[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Rules and Regulations]
[Pages 14604-14606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05113]


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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 234

[Docket No. DOT-OST-2014-0056]
RIN 2105-AE66


Enhancing Airline Passenger Protections III: Extension of 
Compliance Date for Provision Concerning Baggage Handling Statistics 
Report

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 from January 1, 2018, to January 1, 
2019, for the provision concerning reporting of baggage handling 
statistics in the Department's final rule on enhancing airline 
passenger protections. This extension is necessary to ensure 
consistency with the change of compliance date for the Department's 
final rule on reporting of data for mishandled baggage and wheelchairs.

DATES: This final rule is effective March 22, 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: On November 3, 2016, the Department of 
Transportation published a final rule in the Federal Register (81 FR 
76800), titled ``Enhancing Airline Passenger Protections III'' (RIN 
2105-AE11). This rule, among other things, expands the pool of carriers 
that must report airline service and performance data from any carrier 
that accounts for at least 1% of domestic scheduled passenger revenue 
to any carrier that accounts for at least 0.5% of domestic scheduled 
passenger revenue. It also requires reporting carriers to separately 
report airline service and performance data for their domestic 
scheduled flights operated by their code-share partners. This means 
that, under the November 2016 final

[[Page 14605]]

rule, for air transportation taking place on or after January 1, 2018, 
airlines that account for at least 0.5% of domestic scheduled passenger 
revenue must provide airline service and performance data for flights 
they operate and separately for flights held out with their designator 
code and operated by their code-share partners. The airline service and 
performance data that is required consists of on-time performance, 
mishandled baggage and oversales data.
    On March 2, 2017, the Department issued a rule extending the 
compliance date of its final rule on reporting of data for mishandled 
baggage and wheelchairs in aircraft cargo compartments to January 1, 
2019. That final rule addressed the methodology for collection of 
mishandled baggage information and required separate statistics for 
mishandled wheelchairs and scooters used by passengers with 
disabilities. The change to the matrix on how to report mishandled 
baggage and to provide separate reporting of mishandled wheelchairs and 
scooters was incorporated into the Department's Enhancing Airline 
Passenger Protections III final rule. As such, this document is 
extending the compliance date to January 1, 2019 for the provision 
concerning baggage handling statistics in the Department's final rule 
on enhancing airline passenger protections. The compliance date for the 
requirements pertaining to on-time performance and oversales remain 
unchanged.
    As is the case today, until January 1, 2019, airlines that account 
for at least 1% of domestic scheduled passenger revenue will continue 
to provide mishandled baggage data only for flights they operate based 
on the number of Mishandled Baggage Reports and the number of domestic 
passenger enplanement. Airlines that account for at least 0.5% but less 
than 1% of the domestic scheduled passenger revenue are not required to 
provide mishandled baggage data until February 15, 2019 for air 
transportation taking place on or after January 1, 2019. Separate 
statistics for mishandled wheelchairs and scooters used by passengers 
with disabilities and transported in aircraft cargo compartment are not 
required until January 1, 2019.

List of Subjects in 14 CFR Part 234

    Air carriers, Mishandled baggage, On-time statistics, Reporting, 
Uniform system of accounts.

    Issued this 9th day of March 2017, in Washington, DC under 
authority delegated in 49 CFR 1.27(n):
Judith S. Kaleta,
Deputy General Counsel.

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

PART 234--[AMENDED]

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

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


0
2. Section 234.6 is revised to read as follows:


Sec.  234.6   Baggage-handling statistics.

    (a) For air transportation taking place before January 1, 2019, an 
air carrier certificated under 49 U.S.C. 41102 that accounts for at 
least 1 percent of domestic scheduled-passenger revenues in the most 
recently reported 12-month period as defined by the Department's Office 
of Airline Information, and as reported to the Department pursuant to 
part 241 of this title shall, for the flights it operates, report 
monthly to the Department on a domestic system basis, excluding charter 
flights, the total number of passengers enplaned system-wide and the 
total number of mishandled-baggage reports filed with the carrier for 
any nonstop flight, including a mechanically delayed flight, to or from 
any airport within the contiguous 48 states that accounts for at least 
1 percent of domestic scheduled-passenger enplanements in the previous 
calendar year, as reported to the Department pursuant to part 241 of 
this title.
    (b) For air transportation taking place on or after January 1, 
2019, an air carrier certificated under 49 U.S.C. 41102 that accounts 
for at least 0.5 percent of domestic scheduled-passenger revenues in 
the most recently reported 12-month period as defined by the 
Department's Office of Airline Information, and as reported to the 
Department pursuant to part 241 of this title shall report monthly to 
the Department on a domestic system basis, excluding charter flights:
    (1) The total number of checked bags enplaned, including gate 
checked baggage, ``valet bags,'' interlined bags, and wheelchairs and 
scooters enplaned in the aircraft cargo compartment for any domestic 
nonstop scheduled passenger flight, including a mechanically delayed 
flight, operated by the carrier to or from any U.S. large, medium, 
small or non-hub airport as defined in 49 U.S.C. 41702 and separately 
for any domestic nonstop scheduled passenger flight, including a 
mechanically delayed flight, held out with only the carrier's 
designator code to or from any U.S. large, medium, small, or non-hub 
airport as defined in 49 U.S.C. 47102 and operated by any code-share 
partner that is a certificated air carrier or commuter air carrier;
    (2) The total number of wheelchairs and scooters that were enplaned 
in the aircraft cargo compartment for any domestic nonstop scheduled 
passenger flight, including a mechanically delayed flight, operated by 
the carrier to or from any U.S. large, medium, small or non-hub airport 
as defined in 49 U.S.C. 41702 and separately for any domestic nonstop 
scheduled passenger flight, including a mechanically delayed flight, 
held out with only the carrier's designator code to or from any U.S. 
large, medium, small, or non-hub airport as defined in 49 U.S.C. 47102 
and operated by any code-share partner that is a certificated air 
carrier or commuter air carrier;
    (3) The number of mishandled checked bags, including gate-checked 
baggage, ``valet bags,'' interlined bags and wheelchairs and scooters 
that were enplaned in the aircraft cargo compartment for any domestic 
nonstop scheduled passenger flight, including a mechanically delayed 
flight, operated by the carrier to or from any U.S. large, medium, 
small or non-hub airport as defined in 49 U.S.C. 41702 and separately 
for any domestic nonstop scheduled passenger flight, including a 
mechanically delayed flight, held out with only the carrier's 
designator code to or from any U.S. large, medium, small, or non-hub 
airport as defined in 49 U.S.C. 47102 and operated by any code-share 
partner that is a certificated air carrier or commuter air carrier; and
    (4) The number of mishandled wheelchairs and scooters that were 
enplaned in the aircraft cargo compartment for any domestic nonstop 
scheduled passenger flight, including a mechanically delayed flight, 
operated by the carrier to or from any U.S. large, medium, small or 
non-hub airport as defined in 49 U.S.C. 41702 and separately for any 
domestic nonstop scheduled passenger flight, including a mechanically 
delayed flight, held out with only the carrier's designator code to or 
from any U.S. large, medium, small, or non-hub airport as defined in 49 
U.S.C. 47102 and operated by any code-share partner that is a 
certificated air carrier or commuter air carrier.
    (c) The information in paragraphs (a) and (b) of this section shall 
be submitted to the Department within 15 days after the end of the 
month to which the

[[Page 14606]]

information applies and must be submitted with the transmittal 
accompanying the data for on-time performance in the form and manner 
set forth in accounting and reporting directives issued by the 
Director, Office of Airline Information.

[FR Doc. 2017-05113 Filed 3-21-17; 8:45 am]
 BILLING CODE 4910-9X-P