[Federal Register Volume 71, Number 244 (Wednesday, December 20, 2006)]
[Proposed Rules]
[Pages 76226-76228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21599]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Parts 217, 241, 250, 291, and 298

[Docket No. OST 2006-26053]
RIN 2139-AA11


Submitting Airline Data Via the Internet

AGENCY: Office of the Secretary, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The Department of Transportation proposes that U.S. and 
foreign air carriers submit their required recurrent financial, 
traffic, operational and consumer reports via the internet (e-filing). 
The proposed action would enhance security of the data, eliminate air 
carriers' mailing costs, eliminate the need for the Department to 
keypunch hardcopy data, and provide reporting air carriers with 
immediate notification and a receipt from the Department that the 
report was received.

DATES: Written comments should be submitted on or before February 20, 
2007.

ADDRESSES: You may send comments, identified by Docket Number OST-2006-
26053, using any of the following methods:
    DOT Docket Web site: http://dms.dot.gov and follow the instructions 
for sending your comments electronically.
    Government-wide rulemaking Web site: http://www.regulations.gov and 
follow the instructions for sending your comments electronically.
    Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    Fax: 1-202-493-2251.
    Hand Delivery: Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington DC, between 9 a.m. and 5 
p.m. Monday through Friday, except Federal holidays.
    DOT will post all comments that we receive, without change, to 
http//dms.dot.gov, including any personal information you provide. For 
more information, see the Privacy Act discussion in the SUPPLEMENTARY 
INFORMATION section of this document.
    If you want DOT to acknowledge receipt of your comments, include 
with your comments a pre-addressed, stamped postcard on which the 
docket number appears. We will stamp the date on the postcard and mail 
it to you.
    Docket: To read background documents or comments received, go to 
http://dms.gov at any time or to Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington DC, between 9 a.m. 
and 5 p.m. Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Bernie Stankus, Office of Airline 
Information, RTS-42, Room 4125, Research and Innovative Technology 
Administration, Bureau of Transportation Statistics, 400 Seventh 
Street, SW., Washington, DC 20590-0001, Telephone Number (202) 366-
4387, Fax Number (202) 366-3383 or e-mail [email protected].

SUPPLEMENTARY INFORMATION: DOT invites air carriers and other 
interested persons to participate in this rulemaking by submitting 
written comments or views. The most helpful comments reference a 
specific portion of the proposal, explain the reason for any 
recommended change, and include supporting data. Privacy Act: Using the 
search function of DOT docket Web site, anyone can find and read the 
comments received into any of our dockets, including the name of the 
individual sending the comment. You may review DOT's Privacy Act 
Statement that was published in the Federal Register on April 11, 2000 
(65 FR 19475-19570) or you may visit http://dms.dot.gov.

Background

    Receiving and processing aviation data is an essential business 
process for the Department of Transportation (DOT). To increase 
efficiency and reduce costs of the filing process to both the air 
carriers and the government, DOT proposes that all aviation data that 
is collected by the Bureau of Transportation Statistics (BTS) be 
transmitted via the internet (e-filing). Our proposed e-filing is 
designed to be user friendly. Automated, built-in data edits would 
alert filers of incomplete information, thus reducing filing errors and 
the need for corrective re-processing. E-filing is more secure than 
attaching files to e-mails. E-filing does not have the size limit 
constraints encountered by attachment to e-mail submissions. E-filing 
provides the submitters with immediate confirmation that the filing has 
been received by BTS. E-filing should eliminate the need for BTS to key 
punch hard copy records into its various data bases.
    The DOT proposes to phase-in e-filing for the following schedules, 
forms and reports:

T-8--Report of All-Cargo Operations;
T-100--U.S. Air Carrier Traffic and Capacity Data by Nonstop Segment 
and On-Flight Market;
T-100(f)--Air Carrier Traffic Data by Nonstop Segment and on-Flight 
Market;
Form 41 Schedules A Certification, B-1 and B-1.1 Balance Sheet, B-7 
Airframe and Aircraft Engine Acquisitions and Retirements, B-12 
Statement of Changes in Financial Position, B-43 Inventory of Airframes 
and Aircraft Engines, P-1.1 and P-1.2 Statement of Operations, P-1(a) 
Interim Operations Report, P-2 Notes to BTS Form 41 Report, P-5.1 and 
P-5.2 Aircraft Operating Expenses, P-6 Operating Expenses by Objective 
Groupings, P-7 Operating Expenses by Functional Groupings--Group III 
Air Carriers, P-10 Employment Statistics by Labor Category, P-12(a) 
Fuel Consumption by Type of Service and Entity;
Form 183--Report of Extension of Credit to Political Candidates;
Form 251--Report of Passengers Denied Confirmed Space;
Form 291--A Statement of Operations for Section 41103 Operations;
Form 298-C, Schedules F-1 Report of Financial Data, and F-2 Report of 
Aircraft Operating;
Part 234--On-Time Flight Performance Report;
Part 234.6--Baggage Handling Statistics; and
Part 241--The Passenger-Origin Destination Survey Report.


[[Page 76227]]


    Selected Alaskan carriers are participating in an e-filing pilot 
program for submitting their T-100 traffic data. After resolving 
several initial system problems, the pilot project has progressed 
smoothly and the participating carriers appear satisfied with the pilot 
project. The carriers are allowed to log on to our Web site and 
electronically submit T-100 market and/or segment data. The Web 
application performs an initial check on the client site, uploads the 
files to an isolated secure location on a Pilot Test Server, logs the 
receipt, and sends an acknowledgement to the submitter. Depending on 
the form, a submitter would attach a file or complete an on-line form 
to meet its reporting obligation. Because of the size of the Passenger 
Origin-Destination Survey Report, the T-100 U.S. Air Carrier Traffic 
and Capacity Data by Nonstop Segment and On-Flight Market and the Part 
234 On-Time Flight Performance Report, carriers would be required to 
attach a comma delimited file. For BTS Schedules B-12 Statement of 
Changes in Financial Position and P-2 Notes to BTS Form 41 Report, 
which are ``free form'' reports, carriers would attach an MS Word 
document or a text file to meet their reporting burden.
    The T-100 and T-100(f) would be the initial reports selected for e-
filing. Carriers would receive 60-days notice via an Office of Airline 
Information (OAI) Accounting and Reporting Directive before 
implementing the requirement to submit other forms or schedules by e-
filing.
    The Web form would allow carriers to log on to the secure Web site 
and submit various data they are required to file with OAI. The Web 
form performs user authentication, validates filer information and 
basics of the data to be uploaded, uploads the files to an isolated 
secure location, logs the receipt, and sends an acknowledgement. The 
URL of the BTS E-Filing Center is http://www.efile.rita.dot.gov. The 
URL will automatically redirect the user to a secured portal (https).

Statutory and Executive Order Reviews

A. Executive Order No. 12866: Regulatory and Planning Review

    Under Executive Order No 12866, (58 FR 51735, October 4, 1993) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may (1) Have an annual 
effect on the economy of $100 million or more or adversely affect in a 
material way the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal governments or communities; (2) create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency; (3) materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof; or (4) raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in the Executive Order.
    It has been determined that this proposed action is not a 
``significant regulatory action'' under Executive Order No 12866. 
Therefore, it has not been reviewed by the Office of Management and 
Budget under that order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040, February 26, 1979). Because this rule merely proposes a 
change in the reporting process and not the underlying reporting 
requirements it would have minimal economic impacts. The proposal would 
only involve minimal transitional costs and would not place any 
additional reporting burden on air carriers. We estimate that this 
proposal may lessen the long-term compliance costs for air carriers by 
reducing their mailing costs. In addition, the proposed action would 
enhance data security and save government costs by eliminating the need 
for the BTS to keypunch hardcopy data submissions. Finally, the 
proposal would provide air carriers immediate submission notification 
and a receipt that the BTS has received the data.

B. Paperwork Reduction Act

    BTS tentatively finds that this proposed action would not change 
the current reporting burden on air carriers for the purposes of the 
Paperwork Reduction Act. BTS requests comments on any aspects of this 
proposal, including: (1) An estimate on any cost savings; (2) ways to 
enhance the quality, usefulness, and clarity of the collected 
information; and (3) ways to minimize the collection burden without 
reducing the quality of the information collected, including additional 
use of automated collection techniques or other forms of information 
technology. To submit comments to BTS on theses issues, please follow 
the instructions that appear in the ADDRESSES section of this document. 
You may also send comments to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, 725-17th Street, NW., 
Washington, DC 20503, Attention RITA Desk Officer. If after evaluating 
the public comments, the agency believes that the agency action will 
result in reduction of the reporting burden hours for the reporting air 
carriers, the agency will notify OMB of the change in burden hours for 
the applicable information collection activities (OMB Control Numbers--
2139-0001, 2138-0009, 2138-0013, 2138-0018, 2138-0040 and 2138-0041) 
and make the appropriate adjustment(s) in the agency's paperwork 
inventory.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to 
notice-and-comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities.
    This proposal will not, if adopted, have a significant economic 
impact on a substantial number of small entities.

D. Executive Order 12612

    This rule has been analyzed in accordance to the principles and 
criteria in Executive Order 12612 (``Federalism'') and DOT has 
determined the proposed rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

E. Regulation Identifier Number

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda each 
April and October. The RIN Number 2139-AA11 contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects in 14 CFR Parts 217, 241, 250, 291, and 298

    Administrative practice and procedures, Air carriers, Air taxis, 
Consumer protection, Freight, Reporting and recordkeeping requirements, 
and Uniform system of accounts.
    Accordingly, the Department of Transportation proposes to amend 14 
CFR Chapter II as follows:

PART 217--[AMENDED]

    1. The authority of part 217 continues to read as follows:


[[Page 76228]]


    Authority: 49 U.S.C. 329 and chapters 401, 413, 417.

    2. Section 217.3(e) is proposed to be revised as follows:


Sec.  217.3  Reporting requirements.

* * * * *
    (e) Schedule T-100(f) shall be filed with the Bureau of 
Transportation Statistics using an e-filing portal. The URL of the BTS 
E-Filing Center is http://www.efile.rita.dot.gov. The URL will 
automatically redirect the user to a secured portal (https).

PART 241--[AMENDED]

    3. The authority of part 241 continues to read as follows

    Authority:  49 U.S.C. 329 and chapters 401, 411, 417.

    4. Section 19-1 (c) is proposed to be revised as follows:


Sec.  19-1  Applicability.

* * * * *
    (c) Each U.S. carrier shall submit using an e-filing portal its 
Form 41 Schedule T-100 U.S. Air Carrier Traffic and Capacity data by 
Nonstop Segment and On-flight Market. The URL of the BTS E-Filing 
Center is http://www.efile.rita.dot.gov. The URL will automatically 
redirect the user to a secured portal (https).
* * * * *
    5. Section 19-7(b) is proposed to be revised as follows:


Sec.  19-7  Passenger origin-destination survey.

* * * * *
    (b) Reports required by this section shall be submitted to the 
Bureau of Transportation Statistics using an e-filing portal. The URL 
of BTS E-Filing Center is http://www.efile.rita.dot.gov. The URL will 
automatically redirect the user to a secured port (https).
* * * * *

PART 250--[AMENDED]

    6. The authority of part 250 continues to read as follows:

    Authority:  49 U.S.C. 329 and chapters 401, 411, 413, 417.

    7. We propose to designate the existing text as paragraph (a) and 
add a paragraph (b) to Sec.  250.10 as follows:


Sec.  250.10  Report of passengers denied confirmed space.

* * * * *
    (b) Reports required by this section shall be submitted to the 
Bureau of Transportation Statistics using an e-filing portal. The URL 
of the BTS E-Filing Center is http://www.efile.rita.dot.gov. The URL 
will automatically redirect the user to a secured port (https).

PART 291--[AMENDED]

    8. The authority of part 291 continues to read as follows:

    Authority: 49 U.S.C. 329 and chapters 411 and 417.

    9. Section 291.42(a)(2) is proposed to be revised as follows:


Sec.  291.42   Section 41103 financial and traffic reporting.

    (a) * * *
    (2) Reports required by this section shall be submitted to the 
Bureau of Transportation Statistics using an e-filing portal. The URL 
of the BTS E-Filing Center is http://www.efile.rita.dot.gov. The URL 
will automatically redirect the user to a secured port (https).
* * * * *

PART 298--[AMENDED]

    10. The authority of part 298 continues to read as follows:

    Authority:  49 U.S.C. 329 and chapters 401, 411, 417.

    11. We propose to revise Sec.  298.60(c) and remove paragraphs (d) 
and (e):


Sec.  298.60  General reporting instructions.

* * * * *
    (c) Reports required by this section shall be submitted to the 
Bureau of Transportation Statistics using an e-filing portal. The URL 
of the BTS E-Filing Center is http://www.efile.rita.dot.gov. The URL 
will automatically redirect the user to a secured port (https). The URL 
of BTS E-Filing Center is http://www.efile.rita.dot.gov.

    Issued in Washington, DC, on December 13, 2006.
Donald Bright,
Assistant Director, Airline Information, Bureau of Transportation 
Statistics.
[FR Doc. E6-21599 Filed 12-19-06; 8:45 am]
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