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OMB Control No: 2105-0561	ICR Reference No: 202106-2105-001
Status: Historical Active	Previous ICR Reference No: 201710-2105-001
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 without change	Conclusion Date: 08/10/2021
	Date Received in OIRA: 06/09/2021
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2024	36 Months From Approved	10/31/2021
Responses	408	0	597
Time Burden (Hours)	5,331	0	5,779
Cost Burden (Dollars)	472,490	0	510,328

Abstract: The Enhancing Airline Passenger Protections Rule and the Tarmac Delay Rule, as amended, require the following paperwork requirements for each covered carrier: (i) a narrative report about any ground delay that lasts over three hours (for domestic flights) or four hours (for international flights), (ii) an audit of the carrier’s adherence to its Customer Service Plan annually and retention of the results for two years, (iii) the display of 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, (iv) a data report for all passenger operations that experience a tarmac time of over three hours (for domestic flights) or over four hours (for international flights) at a U.S. airport, and (v) the posting of the carrier’s customer service plan and contract of carriage on its website. 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.

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

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2105-AE47	Final or interim final rulemaking	86 FR 23260	05/03/2021

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 57370	10/25/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 23260	05/03/2021
Did the Agency receive public comments on this ICR? Yes

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	408	597	-189
Annual Time Burden (Hours)	5,331	5,779	-448
Annual Cost Burden (Dollars)	472,490	510,328	-37,838

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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The information collections under Final Rule, Tarmac Delay Rule, 86 FR 23,260 (May 3, 2021), include program changes that reduce the burden on carriers. Under this final rule, the Department eliminated the requirement that tarmac delay reports be filed under 14 CFR Part 244 for international tarmac delays of between 3 and 4 hours in duration. Also, the final rule states reports for tarmac delays on scheduled domestic passenger flights no longer needed to be reported under 14 CFR Part 244, provided that such flights are reported under 14 CFR Part 234. Instead, reports are now only required under this information collection if (1) the tarmac delay exceeds 3 hours for domestic flights or 4 hours for international flights, and (2) the tarmac delay is not already reported by the U.S. carrier under a different regulation (14 CFR Part 234). Further, under the final rule, carriers no longer need to retain for two years the records related to these tarmac delays. Instead, carriers are required to file a report with a written description of the tarmac delay incident to the Department’s Office of Aviation Consumer Protection. Because U.S. carriers already file such reports pursuant to 49 U.S.C. 42301(h), U.S. carriers do not encounter any additional reporting burdens under the rule’s changes to 14 CFR 259.4, and would experience a net burden decrease as a result of the proposed elimination of the record retention requirement. For purposes of calculating total burdens, the Department has decided to incorporate the U.S. carrier reporting burden under 49 U.S.C. 42301(h) into this information collection, thereby combining the burden calculation for both U.S. and foreign carrier narrative reports under this rule. U.S. carriers file narrative reports for the 134 average annual tarmac delays they experience, while the 14 average annual tarmac delays operated by foreign air carriers would result in new reports being filed under 14 CFR 259.4. These reports replace the record retention that was required of carriers prior to this final rule.

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

Agency Contact: Daeleen Chesley 202 366-6792

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