[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Notices]
[Pages 12664-12668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04307]


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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[OST Docket No. DOT-OST-2011-0170]


Notice of Submission of Proposed Information Collection to OMB

    Agency Request for Revision of BTS Form 251 and Renewal of OMB 
Control Number 2138-0018: Part 250 of the Department's Economic 
Regulations--Oversales
AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
notice announces the Department of Transportation's (Department) 
intention to renew and revise an Office of Management and Budget (OMB) 
control number as related to the Department's Bureau of Transportation 
Statistics (BTS) Form 251, Report of Passengers Denied Confirm Space. 
The Department has collected and published information regarding the 
industry's practice of overselling flights for over 40 years. In the 
past few years, there has been changes in the airline industry 
regarding how airlines handle oversale situations and denied boardings. 
For example, airlines have begun taking proactive steps to reduce the 
number of involuntary denied boardings including increasing the amount 
of compensation offered to passengers in exchange for voluntary changes 
to a passenger's itinerary. These changes have resulted in an overall 
reduction in the rate of denied boardings, but the practice still 
occurs and is an integral part of the airline industry. The Department 
is seeking to renew the current OMB control number and to revise and 
rename Form 251 to Form 250 to reduce the burden on airlines, better 
clarify the instructions for completing the form, and provide more 
relevant information to consumers.

DATES: Written comments should be submitted by May 4, 2020.

ADDRESSES: You may submit comments (identified by DOT Docket Number 
OST-2011-0170) through one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Hand Delivery: U.S. Department of Transportation, West 
Building Ground Floor, 1200 New Jersey Avenue SE, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except on Federal Holidays. The telephone number is 202-366-9329.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-140, 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Stuart Hindman, (202) 366-9342, 
[email protected], Office of the Assistant General Counsel for 
Aviation Enforcement and Proceedings (C-70), U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2138-0018.
    Title: Report of Passengers Denied Confirmed Space Due to an 
Oversale Situation.
    Type of Request: Request to Revise and Rename Form 251 and Renew 
OMB Control Number.
    Abstract/Background: BTS Form 251 is a one-page report that U.S. 
reporting carriers submit to the Department on a quarterly basis. Among 
other things, the form contains the following information: 1) The 
number of passengers denied seats on flights that they hold confirmed 
spaces, either voluntarily or involuntarily, 2) the numbers of 
passengers involuntarily denied boarding (bumped passengers) who were 
and who were not provided alternate transportation, 3) the number of 
passengers voluntarily or involuntarily denied boarded who received 
compensation and the amounts of the compensation paid to them, and 4) 
the total number of enplanements at a U.S. airport relating to flights 
that are subject to the oversales rule. For the purpose of Form 251, 
reporting carriers are U.S. air carriers that account for at least .5 
percent of domestic scheduled-service passenger revenues. These 
reporting carriers must submit Form 251 for all flights operated on 
aircraft with a designed passenger capacity of 30 or more seats which 
depart a U.S. airport. Carriers do not report data from inbound 
international flights to the United States because the protections of 
14 CFR part 250 Oversales do not apply to these flights. In addition, 
reporting carriers must file a separate form for all scheduled flight 
segments originating in the United States which are operated by a 
codeshare partner of the reporting carrier that is a certificated air 
carrier or commuter air carrier using aircraft that have a designed 
passenger capacity of 30 or more seats, and marketed only under one 
U.S. carrier's code. As of January 1, 2020, there are 5 such reporting 
carriers.
    Certain information collected from Form 251 is made available to 
the

[[Page 12665]]

public in the Department's monthly publication, the Air Travel Consumer 
Report (ATCR), at: https://www.transportation.gov/individuals/aviation-consumer-protection/air-travel-consumer-reports. The ATCR is a reliable 
and widely cited source of information for newspapers, magazines, and 
trade journals. The report allows the Department to monitor the level 
of oversales activities by each reporting carrier, their impact on 
passengers, and the effectiveness of the Department's oversales rule. A 
review of the data reveals that the overall involuntarily denied-
boarding rates have been consistently decreasing in recent years while 
passenger enplanements are increasing. For example, compared to the 
annual involuntary denied boarding rate of 4.38 per 10,000 passengers 
in 1980, this rate has been reduced to .24 per 10,000 passengers in 
2019. The publishing of the carriers' individual denied boarding rates 
has diminished the need for more intrusive regulation because the 
public availability of this information deters carriers from setting 
unreasonable overbooking rates--a market-based mechanism that is more 
efficient than direct regulation of those rates. In addition, a 
carrier's denied boarding rate provides an insight into that carrier's 
operational principles and customer service practices. For instance, a 
rapid sustained increase in the rate of denied boarding may indicate 
operational difficulties. Because the rate of denied boarding is 
released quarterly, travelers and travel agents concerned about being 
bumped can select carriers with lower incidences of denied boardings.
    In 2016, the Department issued a final rule that, in part, revised 
the oversales reporting requirements. In conjunction with that 
rulemaking, on May 23, 2014, the Department published a 60-day FR 
Notice (79 FR 29970), and, on November 3, 2016, a 30-day FR notice (81 
FR 76800) to renew and revise the OMB control number regarding 
oversales information collection (2138-0018). On October 12, 2017, OMB 
approved the control number authorizing these new collections of 
information until October 31, 2020. This 60-day notice serves to notify 
the public of the Department's intention to renew the OMB control 
number and to revise and BTS Form 251 to Form 250.
    Based on changes in the industry involving how airlines handle 
oversale situations, the Department is proposing to revise and rename 
Form 251 to Form 250 to reduce the burden on the reporting carriers, to 
clarify form instructions, to resolve any inconsistencies among the 
data provided by reporting carriers, and to provide more relevant and 
helpful information to consumers. A line-by-line summary of the 
proposed changes to the form with an explanation for each change is 
below:

Form 250

     Title.
    [cir] The current title of the form-- ``Report of Passengers Denied 
Confirmed Space''--is revised to ``Report of Passengers Denied 
Confirmed Space Due to an Oversale Situation'' and renamed to be ``Form 
250''. This revision is intended to clarify that the form is meant to 
capture data relating to passengers denied boarding due to an oversale 
situation and not for other reasons such as safety, security, or health 
related reasons. Renaming the form to ``Form 250'' is intended to 
further clarify the applicability of the data to oversale situations 
and correspond to the appropriate part of Title 14 of the Code of 
Federal Regulations which addresses oversales, Part 250.
     Line 1.
    [cir] Added ``from flights that were oversold'' to the leading 
sentence to reinforce that the form is intended to capture data from 
oversold flights.
    [cir] In order to provide more complete and accurate regulation 
citations, changed the regulation citation in line 1(a) to ``Sec.  
250.5(a)(2) or (b)(2)'' and added a regulation citation in lines 1(b) 
of ``Sec.  250.5(a)(3) or (b)(3)''.
     Line 2.
    [cir] Added ``from flights that were oversold'' in the leading 
sentence to reinforce that the form is intended to capture data from 
oversold flights.
    [cir] Reworded the contents in lines 2(a), 2(b), and 2(c) to ensure 
that the language in the form matches the regulatory text, listed order 
of exceptions to the denied boarding compensation rule found in 14 CFR 
250.6, and included the applicable citation to section 250.6.
    [cir] Moved the content of line 6 to line 2.
    [cir] Rearranged the orders of lines 2(a), 2(b), 2(c), and 2(d).
     Line 3--no change.
     Line 4.
    [cir] Added ``from an oversold flight'' to reinforce that the form 
is intended to capture data from oversold flights.
    [cir] Added ``regardless of the type of compensation (e.g., 
voucher, cash)'' to clarify that reporting carriers must report the 
actual number of all passengers who receive any type of compensation as 
a result of being denied boarding involuntarily.
     Line 5.
    [cir] Added ``due to a potential oversale situation'' to reinforce 
that the form is intended to capture data from oversold flights.
     Line 6.
    [cir] Moved the text in line 6 to line 2 so that all data relating 
to exceptions to the denied boarding compensation rule is on one line.
    [cir] Moved the text from line 7 up to line 6 without any change.
     Line 7.
    [cir] Moved the text from line 8 up to line 7 and added the 
regulation citation to ``Sec.  250.5(a)(2) or (b)(2)'' to line 7(a) and 
``Sec.  250.5(a)(3) or (b)(3)'' to line 7(b) to complete the applicable 
regulatory citation.

Instructions to Form 250

     Instruction (A).
    [cir] Added clarifying language to ensure reporting carriers are 
only reporting data relating to oversold flights operated by covered 
aircraft (i.e., aircraft with 30 or more seats).
    [cir] Added language related to the requirement for reporting 
carriers to submit a separate Form 250 for flights operated by a 
reporting marketing carrier's code-share partner if the code-share 
partner is also a reporting carrier.
     Instruction (B).
    [cir] Added clarifying language to include the full citation to the 
applicable regulation to ensure that reporting carriers are properly 
reporting data on lines 1(a) and 1(b).
     Instruction (C)--no change.
     Instruction (D).
    [cir] Added a new instruction D to clarify that reporting carriers 
must include on line 4 passengers who receive any type of compensation 
as a result of being denied boarding involuntarily from an oversold 
flight.
     Instruction (E).
    [cir] Moved text from previous Instruction (D) to Instruction (E) 
without additional change.
     Instruction (F).
    [cir] Moved text from previous Instruction (E) to Instruction (F) 
without additional change.
     Instruction (G).
    [cir] Moved text from previous Instruction (F) to Instruction (G) 
and added clarifying language to ensure reporting carriers properly 
report only the amount of cash or cash-equivalent compensation provided 
to passengers denied boarding either voluntarily or involuntarily.
     Instruction (H).
    [cir] Moved text from previous Instruction (G) to Instruction (H) 
without additional change.
     Instruction (I).
    [cir] Moved text from previous Instruction (H) to Instruction (I) 
and include a new submission email address.

[[Page 12666]]

    Copies of the proposed revisions to the form and its instructions 
are included in this notice.
    The Confidential Information Protection and Statistical Efficiency 
Act of 2002 (44 U.S.C. 3501) requires a statistical agency to clearly 
identify information it collects for non-statistical purposes. The 
Departments hereby notifies the respondents and the public that it uses 
the information it collects under this OMB approval for non-statistical 
purposes including, but not limited to, publication of the data in the 
Department's Air Travel Consumer Report and submission of the 
information to DOT agencies outside BTS for review, analysis, and 
possible use in regulatory, enforcement, and other administrative 
matters.
    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. A Federal agency generally 
cannot conduct or sponsor a collection of information, and the public 
is generally not required to respond to an information collection, 
unless it is approved by the OMB under the PRA and displays a currently 
valid OMB Control Number. In addition, notwithstanding any other 
provisions of law, no person shall generally be subject to monetary 
penalty for failing to comply with a collection of information if the 
collection of information does not display a valid OMB Control Number. 
See 5 CFR 1320.5(a) and 1320.6.
    For each of these information collections, the title, a description 
of the respondents, and an estimate of the annual recordkeeping and 
periodic reporting burden are set forth below:
    Requirement to Submit BTS Form 250 as related to oversold flights.
    Respondents: U.S. air carriers that account for .5 percent of 
domestic scheduled-service passenger revenues for all flights operated 
on aircraft with a designed passenger capacity of 30 or more seats 
which depart a U.S. airport. We have identified 16 carriers meeting 
this threshold in 2020. Additionally, out of the 16 carriers, five 
reporting carriers must file a separate form for all scheduled flight 
segments originating in the United States which are operated by a 
codeshare partner of the reporting carrier that is a certificated air 
carrier or commuter air carrier using aircraft that have a designed 
passenger capacity of 30 or more seats, and marketed only under one 
U.S. carrier's code.
    Number of Respondents: 16 (effective January 1, 2020)
    Frequency: Four times a year
    Estimated Total Burden on Respondents: 1144 hours
    This estimate is based on the following information: \1\
---------------------------------------------------------------------------

    \1\ The burden estimate was based on a cost/benefits analysis 
conducted in 2016 as part of the Department's Final Rule on 
Enhancing Airline Passenger Protections III. See, Regulatory Impact 
Analysis for Final Rule Enhancing Airline Passenger Protection III, 
October 18, 2016. https://www.regulations.gov/document?D=DOT-OST-2014-0056-0792.

                 Flights Operated by Reporting Carriers
                   [Form 250 for Flights They Operate]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Respondents.............................................              16
Quarterly Reports.......................................               4
    Total Reports.......................................              64
                                                         ---------------
Hours per Reports.......................................              16
Burden Hours............................................            1024
------------------------------------------------------------------------


             Codeshare Flights Marketed by Reporting Carrier
              [Form 250 for Codeshare Flights They Market]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Respondents.............................................               5
Quarterly Reports.......................................               4
    Total Reports.......................................              20
                                                         ---------------
Hours per Reports.......................................               6
Burden Hours............................................             120
------------------------------------------------------------------------

    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including (a) whether the proposed 
collection of information is necessary for the Department's 
performance; (b) the accuracy of the estimated burden; (c) ways for the 
Department to enhance the quality, utility, and clarity of the 
information collection; and (d) ways to minimize the burden of the 
collection of information on respondents without reducing the quality 
of the collected information, including the use of automated collection 
techniques or other forms of information technology.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. 
Chapter 35, as amended.

    Issued in Washington, DC on February 25, 2020.
Blane A. Workie,
Assistant General Counsel for Aviation Enforcement and Proceedings.
BILLING CODE P

[[Page 12667]]

[GRAPHIC] [TIFF OMITTED] TN03MR20.001

BILLING CODE C

Form 250--Report of Passengers Denied Confirmed Space Due to an 
Oversale Situation

Instructions

    (A) Air carriers that are submitting Airline Service Quality 
Performance Reports must submit Form 250, as it relates to flights 
which are oversold, on a quarterly basis for scheduled passenger 
flights operated by the reporting carriers with 30 or more seat 
aircraft, departing from a point within the United States.
    For air transportation taking place on or after January 1, 2018, 
air carriers that are submitting Airline Service Quality Performance 
Reports must submit a separate Form 250 for flights marketed under only 
their carrier's code and operated by a code-share partner that is a 
certificated air carrier or commuter air carrier using aircraft that 
have a designed passenger capacity of 30 or more seats. Reports are due 
30 days after the end of the quarter. No data are to be reported for 
inbound international flights that departed from a foreign point. (Data 
for a nonstop flight segment that departed from a U.S. point are to be 
reported even if that flight segment is part of a flight that 
originated outside

[[Page 12668]]

the United States). The reporting regulations are contained in 14 CFR 
part 250, Oversales.
    (B) Line (1)(a) passengers given alternate transportation within 
meaning of Sec.  250.5(a)(2) or (b)(2) means air transportation 
accepted by the passenger which, at the time the arrangement is made, 
is planned to arrive at the passenger's destination or first stopover 
more than one hour but less than 2 hours for domestic flight and more 
than one hour but less than 4 hours for international flights after the 
planned arrival time of the flight from which the passenger was denied 
boarding and is therefore entitled to compensation equal to 200% of the 
passenger's one-way fare. See 14 CFR 250.5(a)(2) and (b)(2).
    Line (1)(b), passengers given alternate transportation within the 
meaning of Sec.  250.5(a)(3) or (b)(3), means air transportation 
accepted by the passenger which, at the time the arrangement is made, 
is planned to arrive at the passenger's destination or first stopover 
two hours or more for domestic flights and 4 hours or more for 
international flights after the planned arrival time of the flight from 
which the passenger was denied boarding and is therefore entitled to 
compensation equal to 400% of the passenger's one-way fare. See 14 CFR 
250.5(a)(3) and (b)(3). Passengers who were not offered or provided 
alternate transportation are entitled to compensation equal to 400% of 
the passenger's one-way fare as well and should also be included in 
Line (1)(b).
    (C) Total number denied boarding involuntarily should equal the sum 
of lines 1 and 2. If not, attach notes explaining any discrepancy.
    (D) Any passenger who receives any type of compensation as a result 
of being involuntarily denied boarding from an oversold flight, 
including cash, check, or travel voucher, should be included on Line 4.
    (E) On line 5, a passenger who volunteers is a person who responds 
to the carrier's request for volunteers pursuant to 14 CFR 250.2b and 
willingly consents to exchange his or her confirmed reserved space for 
compensation of the carrier's choosing. Any passenger selected by the 
carrier for denied boarding in accordance with boarding priority other 
than a request for volunteers is considered to have been denied 
boarding involuntarily, whether or not the passenger accepts denied 
boarding compensation. In order to be classified as a volunteer, a 
passenger must have been given the option of taking the oversold flight 
for which he or she held a reservation.
    (F) Total Boardings on line 7 includes only revenue passengers on 
flights for which confirmed reservations are offered. For international 
flights, Total Boardings include only revenue passengers on flight 
segments departing from a U.S. point that are subject to Part 250 and 
for which confirmed reservations are offered.
    (G) Lines 8(a), (b) and (c), compensation paid, should include only 
cash or cash equivalent (e.g., check or PayPal) to the persons 
described on the corresponding line; it should not include the actual 
or estimated value of any transportation vouchers provided to those 
passengers. Line 8 includes all cash or cash equivalent payments made 
to those passengers, i.e., payments actually accepted by passengers, 
plus payments that are offered or mailed and not rejected. If a carrier 
does not provide cash or cash equivalent as voluntary denied boarding 
compensation, line 8(c) should be zero.
    (H) Note on the report any abnormal conditions, such as strikes, 
having an impact on the results.
    (I) Send reports to either: email [email protected], fax 202 
366-3383 or mail:

U.S. Department of Transportation
BTS/OAI, RTS-42
1200 New Jersey Avenue SE
Washington, DC 20590-0001

OMB No: 2138-0018
Expiration Date: 10/31/2020

Paperwork Reduction Act Burden Statement

    [cir] A federal agency may not conduct or sponsor, and a person is 
not required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB Control Number. The OMB 
Control Number for this information collection is 2138-0018. Public 
reporting for Form 250, Report of Passengers Denied Confirmed Space Due 
to an Oversale Situation, is estimated to be approximately 10-16 hours 
per response, including the time for reviewing instructions, completing 
and reviewing the collection of information. All responses to this 
collection of information are mandatory. This is a consumer report 
which is released to the public. Send comments regarding this burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing this burden to: [email protected].

[FR Doc. 2020-04307 Filed 3-2-20; 8:45 am]
 BILLING CODE 4910-9X-P