82 FR 53563 - Notice of Submission of Proposed Information Collection to OMB

DEPARTMENT OF TRANSPORTATION
Office of the Secretary

Federal Register Volume 82, Issue 220 (November 16, 2017)

In accordance with the Paperwork Reduction Act of 1995, as amended, this notice announces the Department of Transportation's (Department) intention to reinstate an Office of Management and Budget (OMB) control number for the collection and posting of certain aviation consumer protection-related information from U.S. carriers and foreign carriers. On April 25, 2011, the DOT issued a final rule that, among other things, extended existing consumer protection requirements that previously applied only to U.S. carriers to foreign carriers and required that certain U.S. and foreign air carriers report tarmac delay information to the DOT for passenger operations that experience a tarmac delay time of 3 hours or more at a U.S. airport (See, DOT-OST- 2010-0140). This request seeks to reinstate the control number that is associated with the information collection requirements in that rule, OMB Control Number 2105-0561. In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice also announces that the request for reinstatement of an OMB Control Number for the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comments. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on May 22, 2017 (82 FR 97 at 23486).

[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Pages 53563-53566]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24834]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[OST Docket No. DOT-OST-2010-0140]


Notice of Submission of Proposed Information Collection to OMB

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, as 
amended, this notice announces the Department of Transportation's 
(Department) intention to reinstate an Office of Management and Budget 
(OMB) control number for the collection and posting of certain aviation

[[Page 53564]]

consumer protection-related information from U.S. carriers and foreign 
carriers. On April 25, 2011, the DOT issued a final rule that, among 
other things, extended existing consumer protection requirements that 
previously applied only to U.S. carriers to foreign carriers and 
required that certain U.S. and foreign air carriers report tarmac delay 
information to the DOT for passenger operations that experience a 
tarmac delay time of 3 hours or more at a U.S. airport (See, DOT-OST-
2010-0140). This request seeks to reinstate the control number that is 
associated with the information collection requirements in that rule, 
OMB Control Number 2105-0561.
    In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), this notice also announces that the request for 
reinstatement of an OMB Control Number for the Information Collection 
Request (ICR) abstracted below is being forwarded to the Office of 
Management and Budget (OMB) for review and comments. A Federal Register 
Notice with a 60-day comment period soliciting comments on the 
following information collection was published on May 22, 2017 (82 FR 
97 at 23486).

DATES: Comments on this notice must be received by December 18, 2017. 
Interested persons are invited to submit comments regarding this 
proposal.

ADDRESSES: Send comments regarding the burden estimate, including 
suggestions for reducing the burden, to the Office of Management and 
Budget, Attention: Desk Officer for the Office of the Secretary of 
Transportation, 725 17th Street NW., Washington, DC 20503. Comments may 
also be sent via email to OMB at the following address: 
[email protected].
    To ensure that you do not duplicate your docket submissions, please 
submit them by only one of the following means:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Ave. SE., West Building Ground Floor, 
Room W-12/140, Washington, DC 20590-0001;
     Hand delivery: West Building Ground Floor, Room W-12/140, 
1200 New Jersey Ave. SE., between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The telephone number is 202-366-9329.

FOR FURTHER INFORMATION CONTACT: Daeleen Chesley, Office of the 
Secretary, Office of the Assistant General Counsel for Aviation 
Enforcement and Proceedings (C-70), Department of Transportation, 1200 
New Jersey Ave. SE., Washington, DC 20590, 202-366-9342 (voice) 202-
366-7152 (fax) or [email protected].

SUPPLEMENTARY INFORMATION: 
    Title: Submission of Miscellaneous Information Collection Systems 
as Required by the Department's Rules to Enhance Airline Passenger 
Protections.
    OMB Control Number: 2105-0561.
    On April 25, 2011, the Department issued a rule to enhance airline 
passenger protections that, among other things, extended to foreign 
carriers the requirement to post tarmac delay plans, customer service 
plans, and contracts of carriage on their Web sites. This requirement 
had previously only applied to U.S. carriers. Airlines are also 
required to adopt a Customer Service Plan, audit adherence to the plan 
annually, and retain the results for two years. In addition, a prior 
rule issued on December 30, 2009, required that each reporting air 
carrier (i.e., currently U.S. carriers that account for at least 1 
percent of domestic scheduled passenger revenues) display on its Web 
site information on each listed flights' on-time performance for the 
previous month for both the carrier's flights and those of its non-
reporting code-share carriers. The rules also require that U.S. air 
carriers that operate passenger service and foreign air carriers that 
operate scheduled passenger service to or from the U.S. retain for two 
years certain information about any ground delay that lasts at least 
three hours.
    The Paperwork Reduction Act of 1995 (PRA) and its implementing 
regulations, 5 CFR part 1320, require Federal agencies to issue two 
notices seeking public comment on information collection activities 
before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 
1320.5, 1320.8(d)(1), 1320.12. On May 22, 2017, OST published a 60-day 
notice in the Federal Register soliciting comment on ICRs for which the 
agency was seeking OMB approval (82 FR 97 at 23486). OST received one 
comment after issuing this notice. The commenter, Airport Council 
International (ACI) strongly supported the renewal of this control 
number. Accordingly, the Department announces that these information 
collection activities have been re-evaluated and certified under 5 CFR 
1320.5(a) and forwarded to OMB for review and approval pursuant to 5 
CFR 1320.12(c).
    Before OMB decides whether to approve these proposed collections of 
information, it must provide 30 days for public comment. 44 U.S.C. 
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or 
disapprove paperwork packages between 30 and 60 days after the 30-day 
notice is published. 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d); see also 
60 FR 44978, 44983 (Aug. 29, 1995). The 30-day notice informs the 
regulated community to file relevant comments to OMB and affords the 
agency adequate time to digest public comments before it renders a 
decision. 60 FR 44983 (Aug. 29, 1995). Therefore, respondents should 
submit their respective comments to OMB within 30 days of publication 
to best ensure their full consideration. 5 CFR 1320.12(c); see also 60 
FR 44983 (Aug. 29, 1995).
    This notice addresses five information collection requirements 
concerning information collection requirements set forth in the 
Department's airline passenger protection rules. The reinstated OMB 
control number will be applicable to all information collection systems 
set forth in this notice. For each of these information collections, 
the title, a description of the respondents, and an estimate of the 
annual recordkeeping and periodic reporting burden (rounded to the 
nearest hour) are set forth below:
    1. Requirement to post customer service plans and contracts of 
carriage on a carrier's Web site. (259.2 and 259.6).
    Title: Posting of Customer Service Plan and Contract of Carriage on 
Web site.
    Respondents: U.S. carriers that operate scheduled passenger or 
public charter service and foreign air carriers operating scheduled 
passenger or public charter service to or from the United States, using 
any aircraft with a designed seating capacity of 30 or more seats. 
Applicable to U.S. carriers that have a Web site and foreign carriers 
that have a Web site marketed toward U.S. consumers.
    Estimated Number of Respondents: 45 U.S. airlines and 65 foreign 
carriers.
    Estimated Annual Burden on Respondents: 15 minutes per year for 
each U.S. carrier and foreign carrier. The estimate was calculated by 
multiplying the estimated time (15 min) to post an updated copy of the 
carrier's customer service and/or contract of carriage on its Web site 
per year (if changes are made) by the number of updates per carrier in 
each year (1) for U.S and foreign carriers.
    Estimated Total Burden on Respondents: 28 hours (1,680 minutes, 
average of 15 minutes per U.S. carrier to post plans and contracts of 
carriage on Web site).
    Frequency: One time per respondent.

[[Page 53565]]

    2. Requirement to retain for two years information about any tarmac 
delay that lasts at least three hours. (259.2 and 259.4).
    Title: Retaining Ground Delay Information.
    Respondents: U.S. carriers that operate or market scheduled or 
public charter passenger service using any aircraft with a designed 
seating capacity of 30 or more seats, and foreign air carriers that 
operate or market scheduled or public charter passenger service to and 
from the United States using any aircraft with a designed seating 
capacity of 30 or more seats. To be covered, the tarmac delay must have 
occurred at a U.S. large hub, medium hub, small hub or non-hub airport.
    Estimated Number of Respondents: 61 U.S. and 93 foreign carriers.
    Estimated Annual Burden on Respondents: A maximum of 88 hours 
(5,280 minutes) for a U.S. respondent and a maximum of 32 hours (1,920 
minutes) for a foreign respondent. The estimate was calculated 
multiplying the estimated time to retain information about one ground 
delay (2 hours) by the total number of ground delay incidents lasting 
at least three hours per U.S. respondent (a maximum of 44 incidents, 
derived from analysis of tarmac delays for CY2016). For foreign 
respondents, the estimate was similarly calculated by multiplying the 
estimated time to retain information about one ground delay (4 hours) 
by the total number of ground delay incidents lasting at least three 
hours for CY2016 (a maximum of 8 incidents).
    Estimated Total Annual Burden: A maximum of 680 hours (40,800 
minutes) for all respondents. For U.S. carriers, the subtotal was 
determined by multiplying the sum of the total per report time (2 
hours) for U.S. carriers by the total number of CY2016 ground delay 
incidents lasting at least three hours for all U.S. carriers (84 total 
incidents). For foreign carriers the subtotal was determined by 
multiplying the per report time (4 hours) for foreign carriers 
multiplied by the total number of ground delay incidents lasting at 
least three hours for the foreign carriers (168 total incidents). The 
estimate was calculated by adding the sum of the two subtotals for all 
CY2016 tarmac delays lasting at least three hours (168 hours for U.S. 
carriers plus 512 hours for foreign carriers).
    Frequency: A maximum of 44 ground delay information sets to retain 
per year for a single respondent. (N.b. Some air carriers may not 
experience any ground delay incidents of at least three hours in each 
year, while one air carrier experienced 44 three-hour plus delays in 
CY2016 per data reported to the Bureau of Transportation Statistics).
    3. Requirement that certain U.S. and foreign air carriers retain 
for two years the results of its annual self-audit of its compliance 
with its Customer Service Plan. (259.2 and 259.5)
    Title: Retaining Self-audit of Customer Service Plan.
    Respondents: U.S. carriers that operate scheduled passenger service 
using any aircraft with a designed seating capacity of 30 or more 
seats, and foreign air carriers that operate scheduled passenger 
service to and from the United States using any aircraft with a 
designed seating capacity of 30 or more seats. Applicable to U.S. 
carriers that have a Web site and foreign carriers that have a Web site 
marketed toward U.S. consumers.
    Number of Respondents: 45 U.S. and 65 foreign carriers.
    Estimated Annual Burden on Respondents: 15 minutes per year for 
each respondent. The estimate was calculated by multiplying the 
estimated time to retain a copy of the carrier's self-audit of its 
compliance with its Customer Service Plan by the number of audits per 
carrier in a given year (1).
    Estimated Total Annual Burden: A maximum of 28 (1,680 minutes) for 
all respondents. The estimate was calculated by multiplying the time in 
a given year for each carrier to retain a copy of its self-audit of its 
compliance with its Customer Service Plan (15 minutes) by the total 
number of covered carriers (115 carriers).
    Frequency: One information set to retain per year for each 
respondent.
    4. Requires that each large U.S. carrier display on its Web site, 
at a point before the consumer selects a flight for purchase, the 
following information for each listed flight regarding its on-time 
performance during the last reported month: The percentage of arrivals 
that were on time (within 15 minutes of scheduled arrival time), the 
percentage of arrivals that were more than 30 minutes late (with 
special highlighting if the flight was more than 30 minutes late more 
than 50 percent of the time), and the percentage of flight 
cancellations if the flight is cancelled more than 5% of the time. In 
addition, a marketing/reporting carrier display delay data for its non-
reporting code-share carrier(s). (234.11)
    Title: Displaying On-time performance Information on Carrier Web 
site.
    Respondents: Currently every U.S. carrier that accounts for at 
least one percent of scheduled passenger revenue and maintains a Web 
site. For travel on or after January 1, 2018, every U.S. carrier that 
accounts for at least 0.5 percent and less than 1.0 percent of domestic 
scheduled passenger revenue and that market flights directly to 
consumers via a Web site.
    Number of Respondents: 10 carriers presently; 11 carriers beginning 
January 1, 2018.
    Estimated Annual Burden on Respondents: 2 hours per month (24 
hours) to cover both updates of a carrier's own delay data and updates 
of code-share delay data.
    Estimated total annual burden: No more than 264 hours (15,840 
minutes) a year for all respondents. The estimate was calculated by 
multiplying the total number of hours per carrier per year for 
management of data links (24) by the number of currently covered 
carriers (11). For the first year, the annual burden will also include 
the 4,673 (280,380) hours for one newly reporting carrier.
    Frequency: Updating information for each flight listed on Web site 
12 times per year (1 time per month) for each respondent (for both own 
carrier delay data and code-share delay data).
    5. Requirement that certain carriers report tarmac delay data for 
tarmac delays exceeding 3 hours to the Department monthly. (244.2)
    Title: Reporting Tarmac Delay Data for Tarmac Delays Exceeding 3 
Hours (to the extent such information is not reported by U.S. carriers 
under 14 CFR part 234).
    Respondents: U.S. carriers that operate scheduled passenger service 
or public charter service using any aircraft with a designed seating 
capacity of 30 or more seats, and foreign air carriers that operate 
scheduled passenger service to and from the United States using any 
aircraft with a designed seating capacity of 30 or more seats. To be 
covered, the tarmac delay must have occurred at a U.S. large hub, 
medium hub, small hub or non-hub airport.
    Number of Respondents: 61 U.S. and 70 foreign carriers.
    Estimated Annual Burden on Respondents: 0.0 to 22.0 hours per U.S. 
respondent (the latter if 44 three-hour plus tarmac delays must be 
reported) and 0.0 to 4 hours per foreign respondent (the latter if 8 
three-hour plus tarmac delays must be reported). This is estimating 
that each report takes 30 minutes to submit.
    Estimated Total Annual Burden: 106 hours (6,360 minutes) for all 
respondents.
    Frequency: One information set to submit per incident for each 
respondent that experiences a tarmac delay of 3 hours or more (212 
three-hour plus tarmac delay reports total were

[[Page 53566]]

submitted in CY16 to the Bureau of Transportation Statistics).
    We invite comments on (a) whether the collection of information is 
necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility; (b) the accuracy of the Department's estimate of the burden of 
the proposed information collection; (c) ways to enhance the quality, 
utility and clarity of the information to be collected; and (d) ways to 
minimize the burden of the collection of information on respondents, 
including the use of automated collection techniques or other forms of 
information technology. All comments will also become a matter of 
public record on the docket.

    Issued this 8th day of November 2017, at Washington, DC.
Claire W. Barrett,
DOT Chief Privacy & Information Governance Officer, Office of the 
Secretary.
[FR Doc. 2017-24834 Filed 11-15-17; 8:45 am]
 BILLING CODE 4910-9X-P