, 259, and 399 Enhancing Airlines Protections
Type of Information Collection: Reinstatement without change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/30/2024

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	1,228	0
Time Burden (Hours)	1,482	0
Cost Burden (Dollars)	10,496	0

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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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 44758	05/21/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 73188	09/09/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 6

table that charts list of burden

IC Title	Form No.	Form Name
Adoption and Audit of Customer Service Plans and Retention of Results
Dispaly of On-time Performance Data on Carrier Web Sites
Posting of Tarmac Delay Plans, Customer Service Plans and Contracts of Carriage on Carrier Web Sites
Submission of Data Report for Excessive Tarmac Delays for BTS
Submission of Narrative Report Regarding Excessive Tarmac Delays (Foreign Carriers)
Submission of Narrative Report Regarding Excessive Tarmac Delays: US Carriers

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ICR Summary of Burden

table that charts list 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	1,228	0	0	820	0	408
Annual Time Burden (Hours)	1,482	0	0	-3,849	0	5,331
Annual Cost Burden (Dollars)	10,496	0	0	-461,994	0	472,490

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: OMB Control Number 2105-0561 addresses five information collection requirements set forth in the Department’s airline passenger protection rules: (1) posting of tarmac delay plans, customer service plans, and contracts of carriage on carrier Web sites, (2) submission of a narrative report regarding tarmac delays that last over three hours for domestic flights and four hours for international flights, (3) adoption and audit of customer service plans and retention of results, (4) display of on-time performance data on carrier Web sites, and (5) submission of a data report for tarmac delays that last over three hours for domestic flights and four hours for international flights. Each information collection experienced changes with respect to associated burdens/costs. The burdens/costs associated with information collection 3 increased to reflect recent data showing a greater number of total respondents. Information collection 1 also saw an increase to burdens/costs reflective of recent data showing a greater number of respondents as well as additional time carriers may spend updating the contents of their customer service plans prior to posting pursuant to new requirements set forth in 14 CFR 259.6. Additionally, information collections 2 and 5 saw an increase in associated burdens/costs, which reflect the same recent respondent data used for information collections 1 and 3 as well as data showing an increase in the number of report submissions in recent years. There was also an increase to the burdens/costs associated with information collection 4 due to recent data showing an increase in the number of respondents. Finally, the burdens/costs for all five information collections were also affected by the fact that the hourly wage and benefits for legal secretaries and administrative assistants as reported by the Department of Labor have increased since the last reinstatement.

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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: 09/30/2024

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