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

Forms and Documents

Document Name	Status
60-day notice (003).pdf Supplementary Document	2024-09-19
30-day notice (003).pdf Supplementary Document	2024-09-19
2019-22973.pdf Supplementary Document	2021-06-09
DOT Response to OMB re A4A and IATA Comments.docx Supplementary Document	2018-05-03
PRA cost burden comparison for OMB w requirements 5 2 18.docx Supplementary Document	2018-05-03
2024.09.12 PRA Supporting Statement Tarmac Delay Rule_Final.docx Supporting Statement A	2024-09-19
Directive 303A - reviewed.doc Supplementary Document	2011-08-18
FAQ on Consumer Rule April 28 2010.pdf Supplementary Document	2010-06-16

IC Document Collections

IC ID	Document Title	Status
228784	Post customer service plans and contracts of carriage on the website	Unchanged
198930	Reporting Tarmac Delay Data to BTS for tarmac delays exceeding 3 hours (for domestic flights) and 4 hours (for International Flights) Instruction	Unchanged
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%	Unchanged
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	Unchanged
187505	Changing tarmac delay record retention requirement into narrative reporting requirement that complies with 49 U.S.C. 42301 (h)	Modified

ICR Details

OMB Control No: 2105-0561	ICR Reference No: 202409-2105-001
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: 09/19/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	408	0
Time Burden (Hours)	5,331	0
Cost Burden (Dollars)	472,490	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: (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. 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: 5

IC Title	Form No.	Form Name
Changing tarmac delay record retention requirement into narrative reporting requirement that complies with 49 U.S.C. 42301 (h)
Post customer service plans and contracts of carriage on the website
Reporting Tarmac Delay Data to BTS for tarmac delays exceeding 3 hours (for domestic flights) and 4 hours (for International Flights)
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 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	0	0	0	0	408
Annual Time Burden (Hours)	5,331	0	0	0	0	5,331
Annual Cost Burden (Dollars)	472,490	0	0	0	0	472,490

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:

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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: 09/19/2024

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