82 FR 14437 - Reporting of Data for Mishandled Baggage and Wheelchairs and Scooters Transported in Aircraft Cargo Compartments; Extension of Compliance Date

DEPARTMENT OF TRANSPORTATION
Office of the Secretary

Federal Register Volume 82, Issue 53 (March 21, 2017)

Page Range		14437-14438
FR Document		2017-04582

The Department of Transportation is amending its regulations by extending the compliance date of its final rule on reporting of data for mishandled baggage and wheelchairs in aircraft cargo compartments from January 1, 2018 to January 1, 2019. Under that final rule, the mishandled-baggage data that air carriers are required to report changed, from the number of Mishandled Baggage Reports and the number of domestic passenger enplanements to the number of mishandled bags and the number of enplaned bags. The rule also requires separate statistics for mishandled wheelchairs and scooters used by passengers with disabilities and transported in aircraft cargo compartments. This extension is in response to a request by Airlines for America (A4A) and Delta.

Federal Register, Volume 82 Issue 53 (Tuesday, March 21, 2017)

[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Pages 14437-14438]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04582]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 234

[Docket No. DOT-RITA-2011-0001]
RIN 2105-AE65


Reporting of Data for Mishandled Baggage and Wheelchairs and 
Scooters Transported in Aircraft Cargo Compartments; Extension of 
Compliance Date

AGENCY: Office of the Secretary (OST), Department of Transportation 
(DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Transportation is amending its regulations 
by extending the compliance date of its final rule on reporting of data 
for mishandled baggage and wheelchairs in aircraft cargo compartments 
from January 1, 2018 to January 1, 2019. Under that final rule, the 
mishandled-baggage data that air carriers are required to report 
changed, from the number of Mishandled Baggage Reports and the number 
of domestic passenger enplanements to the number of mishandled bags and 
the number of enplaned bags. The rule also requires separate statistics 
for mishandled wheelchairs and scooters used by passengers with 
disabilities and transported in aircraft cargo compartments. This 
extension is in response to a request by Airlines for America (A4A) and 
Delta.

DATES: This final rule is effective March 21, 2017.

FOR FURTHER INFORMATION CONTACT: Blane A. Workie, Office of Aviation 
Enforcement and Proceedings, U.S. Department of Transportation, 1200 
New Jersey Ave. SE., Washington, DC 20590, 202-366-9342, 202-366-7152 
(fax), [email protected] (email).

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    A copy of all materials related to the original rulemaking 
proceeding (2105-AE41) may be viewed online at http://www.regulations.gov using the docket numbers listed above. A copy of 
this notice will also be placed on the docket. Electronic retrieval 
help and guidelines are available on the Web site. It is available 24 
hours each day, 365 days each year. An electronic copy of this document 
may also be downloaded from the Office of the Federal Register's Web 
site at http://www.ofr.gov and the Government Publishing Office's Web 
site at http://www.thefederalregister.org.

Background

    On November 2, 2016, the Department of Transportation published a 
final rule in the Federal Register (81 FR 76300) (RIN 2105-AE41), 
titled ``Reporting of Data for Mishandled Baggage and Wheelchairs and 
Scooters Transported in Aircraft Cargo Compartments.'' This rule 
changes the methodology for the mishandled-baggage data that U.S. air 
carriers are required to report to the Department and requires U.S. air 
carriers to report separate statistics in their mishandled baggage 
reporting for mishandled wheelchairs and scooters used by disabled 
passengers and transported in aircraft cargo compartments.
    On January 20, 2017, the White House Chief of Staff issued a 
memorandum entitled, ``Regulatory Freeze Pending Review'' (``Memo''). 
The Memo directed heads of executive departments and agencies to take 
certain steps to ensure that the President's appointees and designees 
have the opportunity to review new and pending regulations. It 
instructed agencies to temporarily postpone the effective dates of 
regulations that had been published in the Federal Register, but were 
not yet effective, until 60 days after the date of the memorandum.
    On January 27, 2017, the Department received a request from 
Airlines for America (A4A) to extend the compliance date of the final 
rule on reporting data for mishandled baggage and wheelchairs. In that 
request, the A4A cites the Memo as a reason to extend the compliance 
date. On February 10, 2017, Delta Air Lines also submitted a request to 
the Department expressing support for extending the compliance date 
which also referenced the Memo. On March 2, 2017, A4A sent a follow-up 
to its original request specifying that if the rulemaking remains that 
they are requesting that the implementation period of the final rule on 
mishandled baggage and wheelchairs be delayed one year until January 
2019 in the spirit of the Memo. A4A states that industry is facing 
challenges with parts of this regulation and needs more time to 
implement it.
    After carefully considering the requests, we have decided to grant 
an extension of the compliance date for the final rule on reporting of 
mishandled baggage and wheelchairs until January 1, 2019. As such, we 
also intend to extend the compliance date for the baggage handling 
statistics provision (14 CFR 234.6) in the final rule titled 
``Enhancing Airline Passenger Protections III,'' which was published 
contemporaneously with the final rule on reporting of data for 
mishandled baggage and wheelchairs, to January 1, 2019.

    Issued this 2nd day of March 2017 in Washington, DC, under 
authority delegated in 49 CFR 1.27(n).
Judith S. Kaleta,
Deputy General Counsel.

List of Subjects in 14 CFR Part 234

    Air carriers, Mishandled baggage, Ontime statistics, Reporting, 
Uniform system of accounts.

    Accordingly, the Department of Transportation amends 14 CFR part 
234 as follows:

[[Page 14438]]

PART 234--AIRLINE SERVICE QUALITY PERFORMANCE REPORTS

0
1. The authority citation for part 234 continues to read as follows:

    Authority: 49 U.S.C. 329, 41101, and 41701.


Sec.  234.6  [Amended]

0
2. In Sec.  234.6, in paragraphs (a) and (b) introductory text, remove 
the date ``January 1, 2018'' and add in its place ``January 1, 2019''.

[FR Doc. 2017-04582 Filed 3-20-17; 8:45 am]
 BILLING CODE 4910-9X-P

Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations 14437

or under an exemption issued by the regulations by extending the compliance entitled, ‘‘Regulatory Freeze Pending
FAA. The FAA will process requests for date of its final rule on reporting of data Review’’ (‘‘Memo’’). The Memo directed
approval or exemption in a timely for mishandled baggage and wheelchairs heads of executive departments and
manner, with the order of preference in aircraft cargo compartments from agencies to take certain steps to ensure
being: First, for those operations in January 1, 2018 to January 1, 2019. that the President’s appointees and
support of U.S. government-sponsored Under that final rule, the mishandled- designees have the opportunity to
activities; second, for those operations baggage data that air carriers are review new and pending regulations. It
in support of government-sponsored required to report changed, from the instructed agencies to temporarily
activities of a foreign country with the number of Mishandled Baggage Reports postpone the effective dates of
support of a U.S. government and the number of domestic passenger regulations that had been published in
department, agency, or instrumentality; enplanements to the number of the Federal Register, but were not yet
and third, for all other operations. mishandled bags and the number of effective, until 60 days after the date of
(2) [Reserved] enplaned bags. The rule also requires
the memorandum.
(d) Emergency situations. In an separate statistics for mishandled
emergency that requires immediate wheelchairs and scooters used by On January 27, 2017, the Department
decision and action for the safety of the passengers with disabilities and received a request from Airlines for
flight, the pilot in command of an transported in aircraft cargo America (A4A) to extend the
aircraft may deviate from this section to compartments. This extension is in compliance date of the final rule on
the extent required by that emergency. response to a request by Airlines for reporting data for mishandled baggage
Except for U.S. air carriers and America (A4A) and Delta. and wheelchairs. In that request, the
commercial operators that are subject to DATES: This final rule is effective March A4A cites the Memo as a reason to
the requirements of 14 CFR part 119, 21, 2017. extend the compliance date. On
121, 125, or 135, each person who FOR FURTHER INFORMATION CONTACT: February 10, 2017, Delta Air Lines also
deviates from this section must, within Blane A. Workie, Office of Aviation submitted a request to the Department
10 days of the deviation, excluding Enforcement and Proceedings, U.S. expressing support for extending the
Saturdays, Sundays, and Federal Department of Transportation, 1200 compliance date which also referenced
holidays, submit to the nearest FAA New Jersey Ave. SE., Washington, DC the Memo. On March 2, 2017, A4A sent
Flight Standards District Office a 20590, 202–366–9342, 202–366–7152 a follow-up to its original request
complete report of the operations of the (fax), blane.workie@dot.gov (email). specifying that if the rulemaking
aircraft involved in the deviation, remains that they are requesting that the
SUPPLEMENTARY INFORMATION:
including a description of the deviation
implementation period of the final rule
and the reasons for it. Electronic Access and Filing
on mishandled baggage and wheelchairs
(e) Expiration. This Special Federal A copy of all materials related to the
Aviation Regulation will remain in be delayed one year until January 2019
original rulemaking proceeding (2105– in the spirit of the Memo. A4A states
effect until March 20, 2019. The FAA AE41) may be viewed online at http://
may amend, rescind, or extend this that industry is facing challenges with
www.regulations.gov using the docket parts of this regulation and needs more
Special Federal Aviation Regulation as numbers listed above. A copy of this
necessary. time to implement it.
notice will also be placed on the docket.
Issued in Washington, DC, under the Electronic retrieval help and guidelines After carefully considering the
authority of 49 U.S.C. 106(f), 40101(d)(1), are available on the Web site. It is requests, we have decided to grant an
40105(b)(1)(A), and 44701(a)(5), on March 15, available 24 hours each day, 365 days extension of the compliance date for the
2017. each year. An electronic copy of this final rule on reporting of mishandled
Victoria B. Wassmer, document may also be downloaded baggage and wheelchairs until January
Acting Deputy Administrator. from the Office of the Federal Register’s 1, 2019. As such, we also intend to
[FR Doc. 2017–05515 Filed 3–16–17; 4:15 pm] Web site at http://www.ofr.gov and the extend the compliance date for the
BILLING CODE 4910–13–P Government Publishing Office’s Web baggage handling statistics provision (14
site at http://www.gpo.gov. CFR 234.6) in the final rule titled
‘‘Enhancing Airline Passenger
DEPARTMENT OF TRANSPORTATION Background
Protections III,’’ which was published
On November 2, 2016, the Department contemporaneously with the final rule
Office of the Secretary of Transportation published a final rule on reporting of data for mishandled
in the Federal Register (81 FR 76300) baggage and wheelchairs, to January 1,
14 CFR Part 234 (RIN 2105–AE41), titled ‘‘Reporting of 2019.
[Docket No. DOT–RITA–2011–0001] Data for Mishandled Baggage and
Wheelchairs and Scooters Transported Issued this 2nd day of March 2017 in
RIN 2105–AE65 in Aircraft Cargo Compartments.’’ This Washington, DC, under authority delegated
rule changes the methodology for the in 49 CFR 1.27(n).
Reporting of Data for Mishandled Judith S. Kaleta,
mishandled-baggage data that U.S. air
Baggage and Wheelchairs and
carriers are required to report to the Deputy General Counsel.
Scooters Transported in Aircraft Cargo
Department and requires U.S. air
Compartments; Extension of List of Subjects in 14 CFR Part 234
carriers to report separate statistics in
pmangrum on DSK4SPTVN1PROD with RULES

Compliance Date
their mishandled baggage reporting for Air carriers, Mishandled baggage,
AGENCY: Office of the Secretary (OST), mishandled wheelchairs and scooters Ontime statistics, Reporting, Uniform
Department of Transportation (DOT). used by disabled passengers and system of accounts.
ACTION: Final rule. transported in aircraft cargo
compartments. Accordingly, the Department of
SUMMARY: The Department of On January 20, 2017, the White House Transportation amends 14 CFR part 234
Transportation is amending its Chief of Staff issued a memorandum as follows:

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14438 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations

PART 234—AIRLINE SERVICE SUMMARY: This document announces the Electronic Access and Filing
QUALITY PERFORMANCE REPORTS further extension of the effective date of A copy of the Notice of Proposed
the following regulations until May 20, Rulemakings (NPRMs), all comments
■ 1. The authority citation for part 234 2017: National Performance
continues to read as follows: received, the Final Rules, and all
Management Measures; Assessing background material may be viewed
Authority: 49 U.S.C. 329, 41101, and Pavement Condition for the National online at http://www.regulations.gov
41701. Highway Performance program and using the docket numbers listed above.
Bridge Condition for the National A copy of this notice will be placed on
§ 234.6 [Amended]
Highway Performance Program, RIN each docket. Electronic retrieval help
■ 2. In § 234.6, in paragraphs (a) and (b) 2125–AF53; and National Performance
introductory text, remove the date and guidelines are available on the Web
Management measures; Assessing site. It is available 24 hours each day,
‘‘January 1, 2018’’ and add in its place Performance of the National Highway
‘‘January 1, 2019’’. 365 days each year. An electronic copy
System, Freight Movement on the of this document may also be
[FR Doc. 2017–04582 Filed 3–20–17; 8:45 am] Interstate System, and Congestion downloaded from the Office of the
BILLING CODE 4910–9X–P Mitigation and Air Quality Federal Register’s Web site at http://
Improvement Program, RIN 2125–AF54. www.ofr.gov and the Government
DATES: As of March 21, 2017, the Publishing Office’s Web site at http://
DEPARTMENT OF TRANSPORTATION
effective date of the final rules www.gpo.gov.
Federal Highway Administration published on January 18, 2017, at 82 FR Background
5886 and January 18, 2017, at 82 FR
23 CFR Part 490 5970, respectively, delayed until March On January 20, 2017, the Assistant to
21, 2017 on February 13, 2017 at 82 FR the President and Chief of Staff issued
[Docket No. FHWA–2013–0053; FHWA– a memorandum entitled, ‘‘Regulatory
2013–0054] 10441, is further delayed to May 20,
2017. Freeze Pending Review.’’ This
RIN 2125–AF53; 2125–AF54 memorandum directed heads of
The incorporation by reference of executive departments and agencies to
National Performance Management certain publications listed in the final take certain steps to ensure that the
Measures; Assessing Pavement rule published on January 18, 2017, at President’s appointees and designees
Condition for the National Highway 82 FR 5886 is approved by the Director have the opportunity to review new and
Performance Program and Bridge of the Federal Register as of May 20, pending regulations. It instructed
Condition for the National Highway 2017. agencies to temporarily postpone the
Performance Program; National effective dates of regulations that had
FOR FURTHER INFORMATION CONTACT:
Performance Management Measures; been published in the Federal Register
Assessing Performance of the National Christopher Richardson, Assistant Chief
but were not yet effective until 60 days
Highway System, Freight Movement on Counsel for Legislation, Regulations,
after the date of the memorandum
the Interstate System, and Congestion and General Law, Office of Chief
(January 20, 2017). In accordance with
Mitigation and Air Quality Improvement Counsel, Federal Highway
that directive, the FHWA delayed the
Program Administration, 1200 New Jersey
effective date of both regulations to
Avenue SE., Washington, DC 20590.
AGENCY: Federal Highway March 21, 2017 on February 13, 2017 at
Telephone: (202) 366–0761. Office
Administration (FHWA), Department of 82 FR 10441. After conducting a
hours are from 8:00 a.m. to 4:30 p.m.
Transportation (DOT). preliminary review, the Department is
e.t., Monday through Friday, except
delaying the effective dates of the
ACTION: Final regulations; delay of Federal holidays.
regulations for an additional 60 days as
effective dates.
SUPPLEMENTARY INFORMATION: listed below:

RIN Title Agency contact Original effective date Delayed effective date

2125–AF53 .... Assessing Pavement Condition for Francine Shaw Whitson, Office of In- February 17, 2017 ..... May 20, 2017.
the National Highway Performance frastructure, 202–366–8028.
Program and Bridge Condition for
the National Highway Performance
Program.
2125–AF54 .... Assessing Performance of the Na- Francine Shaw Whitson, Office of In- February 17, 2017 ..... May 20, 2017.
tional Highway System, Freight frastructure, 202–366–8028.
Movement on the Interstate Sys-
tem, and Congestion Mitigation and
Air Quality Improvement Program.

Waiver of Rulemaking and Delayed agency is not required to conduct President’s appointees and designees
Effective Date notice-and-comment rulemaking or need to delay the effective dates of these
delay effective dates when the agency, regulations to have adequate time to
pmangrum on DSK4SPTVN1PROD with RULES

Under the Administrative Procedure for good cause, finds that the review new or pending regulations, and
Act (APA) (5 U.S.C. 553), FHWA requirement is impracticable, neither the notice and comment process
generally offers interested parties the unnecessary, or contrary to the public nor delayed effective date could be
opportunity to comment on proposed
interest (5 U.S.C. 553(b)(B) and (d)(3)). implemented in time to allow for this
regulations and publishes rules not less
There is good cause to waive both of review.
than 30 days before their effective dates.
these requirements here as the
However, the APA provides that an

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Document Created: 2017-03-21 01:09:43
Document Modified: 2017-03-21 01:09:43

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective March 21, 2017.
Contact		Blane A. Workie, Office of Aviation Enforcement and Proceedings, U.S. Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590, 202-366-9342, 202-366-7152 (fax), [email protected] (email).
FR Citation		82 FR 14437
RIN Number		2105-AE65
CFR Associated		Air Carriers; Mishandled Baggage; Ontime Statistics; Reporting and Uniform System of Accounts

82 FR 14437 - Reporting of Data for Mishandled Baggage and Wheelchairs and Scooters Transported in Aircraft Cargo Compartments; Extension of Compliance Date

DEPARTMENT OF TRANSPORTATIONOffice of the Secretary

Federal Register Volume 82, Issue 53 (March 21, 2017)

DEPARTMENT OF TRANSPORTATION
Office of the Secretary