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

Forms and Documents

Document Name	Status
Directive 303A - reviewed.doc Supplementary Document	2011-08-18
2105 0561_Supporting_Statement_Enhancing_Airline_Passenger_Protections EAPP_final.doc Supporting Statement A	2011-08-18
FAQ on Consumer Rule April 28 2010.pdf Supplementary Document	2010-06-16

IC Document Collections

IC ID	Document Title	Status
198930	report all passenger operations that experience a tarmac time of three hours or more at a U.S. airport Instruction	New
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 three hours.	Modified

ICR Details

OMB Control No: 2105-0561	ICR Reference No: 201108-2105-001
Status: Historical Active	Previous ICR Reference No: 201002-2105-001
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
OIRA Conclusion Action: Approved with change	Conclusion Date: 08/24/2011
	Date Received in OIRA: 08/18/2011
Terms of Clearance: Approximately 3 months prior to resubmission of this collection, DOT should schedule a meeting between OMB, DOT/Office of the Secretary/Aviation Consumer Protection Division and DOT/Bureau of Transportation Statistics to discuss whether or not statistical methods are employed in the use of this data. If so, resubmission of the collection should include a Supporting Statement Part B. Also, the BTS Directive providing reporting instruction should be revised to include Paperwork Reduction Act information, including the OMB Control number associated with this collection.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2013	36 Months From Approved	02/29/2012
Responses	777	0	3,621
Time Burden (Hours)	2,891	0	107,885
Cost Burden (Dollars)	184,328	0	3,608,662

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Abstract: The Enhancing Airline Passenger Protections Rule, as currently effective, amended, and newly adopted, requires the following paperwork requirements for each covered carrier: (i) retain for two years certain information about any ground delay that lasts at least three hours, (ii) audit its own adherence to its Customer Service Plan annually and retain the results for two years, (iii) display 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 and (iv) report all passenger operations that experience a tarmac time of three hours or more at a U.S. airport. 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	76 FR 23110	04/25/2011

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 4

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 three 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
report all passenger operations that experience a tarmac time of three hours or more at a U.S. airport

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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	777	3,621	359	0	-3,203	0
Annual Time Burden (Hours)	2,891	107,885	156	0	-105,150	0
Annual Cost Burden (Dollars)	184,328	3,608,662	11,297	1	-3,435,632	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: There are changes and adjustments made to this rule because the Department believes it is necessary to protect more passengers from lengthy tarmac delays and to provide certain standards of customer service on flights to and from the United States whether operated by U.S. or foreign carriers. As such, we have extended requirements #1 and #2 to include foreign carriers, as these carriers were not covered by EAPP #1. We also added a requirement in EAPP #2 for covered carriers to report information about tarmac delays of 3 or more hours in order to better determine the causes of tarmac delays and whether lengthy tarmac delays are or will be a significant problem for consumers. (14 CFR 234, 244, 252, 259 and 399). The burden reduction associated with this revision is due to one time costs associated with the Passenger Protection #1 Final Rule (EAPP 1). Carriers covered under EAPP 1 have already incurred the costs associated with changing their websites, resulting in a significant burden reduction/adjustment.

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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]? No

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: 08/18/2011

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