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

Forms and Documents

Document Name	Status
FAQ on Consumer Rule April 28 2010.pdf Supplementary Document	2010-06-16
Supporting_Statement-_Enhancing_Airline_Passenger_Protections_6-16-10 (OMB final).doc Supporting Statement A	2010-06-16

IC Document Collections

IC ID	Document Title	Status
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 four hours.	Modified

ICR Details

OMB Control No: 2105-0561	ICR Reference No: 201002-2105-001
Status: Historical Active	Previous ICR Reference No: 200812-2105-001
Agency/Subagency: DOT/OST	Agency Tracking No:
Title: 14 CFR Parts 234, 259, and 399 Enhancing Airlines Protections
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 07/07/2010
	Date Received in OIRA: 03/15/2010
Terms of Clearance: OST should work with the Bureau of Transportation Statistics to coordinate their related information collection/s, since some of the information collection activities appear to be duplicative. OST (with BTS) should brief OMB on the progress of this activity no later than July, 2011. Further guidance related to this regulation and resulting information collection/s should be sent to OMB for review. Please consult with OIRA desk officer as guidance is developed.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/29/2012	36 Months From Approved
Responses	3,621	0	0
Time Burden (Hours)	107,885	0	0
Cost Burden (Dollars)	3,608,662	0	0

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Abstract: The Final Rule (FR) proposes the following paperwork requirements for each covered carrier: (i) retain for two years certain information about any ground delay that either triggers the carrier’s contingency plans for lengthy tarmac delays or lasts at least four hours, (ii) audit its own adherence to its Customer Service Plan annually and retain the results for two years, and (iii) display information concerning listed flights’ on-time performance for the previous month on its website. 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:
2105-AD72	Final or interim final rulemaking	74 FR 68983	12/30/2009

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 74586	12/08/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 68983	12/30/2009
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 3

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 four 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

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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	3,621	0	3,621	0	0	0
Annual Time Burden (Hours)	107,885	0	107,885	0	0	0
Annual Cost Burden (Dollars)	3,608,662	0	3,608,662	0	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: No

Burden Reduction Due to:

Short Statement: In the NPRM, it was estimated that only 18 reporting carriers needed to fulfill the Departments requirements of retaining tarmac delay information lasting four hours and customer service plans. However, the Final Rule applied to a larger number of carriers based on tarmac delays that last 3 hours rather than 4 hours as initially estimated; thus creating a significant increase in burden hours.

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Annual Cost to Federal Government: $0

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

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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]? Uncollected

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: 03/15/2010

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