Report of Passenger Denied Confirmed Space

Forms and Documents

Document Name	Status
Form Form 251 Report of Passenger Denied Confirmed Space Form and Instruction	Modified
Updated OMB-2138-0018 burden hours.xlsx Supplementary Document	2017-08-29
OMB2138-0018.justification_18rpting_2018 OMB required.docx Supplementary Document	2017-08-17
OMB2138-0018.justification_18rpting_2018 OMB required.docx Supporting Statement A	2017-08-17
USCODE-1999-title14-vol4-part250.pdf Supplementary Document	2017-06-07
OMB 2138-0018 Part 251 instructions.doc Supplementary Document	2017-06-07
OMB2138-0018.justification_2017 OMB required.docx Supplementary Document	2017-06-07
2016 EAPP III final rule - 30-day notice.pdf Supplementary Document	2017-06-07
2014 EAPP III NPRM - 60-day notice.pdf Supplementary Document	2017-06-07
Updated OMB0018.justification.2008 for Final Rule (2).doc Supplementary Document	2017-06-07
Final_Rule_Part 250_2008.pdf Supplementary Document	2017-06-07

IC Document Collections

IC ID	Document Title	Status
26881	Report of Passenger Denied Confirmed Space Form and Instruction	Modified

ICR Details

OMB Control No: 2138-0018	ICR Reference No: 201706-2138-001
Status: Historical Active	Previous ICR Reference No: 201304-2138-004
Agency/Subagency: DOT/BTSA	Agency Tracking No:
Title: Report of Passenger Denied Confirmed Space
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: 10/12/2017
	Date Received in OIRA: 06/21/2017
Terms of Clearance: The agency revised its burden estimates to reflect regulatory changes.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2020	36 Months From Approved	10/31/2017
Responses	72	0	64
Time Burden (Hours)	1,152	0	640
Cost Burden (Dollars)	0	0	0

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Abstract: The information collection under OMB control number 2138-0018 would require U.S. Air Carriers to provide denied confirm space reporting which accounts for 1 percent or more of the domestic scheduled passenger revenue; this is a mandatory collection. This information collection is reported on a quarterly basis and discloses the involuntary and voluntary passengers that have been denied confirmed space. This information is received by the Bureau of Transportation Statistics (BTS). The purpose of this collection is to monitor the treatment of airline passengers holding confirmed reservations who are not accommodated because their flight has been oversold. The data is published in the Air Travel Consumer Report for consumers. The requested revision under the new final rule requires carriers that account for at least 0.5 percent of domestic scheduled passenger revenue will be added to the reporting carrier pool for the purpose of submitting Form 251. Effective January 1, 2018.

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Authorizing Statute(s): US Code: 49 USC 329 Name of Law: DOT Aviation collection and dissemination
   US Code: 49 USC 41708 Name of Law: DOT Collection Authority
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2105-AE11	Final or interim final rulemaking	81 FR 76800	11/03/2016

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 29970	05/23/2014
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 76800	11/03/2016
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Report of Passenger Denied Confirmed Space	Form 251	Passenger Denied Boarding

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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	72	64	0	8	0	0
Annual Time Burden (Hours)	1,152	640	0	512	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: ROCIS only shows an NPRM for a 2008 Rulemaking. We are attempting to close that loop by including it within this ICR renewal as a supplemental document, as we cannot go back to the 2008 or 2010 renewal time period to conclude those packages. The 2008 rule removed 200 foreign respondents from reporting which decreased the burden drastically. It also included all domestic air carriers that had at least one percent of the total domestic schedule passenger revenues. For the 2013 renewal package the burden hours decreased by 80 hours. The 2013 renewal package is reference here because we had issues processing it in ROCIS because the 2008/2010 package was never concluded. For this 2017 renewal package, a new 2016 final rule is attached. The new 2014 NPRM is being used as the 60 day notice for this 2017 renewal package. When this current 2016 final rule was published it increased the burden hours from 640 in 2013 to 768 in 2016, due to an increase in burden hours per report. When the rule becomes effective on January 1, 2018 the burden hours will increase to 1152 based on an increase in respondents from 16 in 2013 to 18 in 2018 and an increase in burden hours per report from 10 to 16.

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Annual Cost to Federal Government: $15,000

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? 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: 06/21/2017

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