[Federal Register Volume 70, Number 73 (Monday, April 18, 2005)]
[Proposed Rules]
[Pages 20098-20099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7772]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Parts 241 and 249

[Docket No. OST-1998-4043]
RIN 2105-AC71


Aviation Data Modernization

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

ACTION: Notice of proposed rulemaking (NPRM); extension of comment 
period.

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SUMMARY: In response to several petitions, the Department of 
Transportation (the Department) is extending the comment period for 90 
days until July 18, 2005, for its NPRM on aviation data modernization 
published in the Federal Register on February 17, 2005. In the NPRM, 
DOT proposed to revise the rules governing the nature, scope, source, 
and means for collecting and processing aviation traffic data.

DATES: Submit comments by July 18, 2005. To the extent possible, we 
will consider comments received after this date in developing a final 
rule.

ADDRESSES: You may submit comments identified by the docket number OST-
1998-4043 by any of the following methods: Federal eRulemaking Portal: 
http://www.regulations.gov. Follow the instructions for submitting 
comments. Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site. Fax: 1-202-493-
2251. Mail: Docket Management System; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001. Hand Delivery: To the Docket Management 
System; Room PL-401 on the plaza level of the Nassif Building, 400 
Seventh Street, SW., Washington, DC between 9 am and 5 pm, Monday 
through Friday, except Federal Holidays.
    Instructions: You must include the docket number (OST-98-4043) or 
the Regulatory Identification Number (RIN 2105-AC71) for this notice at 
the beginning of your comments. You should submit two copies of your 
comments if you submit them by mail. If you wish to receive 
confirmation that the Department received your comments, you must 
include a self-addressed stamped postcard. Note that all comments 
received will be posted without change to http://dms.dot.gov, including 
any personal information provided, and will be accessible to Internet 
users. Please see the Privacy Act section of this document.

FOR FURTHER INFORMATION CONTACT: Richard Pittaway, Office of Aviation 
Analysis, 400 Seventh St. SW., Room 6401, Washington, DC 20590-0001, 
(202) 366-8856, or [email protected].

SUPPLEMENTARY INFORMATION: The Department of Transportation (the 
Department) is extending until July 18, 2005, the period for interested 
persons to submit comments on the February 14, 2005 NPRM published in 
the Federal Register on February 17, 2005 (70 FR 8140). In the NPRM, 
the Department proposed to revise the rules governing the nature, 
scope, source, and means for collecting and processing aviation traffic 
data. Those reporting requirements are known as the: Origin--
Destination Survey of Airline Passenger Traffic (O&D Survey); and Form 
41, Schedule T-100--U.S. Air Carrier Traffic and Capacity Data by 
Nonstop Segment and On-flight Market and Form 41, Schedule T-100(f)--
Foreign Air Carrier Traffic Data by Nonstop Segment and On-flight 
Market (collectively, the T-100/T-100(f)). Current traffic statistics 
no longer adequately measure the size, scope and strength of the air 
travel industry. This NPRM proposes to simplify the requirements placed 
upon Carriers reporting the O&D Survey. The proposed changes to the O&D 
Survey would eliminate the ambiguity in the identification of the 
Participating Carrier and eliminate the need for manual collection 
processes by designating the Issuing Carrier as the Participating 
Carrier. It would also increase accuracy by expanding the volume of 
data to 100 percent of Ticketed Itineraries, thus making the data more 
useful by collecting broader information about the Ticketed Itinerary 
sale and the scheduled itinerary details. The changes to the T-100/T-
100(f) being considered, would improve the quality of the data by 
maximizing the congruence of the O&D Survey and the T-100/T-100(f).
    On April 1, 2005, the Air Transport Association of America, Inc. 
(ATA) filed a motion (OST-1998-4043-71) requesting a 90 day extension 
of the date on which comments related to the NPRM are due. On April 4, 
2005, the Airlines Reporting Corporation (ARC) filed a request (OST-
1998-4043-72) for 90 day extension of the comment period and supported 
the request of ATA. In its answer (OST-1998-4043-73) filed on April 5, 
2005, the Airline Tariff Publishing Company supported the motion of ATA 
for a 90 day extension of the comment period. On behalf of its 47 
members, the Regional Airline Association (RAA) filed an answer (OST-
1998-4043-74) on April 6, 2005, supporting ATA's motion for a 90 day 
extension of the comment period. On April 7, 2005, the Airports Council 
International--North America (ACI-NA) filed an answer (OST-1998-4043-
75) supporting ATA's motion for a 90 day extension of the comment 
period. American Airlines, Inc. (AA) filed its own motion (OST-1998-
4043-76) on April 7, 2005, also requesting a 90 day extension of the 
comment period.
    In their motions, both ATA and AA discussed the length and 
complexity of the NPRM and the need for affected parties to understand 
and evaluate the implications of the proposed rulemaking. ATA noted 
that this rulemaking is likely to be a ``once-in-a-generation'' 
undertaking and that ``such a comprehensive reexamination of air

[[Page 20099]]

carrier reporting requirements will not recur for a long time.''
    RAA observed that ``[t]he length and complexity of the NPRM require 
more time for a proper analysis of the proposal'' and ATPCO asserted 
that ``[a] 90 day extension is reasonable given the scope of the 
suggested changes and the need for careful consideration of 
implications of those changes prior to the submission of comments on 
the NPRM.'' ACI-NA agreed, stating that ``granting ATA's motion would 
give DOT a more extensive, thorough and considered record on which to 
base its decisions without unduly delaying the rulemaking process.'' 
ARC noted that ``an extension will enable the parties to submit 
comments that more fully respond to the NPRM but will not unduly delay 
the rulemaking process.''
    Because it appears that an extension of the comment period to allow 
additional time for commenters to address the proposals in the NPRM 
would be beneficial and in the public interest, we are allowing an 
additional 90 days for submission of comments, which should be 
sufficient to accommodate commenters' need for additional time.
    Electronic Access: You can view and download this NPRM and any of 
the comments by going to the website of the Department's Docket 
Management System http://dms.dot.gov/. On that page, click on ``simple 
search.'' On the next page, type in the last four digits of the docket 
number shown on the first page of this document, 4043. Then click on 
``search.'' An electronic copy of this document also may be downloaded 
from http://regulations.gov and from the Government Printing Office's 
Electronic Bulletin Board Service at (202) 512-1661. Internet users may 
reach the Office of the Federal Register's home page at: http://www.archives.gov/federal_register/index.html and the Government 
Printing Office's database at: http://www.gpoaccess.gov/fr/ index.html. 
Anyone is able to search the electronic form of all comments received 
into any of our dockets by the name of the individual submitting the 
comment (or signing the comment, if submitted on behalf of an 
association, business, labor union, etc.). You may review the 
Department's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477-78) or you may visit http://dms.dot.gov.

    Issued in Washington, DC, on April 13, 2005.
Jeffrey Rosen,
General Counsel.
[FR Doc. 05-7772 Filed 4-14-05; 12:07 pm]
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